II 

109TH CONGRESS 

1ST SESSION S. 1836 

To provide for reconstruction, replacement, and improvement of infrastructure 

in the Gulf Coast Region. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Gulf Coast Infrastructure Redevelopment and Recovery 

6 Act of 2005’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INFRASTRUCTURE RECOVERY 
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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 
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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. 

1 TITLE I—INFRASTRUCTURE 

2 RECOVERY 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Federal Infrastructure 

5 Preparedness Act of 2005’’. 

6 SEC. 102. FEDERAL INFRASTRUCTURE TASK FORCE. 

7 (a) ESTABLISHMENT.—The Secretary of the Army 

8 shall establish a Federal Infrastructure Task Force (re9 ferred to in this title as the ‘‘Task Force’’) to improve 

10 the preparedness of the United States for the effects of 

11 extreme weather events on infrastructure of the United 

12 States. 

13 (b) MEMBERSHIP.—The membership of the Task 

14 Force shall consist of— 

15 (1) the Secretary of the Army; 

16 (2) the Secretary of Transportation; 

17 (3) the Secretary of Energy; 
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1 (4) the Secretary of Commerce; 

2 (5) the Secretary of Homeland Security; 

3 (6) the Secretary of Health and Human Serv4 ices; 

5 (7) the Administrator of the Environmental 

6 Protection Agency; 

7 (8) the Director of the Federal Emergency 

8 Management Agency; 

9 (9) the Chairperson of the Nuclear Regulatory 

10 Commission; 

11 (10) the Chief of Staff of the Economic Devel12 opment Administration; 

13 (11) a representative of the Delta Regional Au14 thority; and 

15 (12) the Director of the United States Fish and 

16 Wildlife Service. 

17 (c) CHAIRPERSON.—The Secretary of the Army shall 

18 serve as chairperson of the Task Force (referred to in this 

19 title as the ‘‘Chairperson’’). 

20 SEC. 103. DUTIES. 

21 (a) IN GENERAL.—The Task Force shall— 

22 (1) serve as the coordinating entity to distribute 

23 and execute Federal funding provided for infrastruc24 ture redevelopment required as a result of Hurricane 

25 Katrina; 
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1 (2) establish standards for Federal investment 

2 in accordance with section 104; 

3 (3) provide grants in accordance with section 

4 105; and 

5 (4) conduct studies in accordance with section 

6 106. 

7 (b) REQUIREMENT.—In carrying out any duty under 

8 subsection (a), the Task Force shall— 

9 (1) provide an opportunity for public participa10 tion, to the maximum extent practicable; and 

11 (2) act in accordance with Executive Order 

12 12898 (59 Fed. Reg. 7629) relating to environ13 mental justice. 

14 SEC. 104. FEDERAL INVESTMENT STANDARDS. 

15 (a) IN GENERAL.—The Task Force shall establish 

16 standards for Federal investment in areas impacted by 

17 Hurricane Katrina to ensure that Federal investment in 

18 areas impacted by Hurricane Katrina— 

19 (1) is cognizant of natural processes underway 

20 along the Gulf Coast, including wetlands erosion, 

21 wetlands restoration, subsidence, and others; 

22 (2) protects and preserves the cultural, archi23 tectural, and ecological heritage of the Gulf Coast 

24 region; 
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1 (3) incorporates appropriate principles of sus2 tainable design and livable communities; and 

3 (4) incorporates recommendations from the 

4 Corps of Engineers regarding redevelopment oppor5 tunities that would reduce hurricane and flooding 

6 impacts while maximizing opportunities for wetlands 

7 restoration. 

8 (b) PUBLIC PARTICIPATION.—In establishing stand9 ards under subsection (a), the Task Force shall provide 

10 an opportunity for public participation, to the maximum 

11 extent practicable. 

12 SEC. 105. NATURAL DISASTER PREPAREDNESS GRANTS. 

13 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sub14 section, the term ‘‘eligible entity’’ means a State or local 

15 government entity located in an area that is vulnerable 

16 to frequent and intense hurricanes or other extreme 

17 weather events. 

18 (b) GRANTS.—The Task Force, acting through the 

19 Chairperson, may provide grants to eligible entities to pay 

20 the Federal share of the cost of— 

21 (1) reviewing and updating emergency response 

22 plans and evacuation plans of the eligible entity, in23 cluding consideration of the role of public transpor24 tation as a tool in evacuation planning and reentry 

25 of evacuated areas; and 
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1 (2) implementing the following measures in re2 sponse to needs identified in emergency response 

3 plans and evacuation plans: 

4 (A) Estimating the capability and adapt5 ability of the infrastructure of the eligible enti6 ty. 

7 (B) Revising drinking water, wastewater, 

8 water supply standards, and system require9 ments of the eligible entity. 

10 (C) Providing protection measures relating 

11 to hurricanes and other extreme weather events. 

12 (c) FEDERAL SHARE.—The Federal share of the cost 

13 of an activity under this section shall not exceed 75 per14 cent. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $200,000,000, to remain available until expended. 

18 SEC. 106. STUDIES. 

19 (a) NATIONAL STUDY ON VULNERABILITY OF INFRA20 STRUCTURE.— 

21 (1) IN GENERAL.—The Task Force, acting 

22 through the Chairperson and in consultation with 

23 the Governors of the States, shall conduct a study 

24 of the status of the transportation system, drinking 

25 water and wastewater, water supply, water resource 
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1 (including flood control), and energy infrastructure 

2 of the United States to determine the vulnerability 

3 of the United States to further intense hurricane ac4 tivity during calendar years 2005 and 2006. 

5 (2) REPORT.—Not later than 30 days after the 

6 date of enactment of this Act, the Chairperson shall 

7 submit to Congress a report describing— 

8 (A) the results of the study under para9 graph (1); and 

10 (B) recommendations with respect to legis11 lative actions necessary to reduce the vulner12 ability of the United States to further intense 

13 hurricane activity during calendar years 2005 

14 and 2006. 

15 (3) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this subsection $500,000, to remain available until 

18 expended. 

19 (b) NATIONAL STUDY ON PREPAREDNESS FOR HUR20 RICANES AND EXTREME WEATHER EVENTS.— 

21 (1) STUDY.— 

22 (A) IN GENERAL.—For the purpose of ad23 dressing and adapting to a period of more fre24 quent and intense hurricanes and other extreme 

25 weather events along the coast of the Gulf of 
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1 Mexico and in other vulnerable regions of the 

2 United States, as determined by the Chair3 person, the Task Force, acting through the 

4 Chairperson, shall conduct a study of the ade5 quacy of Federal and State— 

6 (i) drinking water, wastewater, water 

7 supply, and transportation infrastructure; 

8 (ii) flood control capability and infra9 structure; 

10 (iii) energy supplies; 

11 (iv) environmental protection; 

12 (v) commerce; 

13 (vi) telecommunications; 

14 (vii) health programs; and 

15 (viii) regulations, standards, and re16 sources. 

17 (B) ADEQUACY OF INFRASTRUCTURE.— 

18 The study under subparagraph (A) shall in19 clude— 

20 (i) consideration of the adequacy of 

21 Federal and State infrastructure, including 

22 public transportation infrastructure, to 

23 support evacuation plans; and 

24 (ii) an analysis of any factor that pre25 vented any individual from acting on an 
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1 evacuation order during Hurricane 

2 Katrina, including recommendations for 

3 methods of addressing the factor during 

4 future evacuations. 

5 (2) REPORT.—Not later than 1 year after the 

6 date of enactment of this Act, the Task Force, act7 ing through the Chairperson, shall submit to Con8 gress a report describing— 

9 (A) the results of the study under para10 graph (1); and 

11 (B) recommendations with respect to ap12 propriate legislative actions, including regula13 tions, programs, standards, and funding levels, 

14 to adapt to more frequent and intense hurri15 canes. 

16 (3) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to carry out 

18 this subsection $500,000, to remain available until 

19 expended. 

20 TITLE II—FEDERAL HIGHWAY 

21 REPAIR AND RECONSTRUCTION 

22 SEC. 201. EMERGENCY RELIEF PROGRAM MODIFICATIONS. 

23 (a) MAXIMUM AMOUNT.—Notwithstanding section 

24 125(c)(1) of title 23, United States Code, or any other 

25 provision of law, the Secretary of Transportation may obli-
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1 gate more than $100,000,000 in a State for a fiscal year 

2 under the emergency relief program authorized by section 

3 125 of such title, for projects for the repair or reconstruc4 tion of highways, roads, and trails in response to damage 

5 caused by Hurricane Katrina. 

6 (b) FEDERAL SHARE.—Notwithstanding section 

7 120(e) of such title or any other provision of law, during 

8 the 3-year period beginning on the date of enactment of 

9 this Act, the Federal share of the cost of each project de10 scribed in subsection (a) shall be 100 percent. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi12 tion to amounts otherwise available, there is appropriated, 

13 out of any funds in the Treasury not otherwise appro14 priated, for the emergency relief program authorized 

15 under section 125 of such title, $2,900,000,000, to remain 

16 available until expended: Provided, That the amounts 

17 made available under this section are designated as an 

18 emergency requirement pursuant to section 402 of H. 

19 Con. Res. 95 (109th Congress). 

20 TITLE III—WATER 

21 INFRASTRUCTURE ASSISTANCE 

22 SEC. 301. SHORT TITLE. 

23 This title may be cited as the ‘‘Emergency Water In24 frastructure Assistance Act of 2005’’. 
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1 SEC. 302. DEFINITION OF STATE. 

2 In this title, the term ‘‘State’’ means— 

3 (1) the State of Alabama; 

4 (2) the State of Louisiana; and 

5 (3) the State of Mississippi. 

6 SEC. 303. TREATMENT OF CERTAIN LOANS. 

7 (a) DEFINITION OF ELIGIBLE PROJECT.—In this 

8 section, the term ‘‘eligible project’’ means a project— 

9 (1) to repair, replace, or rebuild a publicly10 owned treatment works (as defined in section 212 of 

11 the Federal Water Pollution Control Act (33 U.S.C. 

12 1292)), including a privately-owned utility that prin13 cipally treats municipal wastewater or domestic sew14 age, in an area affected by Hurricane Katrina or a 

15 related condition; or 

16 (2) that is a water quality project directly re17 lated to relief efforts in response to Hurricane 

18 Katrina or a related condition, as determined by the 

19 State in which the project is located. 

20 (b) ADDITIONAL SUBSIDIZATION.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 for the 2-year period beginning on the date of enact23 ment of this Act, a State may provide additional 

24 subsidization to an eligible project that receives 

25 funds through a revolving loan under section 603 of 
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1 the Federal Water Pollution Control Act (33 U.S.C. 

2 1383), including— 

3 (A) forgiveness of the principal of the re4 volving loan; or 

5 (B) a zero-percent interest rate on the re6 volving loan. 

7 (2) LIMITATION.—The amount of any addi8 tional subsidization provided under paragraph (1) 

9 shall not exceed 30 percent of the amount of the 

10 capitalization grant received by the State under sec11 tion 602 of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1382) for the fiscal year during which 

13 the subsidization is provided. 

14 (c) EXTENDED TERMS.—For the 2-year period be15 ginning on the date of enactment of this Act, a State may 

16 extend the term of a revolving loan under section 603 of 

17 that Act (33 U.S.C. 1383) for an eligible project described 

18 in subsection (b), if the extended term— 

19 (1) terminates not later than the date that is 

20 30 years after the date of completion of the project 

21 that is the subject of the loan; and 

22 (2) does not exceed the expected design life of 

23 the project. 

24 (d) PRIORITY LISTS.—For the 2-year period begin25 ning on the date of enactment of this Act, a State may 
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1 provide assistance to an eligible project that is not in2 cluded on the priority list of the State under section 216 

3 of the Federal Water Pollution Control Act (33 U.S.C. 

4 1296). 

5 SEC. 304. PRIORITY LIST. 

6 For the 2-year period beginning on the date of enact7 ment of this Act, a State may provide assistance to a pub8 lic water system that is not included on the priority list 

9 of the State under section 1452(b)(3)(B) of the Safe 

10 Drinking Water Act (42 U.S.C. 300j–12(b)(3)(B)), if the 

11 project— 

12 (1) involves damage caused by Hurricane 

13 Katrina or a related condition; and 

14 (2) is in accordance with section 1452(b)(3)(A) 

15 of that Act (42 U.S.C. 300j–12(b)(3)(A)). 

16 SEC. 305. TESTING OF PRIVATELY-OWNED DRINKING 

17 WATER WELLS. 

18 On receipt of a request from a homeowner, the Ad19 ministrator of the Environmental Protection Agency may 

20 conduct a test of a drinking water well owned or operated 

21 by the homeowner that is, or may be, contaminated as a 

22 result of Hurricane Katrina or a related condition. 
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1 TITLE IV—ECONOMIC 

2 DEVELOPMENT ASSISTANCE 

3 SEC. 401. ECONOMIC DEVELOPMENT ADMINISTRATION. 

4 Section 209 of the Public Works and Economic De5 velopment Act of 1965 (42 U.S.C. 3149) is amended by 

6 adding at the end the following: 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is authorized to be 

9 appropriated to the Secretary to provide assistance 

10 described in subsection (c)(2) $200,000,000, to re11 main available until expended. 

12 ‘‘(2) SALARIES AND EXPENSES.—There is au13 thorized to be appropriated for salaries and expenses 

14 of carrying out subsection (c)(2) $10,000,000, to re15 main available until expended.’’. 

16 TITLE V—ASSISTANCE THROUGH 

17 DELTA REGIONAL AUTHORITY 

18 SEC. 501. DELTA REGIONAL AUTHORITY. 

19 (a) DISTRESSED COUNTIES AND AREAS, NONDIS20 TRESSED COUNTIES, AND DISASTER AREAS.—Section 

21 382F of the Consolidated Farm and Rural Development 

22 Act (7 U.S.C. 2009aa–5) is amended— 

23 (1) in the section heading, by striking ‘‘AND

24 NONDISTRESSED COUNTIES’’ and inserting ‘‘, 
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1 NONDISTRESSED COUNTIES, AND DISASTER

2 AREAS’’; 

3 (2) in subsection (a)— 

4 (A) in paragraph (2), by striking ‘‘and’’ at 

5 the end; 

6 (B) in paragraph (3), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(4) as a disaster area any county or parish 

10 within the jurisdiction of the Authority that is af11 fected by the declaration of a major disaster in ac12 cordance with section 401 of the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act (42 

14 U.S.C. 5170) in response to Hurricane Katrina.’’; 

15 (3) by redesignating subsection (d) as sub16 section (e); and 

17 (4) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) DISASTER AREAS.— 

20 ‘‘(1) DELTA REGIONAL AUTHORITY HURRICANE

21 KATRINA RELIEF FUND.— 

22 ‘‘(A) ESTABLISHMENT.—As soon as prac23 ticable after the date of enactment of this para24 graph, the Authority shall establish a fund, to 

25 remain separate from the general Treasury 
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1 fund of the Authority numbered 95X0750, to 

2 be known as the ‘Delta Regional Authority 

3 Hurricane Katrina Relief Fund’ (referred to in 

4 this subsection as the ‘Fund’). 

5 ‘‘(B) DEPOSITS.—The Authority shall de6 posit into the Fund any amounts made avail7 able under section 382M(b). 

8 ‘‘(C) USE OF FUNDS.— 

9 ‘‘(i) IN GENERAL.—Except as other10 wise provided in this subparagraph, the 

11 Authority shall allocate amounts in the 

12 Fund to programs and projects that are el13 igible to receive assistance under this Act 

14 in areas in the region that are affected by 

15 the declaration of a major disaster in ac16 cordance with section 401 of the Robert T. 

17 Stafford Disaster Relief and Emergency 

18 Assistance Act (42 U.S.C. 5170) in re19 sponse to Hurricane Katrina. 

20 ‘‘(ii) ADMINISTRATIVE EXPENSES.— 

21 The Authority shall use not more than 3 

22 percent of amounts made available under 

23 section 382M(b) to pay administrative ex24 penses of carrying out this subsection. 
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1 ‘‘(iii) INDIRECTLY AFFECTED

2 AREAS.—The Authority may make funds 

3 available to any area within the jurisdic4 tion of the Authority that is indirectly af5 fected by a major disaster or emergency, 

6 as determined by the Authority, including 

7 areas that provide housing, transportation, 

8 employment, and health care to individuals 

9 evacuated as a result of Hurricane 

10 Katrina. 

11 ‘‘(2) CONSULTATION.—In allocating funds 

12 under paragraph (1), the Authority shall coordinate 

13 with the Secretary of Agriculture, the Secretary of 

14 Commerce, the Director of the Federal Emergency 

15 Management Agency, the Secretary of Housing and 

16 Urban Development, the Secretary of the Treasury, 

17 the Administrator of the Small Business Administra18 tion, the Secretary of Energy, the Secretary of the 

19 Interior, the Secretary of Labor, the Secretary of 

20 Transportation, the Secretary of the Army, and the 

21 Administrator of the Environmental Protection 

22 Agency in order to— 

23 ‘‘(A) avoid duplication of efforts; and 
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1 ‘‘(B) ensure that projects are prioritized 

2 appropriately and funds are used effectively, as 

3 determined by the Authority. 

4 ‘‘(3) FUNDING LIMITATIONS.—No funding limi5 tation under this Act shall apply to a project under 

6 this subsection.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 382M of the Consolidated Farm and Rural Development 

9 Act (7 U.S.C. 2009aa–12) is amended— 

10 (1) in subsection (a), by striking 

11 ‘‘$30,000,000’’ and all that follows through the end 

12 of the subsection and inserting ‘‘, except section 

13 382F(d), $40,000,000 for each of fiscal years 2006 

14 and 2007, to remain available until expended.’’; 

15 (2) by redesignating subsection (b) as sub16 section (c); and 

17 (3) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) DISASTER AREAS.—There is authorized to be 

20 appropriated to the Delta Regional Authority Hurricane 

21 Katrina Relief Fund to carry out section 382F(d) 

22 $100,000,000 for each of fiscal years 2006 and 2007, to 

23 remain available until expended.’’. 
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1 TITLE VI—ENVIRONMENTAL 

2 REQUIREMENTS 

3 SEC. 601. ENVIRONMENTAL ASSESSMENT, CLEANUP, AND 

4 RIGHT-TO-KNOW REQUIREMENTS. 

5 (a) ASSESSMENT AND CLEANUP FUNDING FOR

6 SUPERFUND AND OTHER HAZARDOUS SITES.— 

7 (1) IN GENERAL.—The Administrator of the 

8 Environmental Protection Agency (referred to in 

9 this title as the ‘‘Administrator’’) shall use funds ap10 propriated under the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act (42 U.S.C. 

12 5121 et seq.) and funds provided to the Adminis13 trator in response to Hurricane Katrina for— 

14 (A) cleanup activities (including response 

15 actions in accordance with the Comprehensive 

16 Environmental Response, Compensation and Li17 ability Act of 1980 (42 U.S.C. 9601 et seq.) 

18 and corrective actions in accordance with the 

19 Solid Waste Disposal Act (42 U.S.C. 6901 et 

20 seq.)); 

21 (B) reconstruction and rehabilitation of 

22 drinking water supplies and wastewater treat23 ment plants; and 
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1 (C) addressing potential or actual threats 

2 to human health or the environment arising 

3 from or relating to Hurricane Katrina. 

4 (2) PRIORITY.— 

5 (A) IN GENERAL.—The Administrator 

6 shall prioritize cleanup activities to be con7 ducted under this subsection based on the risks 

8 posed by a particular area in which the activi9 ties are to be conducted to human health or the 

10 environment. 

11 (B) SOURCE OF FUNDS.—In carrying out 

12 this subsection, the Administrator shall use 

13 amounts appropriated under the Robert T. 

14 Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5121 et seq.) and amounts 

16 appropriated to the Administrator in response 

17 to Hurricane Katrina before using amounts 

18 made generally available to the Administrator. 

19 (3) APPLICABLE STANDARDS AND REQUIRE20 MENTS.—Any activity or evaluation carried out 

21 under this subsection shall be subject to the same 

22 standards and requirements (including requirements 

23 relating to the use of funds) as are applicable to pro24 grams carried out using funds of the Environmental 

25 Protection Agency. 
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1 (b) ASSESSMENT OF FACILITIES OF CONCERN AND

2 ENVIRONMENTAL MEDIA.— 

3 (1) DEFINITIONS.—In this subsection: 

4 (A) FACILITY OF CONCERN.—The term 

5 ‘‘facility of concern’’ means— 

6 (i) a chemical, petroleum, or other fa7 cility that is subject to the chemical acci8 dent prevention program under section 

9 112(r) of the Clean Air Act (42 U.S.C. 

10 7412(r)); 

11 (ii) a site on the National Priorities 

12 List developed by the President in accord13 ance with section 105(a)(8)(B) of the 

14 Comprehensive Environmental Response, 

15 Compensation, and Liability Act of 1980 

16 (42 U.S.C. 9605(a)(8)(B)) (including such 

17 a site for which corrective action is ordered 

18 under that Act); 

19 (iii) a site for which the Administrator 

20 or a State has ordered corrective action in 

21 accordance with section 3004(u) or 

22 3008(h) of the Solid Waste Disposal Act 

23 (42 U.S.C. 6924(u); 6428(h)); 

24 (iv) a hazardous waste generation, 

25 treatment, storage, or disposal facility sub-
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1 ject to regulation under subtitle C of the 

2 Solid Waste Disposal Act (42 U.S.C. 6921 

3 et seq.); 

4 (v) a surface impoundment; 

5 (vi) an aboveground storage tank; 

6 (vii) an underground storage tank (as 

7 defined in section 9001 of the Solid Waste 

8 Disposal Act (42 U.S.C. 6991)); and 

9 (viii) a railcar or tanker truck used to 

10 transport a hazardous constituent. 

11 (B) HAZARDOUS MATERIAL.— 

12 (i) IN GENERAL.—The term ‘‘haz13 ardous material’’ means— 

14 (I) a hazardous substance (as de15 fined in section 101 of the Com16 prehensive Environmental Response, 

17 Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9601)); 

19 (II) a petroleum-based substance; 

20 and 

21 (III) an industrial or commercial 

22 chemical. 

23 (ii) INCLUSIONS.—The term ‘‘haz24 ardous material’’ includes— 

25 (I) a petroleum-based product; 
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1 (II) a metal; 

2 (III) a volatile or semi-volatile or3 ganic compound; 

4 (IV) a pesticide; 

5 (V) an herbicide; 

6 (VI) a polychlorinated biphenyl; 

7 and 

8 (VII) any biological material in 

9 floodwater, surface water, sediment, 

10 or soil that may threaten human 

11 health or the environment. 

12 (C) RELEASE.—The term ‘‘release’’ has 

13 the meaning given the term in section 101 of 

14 the Comprehensive Environmental Response, 

15 Compensation, and Liability Act of 1980 (42 

16 U.S.C. 9601). 

17 (2) IDENTIFICATION AND ASSESSMENT.— 

18 (A) IN GENERAL.—Immediately after the 

19 date of enactment of this Act, the Adminis20 trator shall implement a comprehensive testing 

21 and monitoring plan to identify and assess lev22 els of any hazardous material affected by Hur23 ricane Katrina, including levels of hazardous 

24 material at facilities of concern. 
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1 (B) ASSESSMENTS.—Using data gathered 

2 pursuant to the testing and monitoring plan, 

3 the Administrator shall— 

4 (i) assess the short-term, ongoing, and 

5 long-term human health risks (including 

6 cancer and non-cancer health effects) from 

7 all routes of exposure associated with con8 taminant concentrations in floodwater, sur9 face water, sediment, and soil, including 

10 any contamination that may remain in that 

11 water, sediment, or soil (including Lake 

12 Pontchartrain and soil in areas affected by 

13 Hurricane Katrina); and 

14 (ii) include in the assessment under 

15 clause (i) a targeted analysis of risks to— 

16 (I) sensitive subpopulations (such 

17 as children, pregnant women, the el18 derly, and people with impaired im19 mune systems); and 

20 (II) low-income and minority 

21 communities. 

22 (3) PUBLIC AVAILABILITY OF PLAN, RESULTS, 

23 AND ASSESSMENTS.— 

24 (A) PLAN.—As soon as the plan described 

25 in paragraph (2) is prepared, but not later than 
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1 October 30, 2005, the Administrator shall make 

2 the plan available to— 

3 (i) the public; and 

4 (ii) the Chairman and Ranking Mem5 bers of the appropriate committees of Con6 gress. 

7 (B) SAMPLING RESULTS AND ASSESS8 MENTS.—The Administrator shall immediately 

9 make all sampling results and other analyses, 

10 and all assessments of risks to human health or 

11 the environment, completed or received under 

12 this subsection available to the public (including 

13 to evacuees, recovery workers, and emergency 

14 personnel) in a centralized, Internet-accessible, 

15 searchable database. 

16 (c) REPORT ON RELEASES THAT MAY THREATEN

17 HUMAN HEALTH AND THE ENVIRONMENT.— 

18 (1) IN GENERAL.—Not later than October 30, 

19 2005, the Administrator shall prepare an initial re20 port summarizing all known or threatened releases 

21 of hazardous materials into the environment arising 

22 out of or relating to Hurricane Katrina. 

23 (2) REQUIREMENTS OF REPORT.—The report 

24 shall contain an evaluation of— 
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1 (A) the extent and location of known re2 leases resulting from Hurricane Katrina; 

3 (B) any potential threats to public health 

4 or the environment posed by those releases; 

5 (C) any response actions undertaken in re6 sponse to those releases; 

7 (D) the cost of each such response action; 

8 and 

9 (E) comprehensive costs that will likely be 

10 incurred in conducting future assessment and 

11 cleanup actions relating to Hurricane Katrina. 

12 (3) PUBLIC AVAILABILITY AND PARTICIPA13 TION.—The Administrator shall— 

14 (A) make the report under this subsection 

15 available to— 

16 (i) the public; and 

17 (ii) the Chairman and Ranking Mem18 ber of each committee of Congress with 

19 oversight jurisdiction over the Environ20 mental Protection Agency; 

21 (B) update and disseminate the report 

22 every 30 days until the date on which the Ad23 ministrator determines that all releases result24 ing from Hurricane Katrina have been identi25 fied, assessed, and cleaned up; and 
28 

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1 (C) in preparing and updating the report, 

2 solicit information from facility employees, com3 munity members, and other knowledgeable indi4 viduals with respect to matters covered by the 

5 report. 

6 TITLE VII—CORPS OF 

7 ENGINEERS PROJECTS 

8 SEC. 701. RECOVERY RELATING TO CORPS OF ENGINEERS 

9 PROJECTS. 

10 (a) IN GENERAL.—In conducting repair and rehabili11 tation after Hurricane Katrina, the Secretary of the 

12 Army, acting through the Chief of Engineers (referred to 

13 in this title as the ‘‘Secretary’’), shall conduct a com14 prehensive assessment of Corps infrastructure in the re15 gion affected by Hurricane Katrina to determine whether 

16 opportunities exist for project modifications that may re17 duce future hurricane impacts or further other project 

18 purposes. 

19 (b) PROJECT MODIFICATIONS.—In evaluating oppor20 tunities for project modifications, the Secretary shall in21 clude— 

22 (1) a review of the use of natural buffers, such 

23 as wetlands or beaches, for hurricane protection; 

24 (2) a review of the potential use of voluntary 

25 buyouts to reduce the potential for loss of life and 
29 

•S 1836 IS

1 property resulting from a hurricane or other dis2 aster; and 

3 (3) an increased level of flood protection using 

4 the levee system in effect as of the date of enact5 ment of this Act. 

6 (c) REPORT.—The Secretary shall submit to the 

7 Task Force established under section 102 and appropriate 

8 State and local governments any redevelopment rec9 ommendations that would— 

10 (1) reduce hurricane and flooding impacts while 

11 maximizing opportunities for wetlands restoration; 

12 or 

13 (2) mitigate the effects of any required repairs 

14 or modifications on the coastal Louisiana ecosystem 

15 and any other affected area. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $1,000,000, to remain available until expended. 

19 SEC. 702. WETLANDS STUDY. 

20 (a) IN GENERAL.—The Administrator of the Envi21 ronmental Protection Agency shall enter into a contract 

22 with the National Academy of Sciences under which the 

23 National Academy of Sciences shall conduct a study of the 

24 effect or potential effect of wetlands on the intensity of 

25 Hurricane Katrina, including wind speed and storm surge. 
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•S 1836 IS

1 (b) INCLUSION.—The study under subsection (a) 

2 shall include an analysis of the plan of the Corps of Engi3 neers to restore coastal areas in the State of Louisiana, 

4 in accordance with the report of the Chief of Engineers 

5 for the Louisiana Coastal Area Ecosystem Restoration 

6 Project, dated January 31, 2005, to determine— 

7 (1) the effect of Hurricane Katrina on the via8 bility of the plan; and 

9 (2) whether the plan, if carried out, would re10 duce the effects of hurricanes on the Gulf Coast in 

11 the future. 

12 SEC. 703. PERMITS FOR ACTIVITIES IN COASTAL AREAS. 

13 Notwithstanding any other provision of law, in each 

14 instance in which the Secretary issues a permit under sec15 tion 404 of the Federal Water Pollution Control Act (33 

16 U.S.C. 1344) for, or otherwise authorizes the conduct in 

17 accordance with that section of, any activity in a coastal 

18 area that is at risk of being affected by a hurricane, the 

19 Secretary shall make a written determination that the pro20 posed activity will not, when considered individually or cu21 mulatively with other activities, exacerbate or cause an in22 creased risk of loss of life or other damage from flooding, 

23 storm surges, or any other hurricane-related event. 
31 

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1 TITLE VIII—NATIONAL LEVEE 

2 SAFETY PROGRAM 

3 SEC. 801. SHORT TITLE. 

4 This title may be cited as the ‘‘National Levee Safety 

5 Program Act of 2005’’. 

6 SEC. 802. DEFINITIONS. 

7 In this title: 

8 (1) BOARD.—The term ‘‘Board’’ means the Na9 tional Levee Safety Review Board established under 

10 section 806(a). 

11 (2) COMMITTEE.—The term ‘‘Committee’’ 

12 means the Interagency Committee on Levee Safety 

13 established under section 805(a). 

14 (3) LEVEE.—The term ‘‘levee’’ means an em15 bankment (including floodwalls)— 

16 (A) the primary purpose of which is to 

17 provide flood protection relating to seasonal 

18 high water and storm surges; and 

19 (B) that is subject to water loading for 

20 only a few days or weeks during a year. 

21 (4) FEDERAL AGENCY.—The term ‘‘Federal 

22 agency’’ means a Federal agency that designs, fi23 nances, constructs, owns, operates, maintains, or 

24 regulates the construction, operation, or mainte25 nance of a levee. 
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•S 1836 IS

1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Army, acting through the Chief 

3 of Engineers. 

4 (6) STATE.—The term ‘‘State’’ means— 

5 (A) a State; 

6 (B) the District of Columbia; 

7 (C) the Commonwealth of Puerto Rico; 

8 and 

9 (D) any other territory or possession of the 

10 United States. 

11 (7) STATE LEVEE SAFETY AGENCY.—The term 

12 ‘‘State levee safety agency’’ means the State agency 

13 that has regulatory authority over the safety of any 

14 non-Federal levee in a State. 

15 (8) UNITED STATES.—The term ‘‘United 

16 States’’, when used in a geographical sense, means 

17 all of the States. 

18 SEC. 803. INSPECTION OF LEVEES. 

19 (a) IN GENERAL.—The Secretary shall carry out a 

20 program under which, as soon as practicable after the date 

21 of enactment of this Act, and every 10 years thereafter, 

22 the Secretary shall inspect levees in the United States for 

23 the purpose of protecting human life and property. 
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•S 1836 IS

1 (b) LEVEES TO BE INSPECTED.—In carrying out the 

2 program under subsection (a), the Secretary shall inspect 

3 each levee in the United States, except— 

4 (1) any levee that has been inspected by a State 

5 levee safety agency during the 1-year period imme6 diately preceding the date of enactment of this Act, 

7 if the Governor of the State requests an exception; 

8 and 

9 (2) any levee that does not pose a threat to 

10 human life or property, as determined by the Sec11 retary. 

12 (c) STATE PARTICIPATION.—On request of a State 

13 levee safety agency, with respect to any levee the failure 

14 of which would affect the State, the head of a Federal 

15 agency shall— 

16 (1) provide information to the State levee safety 

17 agency relating to the construction, operation, or 

18 maintenance of the levee; and 

19 (2) allow an official of the State levee safety 

20 agency to participate in the inspection of the levee. 

21 (d) DETERMINATION.— 

22 (1) IN GENERAL.—For the purpose of deter23 mining whether a levee (including any water im24 pounded by a levee) constitutes a danger to human 

25 life or property, the Secretary shall take into consid-
34 

•S 1836 IS

1 eration the possibility that the levee may be endan2 gered by overtopping, seepage, settlement, erosion, 

3 sediment, cracking, earth movement, earthquakes, 

4 hurricanes, failure of bulkheads, flashboards, gates 

5 on conduits, or other conditions that exist or may 

6 occur in any area in the vicinity of the levee. 

7 (2) PREVIOUSLY-INSPECTED LEVEES.—For any 

8 levee with respect to which the Secretary made any 

9 determination regarding the safety of the levee be10 fore the date of the inspection of the levee under this 

11 section, the Secretary shall review the determination, 

12 taking into consideration information most recently 

13 available to the Secretary relating to— 

14 (A) the likelihood that a storm surge would 

15 exceed the designed level of protection of the 

16 levee; and 

17 (B) the effect of wetlands erosion, subsid18 ence, or any other natural process on the vul19 nerability of the area surrounding the levee to 

20 flooding or an extreme weather event. 

21 (e) REPORT.—As soon as practicable after the date 

22 on which a levee is inspected under this section, the Sec23 retary shall provide to the Governor of the State in which 

24 the levee is located a notice of the results of the inspection, 

25 including— 
35 

•S 1836 IS

1 (1) a description of any hazardous condition 

2 discovered during the inspection; 

3 (2) on request of the Governor, information re4 lating to any remedial measure necessary to mitigate 

5 or avoid a hazardous condition discovered during the 

6 inspection; and 

7 (3) a description of the results of any review 

8 conducted under subsection (d)(2) with respect to 

9 the levee, including— 

10 (A) any improvement required relating to 

11 the level of protection of the levee; and 

12 (B) recommendations regarding the main13 tenance or destruction of the levee, if any. 

14 (f) PRIORITY LIST.—Not later than February 1 of 

15 each year, the Secretary shall submit to Congress a pri16 ority list of flood control projects, taking into consider17 ation the results of any inspection under this section, in18 cluding— 

19 (1) the potential risk to human life or the envi20 ronment if a project is not carried out; 

21 (2) the benefits of protecting critical infrastruc22 ture and population centers; and 

23 (3) the implementation of Federal guidelines re24 lating to levee safety. 
36 

•S 1836 IS

1 SEC. 804. NATIONAL LEVEE INVENTORY. 

2 The Secretary shall maintain and periodically publish 

3 an inventory of levees in the United States, including the 

4 results of any levee inspection conducted under section 

5 803. 

6 SEC. 805. INTERAGENCY COMMITTEE ON LEVEE SAFETY. 

7 (a) ESTABLISHMENT.—There is established a com8 mittee, to be known as the ‘‘Interagency Committee on 

9 Levee Safety’’. 

10 (b) MEMBERSHIP.— 

11 (1) IN GENERAL.—The Committee shall be 

12 composed of 6 members, to be appointed by the Sec13 retary— 

14 (A) 1 of whom shall be a representative of 

15 the Department of Agriculture; 

16 (B) 1 of whom shall be a representative of 

17 the Department of the Interior; 

18 (C) 1 of whom shall be a representative of 

19 the Department of Labor; 

20 (D) 1 of whom shall be a representative of 

21 the Department of Defense; 

22 (E) 1 of whom shall be a representative of 

23 the Department of Energy; and 

24 (F) 1 of whom shall be a representative of 

25 the Federal Emergency Management Agency. 
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•S 1836 IS

1 (2) CHAIRPERSON.—The Secretary shall serve 

2 as chairperson of the Committee. 

3 (c) DUTIES.—The Committee shall support the es4 tablishment and maintenance of effective Federal pro5 grams, policies, and guidelines to enhance levee safety for 

6 the protection of human life and property through coordi7 nation and information exchange among Federal agencies 

8 concerning the implementation of Federal guidelines relat9 ing to levee safety. 

10 SEC. 806. NATIONAL LEVEE SAFETY REVIEW BOARD. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 an advisory board, to be known as the ‘‘National Levee 

13 Safety Review Board’’, to— 

14 (1) monitor the safety of levees in the United 

15 States; 

16 (2) monitor the implementation of this title by 

17 State levee safety agencies; and 

18 (3) advise the Secretary on policy relating to 

19 national levee safety. 

20 (b) MEMBERSHIP.— 

21 (1) VOTING MEMBERS.—The Board shall be 

22 composed of 11 voting members, to be appointed by 

23 the Secretary, who shall have expertise in levee safe24 ty, of whom— 
38 

•S 1836 IS

1 (A) 1 member shall represent the Depart2 ment of Agriculture; 

3 (B) 1 member shall represent the Depart4 ment of Defense; 

5 (C) 1 member shall represent the Depart6 ment of the Interior; 

7 (D) 1 member shall represent the Environ8 mental Protection Agency; 

9 (E) 1 member shall represent the Federal 

10 Emergency Management Agency; 

11 (F) 5 members shall represent State levee 

12 safety agencies; and 

13 (G) 1 member shall represent the private 

14 sector. 

15 (2) NONVOTING MEMBERS.—The Secretary, in 

16 consultation with the voting members of the Board, 

17 may invite to participate in meetings of the Board 

18 as a nonvoting member— 

19 (A) a representative of the National Lab20 oratories; 

21 (B) a representative of any Federal or 

22 State agency; or 

23 (C) a levee safety expert. 

24 (c) DUTIES.— 
39 

•S 1836 IS

1 (1) IN GENERAL.—The Board shall support the 

2 establishment and maintenance of effective pro3 grams, policies, and guidelines to enhance levee safe4 ty for the protection of human life and property 

5 throughout the United States. 

6 (2) COORDINATION AND INFORMATION EX7 CHANGE AMONG AGENCIES.—In carrying out para8 graph (1), the Board shall support coordination and 

9 information exchange among Federal agencies and 

10 State levee safety agencies that share common prob11 lems and responsibilities relating to levee safety, in12 cluding planning, design, construction, operation, 

13 emergency action planning, inspections, mainte14 nance, regulation or licensing, technical or financial 

15 assistance, research, and data management. 

16 (d) POWERS.— 

17 (1) INFORMATION FROM FEDERAL AGENCIES.— 

18 (A) IN GENERAL.—The Board may secure 

19 directly from a Federal agency such informa20 tion as the Board considers necessary to carry 

21 out this section. 

22 (B) PROVISION OF INFORMATION.—On re23 quest of the Board, the head of the Federal 

24 agency shall provide the information to the 

25 Board. 
40 

•S 1836 IS

1 (2) CONTRACTS.—The Board may enter into 

2 any contract the Board determines to be necessary 

3 to carry out a duty of the Board. 

4 (e) WORKING GROUPS.— 

5 (1) IN GENERAL.—The Secretary may establish 

6 working groups to assist the Board in carrying out 

7 this section. 

8 (2) MEMBERSHIP.—A working group under 

9 paragraph (1) shall be composed of— 

10 (A) members of the Board; and 

11 (B) any other individual, as the Secretary 

12 determines to be appropriate. 

13 (f) COMPENSATION OF MEMBERS.— 

14 (1) FEDERAL EMPLOYEES.—A member of the 

15 Board who is an officer or employee of the United 

16 States shall serve without compensation in addition 

17 to compensation received for the services of the 

18 member as an officer or employee of the United 

19 States. 

20 (2) OTHER MEMBERS.—A member of the Board 

21 who is not an officer or employee of the United 

22 States shall serve without compensation. 

23 (g) TRAVEL EXPENSES.— 

24 (1) REPRESENTATIVES OF FEDERAL AGEN25 CIES.—To the extent amounts are made available in 
41 

•S 1836 IS

1 advance in appropriations Acts, a member of the 

2 Board who represents a Federal agency shall be re3 imbursed with appropriations for travel expenses by 

4 the agency of the member, including per diem in lieu 

5 of subsistence, at rates authorized for an employee 

6 of an agency under subchapter I of chapter 57 of 

7 title 5, United States Code, while away from home 

8 or regular place of business of the member in the 

9 performance of services for the Board. 

10 (2) OTHER INDIVIDUALS.—To the extent 

11 amounts are made available in advance in appropria12 tions Acts, a member of the Board who represents 

13 a State levee safety agency, a member of the Board 

14 who represents the private sector, and a member of 

15 a working group created under subsection (e) shall 

16 be reimbursed for travel expenses by the Director of 

17 the Federal Emergency Management Agency, includ18 ing per diem in lieu of subsistence, at rates author19 ized for an employee of an agency under subchapter 

20 1 of chapter 57 of title 5, United States Code, while 

21 away from home or regular place of business of the 

22 member in performance of services for the Board. 

23 (h) APPLICABILITY OF FEDERAL ADVISORY COM24 MITTEE ACT.—The Federal Advisory Committee Act (5 

25 U.S.C. App.) shall not apply to the Board. 
42 

•S 1836 IS

1 SEC. 807. NATIONAL LEVEE SAFETY PROGRAM. 

2 (a) IN GENERAL.—The Secretary, in consultation 

3 with the Committee, the Board, and State levee safety 

4 agencies, shall establish and maintain a national levee 

5 safety program. 

6 (b) PURPOSES.—The purposes of the program under 

7 this section are— 

8 (1) to ensure that new and existing levees are 

9 safe through the development of technologically and 

10 economically feasible programs and procedures for 

11 hazard reduction relating to levees; 

12 (2) to encourage acceptable engineering policies 

13 and procedures to be used for levee site investiga14 tion, design, construction, operation and mainte15 nance, and emergency preparedness; 

16 (3) to encourage the establishment and imple17 mentation of effective levee safety programs in each 

18 State based on State standards; 

19 (4) to develop and support public education and 

20 awareness projects to increase public acceptance and 

21 support of State levee safety programs; 

22 (5) to develop technical assistance materials for 

23 Federal and State levee safety programs; 

24 (6) to develop methods of providing technical 

25 assistance relating to levee safety to non-Federal en26 tities; and 
43 

•S 1836 IS

1 (7) to develop technical assistance materials, 

2 seminars, and guidelines to improve the security of 

3 levees in the United States. 

4 (c) STRATEGIC PLAN.—In carrying out the program 

5 under this section, the Secretary shall prepare a strategic 

6 plan— 

7 (1) to establish goals, priorities, and target 

8 dates to improve the safety of levees in the United 

9 States; 

10 (2) to cooperate and coordinate with, and pro11 vide assistance to, State levee safety agencies, to the 

12 maximum extent practicable; 

13 (3) to share information among Federal agen14 cies, State and local governments, and private enti15 ties relating to levee safety; and 

16 (4) to provide information to the public relating 

17 to hazards associated with levee failures. 

18 (d) FEDERAL GUIDELINES.— 

19 (1) IN GENERAL.—In carrying out the program 

20 under this section, the Secretary shall establish Fed21 eral guidelines relating to levee safety. 

22 (2) INCORPORATION OF FEDERAL ACTIVI23 TIES.—The Federal guidelines under paragraph (1) 

24 shall incorporate, to the maximum extent prac25 ticable, any activity carried out by a Federal agency 
44 

•S 1836 IS

1 as of the date on which the guidelines are estab2 lished. 

3 (e) INCORPORATION OF EXISTING ACTIVITIES.—The 

4 program under this section shall incorporate, to the max5 imum extent practicable— 

6 (1) any activity carried out by a State or local 

7 government, or a private entity, relating to the con8 struction, operation, or maintenance of a levee; and 

9 (2) any activity carried out by a Federal agency 

10 to support an effort by a State levee safety agency 

11 to develop and implement an effective levee safety 

12 program. 

13 (f) GRANTS TO STATE LEVEE SAFETY AGENCIES.— 

14 (1) GRANT PROGRAM.—In carrying out the pro15 gram under this section, the Secretary shall provide 

16 grants to State levee safety agencies to assist States 

17 in establishing, maintaining, and improving levee 

18 safety programs. 

19 (2) APPLICATION.— 

20 (A) IN GENERAL.—To receive a grant 

21 under this subsection, a State levee safety agen22 cy shall submit to the Secretary an application 

23 in such time, in such manner, and containing 

24 such information as the Secretary may require. 
45 

•S 1836 IS

1 (B) INCLUSION.—An application under 

2 subparagraph (A) shall include an agreement 

3 between the State levee safety agency and the 

4 Secretary under which the State levee safety 

5 agency shall, in accordance with State law— 

6 (i) review and approve plans and spec7 ifications to construct, enlarge, modify, re8 move, or abandon a levee in the State; 

9 (ii) perform periodic inspections dur10 ing levee construction to ensure compliance 

11 with the approved plans and specifications; 

12 (iii) approve the construction of a 

13 levee in the State before the date on which 

14 the levee becomes operational; 

15 (iv) inspect, at least once every 5 

16 years, all levees and reservoirs in the State 

17 the failure of which would cause a signifi18 cant threat to human life or property to 

19 determine whether the levees and res20 ervoirs are safe; 

21 (v) establish a procedure for more de22 tailed and frequent safety inspections; 

23 (vi) perform any inspection under the 

24 supervision of a State-registered profes-
46 

•S 1836 IS

1 sional engineer with related experience in 

2 levee design and construction; 

3 (vii) issue notices, if necessary, to re4 quire owners of levees to perform necessary 

5 maintenance or remedial work, improve se6 curity, revise operating procedures, or take 

7 other actions, including breaching levees; 

8 (viii) provide funds to— 

9 (I) ensure timely repairs or other 

10 changes to, or removal of, a levee in 

11 order to protect human life and prop12 erty; and 

13 (II) if the owner of a levee does 

14 not take an action described in sub15 clause (I), take appropriate action as 

16 expeditiously as practicable; 

17 (ix) establish a system of emergency 

18 procedures and emergency response plans 

19 to be used if a levee fails or if the failure 

20 of a levee is imminent; 

21 (x) identify— 

22 (I) each levee the failure of which 

23 could be reasonably expected to en24 danger human life; 
47 

•S 1836 IS

1 (II) the maximum area that 

2 could be flooded if a levee failed; and 

3 (III) necessary public facilities 

4 that would be affected by the flooding; 

5 and 

6 (xi) for the period during which the 

7 grant is provided, maintain or exceed the 

8 aggregate expenditures of the State during 

9 the 2 fiscal years preceding the fiscal year 

10 during which the grant is provided to en11 sure levee safety. 

12 (3) DETERMINATION OF SECRETARY.— 

13 (A) IN GENERAL.—Not later than 120 

14 days after the date on which the Secretary re15 ceives an application under paragraph (2), the 

16 Secretary shall approve or disapprove the appli17 cation. 

18 (B) NOTICE OF DISAPPROVAL.—If the Sec19 retary disapproves an application under sub20 paragraph (A), the Secretary shall immediately 

21 provide to the State levee safety agency a writ22 ten notice of the disapproval, including a de23 scription of— 

24 (i) the reasons for the disapproval; 

25 and 
48 

•S 1836 IS

1 (ii) changes necessary for approval of 

2 the application, if any. 

3 (C) FAILURE TO DETERMINE.—If the Sec4 retary fails to make a determination by the 

5 deadline under subparagraph (A), the applica6 tion shall be considered to be approved. 

7 (4) REVIEW OF STATE LEVEE SAFETY PRO8 GRAMS.— 

9 (A) IN GENERAL.—The Secretary, in con10 junction with the Board, may periodically re11 view any project carried out using a grant 

12 under this subsection. 

13 (B) INADEQUATE PROJECTS.—If the Sec14 retary determines under a review under sub15 paragraph (A) that a project is inadequate to 

16 reasonably protect human life and property, the 

17 Secretary shall, until the Secretary determines 

18 the project to be adequate— 

19 (i) revoke the approval of the project; 

20 and 

21 (ii) withhold assistance under this 

22 subsection. 

23 (g) REPORT.—Not later than 90 days after the end 

24 of each odd-numbered fiscal year, the Secretary shall sub25 mit to Congress a report describing— 
49 

•S 1836 IS

1 (1) the status of the program under this sec2 tion; 

3 (2) the progress made by Federal agencies dur4 ing the 2 preceding fiscal years in implementing 

5 Federal guidelines for levee safety; 

6 (3) the progress made by State levee safety 

7 agencies participating in the program; and 

8 (4) recommendations for legislative or other ac9 tion that the Secretary considers to be necessary, if 

10 any. 

11 SEC. 808. RESEARCH PROGRAM. 

12 (a) IN GENERAL.—The Secretary, in cooperation 

13 with the Board, shall carry out a program of technical and 

14 archival research to develop and support— 

15 (1) improved techniques, historical experience, 

16 and equipment for rapid and effective levee construc17 tion, rehabilitation, and inspection; 

18 (2) the development of devices for the continued 

19 monitoring of levee safety; 

20 (3) the development and maintenance of infor21 mation resources systems required to manage levee 

22 safety projects; and 

23 (4) public policy initiatives and other improve24 ments relating to levee safety engineering, security, 

25 and management. 
50 

•S 1836 IS

1 (b) PARTICIPATION BY STATE LEVEE SAFETY AGEN2 CIES.—In carrying out the program under subsection (a), 

3 the Secretary shall— 

4 (1) solicit participation from State levee safety 

5 agencies; and 

6 (2) periodically update State levee safety agen7 cies and Congress of the status of the program. 

8 SEC. 809. LEVEE SAFETY TRAINING PROGRAM. 

9 The Secretary shall establish a program under which 

10 the Secretary shall provide training for State levee safety 

11 agency staff and inspectors to a State that has, or intends 

12 to develop, a State levee safety program, on request of 

13 the State. 

14 SEC. 810. EFFECT OF TITLE. 

15 Nothing in this title— 

16 (1) creates any Federal liability relating to the 

17 recovery of a levee caused by an action or failure to 

18 act; 

19 (2) relieves an owner or operator of a levee of 

20 any legal duty, obligation, or liability relating to the 

21 ownership or operation of the levee; or 

22 (3) preempts any applicable Federal or State 

23 law. 
51 

•S 1836 IS

1 SEC. 811. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary to carry out this title $10,000,000 for each of fiscal 

4 years 2006 through 2011, to remain available until ex5 pended. 

6 TITLE IX—EMERGENCY LEASE 

7 REQUIREMENTS 

8 SEC. 901. SHORT TITLE. 

9 This title may be cited as the ‘‘Emergency Water In10 frastructure Assistance Act of 2005’’. 

11 SEC. 902. EMERGENCY LEASES. 

12 Section 3307 of title 40, United States Code, is 

13 amended by striking subsection (e) and inserting the fol14 lowing: 

15 ‘‘(e) EMERGENCY LEASES BY THE ADMINIS16 TRATOR.— 

17 ‘‘(1) IN GENERAL.—Nothing in this section pre18 vents the Administrator from entering into an emer19 gency lease during a major disaster or other emer20 gency declared by— 

21 ‘‘(A) the President under section 401 of 

22 the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act (42 U.S.C. 5170); or 

24 ‘‘(B) the head of a Federal agency under 

25 applicable Federal law. 
52 

•S 1836 IS

1 ‘‘(2) LEASE TERM.—The term of an emergency 

2 lease under this subsection shall be not more than 

3 5 years, unless the prospectus of the lease is ap4 proved under subsection (a). 

5 ‘‘(3) REPORT.—Not later than April 1 of each 

6 year, the Administrator shall submit to the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on En9 vironment and Public Works of the Senate a report 

10 describing any emergency lease entered into under 

11 this subsection during the preceding fiscal year.’’. 

12 SEC. 903. EFFECTIVE DATE. 

13 This Act and the amendments made by this Act af14 fect only emergency leases entered into after August 1, 

15 2005. 

16 TITLE X—FUNDING 

17 SEC. 1001. FUNDING. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Except 

19 as otherwise provided in this Act, there are authorized to 

20 be appropriated such sums as are necessary to carry out 

21 this Act. 

22 (b) APPROPRIATION OF FUNDS.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, out of any funds in the Treasury 

25 not otherwise appropriated, the Secretary of the 
53 

•S 1836 IS

1 Treasury shall make available such sums as are nec2 essary to carry out this Act. 

3 (2) RECEIPT AND ACCEPTANCE.—Any appro4 priate Federal official shall be entitled to receive, 

5 shall accept, and shall use to carry out this Act the 

6 funds made available under paragraph (1), without 

7 further appropriation. 

8 (3) AVAILABILITY OF FUNDS.—Funds made 

9 available under paragraph (1) shall remain available 

10 until expended. 

11 (c) EMERGENCY DESIGNATION.—Funds made avail12 able to carry out this Act by the transfer of funds in or 

13 pursuant to this section are designated as an emergency 

14 requirement pursuant to section 402 of H. Con. Res. 95 

15 (109th Congress). 

16 TITLE XI—BUILDING 

17 HABITABILITY 

18 SEC. 1101. SHORT TITLE. 

19 This title may be cited as the ‘‘Habitability of Resi20 dential Homes, Schools, and Commercial Buildings Af21 fected by Hurricane Katrina Act of 2005’’. 

22 SEC. 1102. FINDINGS. 

23 Congress finds that— 

24 (1) Hurricane Katrina— 
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1 (A) caused significant loss of life, dis2 rupted the supply of power, natural gas, and 

3 water, and affected sewage treatment and road 

4 safety; 

5 (B) destroyed hundreds of thousands of 

6 residential homes, commercial buildings, and 

7 schools in the States of Louisiana, Mississippi, 

8 and Alabama; 

9 (C) caused an estimated 80 percent of resi10 dential structures in the city of New Orleans to 

11 sustain flood damage; 

12 (D) presented serious environmental health 

13 issues and threatened the public health through 

14 contamination by toxic chemicals, sewage, solid 

15 waste, debris, and gasoline; and 

16 (E) continues to contribute to the growth 

17 of mold in residential homes and other build18 ings in the States of Louisiana, Mississippi, and 

19 Alabama through excess moisture and standing 

20 water; 

21 (2) many residential homes, commercial build22 ings, and schools in those States contain mold, and 

23 have otherwise been exposed to environmental con24 tamination due to flooding, leaving the structures— 

25 (A) in a state of disrepair; and 
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1 (B) inhabitable and dangerous to the pub2 lic health; 

3 (3) molds have the potential to cause health 

4 problems by producing allergens, irritants, and in 

5 some cases, potentially toxic substances (myco6 toxins); 

7 (4) inhaling or touching mold or mold spores 

8 may cause immediate or delayed allergic reactions in 

9 sensitive individuals, including hay fever-type symp10 toms, such as sneezing, runny nose, red eyes, and 

11 skin rash; 

12 (5) molds can also cause asthma attacks in peo13 ple with asthma who are allergic to mold, and irri14 tate the eyes, skin, nose, throat, and lungs of mold15 allergic and nonallergic people; 

16 (6) some people, such as people with serious al17 lergies to molds, may have more severe reactions to 

18 mold, and people with chronic lung illnesses, such as 

19 obstructive lung disease, may develop mold infec20 tions in their lungs; and 

21 (7) the Federal Government should take a lead22 ership role in— 

23 (A) evaluating and inspecting residential 

24 homes, commercial buildings, and schools in the 

25 States of Louisiana, Mississippi, and Alabama 
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1 for the presence of environmental contaminants 

2 and mold; 

3 (B) cleaning up environmental contami4 nants and mold; and 

5 (C) certifying that the structures are safe 

6 for habitation. 

7 SEC. 1103. PURPOSES. 

8 The purposes of this title are— 

9 (1) to develop a program to inspect damaged 

10 residential homes, schools, and commercial buildings 

11 affected by Hurricane Katrina to— 

12 (A) determine the habitability of the struc13 tures; 

14 (B) determine the presence of environ15 mental contaminants and mold in the struc16 tures, including the extent of the contamina17 tion; and 

18 (C) certify the habitability of the struc19 tures; 

20 (2) to develop a training program to certify 

21 contractors to inspect and remediate the structures; 

22 (3) to develop a program to reduce and elimi23 nate the presence of environmental contaminants 

24 and mold in residential homes, commercial buildings, 

25 and schools through interim controls and abatement; 
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1 (4) to educate the public on the public health 

2 implications of toxic mold and the guidelines of the 

3 Environmental Protection Agency for remediating 

4 mold; and 

5 (5) to provide grants to assist eligible entities 

6 in carrying out paragraphs (1) through (4). 

7 SEC. 1104. DEFINITIONS. 

8 In this title: 

9 (1) ABATEMENT.— 

10 (A) IN GENERAL.—The term ‘‘abatement’’ 

11 means any measure, including a remediation 

12 measure, to permanently eliminate any adverse 

13 health effect of an environmental contaminant 

14 or mold, in accordance with Federal environ15 mental laws and guidelines. 

16 (B) INCLUSIONS.—The term ‘‘abatement’’ 

17 includes— 

18 (i) removal of environmental contami19 nants and replacement of surfaces con20 taining environmental contaminants; 

21 (ii) cleanup and disposal of surfaces 

22 containing environmental contaminants, in23 cluding postabatement clearance testing 

24 and sampling activities relating to the 

25 cleanup and disposal; 
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1 (iii) removal and permanent contain2 ment of mold and replacement of surfaces 

3 containing mold; 

4 (iv) remediation of the underlying 

5 causes of mold and water accumulation; 

6 (v) cleanup, drying, and disposal of 

7 surfaces containing mold, including 

8 postabatement clearance testing and sam9 pling activities relating to the cleanup and 

10 disposal; and 

11 (vi) development of a remediation 

12 plan, purchase of personal protective and 

13 containment equipment, the fixing of mois14 ture problems, reevaluation of measures in 

15 cases in which hidden mold is discovered, 

16 and selection of appropriate cleanup meth17 ods. 

18 (2) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency. 

21 (3) CERTIFIED CONTRACTOR.—The term ‘‘cer22 tified contractor’’ means a contractor, inspector, or 

23 supervisor that— 
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1 (A)(i) has completed an accredited training 

2 program, as determined by the Administrator; 

3 and 

4 (ii) has met any other requirement for cer5 tification established by the Administrator; or 

6 (B) has been certified by a State under a 

7 program that is at least as rigorous as an ac8 credited training program under subparagraph 

9 (A)(i), as determined by the Administrator. 

10 (4) COMMERCIAL BUILDING.—The term ‘‘com11 mercial building’’ means a structure that is operated 

12 for business purposes, including structures operated 

13 by for-profit and nonprofit entities. 

14 (5) ENVIRONMENTAL CONTAMINANT.—The 

15 term ‘‘environmental contaminant’’ means— 

16 (A) any hazardous substance regulated 

17 under the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9601 et seq.); and 

20 (B) any solid waste regulated under the 

21 Solid Waste Disposal Act (42 U.S.C. 6901 et 

22 seq.). 

23 (6) GUIDELINES.—The term ‘‘guidelines’’ 

24 means any guidance provided under the Environ25 mental Protection Agency documents entitled ‘‘Mold 
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1 Remediation in Schools and Commercial Buildings’’ 

2 and ‘‘A brief guide to mold, moisture, and your 

3 home’’. 

4 (7) INSPECTION.—The term ‘‘inspection’’ 

5 means a surface-by-surface investigation of the inte6 rior and exterior of a residential home, commercial 

7 building, or school to determine the habitability of 

8 the structure for adults (including pregnant women) 

9 and children, taking into consideration the presence 

10 of any environmental contaminant or mold, including 

11 activities relating to— 

12 (A) information gathering regarding the 

13 age and history of the structure; 

14 (B) visual inspection; 

15 (C) any environmental sampling technique; 

16 (D) assessment of the presence of an envi17 ronmental contaminant or mold; 

18 (E) identification of the source of the con19 tamination or cause of a water or moisture 

20 problem; and 

21 (F) any other appropriate activity, as de22 termined by the Administrator. 

23 (8) INTERIM CONTROL.—The term ‘‘interim 

24 control’’ means any measure designed to temporarily 

25 reduce human exposure or likely human exposure to 
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1 an environmental contaminant or mold, such as spe2 cialized cleaning measures, repairs, maintenance, 

3 painting, temporary containment, and continued 

4 monitoring of a potential or existing environmental 

5 hazard. 

6 (9) MOLD.—The term ‘‘mold’’ means any form 

7 of multicellular fungus that lives on plant or animal 

8 matter, or in an indoor environment, such as 

9 Caldosporium, Penicillium, Alternaria, Aspergillus, 

10 Fuarium, Trichoderma, Memnoniella, Mucor, and 

11 Stachybotrys chartarum. 

12 (10) RESIDENTIAL HOME.—The term ‘‘residen13 tial home’’ means— 

14 (A) a single-family dwelling, including any 

15 attached structure used as a porch or stoop; 

16 and 

17 (B) a single-family dwelling contained in a 

18 structure that includes more than 1 dwelling 

19 unit, in which each dwelling unit is intended to 

20 be occupied as a residence by 1 or more per21 sons. 

22 (11) SCHOOL.— 

23 (A) IN GENERAL.—The term ‘‘school’’ 

24 means any facility used for educational pur25 poses. 
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1 (B) INCLUSION.—The term ‘‘school’’ in2 cludes a day care center. 

3 SEC. 1105. ABATEMENT AND INSPECTION GRANTS. 

4 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec5 tion, the term ‘‘eligible entity’’ means— 

6 (1) any State, local, or tribal government agen7 cy (including a parish agency) located in the State 

8 of Louisiana, Alabama, or Mississippi that is af9 fected by Hurricane Katrina; and 

10 (2) any administrative agency of a school lo11 cated in the State of Louisiana, Alabama, or Mis12 sissippi that is affected by Hurricane Katrina. 

13 (b) ESTABLISHMENT.—The Administrator shall es14 tablish a program under which the Administrator shall 

15 provide grants to eligible entities to pay the Federal share 

16 of the cost of abatement and inspection activities for resi17 dential homes, commercial buildings, and schools in the 

18 area served by the eligible entity, in accordance with this 

19 section. 

20 (c) APPLICATIONS.—To receive a grant under this 

21 section, an eligible entity shall submit to the Adminis22 trator an application in such time, in such manner, and 

23 containing such information as the Administrator may re24 quire. 
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1 (d) SELECTION CRITERIA.—The Administrator shall 

2 provide grants under this section to eligible entities on the 

3 basis of the merit of an activity proposed to be carried 

4 out by the eligible entity, taking into consideration— 

5 (1) the severity and extent of the presence of 

6 environmental contaminants or mold in the area 

7 served by an eligible entity; 

8 (2) the ability of an eligible entity to carry out 

9 an activity proposed by the eligible entity; and 

10 (3) any other factor that the Administrator de11 termines to be appropriate to carry out the purposes 

12 of this title. 

13 (e) USE OF FUNDS.—An eligible entity that receives 

14 a grant under this section shall use amounts made avail15 able for activities relating to residential homes, commer16 cial buildings, and schools in the area served by the eligible 

17 entity to— 

18 (1) conduct inspections; 

19 (2) provide for interim control of environmental 

20 contaminants and mold; 

21 (3) provide for abatement of environmental con22 taminants and mold; 

23 (4) ensure that inspections and sampling activi24 ties are carried out by certified contractors; 
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1 (5) monitor the health of workers involved in 

2 abatement and inspection under this section; 

3 (6) monitor the health of certified contractors 

4 involved in inspections under this section; 

5 (7) inform the public with respect to the nature 

6 and causes of mold, measures to reduce exposure to 

7 mold, and measures to remediate mold; and 

8 (8) test or sample air and surfaces for environ9 mental contaminants or mold, including by— 

10 (A) purchasing equipment to measure 

11 moisture levels in building materials, humidity 

12 gauges and meters, and air conditioning filters; 

13 and 

14 (B) designing mold sampling protocols. 

15 SEC. 1106. THRESHOLD LIMIT VALUES. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this Act, the Administrator shall pro18 mulgate regulations establishing threshold limitation val19 ues for airborne concentrations of mold and mold spores 

20 in indoor environments to protect the public health. 

21 (b) FACTORS FOR CONSIDERATION.—In promul22 gating regulations pursuant to subsection (a), the Admin23 istrator shall take into consideration the adverse health 

24 effects of exposure to mold and mold spores, including spe25 cific effects of the exposure on— 
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1 (1) pregnant women; 

2 (2) children; 

3 (3) elderly individuals; 

4 (4) asthmatic individuals; 

5 (5) allergic individuals; 

6 (6) individuals with compromised immune sys7 tems; and 

8 (7) any other subgroup of individuals the health 

9 of which would be at greater risk if exposed to mold 

10 or mold spores, as determined by the Administrator. 

11 SEC. 1107. GUIDANCE FOR EVALUATION AND ABATEMENT 

12 OF MOLD. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Administrator, in consultation with the 

15 Secretary of Health and Human Services acting through 

16 the Director of the Centers for Disease Control, shall issue 

17 guidance with respect to adults (including pregnant 

18 women) and children for any activity carried out or fund19 ed, in whole or in part, by the Federal Government relat20 ing to inspection, interim controls, activities for the abate21 ment or remediation of mold, and sampling. 

22 SEC. 1108. CONTRACTOR TRAINING AND CERTIFICATION. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of enactment of this Act, the Administrator shall pro25 mulgate regulations relating to the abatement, inspection, 
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1 reduction, and remediation of mold to ensure that certified 

2 contractors are properly trained to carry out those activi3 ties, including establishing standards for the accreditation 

4 of training programs for contractors, supervisors, inspec5 tors, and other workers. 

6 (b) INCLUSIONS.—In promulgating regulations pur7 suant to subsection (a), the Administrator shall require 

8 that any mold inspection, abatement, or reduction activity 

9 carried out or funded, in whole or in part, by the Federal 

10 Government shall be conducted by a certified contractor. 

11 SEC. 1109. TREATMENT. 

12 Any individual or entity that fails to comply with a 

13 requirement of this title shall be subject to an appropriate 

14 civil penalty, as determined by the Administrator. 

15 SEC. 1110. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this title. 

18 TITLE XII—COMMUTER 

19 ASSISTANCE PROGRAMS 

20 SEC. 1201. COMMUTER ASSISTANCE PROGRAMS. 

21 Title IV of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act is amended by inserting after 

23 section 408 (42 U.S.C. 5174) the following: 
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1 ‘‘SEC. 409. COMMUTER ASSISTANCE PROGRAMS. 

2 ‘‘(a) DEFINITION OF COMMUTER ASSISTANCE PRO3 GRAM.—In this section, the term ‘commuter assistance 

4 program’ means any program relating to— 

5 ‘‘(1) public transportation, including commuter 

6 trains and rapid transit by bus; 

7 ‘‘(2) ridesharing, such as carpooling or van8 pooling; or 

9 ‘‘(3) other kinds of transportation demand-side 

10 management. 

11 ‘‘(b) REIMBURSEMENT FOR ESTABLISHMENT OF

12 COMMUTER ASSISTANCE PROGRAMS.—Any State or local 

13 governmental entity that, in conjunction with the Adminis14 trator of the Environmental Protection Agency and the 

15 Secretary of Transportation, establishes and implements 

16 a commuter assistance program to improve worker access 

17 to assist in the rapid recovery of communities in response 

18 to a major disaster or emergency declared under this Act 

19 shall be eligible to receive reimbursement under this Act 

20 for the cost of the commuter assistance program. 

21 ‘‘(c) TECHNICAL SUPPORT.—The Administrator of 

22 the Environmental Protection Agency, in consultation 

23 with the Secretary of Transportation and the heads of 

24 other Federal agencies, shall use the Best Workplaces for 

25 Commuters Program of the Environmental Protection 

26 Agency to facilitate the development and implementation 
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1 of commuter assistance programs to improve worker ac2 cess to communities covered by a declaration of a major 

3 disaster under section 401.’’. 

Æ