II 

109TH CONGRESS 

1ST SESSION S. 2172 

To provide for response to Hurricane Katrina by establishing a Louisiana 

Recovery Corporation, providing for housing and community rebuilding, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2005 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To provide for response to Hurricane Katrina by establishing 

a Louisiana Recovery Corporation, providing for housing 

and community rebuilding, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Hurricane Katrina Re5 sponse Act’’. 
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1 TITLE I—LOUISIANA RECOVERY 

2 CORPORATION 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Louisiana Recovery 

5 Corporation Act’’. 

6 SEC. 102. ESTABLISHMENT OF CORPORATION. 

7 (a) IN GENERAL.—There is hereby established the 

8 Louisiana Recovery Corporation (hereafter in this title re9 ferred to as the ‘‘Corporation’’). 

10 (b) STATUS OF CORPORATION.—The Corporation 

11 shall be an independent establishment in the executive 

12 branch and shall be deemed to be an agency of the United 

13 States for purposes of subchapter II of chapter 5 and 

14 chapter 7 of title 5, United States Code. 

15 (c) PRINCIPAL OFFICE.—The principal office of the 

16 Corporation shall be located in the State of Louisiana, but 

17 there may be established agencies or branch offices in the 

18 District of Columbia and in any municipality or parish in 

19 Louisiana to the extent provided for in the by-laws of the 

20 Corporation. 

21 (d) CORPORATE DIVISIONS.— 

22 (1) IN GENERAL.—At a minimum, the Corpora23 tion shall establish and maintain separate divisions 

24 for the following subjects: 
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1 (A) Environment and Land Use Manage2 ment. 

3 (B) Economic Development. 

4 (C) Property Acquisition. 

5 (D) Property Management. 

6 (E) Property Disposition. 

7 (F) Urban Homesteading and Community 

8 and Faith-Based Organizations. 

9 (2) MANAGEMENT OF DIVISIONS.—Management 

10 of each division shall be vested in an executive vice 

11 president who shall be appointed by the Board of 

12 Directors. 

13 (e) PROPERTY OWNERS’ RIGHTS AND PROTEC14 TIONS.— 

15 (1) NO AUTHORITY TO EXERCISE EMINENT DO16 MAIN.—The Corporation shall have no authority to 

17 acquire interests in property by eminent domain. 

18 (2) NO COERCION OF PROPERTY OWNERS.— 

19 Any contract entered into between a property owner 

20 and the Corporation shall not be enforceable if such 

21 property owner was subject to undue coercion on the 

22 part of the Corporation. 

23 (3) PROPERTY OWNER’S RIGHT TO ‘‘OPT

24 OUT’’.—No provision of this title shall be construed 

25 as denying any property owner the right to opt out 
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1 of any dealings with the Corporation, subject to the 

2 terms of any contract or agreement previously en3 tered into. 

4 (4) LOCAL INVITATION.—Notwithstanding any 

5 other provision of this title, the Corporation may 

6 take no action in any municipality or parish unless 

7 the local government of such municipality or parish 

8 has adopted a resolution of invitation for the Cor9 poration’s assistance. 

10 SEC. 103. MANAGEMENT. 

11 (a) BOARD OF DIRECTORS.— 

12 (1) IN GENERAL.—The management of the 

13 Corporation shall be vested in a Board of Directors 

14 consisting of 7 individuals appointed by the Presi15 dent as follows from among individuals who are citi16 zens of the United States and who, by virtue of their 

17 education, training or experience in environmental 

18 land reclamation, economic development, housing de19 velopment, land use, or urban planning, are espe20 cially qualified to serve on the Board of Directors. 

21 (2) NOMINATIONS BY GOVERNOR OF LOU22 ISIANA.—3 of the members of the Board of Direc23 tors shall be appointed under paragraph (1) from 

24 among individuals who are nominated for appoint25 ment by the Governor of Louisiana. 
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1 (3) POLITICAL AFFILIATION.—Not more than 4 

2 of the members of the Board of Directors may be 

3 members of the same political party. 

4 (4) QUORUM.—4 members of the Board of Di5 rectors shall constitute a quorum but a lesser num6 ber may hold hearings. 

7 (b) CHAIRPERSON AND VICE CHAIRPERSON.— 

8 (1) CHAIRPERSON.—1 of the 4 members of the 

9 Board of Directors who were not nominated by the 

10 Governor of Louisiana shall be designated by the 

11 President, by and with the advice and consent of the 

12 Senate, to serve as Chairperson of the Board of Di13 rectors and the chief executive officer of the Cor14 poration. 

15 (2) VICE CHAIRPERSON.—1 of the 3 members 

16 of the Board of Directors who were nominated by 

17 the Governor of Louisiana shall be designated by the 

18 President to serve as Vice Chairperson of the Board 

19 of Directors. 

20 (3) ACTING CHAIRPERSON.—In the event of a 

21 vacancy in the position of Chairperson of the Board 

22 of Directors or during the absence or disability of 

23 the Chairperson, the Vice Chairperson shall act as 

24 Chairperson and the chief executive officer of the 

25 Corporation. 
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1 (c) TERMS.— 

2 (1) IN GENERAL.—Each member of the Board 

3 of Directors shall be appointed to a term of 5 years. 

4 (2) STAGGERED TERMS.—Of the members first 

5 appointed to the Board of Directors after the date 

6 of the enactment of this Act— 

7 (A) 2 shall be appointed for a term of 5 

8 years (1 of whom shall be the member des9 ignated as the Chairperson); 

10 (B) the 3 members who were nominated by 

11 the Governor of Louisiana shall be appointed 

12 for a term of 3 years; and 

13 (C) 2 shall be appointed for a term of 2 

14 years. 

15 (3) INTERIM APPOINTMENTS.—Any member ap16 pointed to fill a vacancy occurring before the expira17 tion of the term for which such member’s prede18 cessor was appointed shall be appointed only for the 

19 remainder of such term. 

20 (4) CONTINUATION OF SERVICE.—The Chair21 person, Vice Chairperson, and each appointed mem22 ber may continue to serve after the expiration of the 

23 term of office to which such member was appointed 

24 until a successor has been appointed and qualified. 
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1 (5) REMOVAL FOR CAUSE.—The Chairperson, 

2 Vice Chairperson, and any appointed member may 

3 be removed by the President for cause. 

4 (6) FULL-TIME SERVICE.—The members of the 

5 Board of Directors shall serve on a full-time basis. 

6 (d) VACANCY.—Any vacancy on the Board of Direc7 tors shall be filled in the manner in which the original 

8 appointment was made. 

9 (e) INELIGIBILITY FOR OTHER OFFICES.— 

10 (1) OTHER GOVERNMENT POSITIONS.—No per11 son may serve as a member of the Board of Direc12 tors while holding any position as an officer or em13 ployee of the Federal Government, any State govern14 ment, or any political subdivision of any State. 

15 (2) RESTRICTION DURING SERVICE.—No mem16 ber of the Board of Directors may— 

17 (A) be an officer or director of any insured 

18 depository institution, insured credit union, de19 pository institution holding company, Federal 

20 reserve bank, Federal home loan bank, invest21 ment bank, mortgage bank, real estate develop22 ment company, realtor, or any other entity 

23 which enters into any contract with the Cor24 poration; or 
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1 (B) hold stock in any insured depository 

2 institution, depository institution holding com3 pany, investment bank, mortgage bank, real es4 tate development company, realtor, or any other 

5 entity which enters into any contract with the 

6 Corporation. 

7 (3) CERTIFICATION.—Upon taking office, each 

8 member of the Board of Directors shall certify under 

9 oath that such member has complied with this sub10 section and such certification shall be filed with the 

11 secretary of the Board of Directors. 

12 (f) CLARIFICATION OF NONLIABILITY.— 

13 (1) IN GENERAL.—A director, member, officer, 

14 or employee of the Corporation has no liability under 

15 the Securities Act of 1933 with respect to any claim 

16 arising out of or resulting from any act or omission 

17 by such person within the scope of such person’s em18 ployment in connection with any transaction involv19 ing the acquisition or disposition of assets (or any 

20 interests in any assets or any obligations backed by 

21 any assets) by the Corporation. This subsection shall 

22 not be construed to limit personal liability for crimi23 nal acts or omissions, willful or malicious mis24 conduct, acts or omissions for private gain, or any 
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1 other acts or omissions outside the scope of such 

2 person’s employment. 

3 (2) EFFECT ON OTHER LAW.—This subsection 

4 shall not be construed as— 

5 (A) affecting— 

6 (i) any other immunities and protec7 tions that may be available to person to 

8 whom paragraph (1) applies under applica9 ble law with respect to such transactions, 

10 or 

11 (ii) any other right or remedy against 

12 the Corporation, against the United States 

13 under applicable law, or against any per14 son other than a person described in para15 graph (1) participating in such trans16 actions; or 

17 (B) limiting or altering in any way the im18 munities that are available under applicable law 

19 for Federal officials and employees not de20 scribed in this subsection. 

21 (g) LOCAL DEVELOPMENT PLANS; A COMMUNITY22 BASED COLLABORATIVE APPROACH.— 

23 (1) ESTABLISHMENT OF LOCAL ADVISORY

24 COUNCIL.— 

25 (A) IN GENERAL.— 
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1 (i) PARISHES AND LARGER MUNICI2 PALITIES.—Not later than 30 days after 

3 the date of the adoption of a resolution of 

4 invitation described in section 102(e)(4), 

5 any parish (or any municipality of over 

6 25,000 people) in the affected area may 

7 designate an entity to serve in an advisory 

8 capacity to the Corporation. 

9 (ii) OTHER PARISHES AND MUNICI10 PALITIES.—For any parish or municipality 

11 that does not designate an advisory entity 

12 under clause (i), the Corporation shall pro13 vide for the establishment of a local advi14 sory council in each parish of the State of 

15 Louisiana in which the Corporation oper16 ates. 

17 (B) MEMBERSHIP.—Each local advisory 

18 council shall consist of such local elected offi19 cials (including municipal officials), community 

20 groups (such as homeowners and community 

21 associations), and other interested, qualified, 

22 groups as the Corporation may determine to be 

23 appropriate. 

24 (C) CONSULTATION.—The Corporation 

25 shall consult with each local advisory council 
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1 concerning all actions and projects of the Cor2 poration that affect any portion of the parish 

3 for which such council is appointed. The Cor4 poration shall also ensure that its consultations 

5 involve a broad range of local officials and com6 munity groups, including those that are not 

7 part of the formal advisory council. The Cor8 poration shall hold public meetings, periodically 

9 and in advance of major decisions, in the af10 fected parishes to receive input from the af11 fected communities. 

12 (2) LOCAL DEVELOPMENT PLANS.—In exe13 cuting the redevelopment mandate under this title, 

14 the Corporation— 

15 (A) shall take into account and comply 

16 with any redevelopment plan established by 

17 State and local government officials; and 

18 (B) may only solicit bids for such redevel19 opment that are based on and comply with a 

20 plan developed by local governments, if such a 

21 plan exists. 

22 (h) APPEARANCES BEFORE THE CONGRESS.—The 

23 Chairperson of the Board of Directors shall appear before 

24 the Committee on Financial Services of the House of Rep25 resentatives annually regarding all aspects of the oper-
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1 ation and financing of the Corporation, together with such 

2 other members of the Board of Directors as the Com3 mittee may require. 

4 SEC. 104. CAPITALIZATION OF THE CORPORATION. 

5 (a) IN GENERAL.—The Corporation shall have cap6 ital stock subscribed to by the United States Government 

7 in such amount as the President may determine to be ap8 propriate. 

9 (b) CERTIFICATES.—Certificates evidencing shares of 

10 nonvoting capital stock of the Corporation shall be issued 

11 by the Corporation to the President of the United States, 

12 or to such other person or persons as the President may 

13 designate from time to time, to the extent of payments 

14 made for the capital stock of the Corporation. 

15 (c) PUBLIC DEBT TRANSACTION.—For the purpose 

16 of purchasing shares of capital stock of the Corporation, 

17 the Secretary of the Treasury may use as a public-debt 

18 transaction the proceeds of any securities issued under 

19 chapter 31 of title 31, United States Code. 

20 (d) REPORTS.— 

21 (1) IN GENERAL.—The Board of Directors shall 

22 submit to the Director of the Office of Management 

23 and Budget and to the Secretary of the Treasury 

24 quarterly reports and an annual report on the ex25 penses of the Corporation during the period covered 
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1 by the report, the financial condition of the Corpora2 tion as of the end of such period, the results of the 

3 Corporation’s operations during such period, and the 

4 progress made during such period in fulfilling the 

5 mission and purposes of the Corporation, together 

6 with a copy of the Corporation’s financial operating 

7 plans and forecasts for the annual or quarterly pe8 riod (as the case may be) succeeding the period cov9 ered by the report. 

10 (2) PUBLIC AVAILABILITY.—Each report sub11 mitted to the Director of the Office of Management 

12 and Budget and to the Secretary of the Treasury 

13 under paragraph (1) shall be made available to the 

14 public. 

15 (e) TERMINATION OF AUTHORITY TO ISSUE

16 STOCK.—No shares of capital stock of the Corporation 

17 may be issued after the end of the 10-year period begin18 ning on the date of the enactment of this Act. 

19 (f) REVENUE USED TO RETIRE STOCK.—Any net 

20 revenue of the Corporation in excess of amounts required 

21 to meet on-going expenses and investments shall be paid 

22 to the Secretary of the Treasury to redeem the capital 

23 stock of the Corporation and shall be deposited in the gen24 eral fund of the Treasury. 
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—Of any 

2 amounts previously appropriated for ‘‘Disaster Relief’’ 

3 under the Emergency Preparedness and Response account 

4 of the Department of Homeland Security that remain 

5 available, $100,000,000 shall be available, subject to ap6 proval in advance in appropriation Acts, to the Corpora7 tion for fiscal year 2006 as start-up funding for the Cor8 poration. 

9 (h) LIMITATION ON CAPITAL STOCK OF CORPORA10 TION.—At no time may the capital stock issued by the 

11 Corporation exceed $30,000,000,000. 

12 SEC. 105. MISSION, PURPOSE, AND DUTIES OF THE COR13 PORATION. 

14 (a) MISSION.—The primary mission and purpose of 

15 the Corporation shall be the economic stabilization and re16 development of areas within Louisiana that were dev17 astated or significantly distressed by Hurricane Katrina 

18 or Hurricane Rita. 

19 (b) ECONOMIC STABILIZATION.—In executing its eco20 nomic stabilization mandate, the Corporation shall, after 

21 consultation with State and local officials and pursuant 

22 to agreement that eligible properties are not likely to be 

23 redeveloped without Corporation assistance, locate and ac24 quire real property (commercial and residential) in such 

25 a manner and subject to such conditions that the rights 
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1 of property owners and occupants under this title have 

2 been provided, and such that, upon the consummation of 

3 any acquisition of real property securing a mortgage 

4 loan— 

5 (1) the mortgagee’s debt shall be considered 

6 paid in full by the mortgagor; and 

7 (2) all title and interest in the real property se8 curing such mortgage loan passes to the Corpora9 tion. 

10 (c) REDEVELOPMENT.—In executing its redevelop11 ment mandate, the Corporation shall, after consultation 

12 with State and local officials, carry out the following ac13 tivities: 

14 (1) Package for sale acquired real property in 

15 substantial tracts of land. 

16 (2) Make improvements to such tracts of land 

17 so as to make the land suitable for sale and develop18 ment, including such basic improvements as the fol19 lowing: 

20 (A) Construction and reconstruction of 

21 neighborhood roads. 

22 (B) Repair or replacement of water and 

23 wastewater infrastructure. 

24 (C) Similar activities necessary to maxi25 mize the return on acquired real property. 
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1 (3) Through a competitive bidding process, dis2 pose of such acquired properties in a profitable man3 ner. 

4 (4) In consultation with State and local offi5 cials, provide for the protection and preservation of 

6 historical and other sites of cultural significance in 

7 such a manner that promotes local heritage and in8 terest. 

9 (5) Utilize state of the art community design 

10 techniques and planning that maximize community 

11 involvement, minimize commute times, and give ap12 propriate consideration to green space and the nat13 ural environment. 

14 (6) Seek to ensure equitable treatment among 

15 communities and areas. 

16 (d) OFFICE OF INTERNAL AUDIT.— 

17 (1) ESTABLISHMENT.—The Board of Directors 

18 shall establish an audit committee, to be known as 

19 the Office of Internal Audit. 

20 (2) REPORTS.—The Office of Internal Audit 

21 shall report to the Board of Directors no less than 

22 4 times a year on the Office’s reviews of the activi23 ties, contracts, and financial statements of the Cor24 poration. 
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1 (3) EMPLOYEES.—The Office of Internal Audit 

2 shall set the compensation and benefits for the em3 ployees of the Office. 

4 (4) RELATIONSHIP TO INSPECTOR GENERAL.— 

5 Notwithstanding any provision of the Inspector Gen6 eral Act of 1978, the Board of Directors shall pro7 vide for the Inspector General to report to the Office 

8 of Internal Audit and to the Board of Directors. 

9 (e) INSPECTOR GENERAL.—For purposes of the In10 spector General Act of 1978— 

11 (1) the Board of Directors shall be treated as 

12 the head of the establishment; and 

13 (2) the Corporation shall be treated as the es14 tablishment. 

15 SEC. 106. PROPERTY ACQUISITION AUTHORITY AND METH16 ODOLOGY. 

17 (a) IN GENERAL.—Pursuant to section 105(b), the 

18 Corporation shall negotiate to acquire title to real property 

19 and compensate any property owner, mortgagee or pri20 mary lien holder with an interest in such real property. 

21 (b) PURCHASE OFFER FOR REAL PROPERTY SE22 CURED BY A LIEN.—The Corporation shall take into con23 sideration the following in constructing offers of com24 pensation for the acquisition of real property secured by 

25 a lien: 
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1 (1) The Corporation’s expenses to improve the 

2 property for sale and development. 

3 (2) The Corporation’s anticipated return upon 

4 the property’s disposition. 

5 (3) The remaining principle balance of any out6 standing mortgage. 

7 (4) In accordance with subsection (h), the eq8 uity position of the owner in the property imme9 diately before the area in which such property is lo10 cated was devastated or significantly distressed by 

11 Hurricane Katrina or Hurricane Rita and the appro12 priate loss share factor for such property (as deter13 mined under subsection (g)(2)). 

14 (5) Any potential net loss to the Corporation, 

15 and indirectly to the taxpayers, upon final disposi16 tion of the property. 

17 (c) PURCHASE FROM OWNER.—The Corporation 

18 shall take into consideration the following in constructing 

19 offers of compensation for any real property where no lien 

20 secures such real property: 

21 (1) The Corporation’s expenses to improve the 

22 property for sale and development. 

23 (2) The Corporation’s anticipated return upon 

24 the property’s disposition. 
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1 (3) In accordance with subsection (h), the eq2 uity position of the owner in the property imme3 diately before the area in which such property is lo4 cated was devastated or significantly distressed by 

5 Hurricane Katrina or Hurricane Rita and the appro6 priate loss share factor for such property (as deter7 mined under subsection (g)(2)). 

8 (4) Any potential net loss to the Corporation, 

9 and indirectly to the taxpayers, upon final disposi10 tion of the property. 

11 (d) RIGHT OF FIRST REFUSAL AND OPTION TO RE12 PURCHASE REAL PROPERTY.— 

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

14 the Corporation shall ensure that any entity awarded 

15 a contract under section 107 shall grant a right of 

16 first refusal and option to obtain an interest in real 

17 property of comparable size and location in redevel18 oped areas to any party previously holding title. 

19 (2) GUIDELINES FOR EXERCISE.— 

20 (A) IN GENERAL.—The Corporation 

21 shall— 

22 (i) ensure that the right of first re23 fusal and option to obtain an interest in 

24 real property that are granted pursuant to 
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1 paragraph (1) are granted before the real 

2 property is listed for public sale; and 

3 (ii) shall establish guidelines to pro4 vide that any party receiving the option to 

5 obtain an interest in real property is given 

6 adequate time to consider and exercise 

7 such option. 

8 (B) MAXIMUM PRICE.—In no case shall 

9 the Corporation extend the right of first refusal 

10 to the property owner for more than 25 percent 

11 of the Corporation’s original purchase price, 

12 plus the Corporation’s transactional and im13 provement costs. 

14 (e) RIGHT TO RETAIN AN INTEREST IN REAL PROP15 ERTY.— 

16 (1) PROPERTY OWNER OR MORTGAGEE RIGHT

17 TO RETAIN INTEREST.—The Corporation shall offer 

18 any property owner or mortgagee an option to retain 

19 an interest in real property of comparable size and 

20 location, subject to the following conditions: 

21 (A) The Corporation shall pay no com22 pensation to the property owner or mortgagee. 

23 (B) The property owner or mortgagee shall 

24 compensate the Corporation for expenses to im25 prove the property for sale and development 
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1 when such property owner or mortgagee obtains 

2 construction financing for development of the 

3 property. 

4 (2) REQUIREMENT TO DEVELOP PROPERTY.— 

5 Any property owner or mortgagee exercising a right 

6 to retain interest in a property shall— 

7 (A) obtain construction financing within 

8 90 days of notification by the Corporation that 

9 the area in which the property owner or mort10 gagee retains an interest is available for devel11 opment; and 

12 (B) complete construction of a replacement 

13 residential or commercial structure, as applica14 ble, within 2 years of a notification pursuant to 

15 subparagraph (A). 

16 (3) CONTRACT TERMS AND ENFORCEMENT.— 

17 (A) CONTRACT REQUIRED.—In any case in 

18 which a property owner or mortgagee exercises 

19 a right to retain interest in a property, the 

20 rights and responsibilities of the Corporation 

21 and the property owner or mortgagee shall be 

22 fully detailed in a contract. 

23 (B) TERMS TO BE INCLUDED.—Among 

24 such other terms as may be agreed upon by the 
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1 parties, any contract described in subparagraph 

2 (A) shall include the following provisions: 

3 (i) A mechanism that allows the Cor4 poration to take control of the property for 

5 a set price and to receive compensation for 

6 any expenses incurred by the Corporation 

7 if a breach of contract by the property 

8 owner or mortgagee occurs. 

9 (ii) A requirement that— 

10 (I) the property owner or mort11 gagee reimburse the Corporation for 

12 such owner’s or mortgagee’s pro rata 

13 share of the costs associated with 

14 making the property suitable for de15 velopment; and 

16 (II) such reimbursement be made 

17 within 90 days of the property owner 

18 or mortgagee having been notified by 

19 a developer that the property is now 

20 available for redevelopment. 

21 (iii) A requirement that the develop22 ment of the property be completed by the 

23 property owner or mortgagee within at 

24 least 2 years from the time such owner or 

25 mortgagee is notified by the developer that 
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1 the property is now available for redevelop2 ment. 

3 (iv) A mitigation notice and review 

4 procedure that meets the requirement of 

5 subparagraph (C). 

6 (C) MITIGATION NOTICE AND REVIEW PRO7 CEDURE.— 

8 (i) NOTICE.—If the Corporation cer9 tifies in writing that a property owner or 

10 mortgagee has failed to comply with the 

11 requirements of paragraph (2), the Cor12 poration shall provide an opportunity for 

13 such owner or mortgagee to inform the 

14 Corporation of mitigating circumstances to 

15 provide a justification for such failure. 

16 (ii) REVIEW AND RELIEF.—The Cor17 poration may modify the terms of the con18 tract to provide relief for the property 

19 owner or mortgagee if the Corporation, in 

20 the sole discretion of the Corporation and 

21 after review of the mitigating cir22 cumstances provided under clause (i) de23 termines that such relief is warranted. 

24 (4) OBLIGATION OF SUBSEQUENT OWNERS

25 UPON SALE BY OWNER.—If a property owner enters 
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1 into a contract with the Corporation under this sub2 section with respect to an interest of such owner in 

3 property and subsequently alienates or disposes of 

4 such interest, or any portion of such interest, in 

5 property, any continuing obligation of the property 

6 owner under the contract runs with the interest in 

7 property to the successor owner or holder of such in8 terest or portion of an interest in the property. 

9 (f) CALCULATION OF EXPENSES AND POTENTIAL

10 NET LOSS.— 

11 (1) DETERMINATION OF EXPENSES.—In deter12 mining the Corporation’s expenses for the purposes 

13 or making purchase offers under subsection (b) or 

14 (c) or seeking reimbursement from a property owner 

15 under subsection (d), the Corporation shall not seek 

16 to recover costs for which it has been reimbursed 

17 from other sources. 

18 (2) DETERMINATION OF POTENTIAL LOSS.—In 

19 determining the potential net loss to the Corporation 

20 under subsections (b)(5) and (c)(4), the Corporation 

21 shall seek to provide equitable treatment of property 

22 owners without regard to the specific property or 

23 area or the level of interest in redevelopment that 

24 property or area. 

25 (g) ARBITRATION.— 
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1 (1) IN GENERAL.—If a property owner has any 

2 dispute with regard to the amount and terms of an 

3 offer for the property of such owner by the Corpora4 tion or the valuation of the property, an arbitration 

5 process established in accordance with paragraph (2) 

6 may be invoked by the property owner. 

7 (2) ARBITRATION PROCESS.—The arbitration 

8 process established under this subsection shall pro9 vide for— 

10 (A) the selection of a neutral arbitrator se11 lected by both parties from among individual 

12 appraisers who, by virtue of their education, 

13 training, and experience, are specially qualified 

14 with regard to arbitration and appraisals of 

15 Louisiana real estate values prior to August 28, 

16 2005; 

17 (B) the use by the arbitrator of the same 

18 criteria as the Corporation under this title; and 

19 (C) the payment of the costs of the process 

20 by the Corporation. 

21 (3) CORPORATION.—For a period of 60 days 

22 after the determination of the arbitrator, the Cor23 poration shall honor the terms of the determination 

24 of the arbitrator. 
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1 (4) PROPERTY OWNER.—The property owner 

2 may reject the offer of the Corporation and the de3 termination of the arbitrator, without penalty, at 

4 any time before a binding contract is entered into. 

5 (h) LIMITATIONS ON PAYMENT; PROHIBITION

6 AGAINST WINDFALL; LOSS SHARING.— 

7 (1) IN GENERAL.—In constructing and extend8 ing offers to acquire real property, or any mortgage 

9 on such property, under this section, the Corpora10 tion shall ensure that— 

11 (A) in no case may the cumulative pay12 ment by the Corporation to any individual for 

13 the purposes of acquiring real property exceed 

14 $750,000, or a maximum of $1,500,000 for real 

15 property that is zoned for commercial use; 

16 (B) in no case may any person be the ben17 eficiary of a windfall gain as a result of any 

18 purchase offer extended by the Corporation; 

19 (C) in no case may the cumulative pay20 ment by the Corporation to any individual be 

21 less than 80 percent of the individual’s equity 

22 as established pursuant to subsection (i); 

23 (D) in no case may the cumulative pay24 ment by the Corporation to any lien holder on 
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1 any individual lien exceed 60 percent of the 

2 value of that lien; and 

3 (E) in no case may the Corporation make 

4 offers for the purchase of foreclosed property. 

5 (2) LOSS SHARING.—In order to limit the losses 

6 and expenses of the Corporation and any potential 

7 cost to the taxpayers, any offer made by the Cor8 poration under this section to any property owner or 

9 mortgagee with respect to any interest in property 

10 or any mortgage shall include an appropriate reduc11 tion such that an equitable and negotiable portion of 

12 any loss with respect to such property or mortgage 

13 is shared by the owner and any mortgagee. 

14 (i) FACTORS TO BE CONSIDERED IN DETERMINING

15 EQUITY POSITION OF THE OWNER.—In making any de16 termination concerning the equity position of an owner of 

17 property immediately before the area in which such prop18 erty is located was devastated or significantly distressed 

19 by Hurricane Katrina or Hurricane Rita for purposes of 

20 subsections (b) and (c), the Corporation shall consider all 

21 of the following: 

22 (1) A pre-event appraisal in a verifiable loan 

23 record held by a federally insured depository institu24 tion, federally insured credit union, or housing-re25 lated Government-sponsored enterprise. 
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1 (2) The pre-event assessed value on record by 

2 a unit of local government that serves as the basis 

3 for determining property taxes. 

4 (3) The pre-event fair market value as would be 

5 determined under existing federal hazard mitigation 

6 programs as authorized under the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act 

8 and the National Flood Insurance Act (such as the 

9 Hazard Mitigation Program, Pre-Disaster Mitigation 

10 Program, and the Flood Mitigation Assistance Pro11 gram). 

12 (4) Any other evidence of pre-event valuation 

13 that the Corporation finds is sufficiently reliable and 

14 subject to adequate verification, including methods 

15 of valuation considered to be commercially reason16 able and broadly used in real estate dealings. 

17 (j) PROPERTY OWNER’S RIGHT TO RECEIVE INFOR18 MATION.—A property owner who receives an offer from 

19 the Corporation shall at the time of that offer also receive 

20 a disclosure statement showing the analysis undertaken by 

21 the Corporation under subsection (b) or (c). 

22 SEC. 107. ASSET DISPOSITION AUTHORITY AND METHOD23 OLOGY. 

24 (a) DISPOSITION OF PROPERTY.—Pursuant to sec25 tion 105(c), the Corporation shall dispose of property 
29 

•S 2172 IS

1 through a competitive bidding process under which pur2 chasers are selected based on an ability to meet select cri3 teria established by the Corporation, which shall include 

4 the following: 

5 (1) Capacity to oversee major development 

6 projects through a community-based collaborative 

7 process. 

8 (2) Commitment of private capital. 

9 (3) Effective deployment of Federal National 

10 Mortgage Association, Federal Home Loan Mort11 gage Corporation, Federal home loan bank, and 

12 other Federal or State resources (such as low-income 

13 housing tax credits, new markets tax credits, the 

14 HOPE VI program, enterprise zones, and the His15 torically Underutilized Business Zones or section 

16 8(a) Programs of the Small Business Administra17 tion) to ensure construction of affordable housing. 

18 (4) Use of private contractors and subcontrac19 tors. 

20 (5) Use of local corporations and local employ21 ees. 

22 (6) Use of small, disadvantaged business enter23 prise contractors or subcontractors. 

24 (7) Scale of development and job creation. 

25 (8) Increased homeownership. 
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•S 2172 IS

1 (b) URBAN HOMESTEAD PROGRAM.—The Corpora2 tion shall assist in the implementation of an urban home3 stead program by providing the following: 

4 (1) Land to the Federal Government for devel5 opment as urban homesteads. 

6 (2) Down payment assistance and other seed 

7 money to enable homestead construction. 

8 (3) Coordination with not-for-profit and faith9 based organizations in the construction and develop10 ment of urban homesteads. 

11 (c) OTHER DISPOSITION.—The Corporation shall en12 sure that acquired property not made available for an 

13 urban homestead shall be disposed of in a manner that 

14 maximizes the return on the sale of acquired property to 

15 retire debt attributable to the Corporation, subject to the 

16 requirement that in each jurisdiction in which the Cor17 poration operates, the Corporation’s disposition of prop18 erty substantially maintains the number of affordable 

19 housing units available before Hurricanes Rita and 

20 Katrina. 

21 (d) ACCOUNTING REQUIREMENTS.— 

22 (1) ACCOUNTING FOR HOLDING AND MANAGING

23 ASSETS AND LIABILITIES.—The Corporation shall 

24 keep a full and complete accounting of all costs and 

25 expenses associated with the holding and manage-
31 

•S 2172 IS

1 ment of any asset or liability acquired by the Cor2 poration in carrying out the duties of the Corpora3 tion under this title. 

4 (2) ACCOUNTING FOR DISPOSITION OF ASSETS

5 AND LIABILITIES.—The Corporation shall keep a full 

6 and complete accounting of all expenses and receipts 

7 associated with the disposition of any asset or liabil8 ity acquired by the Corporation in carrying out the 

9 duties of the Corporation under this title. 

10 (e) UTILIZATION OF PRIVATE SECTOR.—In carrying 

11 out its responsibilities in the management and disposition 

12 of assets under this title, the Corporation shall utilize the 

13 services of private persons, including real estate and loan 

14 portfolio asset management, property management, auc15 tion marketing, legal, and brokerage services, only if such 

16 services are available in the private sector and the Cor17 poration determines utilization of such services is the most 

18 practicable, efficient, and cost effective. 

19 SEC. 108. POWERS OF THE CORPORATION. 

20 (a) POWERS.—The Corporation shall be a body cor21 porate that shall have the power to— 

22 (1) adopt, alter, and use a corporate seal; 

23 (2) provide for such other officers and employ24 ees as may be necessary to perform the functions of 

25 the Corporation, define their duties, and require sur-
32 

•S 2172 IS

1 ety bonds or make other provisions against losses oc2 casioned by acts of such persons; 

3 (3) fix the compensation and number of, and 

4 appoint, employees for any position established by 

5 the Corporation, without regard to the provisions of 

6 chapter 51 or subchapter III of chapter 53 of title 

7 5; 

8 (4) sue and be sued, and complain and defend, 

9 by and through its own attorneys, in any court of 

10 law or equity, State or Federal; 

11 (5) with the consent of any executive agency, 

12 department, or independent agency utilize the infor13 mation, services, staff, and facilities of such depart14 ment or agency, on a reimbursable (or other) basis, 

15 in carrying out this section; 

16 (6) prescribe, by the Board of Directors, bylaws 

17 that are consistent with law to provide for— 

18 (A) the management and operational struc19 ture of the Corporation, subject to sections 

20 102(d) and 103; 

21 (B) the manner in which general oper22 ations are to be conducted; and 

23 (C) such other matters as the Board of Di24 rectors determines to be appropriate; 
33 

•S 2172 IS

1 (7) enter into contracts and modify or consent 

2 to the modification of any contract or agreement; 

3 (8) use the United States mails in the same 

4 manner and subject to the same conditions as other 

5 departments or agencies of the United States; and 

6 (9) exercise, by the Board of Directors, or duly 

7 authorized officers or agents, any and all powers es8 tablished under this section and such incidental pow9 ers as are necessary to carry out the powers, duties, 

10 and functions of the Corporation and the Board of 

11 Directors under this title. 

12 (b) TERMINATION OF CONTRACT FOR CAUSE.—In 

13 the case of any service contract between the Corporation 

14 and any other person, the Corporation may terminate such 

15 contract for cause, whether by reason of breach of con16 tract, violation of regulations or guidelines of the Corpora17 tion, or otherwise, or bar any such person from entering 

18 into any other contract, after notice and an opportunity 

19 for an agency hearing on the record. 

20 (c) HEARINGS AND SESSIONS.— 

21 (1) IN GENERAL.—The Corporation may, for 

22 the purposes of carrying out this title, hold hearings, 

23 sit and act at times and places, take testimony, and 

24 receive evidence as the Corporation determines to be 

25 appropriate. 
34 

•S 2172 IS

1 (2) SUMMONS.—In the course of or in connec2 tion with any proceeding under this title or in con3 nection with any claim, the Corporation, or any des4 ignated representative of the Corporation, including 

5 any person designated to conduct any hearing under 

6 this section, shall have the power to administer 

7 oaths and affirmations, to take or cause to be taken 

8 depositions, and to issue, revoke, quash, or modify 

9 subpenas and subpenas duces tecum; and the Cor10 poration is empowered to make rules and regulations 

11 with respect to any such proceedings, claims, exami12 nations, or investigations. 

13 (3) ADMINISTRATIVE ASPECTS OF SUMMONS.— 

14 (A) PRODUCTION AT DESIGNATED SITE.— 

15 A summons issued pursuant to this section may 

16 require that books, papers, records, or other 

17 data stored or maintained at any place be pro18 duced at any designated location in any State 

19 or in any territory or other place subject to the 

20 jurisdiction of the United States not more than 

21 500 miles distant from any place where the per22 son resides or operates or conducts business in 

23 the United States. 

24 (B) FEES AND TRAVEL EXPENSES.—Per25 sons summoned under this section shall be paid 
35 

•S 2172 IS

1 the same fees and mileage for travel in the 

2 United States that are paid witnesses in the 

3 courts of the United States. 

4 (C) NO LIABILITY FOR EXPENSES.—The 

5 United States shall not be liable for any ex6 pense, other than an expense described in sub7 paragraph (B), incurred in connection with the 

8 production of books, papers, records, or other 

9 data under this section. 

10 (D) SERVICE OF SUMMONS.—Service of a 

11 summons issued under this subsection may be 

12 by registered mail or in such other manner cal13 culated to give actual notice as the Corporation 

14 may prescribe by regulation. 

15 (4) CONTUMACY OR REFUSAL.— 

16 (A) IN GENERAL.—In case of contumacy 

17 by a person issued a summons under this sub18 section or a refusal by such person to obey such 

19 summons, the Corporation may invoke the aid 

20 of any court of the United States within the ju21 risdiction of which— 

22 (i) the investigation which gave rise to 

23 the summons is being or has been carried 

24 on; 
36 

•S 2172 IS

1 (ii) the person summoned is an inhab2 itant; or 

3 (iii) the person summoned carries on 

4 business or may be found, to compel com5 pliance with the summons. 

6 (B) COURT ORDER.—The court may issue 

7 an order requiring the person summoned to ap8 pear before the Corporation or a delegate of the 

9 Corporation to produce books, papers, records, 

10 and other data, to give testimony as may be 

11 necessary to explain how such material was 

12 compiled and maintained, and to pay the costs 

13 of the proceeding. 

14 (C) FAILURE TO COMPLY WITH ORDER.— 

15 Any failure to obey the order of the court may 

16 be punished by the court as a contempt thereof. 

17 (D) SERVICE OF PROCESS.—All process in 

18 any case under this paragraph may be served in 

19 any judicial district in which such person may 

20 be found. 

21 (d) AGENCY AUTHORITY.— 

22 (1) STATUS.—The Corporation, in any capacity, 

23 shall be an agency of the United States for purposes 

24 of section 1345 of title 28 without regard to whether 

25 the Corporation commenced the action. 
37 

•S 2172 IS

1 (2) FEDERAL COURT JURISDICTION.— 

2 (A) IN GENERAL.—All suits of a civil na3 ture at common law or in equity to which the 

4 Corporation, in any capacity, is a party shall be 

5 deemed to arise under the laws of the United 

6 States. 

7 (B) REMOVAL.—The Corporation may, 

8 without bond or security, remove any action, 

9 suit, or proceeding from a State court to the 

10 appropriate United States district court before 

11 the end of the 90-day period beginning on the 

12 date the action, suit, or proceeding is filed 

13 against the Corporation or the Corporation is 

14 substituted as a party. 

15 (C) APPEAL OF REMAND.—The Corpora16 tion may appeal any order of remand entered 

17 by any United States district court. 

18 (3) SERVICE OF PROCESS.—The Board of Di19 rectors shall designate agents upon whom service of 

20 process may be made in Louisiana and the District 

21 of Columbia. 

22 (4) BONDS OR FEES.—The Corporation shall 

23 not be required to post any bond to pursue any ap24 peal and shall not be subject to payments of any fil-
38 

•S 2172 IS

1 ing fees in United States district courts or courts of 

2 appeal. 

3 SEC. 109. TERMINATION OF CORPORATION. 

4 (a) IN GENERAL.—The Corporation shall terminate 

5 at the end of the 10-year period beginning on the date 

6 of the enactment of this Act. 

7 (b) WINDING UP THE AFFAIRS OF THE CORPORA8 TION.—Any right, title, interest, or obligation of the Cor9 poration with respect to liabilities or assets of the Cor10 poration which have not been fully disposed of by the end 

11 of the 10-year period referred to in paragraph (1) shall 

12 transfer, as of the end of such period, to the Director of 

13 the Office of Management and Budget who shall promptly 

14 wind up the affairs of the Corporation and dispose of such 

15 assets and liabilities. 

16 TITLE II—HOUSING AND 

17 COMMUNITY REBUILDING 

18 SEC. 201. PUBLIC HOUSING CAPITAL FUND RESERVES FOR 

19 EMERGENCIES AND NATURAL DISASTERS. 

20 (a) AVAILABILITY OF FUNDS SET-ASIDE IN PRE21 VIOUS YEARS.—Notwithstanding any other provision of 

22 law, any amounts set aside in fiscal years 2003, 2004, and 

23 2005 for use under section 9(k) of the United States 

24 Housing Act of 1937 (42 U.S.C. 1437g(k)) and remaining 

25 unobligated on the date of the enactment of this Act shall 
39 

•S 2172 IS

1 be available for use under such section (not including 

2 paragraph (4) of such section) for emergencies and other 

3 disasters occurring in fiscal year 2005, and shall remain 

4 available until expended. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Of any 

6 amounts previously appropriated for ‘‘Disaster Relief’’ 

7 under the Emergency Preparedness and Response account 

8 of the Department of Homeland Security that remain 

9 available, $100,000,000 shall be available, subject to ap10 proval in advance in appropriation Acts, to the Secretary 

11 of Housing and Urban Development for use under section 

12 9(k) of the United States Housing Act of 1937 (42 U.S.C. 

13 1437g(k)), and shall remain available until expended. Any 

14 amounts made available pursuant to this subsection funds 

15 shall be used only for activities conducted in any area for 

16 which the President declared a major disaster or emer17 gency under title IV of the Robert T. Stafford Disaster 

18 Relief and Emergency Assistance Act in connection with 

19 Hurricane Katrina. 

20 SEC. 202. HOPE VI PROGRAM. 

21 Of any amounts previously appropriated for ‘‘Dis22 aster Relief’’ under the Emergency Preparedness and Re23 sponse account of the Department of Homeland Security 

24 that remain available, $100,000,000 shall be available, 

25 subject to approval in advance in appropriation Acts, to 
40 

•S 2172 IS

1 the Secretary of Housing and Urban Development for 

2 grants to public housing agencies for demolition, site revi3 talization, replacement housing, and tenant-based assist4 ance grants to projects, as authorized under section 24 

5 of the United States Housing Act of 1937 (42 U.S.C. 

6 1437v), and shall remain available until expended. Any 

7 amounts made available pursuant to this section shall be 

8 used only for such activities conducted in any area for 

9 which the President declared a major disaster or emer10 gency under title IV of the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act in connection with 

12 Hurricane Katrina. 

13 SEC. 203. HOME INVESTMENT PARTNERSHIPS PROGRAM. 

14 Of any amounts previously appropriated for ‘‘Dis15 aster Relief’’ under the Emergency Preparedness and Re16 sponse account of the Department of Homeland Security 

17 that remain available, $1,500,000,000 shall be available, 

18 subject to approval in advance in appropriation Acts, to 

19 the Secretary of Housing and Urban Development to carry 

20 out the HOME Investment Partnership Program, as au21 thorized under title II of the Cranston-Gonzalez National 

22 Affordable Housing Act (42 U.S.C. 12721 et seq.), and 

23 shall remain available until expended. Any amounts made 

24 available pursuant to this section shall be used only for 

25 affordable housing activities conducted in any area for 
41 

•S 2172 IS

1 which the President declared a major disaster or emer2 gency under title IV of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act in connection with 

4 Hurricane Katrina. 

5 SEC. 204. COMMUNITY DEVELOPMENT BLOCK GRANT AS6 SISTANCE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Of any 

8 amounts previously appropriated for ‘‘Disaster Relief’’ 

9 under the Emergency Preparedness and Response account 

10 of the Department of Homeland Security that remain 

11 available, $13,000,000,000 shall be available, subject to 

12 approval in advance in appropriation Acts, to the Sec13 retary of Housing and Urban Development for activities 

14 authorized under title I of the Housing and Community 

15 Development Act of 1974 (42 U.S.C. 5301 et seq.), 

16 $13,000,000,000, and shall remain available until ex17 pended. 

18 (b) USE.— 

19 (1) IN GENERAL.—Any amounts made available 

20 pursuant to this section shall be used only for dis21 aster relief, long-term recovery, and mitigation in 

22 communities in any area for which the President de23 clared a major disaster or emergency under title IV 

24 of the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act in connection with Hurricane 
42 

•S 2172 IS

1 Katrina, except those activities reimbursable by the 

2 Federal Emergency Management Agency or avail3 able through the Small Business Administration. 

4 (2) PROJECTS IN PROGRESS.—In the case of 

5 any project or activity in an area described in para6 graph (1) that was underway before the Presidential 

7 declaration with respect to such area, the project or 

8 activity may not be provided any amounts made 

9 available under this section unless the disaster or 

10 emergency for which such declaration was made di11 rectly impacted the project. 

12 (3) COORDINATION WITH LOUISIANA RECOVERY

13 CORPORATION.—The State of Louisiana shall, in 

14 making amounts available pursuant to this section, 

15 coordinate with the Louisiana Recovery Corporation, 

16 and may provide for the Corporation to assume the 

17 responsibilities of administering a portion of the 

18 grants provided under this section. 

19 (4) COORDINATION WITH REPAIR AND RE20 PLACEMENT OF PUBLIC HOUSING.—In making 

21 amounts available under this section, each State 

22 shall take into account the public infrastructure 

23 needs of areas in which public housing units are lo24 cated which are being repaired or rebuilt. 
43 

•S 2172 IS

1 (c) ALLOCATION.—Any amounts made available pur2 suant to this section shall be awarded by the Secretary 

3 of Housing and Urban Development (in this section re4 ferred to as the ‘‘Secretary’’) to States (including Indian 

5 tribes for all purposes under this section) to be adminis6 tered by each State in conjunction with its community de7 velopment block grants program. Notwithstanding para8 graph (2) of section 106(d) of the Housing and Commu9 nity Development Act of 1974, States may provide assist10 ance with amounts made available under this section to 

11 entitlement communities. 

12 (d) WAIVER.— 

13 (1) AUTHORITY.—In administering any 

14 amounts made available under this section, the Sec15 retary may waive, or specify alternative require16 ments for, any provision of any statute or regulation 

17 that the Secretary administers in connection with 

18 the obligation by the Secretary or the use by the re19 cipient of such amounts (except for requirements re20 lated to fair housing, nondiscrimination, labor stand21 ards, and the environment), upon a finding that 

22 such waiver is required to facilitate the use of such 

23 amounts, and would not be inconsistent with the 

24 overall purpose of the statute. The Secretary may 

25 waive the requirements that activities benefit per-
44 

•S 2172 IS

1 sons of low and moderate income, except that at 

2 least 50 percent of the amounts made available 

3 under this section shall benefit primarily persons of 

4 low and moderate income unless the Secretary 

5 makes a finding of compelling need. 

6 (2) PUBLICATION.—The Secretary shall publish 

7 in the Federal Register any waiver of any statute or 

8 regulation authorized under this subsection no later 

9 than 5 days before the effective date of such waiver. 

10 SEC. 205. EMERGENCY RENTAL ASSISTANCE VOUCHERS. 

11 (a) IN GENERAL.—Of any amounts previously appro12 priated for ‘‘Disaster Relief’’ under the Emergency Pre13 paredness and Response account of the Department of 

14 Homeland Security that remain available, up to 

15 $2,500,000,000 shall be available, subject to approval in 

16 advance in appropriation Acts, to the Secretary of Hous17 ing and Urban Development (in this section referred to 

18 as the ‘‘Secretary’’) to provide up to 300,000 incremental 

19 vouchers for tenant-based rental housing assistance under 

20 section 8(o) of the United States Housing Act of 1937 

21 (42 U.S.C. 1437f(o)). 

22 (b) FAMILY ELIGIBILITY.—Tenant-based assistance 

23 pursuant to subsection (a) may be provided only on behalf 

24 of an affected family that is otherwise eligible for assist25 ance under such section 8(o). However, the Secretary and 
45 

•S 2172 IS

1 the Federal Emergency Management Agency shall permit 

2 such recipients to accept additional assistance to cover the 

3 costs of utilities and for other purposes from private or 

4 not-for-profit groups, without affecting their eligibility. 

5 (c) ADMINISTRATION.—Notwithstanding any other 

6 provision of law, the Secretary shall provide that voucher 

7 assistance provided under this section may be adminis8 tered by faith-based organizations and community devel9 opment corporations that have access to dwelling units in 

10 connection with which such voucher assistance may be 

11 used. 

12 (d) AFFECTED FAMILY.—For purposes of this sec13 tion, the term ‘‘affected family’’ means and individual or 

14 family that meets the following requirements: 

15 (1) The individual or family resided, on August 

16 25, 2005, in any area for which the President de17 clared a major disaster or emergency under title IV 

18 of the Robert T. Stafford Disaster Relief and Emer19 gency Assistance Act in connection with Hurricane 

20 Katrina of 2005. 

21 (2) The residence of the individual or family be22 came uninhabitable or inaccessible as a result of 

23 such major disaster or emergency. 

Æ