the date on which regulations are promulgated 
under section 107. 
(b) REVIEW AND DETERMINATION.— 
(1) REVIEW.—The Special Master shall review 
a claim submitted under subsection (a) and deter-
mine— 
(A) whether the claimant is an eligible in-
dividual under subsection (c); 
(B) with respect to a claimant determined 
to be an eligible individual— 
(i) the extent of the harm to the 
claimant, including any economic and non-
economic losses; and 
(ii) the amount of compensation to 
which the claimant is entitled based on the 
harm to the claimant, the facts of the 
claim, and the individual circumstances of 
the claimant. 
(2) NEGLIGENCE.—With respect to a claimant, 
the Special Master shall not consider negligence or 
any other theory of liability. 
(3) DETERMINATION.—Not later than 120 days 
after that date on which a claim is filed under sub-
section (a), the Special Master shall complete a re-
view, make a determination, and provide written no-
tice to the claimant, with respect to the matters that 
were the subject of the claim under review. Such a 
determination shall be final and not subject to judi-
cial review. 
(4) RIGHTS OF CLAIMANT.—A claimant in a re-
view under paragraph (1) shall have— 
(A) the right to be represented by an at-
torney; 
(B) the right to present evidence, including 
the presentation of witnesses and documents; 
and 
(C) any other due process rights deter-
mined appropriate by the Special Master. 
(5) NO PUNITIVE DAMAGES.—The Special Mas-
ter may not include amounts for punitive damages 
in any compensation paid under a claim under this 
title. 
(6) COLLATERAL COMPENSATION.—The Special 
Master shall reduce the amount of compensation de-
termined under paragraph (1)(B)(ii) by the amount 
of the collateral source compensation the claimant 
has received or is entitled to receive as a result of 
Hurricane Katrina. 
(c) ELIGIBILITY.—
(1) IN GENERAL.—A claimant shall be deter-
mined to be an eligible individual for purposes of 
this subsection if the Special Master determines that 
such claimant— 
(A) is an individual described in paragraph 
(2); and 
(B) meets the requirements of paragraph 
(3). 
(2) INDIVIDUALS.—A claimant is an individual 
described in this paragraph if the claimant is— 
(A) an individual who— 
(i) was present or had assets present 
in Alabama, Louisiana or Mississippi at 
the time, or in the immediate aftermath of 
Hurricane Katrina; and 
(ii) suffered physical harm, death, 
economic or noneconomic losses; or 
(B) in the case of a decedent who is an in-
dividual described in subparagraph (A), the per-
sonal representative of the decedent who files a 
claim on behalf of the decedent. 
(3) REQUIREMENTS.— 
(A) SINGLE CLAIM.—Not more than one 
claim may be submitted under this title by an 
individual or on behalf of a deceased individual.
(B) LIMITATION ON CIVIL ACTION.— 
(i) IN GENERAL.—Upon the submis-
sion of a claim under this title, the claim-
ant waives the right to file a civil action 
(or to be a party to an action) in any Fed-
eral or State court for damages sustained 
as a result of Hurricane Katrina. The pre-
ceding sentence does not apply to a civil 
action to recover collateral source obliga-
tions. 
(ii) PENDING ACTIONS.—In the case 
of an individual who is a party to a civil 
action described in clause (i), such indi-
vidual may not submit a claim under this 
title unless such individual withdraws from 
such action by the date that is 90 days 
after the date on which regulations are 
promulgated under section 322. 
SEC. 106. PAYMENTS TO ELIGIBLE INDIVIDUALS. 
(a) IN GENERAL.—Not later than 20 days after the 
date on which a determination is made by the Special Mas-
ter regarding the amount of compensation due a claimant 
under this title, the Special Master shall authorize pay-
ment to such claimant of the amount determined with re-
spect to the claimant.
(b) PAYMENT AUTHORITY.—This title constitutes 
budget authority in advance of appropriations Acts and 
represents the obligation of the Federal Government to 
provide for the payment of amounts for compensation 
under this title. 
(c) ADDITIONAL FUNDING.— 
(1) IN GENERAL.—The Attorney General is au-
thorized to accept such amounts as may be contrib-
uted by individuals, business concerns, or other enti-
ties to carry out this title, under such terms and 
conditions as the Attorney General may impose. 
(2) USE OF SEPARATE ACCOUNT.—In making 
payments under this section, amounts contained in 
any account containing funds provided under para-
graph (1) shall be used prior to using appropriated 
amounts. 
SEC. 107. REGULATIONS. 
Not later than 90 days after the date of enactment 
of this Act, the Attorney General, in consultation with the 
Special Master, shall promulgate regulations to carry out 
this title, including regulations with respect to— 
(1) forms to be used in submitting claims under 
this title; 
(2) the information to be included in such 
forms;
(3) procedures for hearing and the presentation 
of evidence; 
(4) procedures to assist an individual in filing 
and pursuing claims under this title; and 
(5) other matters determined appropriate by 
the Attorney General. 
TITLE II—ENVIRONMENTAL 
PROVISIONS 
SEC. 201. ENVIRONMENTAL FINDINGS. 
The Congress finds that— 
(1) Hurricane Katrina demonstrated the con-
nection between the health and safety of commu-
nities and the health of natural resources; 
(2) many of the hardest hit areas in New Orle-
ans and the Gulf Coast from Hurricane Katrina 
were low-income and minority communities already 
facing decades of environmental injustices; 
(3) the United States Coast Guard reported 
more than 7 million gallons of oil and between 1 and 
2 million gallons of gasoline from plants and depots 
in southeast Louisiana were spilled as a result of 
Hurricane Katrina; 
(4) Hurricane Katrina struck 466 facilities han-
dling large quantities of dangerous chemicals, 31 
hazardous waste sites along the Gulf Coast, and 16
superfund toxic waste sites, 3 of which were flooded, 
being in the environs of the City of New Orleans; 
(5) the flooded Superfund sites in Louisiana 
and Mississippi contained contaminants that include 
heavy metals associated with developmental prob-
lems and increased risk of cancer, and polycyclic ar-
omatic hydrocarbons, which are known carcinogens; 
(6) spills of oil and other toxic chemicals pose 
a particularly serious public health threat when they 
dry and become airborne as invisible, breathable par-
ticulates; 
(7) Hurricane Katrina initially destroyed or 
compromised 170 drinking water facilities and 47 
public owned wastewater treatment works along the 
affected Gulf Coast region; 
(8) New Orleans hosts several Level-3 biolabs, 
including a bioweapons research lab at Tulane Uni-
versity, which pose a major public health risk should 
any research pathogens have escaped into the envi-
ronment as a result of the hurricane and resultant 
flooding and power outages; and 
(9) residents of New Orleans and the affected 
Gulf Coast areas have demonstrated their desire and 
determination to return to their homes and, in order
to enable them to do so, a comprehensive plan is 
needed. 
SEC. 202. COMPREHENSIVE PLAN. 
(a) IN GENERAL.— 
(1) PLANNING.—In order to protect the health 
and safety of the people of the Gulf Coast regions 
devastated by Hurricane Katrina, the Administrator 
of the Environmental Protection Agency (hereinafter 
in this title referred to as the ‘‘Administrator’’) , in 
consultation with the Governor of any affected State, 
shall develop a Comprehensive Environmental Sam-
pling and Toxicity Assessment Plan (hereinafter in 
this title referred to as the ‘‘CESTAP’’) to deter-
mine the immediate and long-term hazards posed by 
exposure to toxins and infectious materials released 
into the environment as a result of Hurricane 
Katrina and resultant flooding. 
(2) COMPREHENSIVE
TESTING.—By sampling 
and analysis of the soil, water, air and human popu-
lations in order to determine the presence, volume, 
and potential distribution vectors of hazardous tox-
ins and infectious materials. 
(3) AGGREGATION
AND
NOTIFICATION.—The 
data collected shall be aggregated to identify envi-
ronmental ‘‘hot spots,’’ known and potential toxic 
threats and public health trends. 
(A) The results should be used to alert 
State and local officials, including health and 
public safety officials. 
(B) The results should also be made avail-
able to the public and used in a public informa-
tion campaign to aggressively distribute infor-
mation about public safety threats to the public. 
(4) FIRST LINE OF DEFENSE.—In light of the 
high potential for a public health disaster under cir-
cumstances of multiple releases of toxic and haz-
ardous substances into the environment and complex 
mixing of such materials in floodwaters, the Admin-
istrator shall set up the first line of defense against 
immediate and long-term threats to public safety by 
ensuring that all existing Federal and State environ-
mental and work safety standards are diligently ob-
served. 
(5) COORDINATION.—The CESTAP shall en-
compass and be coordinated with existing sampling 
and assessment efforts by Federal and State agen-
cies. In light of the scope and types of testing nec-
essary, the multiple regions affected and the press-
ing need for haste, the Administrator shall utilize
the work of independent, professional researchers 
with established credentials. Such work of citizen re-
searchers, motivated by the same desire as the gov-
ernment to protect their fellow citizens from harm, 
shall be utilized by government officials in identi-
fying the most hazardous geographic sites and po-
tential public health emergencies. 
(b) NOTICE TO CONGRESS.— 
(1) INITIAL NOTICE.—Not later than 30 days 
after the date of the enactment of this Act, the Ad-
ministrator shall submit to the Committees on 
Transportation and Infrastructure and Energy and 
Commerce of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate an initial draft of the CESTAP, together 
with a progress report on the current state of the 
environmental testing, assessment, clean-up and 
public safety efforts in the hurricane-devastated re-
gions of the Gulf Coast. 
(2) SUBSEQUENT
NOTIFICATIONS.—Not later 
than 30 days after the date on which the Adminis-
trator submits the initial plan and progress report 
under paragraph (1), and every 30 days thereafter, 
the Administrator shall submit to such committees a 
subsequent progress report, covering—
(A) sampling and toxicity assessment re-
sults on a region-by-region basis; 
(B) ongoing and revised planning for noti-
fying potentially affected populations and pro-
viding proper training and equipment for han-
dling hazardous substances; and 
(C) results of public health assessment and 
monitoring studies, including any reports indi-
cating illnesses possibly resulting from exposure 
to toxins released in Hurricane Katrina or local 
epidemics or outbreaks of disease from con-
tagions. 
(c) ANNUAL REVIEW.—No later than 1 year after the 
date of the enactment of this Act, the Administrator shall 
submit to the committees referred to in subsection (b) a 
report describing— 
(1) the known and potential threats to public 
health and safety, immediate and long-term, identi-
fied under the CESTAP; 
(2) details of efforts to inform and alert the 
public and government officials of identified threats 
and evaluation of their effectiveness; 
(3) results of efforts to ensure the safety of re-
sponders and clean-up crews and evaluation of their 
effectiveness;
(4) results of immediate intervention and on- 
going monitoring of public health, including the 
health of responders, clean-up crews and government 
officials present in affected areas and evaluation of 
their effectiveness; 
(5) an overall assessment of— 
(A) how the threat to public health has 
been managed; 
(B) what threats to public health still re-
main; and 
(C) what existing programs must continue 
in order to address remaining threats; and 
(6) additional recommendations for action on 
problems that have not yet been addressed or have 
not adequately been addressed. 
(d) ZONING.— 
(1) RIGHT OF RETURN.—The Department of 
Homeland Security, the Federal Emergency Man-
agement Agency and the Environmental Protection 
Agency shall allow residents to return to their homes 
and claim their property and to assist them in doing 
so and in handling the relief and rehabilitation ef-
forts in the Gulf region shall be guided by this prin-
ciple.
(2) RIGHT TO KNOW THE RISKS.—At the same 
time, Federal and State shall inform the hurricane 
survivors about the known and possible health risks 
they may face upon returning to their domiciles, as 
well how they can best protect themselves and where 
they can obtain the necessary equipment and mate-
rials to do so, and shall prevent residents from re-
turning to areas where the health risks are too se-
vere. 
(3) STANDARDS.—Principles (1) and (2) above 
must be balanced against one another and the Ad-
ministrator shall play the lead role in setting safety 
standards to help bring concert to the work of var-
ious Federal, State and local officials to determine 
which areas remain too unsafe to allow residents to 
return. In doing so, the Administrator shall have the 
authority to define zones of safety, including— 
(A) ‘‘keep out’’ zones that remain unsafe 
for residents to return, even where other agen-
cies have declared them safe from flooding or 
hazardous debris such as downed power lines; 
(B) ‘‘at your own risk’’ zones where safety 
risks are uncertain, or can be controlled with 
proper information and equipment (where said
information and equipment is made available to 
residents); and 
(C) ‘‘low risk’’ zones where the risk level is 
considered minimal, but where residents and 
visitors are nevertheless provided with informa-
tion on what risks do exist and what measures 
they can take to minimize them. 
(4) COMPENSATION.—Residents whose homes 
or businesses have been destroyed or terminally com-
promised or who face an indefinite waiting period 
before being allowed to reclaim their property shall 
be offered the choice of alternative land and/or hous-
ing as compensation. 
(5) SAFETY OVER SPECULATION.—The govern-
ment’s obligations defined in principles (1) and (2) 
above do not apply in the same way to private inter-
ests such as land speculators who are not in the con-
dition of having no home to return to. 
(6) INSPECTION
AND
CERTIFICATION.—The 
government must protect the public and consumers 
from immediate and long-term health risks by re-
quiring those public and private buyers of property 
in potentially contaminated areas who possessed no 
title to said land prior to the hurricane, to obtain 
certification of a comprehensive inspection for envi-
ronmental quality, public health safety as well as 
compliance with local historical preservation laws 
prior to commencement of new construction or re- 
sale of real estate. The Administrator shall deter-
mine areas subject by this clause and shall work 
with the Centers for Disease Control and Prevention 
as well as State, local and community governments 
to establish inspection and certification procedures. 
(7) INSPECTION PROCEDURES.—The Adminis-
trator shall develop standards for such inspection 
procedures, in cooperation with State and local offi-
cials, including local health and public safety agen-
cies. These standards are to be included in the over-
all CESTAP provided under this section. 
SEC. 203. NOTIFICATION OF PUBLIC AND PROFESSIONALS. 
(a) EMERGENCY NOTIFICATION.— 
(1) HIGHEST RISK AREAS.—The Administrator 
shall take immediate action to ensure that contami-
nated areas that have already been identified as pos-
ing the highest risk to human health are properly 
marked with warning signs, and are patrolled by po-
lice who have been given clear guidelines on how to 
manage traffic in and out of the area. The Adminis-
trator shall also ensure that public and health offi-
cials from the surrounding region are provided with
detailed information about the dangers posed by the 
area of contamination, and what movement restric-
tions apply. This being of the highest priority, the 
Administrator shall not wait for the first draft of the 
CESTAP plan before acting. 
(2) AIRBORNE CONTAMINANTS.—The Adminis-
trator shall take immediate action to ensure that the 
population in areas subject to potential health risks 
from airborne contaminates are made aware of the 
dangers they face through a public information cam-
paign, with literature to be provided to and dissemi-
nated by State and local officials and, where their 
capacity is lacking, by Federal agencies. This being 
of the highest priority, the Administrator shall not 
wait for the first draft of the CESTAP before act-
ing. 
(b) TRANSPARENCY.— 
(1) INFORMATION CAMPAIGN.—A major compo-
nent of the CESTAP plan shall be a pro-active in-
formation campaign as part of an effort to produce 
and disseminate information in the form of lit-
erature, web postings and public service announce-
ments providing affected populations with clear and 
concise warnings about the potential hazards they 
face.
(2) REGULAR
UPDATES.—The Administrator 
shall ensure that the campaign is on-going, pro-
viding the public with new information as it becomes 
available. 
(3) NOTIFYING OFFICIALS.—The Administrator 
shall ensure that this information campaign includes 
the provision of detailed information, in print and 
through direct consultation, to officials overseeing 
disaster relief, rehabilitation and clean-up. 
(c) COHERENCY.— 
(1) PROVIDING MEANS OF PROTECTION.—Pub-
lic information campaigns under this section shall be 
coordinated in conjunction with efforts to supply rel-
evant safety equipment (from hazmat suits to rubber 
gloves and cleaning solutions) to affected popu-
lations and working crews. 
(2) INTER-AGENCY
COOPERATION.—The Ad-
ministrator shall develop the CESTAP plan by— 
(A) identifying and using available re-
sources and manpower of agencies other than 
the Environmental Protection Agency, where 
the Agency lacks the resources to meet plan 
goals; while at the same time:
(B) combining efforts as much as possible 
with those agencies to be so tapped, through 
such measures as— 
(i) setting up joint information cam-
paigns where possible; 
(ii) identifying teams of agencies who 
will be working in high risk areas and pro-
visioning the necessary protective gear; and 
in general 
(iii) seeking wherever possible to avoid 
unnecessary duplication of effort. 
SEC. 204. TRAINING FOR RESPONDERS AND CLEAN-UP 
WORKERS. 
(a) PLANNING AND EXECUTION.— 
(1) 
RESPONDERS
HEALTH
AND
SAFETY 
PLAN.—The CESTAP shall contain a program de-
signed to protect the health and safety of responders 
and clean-up crews specifically in relation to toxic 
and infectious materials. 
(2) INTER-AGENCY
COORDINATION.—The Ad-
ministrator shall coordinate this program with the 
following agencies: 
(A) the Occupational Safety and Health 
Administration, which is responsible for ensur-
ing the health and safety of disaster responders
and clean-up crews in cooperation with Federal, 
State, and local officials and private sector or-
ganizations; 
(B) the Department of Labor, which is re-
sponsible for coordinating a response plan to 
address worker health and safety issues; and 
(C) the National Institute of Occupational 
Safety and Health, which should be ready to 
provide health and safety training to responders 
and clean-up crews. 
(3) AUTHORITY OF ADMINISTRATOR.—The Ad-
ministrator shall have authority to involve and use 
the resources of these agencies to achieve the goals 
here set out. 
(b) EMERGENCY
TRAINING.—The Administrator 
shall include in the CESTAP, guidelines to ensure that— 
(1) worksites and areas where responders and 
clean-up crews are to be sent are subject to a full 
environmental assessment and identification of haz-
ards through onsite evaluation and monitoring and 
identification of workers likely to be facing high risk 
of hazardous exposures; 
(2) relief, reconstruction and clean-up workers 
of all contributing agencies—
(A) are properly informed of the environ-
mental hazards they may face in their work; 
(B) are provided proper training in han-
dling toxic materials; 
(C) are provided with the proper protective 
equipment (such as respirators to protect 
against airborne toxins), and guidelines and 
training for using them; and 
(D) receive proper immunizations, where 
necessary and appropriate; 
(3) mechanisms are in place to provide equal 
protection from environmental and health hazards to 
State and local public employees not covered by reg-
ulations of the Occupational Safety and Health Ad-
ministration; and 
(4) these efforts are coordinated in close col-
laboration with local employers, unions and safety 
and health professionals. 
(c) HIRING POLICY.—The Administrator shall ensure 
that qualified residents returning to New Orleans and hur-
ricane-affected areas, and who are faced with the job loss 
are given priority in new hirings for positions involved in 
ongoing sampling and assessment of the environment. 
SEC. 205. PUBLIC HEALTH ASSESSMENT AND MONITORING. 
(a) EARLY INTERVENTION.—
(1) 
IMMEDIATE
HUMAN
HEALTH
ASSESS-
MENT.—The Administrator shall include in the 
CESTAP plan an immediate public health assess-
ment of— 
(A) populations remaining in or returning 
to areas of known or potential exposure to tox-
ins and infectious materials, and 
(B) relief, rehabilitation and clean-up 
workers working in areas known to be at risk. 
(2) PURPOSE.—The purpose of such immediate 
assessment is— 
(A) to identify any epidemiological out-
breaks or toxological trends in the population; 
and 
(B) as a means of— 
(i) screening for hazards missed by 
other forms of environmental sampling; 
(ii) alerting relevant health officials to 
addressing the problem; and 
(iii) setting a base-line for long-term 
monitoring. 
(b) LONG-TERM MONITORING.—The CESTAP shall 
include provisions for periodic follow-up studies, no more 
than a year apart, to assess the ongoing and long-term 
health impacts of the toxic and infectious materials that
were or may have been released into the environment as 
a result of the impact of Hurricane Katrina. 
SEC. 206. INDEPENDENT REVIEW. 
(a) 
INDEPENDENT
ADVISORY
AND
REVIEW 
PANEL.—In order to ensure maximum consonance with 
efforts of residents of affected areas and cities to rebuild 
their homes, businesses and communities, the Adminis-
trator shall establish an Independent Advisory and Review 
Panel (IARP), comprised of— 
(1) professionals who can share expert scientific 
and environmental knowledge with the Adminis-
trator and officials involved in carrying out the 
CESTAP; 
(2) respected community leaders capable of pro-
viding to the Administrator and officials involved in 
carrying out the CESTAP first-hand knowledge of— 
(A) State, local and community resources 
and organizational capacities; 
(B) existing plans and efforts by State and 
local communities to rebuild their communities 
as well as to deal with discovered toxic and in-
fectious hazardous materials; and 
(C) the priorities and concerns of affected 
populations;
(3) officials from State and local government; 
and 
(4) State and local public health and safety offi-
cials. 
(b) NOMINATIONS.—Nominations for the IARP shall 
be solicited from— 
(1) local and national scientific and environ-
mental nongovernmental organizations; 
(2) civic bodies and community organizations in 
the affected cities, States, and regions; 
(3) State, local and community government 
bodies. 
(c) PERIODIC REVIEW.—The IARP shall issue peri-
odic reports no less frequently than quarterly, assessing 
the progress of the CESTAP, with specific reference to— 
(1) previous or on-going threats to public health 
that the CESTAP failed to identify or to adequately 
address; 
(2) the effectiveness of efforts under CESTAP 
to protect residents, responders and clean-up work-
ers through providing information, training and 
safety equipment; and 
(3) implementation of the CESTAP in coordi-
nation with State, local and community government
and nongovermental bodies, including suggestions 
for further improvement. 
SEC. 207. EXPIRATION. 
Unless otherwise extended by law, this title and the 
CESTAP shall cease to apply upon completion of the Ad-
ministrator’s fifth annual report to Congress. 
TITLE III—HEALTH PROVISIONS 
Subtitle A—Repair and Access 
SEC. 301. REPAIR AND DISPARITIES GRANTS. 
(a) CONSTRUCTION
AND REPAIR GRANTS .—The 
Secretary of Health and Human Services (in this section 
referred to as the ‘‘Secretary’’) shall make grants to public 
health facilities and loans to private health facilities, for 
the purpose of constructing, modernizing, or repairing 
hospitals, clinics, health centers, laboratories, and other 
health facilities in a Hurricane Katrina disaster area dam-
aged as a result of Hurricane Katrina for— 
(1) construction of hospitals, clinics, health cen-
ters, laboratories, mental health and substance 
abuse facilities that meet the standards of the Joint 
Commission on the Accreditation of Healthcare Or-
ganizations (JCAHO); 
(2) repair or modernization of such public or 
private hospitals or public facilities as provide health 
care or health related services; and
(3) to bring hospitals and public health facili-
ties in compliance with such JCAHO standards and 
requirements of the Centers for Medicare & Med-
icaid Services. 
(b) HEALTH DISPARITY GRANTS.—The Secretary, 
acting through the Administrator of the Health and 
Human Resources Administration and the Director of the 
Office of Minority Health, and in consultation with the 
Director of the Office of Community Services and the Di-
rector of the National Center for Minority Health and 
Health Disparities, shall make grants to assist individuals, 
hospitals, businesses, schools, minority health associa-
tions, non-profit organizations, community-based organi-
zations, healthcare clinics, foundations, and other entities 
in communities in a Hurricane Katrina disaster area and 
that disproportionately experience disparities in health 
status and healthcare which are seeking— 
(1) to improve the health of minority individ-
uals in the community and to reduce disparities in 
health status and healthcare by assisting individuals 
in accessing Federal programs or by other means; 
and 
(2) to coordinate the efforts of governmental 
and private entities regarding the elimination of ra-
cial and ethnic health status and healthcare.
(c) APPLICATION.—To obtain a grant under this sec-
tion, an applicant shall submit to the Secretary an applica-
tion in such form and in such manner as the Secretary 
may require. An application for a grant under— 
(1) subsection (a) shall describe, with such 
specificity as the Secretary shall require, the damage 
sustained as a result of Hurricane Katrina and the 
steps proposed to address the damage; and 
(2) subsection (b) shall demonstrate that the 
communities to be served are those that dispropor-
tionately experience disparities in health status and 
healthcare and shall set forth a strategic plan for re-
ducing those disparities by— 
(A) describing the coordinated health, eco-
nomic, human, community, and physical devel-
opment plan and related activities proposed for 
the community; 
(B) identifying the projected amount of 
Federal, State, local and private resources that 
will be available in the area and the private and 
public partnerships to be used (including any 
participation by or cooperation with univer-
sities, colleges, foundations, non-profit organiza-
tions, medical centers, hospitals, health clinics,
school districts, or other private and public en-
tities); 
(C) identifying the funding requested 
under any Federal program in support of the 
proposed activities; 
(D) identifying benchmarks for measuring 
the success of carrying out the strategic plan; 
(E) demonstrating the ability to reach and 
service the targeted underserved minority com-
munity populations in a culturally appropriate 
and linguistically responsive manner; and 
(F) demonstrating a capacity and infra-
structure to provide long-term community re-
sponse that is culturally appropriate and lin-
guistically responsive to communities that dis-
proportionately experience disparities in health 
and healthcare. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘Hurricane Katrina disaster area’’ means an area 
which the President has designated as a disaster area as 
a result of Hurricane Katrina of August 2005. 
(e) AUTHORIZATION
OF APPROPRIATION .—There 
are authorized to be appropriated to carry out this section, 
such sums as may be necessary for each of fiscal years 
2006 through 2010.
SEC. 302. DISASTER RELIEF MEDICAID. 
(a) AUTHORITY
TO PROVIDE DISASTER RELIEF 
MEDICAID.—Notwithstanding any provision of title XIX 
of the Social Security Act, a State shall, as a condition 
of participation in the Medicaid program established 
under title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.), provide medical assistance to DRM-eligible 
Katrina Survivors (as defined in subsection (b)) under a 
State Medicaid plan established under such title during 
the disaster relief Medicaid coverage period in accordance 
with the following provisions of this section and without 
submitting an amendment to the State Medicaid plan. 
Such assistance shall be referred to as ‘‘Disaster Relief 
Medicaid Assistance (DRM assistance)’’. 
(b) 
DRM-ELIGIBLE
KATRINA
SURVIVOR
DE-
FINED.— 
(1) IN
GENERAL.—In this section, the term 
‘‘DRM-eligible Katrina Survivor’’ means a Katrina 
Survivor whose family income does not exceed the 
higher of— 
(A) 100 percent (200 percent, in the case 
of such a Survivor who is a pregnant woman, 
child, or a recipient of disability benefits under 
section 223 of the Social Security Act) of the 
poverty line; or
(B) the income eligibility standard which 
would apply to the Survivor under the State 
Medicaid plan. 
(2) NO RESOURCES, RESIDENCY, OR CATEGOR-
ICAL
ELIGIBILITY
REQUIREMENTS.—Eligibility 
under paragraph (1) shall be determined without ap-
plication of any resources test, State residency, or 
categorical eligibility requirements. 
(3) INCOME DETERMINATION.— 
(A) LEAST
RESTRICTIVE
INCOME
METH-
ODOLOGIES.—The State shall use the least re-
strictive methodologies applied under the State 
Medicaid plan under section 1902(r)(2) of the 
Social Security Act (42 U.S.C. 1396a(r)(2)) in 
determining income eligibility for Katrina Sur-
vivors under paragraph (1). 
(B) DISREGARD OF UI BENEFITS.—In de-
termining such income eligibility, the State 
shall disregard any amount received under a 
law of the United States or of a State which is 
in the nature of unemployment compensation by 
a Katrina Survivor during the DRM coverage 
period. 
(4) DEFINITION OF CHILD.—For purposes of 
paragraph (1), a DRM-eligible Katrina Survivor
shall be determined to be a ‘‘child’’ in accordance 
with the definition of ‘‘child’’ under the State Med-
icaid plan. 
(c) ELIGIBILITY DETERMINATION; NO CONTINU-
ATION OF DRM ASSISTANCE.— 
(1) STREAMLINED ELIGIBILITY PROCESS.—The 
State shall use the following streamlined procedures 
in processing applications and determining eligibility 
for DRM assistance for DRM-eligible Katrina Sur-
vivors: 
(A) A common 1-page application form de-
veloped by the Secretary of Health and Human 
Services in consultation with the National Asso-
ciation of State Medicaid Directors. Such form 
shall— 
(i) require an applicant to provide an 
expected address for the duration of the 
DRM coverage period and to agree to up-
date that information if it changes during 
such period; 
(ii) include notice regarding the pen-
alties for making a fraudulent application 
under subsection (h); 
(iii) require the applicant to assign to 
the State any rights of the applicant (or
any other person who is a DRM-eligible 
Katrina Survivor and on whose behalf the 
applicant has the legal authority to execute 
an assignment of such rights) under any 
group health plan or other third-party cov-
erage for health care; and 
(iv) require the applicant to list any 
health insurance coverage which the appli-
cant was enrolled in immediately prior to 
submitting such application. 
(B) Self-attestation by the applicant that 
the applicant— 
(i) is a DRM-eligible Katrina Sur-
vivor; and 
(ii) if applicable, requires home and 
community-based services provided under 
such DRM assistance in accordance with 
subsection (d)(3). 
(C) No requirement for documentation evi-
dencing the basis on which the applicant quali-
fies to be a DRM-eligible Katrina Survivor or, 
if applicable, requires home and community- 
based services. 
(D) Issuance of a DRM assistance eligi-
bility card to an applicant who completes such
application, including the self-attestation re-
quired under subparagraph (B). Such card shall 
be valid as long as the DRM coverage period is 
in effect and shall be accompanied by notice of 
the termination date for the DRM coverage pe-
riod and, if applicable, notice that such termi-
nation date may be extended. If the President 
extends the DRM coverage period, the State 
shall notify DRM-eligible Katrina Survivors en-
rolled in DRM assistance of the new termi-
nation date for the DRM coverage period. 
(E) If an applicant completes the applica-
tion and presents it to a provider or facility 
participating in the State Medicaid plan that is 
qualified to make presumptive eligibility deter-
minations under such plan (which at a min-
imum shall consist of facilities identified in sec-
tion 1902(a)(55) of the Social Security Act (42 
U.S.C. 1396a(a)(55)) and it appears to the pro-
vider that the applicant is a DRM-eligible 
Katrina Survivor based on the information in 
the application, the applicant will be deemed to 
be a DRM-eligible Katrina Survivor eligible for 
DRM assistance in accordance with this section, 
subject to subsection (g).
(F) Continuous eligibility, without the need 
for any re-determination of eligibility, for the 
duration of the DRM coverage period. 
(2) NO CONTINUATION OF DRM ASSISTANCE.— 
(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), no DRM assistance 
shall be provided after the end of the DRM cov-
erage period. 
(B) PRESUMPTIVE
ELIGIBILITY.—In the 
case of any DRM-eligible Katrina Survivor who 
is receiving DRM assistance from a State in ac-
cordance with this section and who, as of the 
end of the DRM coverage period, has an appli-
cation pending for medical assistance under the 
State Medicaid plan for periods beginning after 
the end of such period, the State shall provide 
such Survivor with a period of presumptive eli-
gibility for medical assistance under the State 
Medicaid plan (not to exceed 60 days) until a 
determination with respect to the Survivor’s ap-
plication has been made. 
(C) PREGNANT WOMEN.—In the case of a 
DRM-eligible Katrina Survivor who is receiving 
DRM assistance from a State in accordance 
with this section and whose pregnancy ended
during the 60-day period prior to the end of the 
DRM coverage period, or who is pregnant as of 
the end of such period, such Survivor shall con-
tinue to be eligible for DRM assistance after 
the end of the DRM coverage period, including 
(but not limited to) for all pregnancy-related 
and postpartum medical assistance available 
under the State Medicaid plan, through the end 
of the month in which the 60-day period (begin-
ning on the last day of her pregnancy) ends. 
(3) TREATMENT OF KATRINA SURVIVORS PRO-
VIDED
ASSISTANCE
PRIOR
TO
DATE
OF
ENACT-
MENT.—Any Katrina Survivor who is provided med-
ical assistance under a State Medicaid plan in ac-
cordance with guidance from the Secretary during 
the period that begins on August 28, 2005, and ends 
on the date of enactment of this Act shall be treated 
as a DRM-eligible Katrina Survivor, without the 
need to file an additional application, for purposes of 
eligibility for DRM assistance under this section. 
(d) SCOPE OF COVERAGE.— 
(1) CATEGORICALLY
NEEDY
BENEFITS.—The 
State shall treat a DRM-eligible Katrina Survivor as 
an individual eligible for medical assistance under 
the State plan under title XIX of the Social Security
Act on the basis of section 1902(a)(10)(A)(i) of the 
Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), 
with coverage for such assistance retroactive to 
items and services furnished on or after August 28, 
2005 (or in the case of applications for DRM assist-
ance submitted after January 1 2006, the first day 
of the 5th month preceding the date on which such 
application is submitted). 
(2) EXTENDED MENTAL HEALTH AND CARE CO-
ORDINATION
BENEFITS.—The State may provide, 
without regard to any restrictions on amount, dura-
tion, and scope, comparability, or restrictions other-
wise applicable under the State medicaid plan (other 
than restrictions applicable under such plan with re-
spect to services provided in an institution for men-
tal diseases), to DRM-eligible Katrina Survivors ex-
tended mental health and care coordination benefits 
which may include the following: 
(A) Screening, assessment, and diagnostic 
services (including specialized assessments for 
individuals with cognitive impairments). 
(B) Coverage for a full range of mental 
health medications at the dosages and fre-
quencies prescribed by health professionals for
depression, post-traumatic stress disorder, and 
other mental disorders. 
(C) Treatment of alcohol and substance 
abuse determined to result from circumstances 
related to Hurricane Katrina. 
(D) 
Psychotherapy, 
rehabilitation 
and 
other treatments administered by psychiatrists, 
psychologists, or social workers for conditions 
exacerbated by, or resulting from, Hurricane 
Katrina. 
(E) In-patient mental health care. 
(F) Family counseling for families where a 
member of the immediate family is a Katrina 
Survivor or first responder to Hurricane 
Katrina or includes an individual who has died 
as a result of Hurricane Katrina. 
(G) In connection with the provision of 
health and long-term care services, arranging 
for, (and when necessary, enrollment in waiver 
programs or other specialized programs), and 
coordination related to, primary and specialty 
medical care, which may include personal care 
services, durable medical equipment and sup-
plies, assistive technology, and transportation.
(3) HOME
AND
COMMUNITY-BASED
SERV-
ICES.— 
(A) IN GENERAL.—In the case of a State 
with a waiver to provide home and community- 
based services granted under section 1115 of 
the Social Security Act or under subsection (c) 
or (d) of section 1915 of such Act, the State 
may provide such services to DRM-eligible 
Katrina Survivors who self-attest in accordance 
with subsection (c)(1)(B)(ii) that they require 
immediate home and community-based services 
that are available under such waiver without re-
gard to whether the Survivors would require the 
level of care provided in a hospital, nursing fa-
cility, or intermediate care facility for the men-
tally 
retarded, 
including 
to 
DRM-eligible 
Katrina Survivors who are individuals described 
in subparagraph (B). 
(B) INDIVIDUALS
DESCRIBED.—Individ-
uals described in this subparagraph are individ-
uals who— 
(i) on any day during the week pre-
ceding August 28, 2005— 
(I) had been receiving home and 
community-based services under a
waiver described in subparagraph (A) 
in a direct impact parish or county; 
(II) had been receiving support 
services from a primary family care-
giver who, as a result of Hurricane 
Katrina, is no longer available to pro-
vide services; or 
(III) had been receiving personal 
care, home health, or rehabilitative 
services under the State Medicaid 
plan or under a waiver granted under 
section 1915 or 1115 of the Social Se-
curity Act; or 
(ii) are disabled (as determined under 
the State Medicaid plan). 
(C) WAIVER OF RESTRICTIONS.—The Sec-
retary shall waive with respect to the provision 
of home and community-based services under 
this paragraph any limitations on— 
(i) the number of individuals who 
shall receive home or community-based 
services under a waiver described in sub-
paragraph (A); 
(ii) budget neutrality requirements ap-
plicable to such waiver; and
(iii) targeted populations eligible for 
services under such waiver. 
The Secretary may waive other restrictions ap-
plicable under such a waiver, that would pre-
vent a State from providing home and commu-
nity-based services in accordance with this 
paragraph. 
(4) CHILDREN BORN TO PREGNANT WOMEN.— 
In the case of a child born to a DRM-eligible 
Katrina Survivor who is provided DRM assistance 
during the DRM coverage period, such child shall be 
treated as having been born to a pregnant woman el-
igible for medical assistance under the State Med-
icaid plan and shall be eligible for medical assistance 
under such plan in accordance with section 
1902(e)(4) of the Social Security Act (42 U.S.C. 
1396a(e)(4)). The Federal medical assistance per-
centage applicable to the State Medicaid plan shall 
apply to medical assistance provided to a child under 
such plan in accordance with the preceding sentence. 
(e) TERMINATION OF COVERAGE; ASSISTANCE WITH 
APPLYING FOR REGULAR MEDICAID COVERAGE.— 
(1) NOTICE
OF
EXPECTED
TERMINATION
OF 
DRM
COVERAGE
PERIOD.—A State shall provide 
DRM-eligible Katrina Survivors who are receiving
DRM assistance from the State in accordance with 
this section, as of the beginning of the 4th month 
(and, if applicable, 9th month) of the DRM coverage 
period with— 
(A) notice of the expected termination date 
for DRM assistance for such period; 
(B) information regarding eligibility for 
medical assistance under the State’s eligibility 
rules otherwise applicable under the State med-
icaid plan; and 
(C) an application for such assistance and 
information regarding where to obtain assist-
ance with completing such application in ac-
cordance with paragraph (2). 
(2) APPLICATION ASSISTANCE.—A State shall 
provide DRM-eligible Katrina Survivors who are re-
ceiving DRM assistance from the State in accord-
ance with this section with assistance in applying for 
medical assistance under the State medicaid plan for 
periods beginning after the end of the DRM cov-
erage period, at State Medicaid offices and at loca-
tions easily accessible to such Survivors. 
(3) STATE REPORTS.—A State providing DRM 
assistance in accordance with this section shall sub-
mit to the Secretary the following reports:
(A) TERMINATION
AND
TRANSITION
AS-
SISTANCE
TO
REGULAR
MEDICAID
COVERAGE 
FOR DRM-ELIGIBLE KATRINA SURVIVORS ELIGI-
BLE FOR SUCH ASSISTANCE.—A report detail-
ing how the State intends to satisfy the require-
ments of paragraphs (1) and (2). 
(B) ENROLLMENT.—Reports regarding— 
(i) the number of Katrina Survivors 
who are determined to be DRM-eligible 
Katrina Survivors; and 
(ii) the number of DRM-eligible 
Katrina Survivors who are determined to 
be eligible for, and enrolled in, the State 
Medicaid plan. 
(4) SECRETARIAL OVERSIGHT.—The Secretary 
of Health and Human Services shall ensure that a 
State is complying with the requirements of para-
graphs (1) and (2) and that applications for medical 
assistance under the State Medicaid plan from 
DRM-eligible Katrina Survivors for periods begin-
ning after the end of the DRM coverage period are 
processed in a timely and appropriate manner. 
(5) NO PRIVATE RIGHT OF ACTION AGAINST A 
STATE FOR FAILURE TO PROVIDE NOTICE.—No pri-
vate right of action shall be brought against a State
for failure to provide the notices required under 
paragraph (1) or subsection (c)(1) so long as the 
State makes a good faith effort to provide such no-
tices. 
(f) 100 PERCENT
FEDERAL
MATCHING
PAY-
MENTS.— 
(1) IN
GENERAL.—Notwithstanding section 
1905(b) of the Social Security Act (42 U.S.C. 
1396d(b), the Federal medical assistance percentage 
or the Federal matching rate otherwise applied 
under section 1903(a) of such Act (42 U.S.C. 
1396b(a)) shall be 100 percent for— 
(A) providing DRM assistance to DRM-eli-
gible Katrina Survivors during the DRM cov-
erage period in accordance with this section; 
(B) costs directly attributable to adminis-
trative activities related to the provision of such 
DRM assistance, including costs attributable to 
obtaining recoveries under subsection (h); 
(C) costs directly attributable to providing 
application assistance in accordance with sub-
section (e)(2); and 
(D) DRM assistance provided in accord-
ance with subparagraph (B) or (C) of sub-
section (c)(2) after the end of the DRM cov-
erage period. 
(2) DISREGARD OF PAYMENTS.—Payments pro-
vided to a State in accordance with this subsection 
shall be disregarded for purposes of applying sub-
sections (f) and (g) of section 1108 of the Social Se-
curity Act (42 U.S.C. 1308). 
(g) VERIFICATION OF STATUS AS A KATRINA SUR-
VIVOR.— 
(1) IN GENERAL.—The State shall make a good 
faith effort to verify the status of an individual who 
is enrolled in the State Medicaid plan as a DRM-eli-
gible Katrina Survivor under the provisions of this 
section. Such effort shall not delay the determina-
tion of the eligibility of the Survivor for DRM assist-
ance under this section. 
(2) EVIDENCE OF VERIFICATION.—A State may 
satisfy the verification requirement under subpara-
graph (A) with respect to an individual by showing 
that the State providing DRM assistance obtained 
information from the Social Security Administration, 
the Internal Revenue Service, or the State Medicaid 
Agency for the State from which individual is from 
(if the individual was not a resident of such State
on any day during the week preceding August 28, 
2005). 
(h) PENALTY FOR FRAUDULENT APPLICATIONS.— 
(1) INDIVIDUAL
LIABLE
FOR
COSTS.—If a 
State, as the result of verification activities con-
ducted under subsection (g) or otherwise, determines 
after a fair hearing that an individual has knowingly 
made a false self-attestation described in subsection 
(c)(1)(B), the State may, subject to paragraph (2), 
seek recovery from the individual for the full amount 
of the cost of DRM assistance provided to the indi-
vidual under this section. 
(2) EXCEPTION.—The Secretary shall exempt a 
State from seeking recovery under paragraph (1) if 
the Secretary determines that it would not be cost- 
effective for the State to do so. 
(3) REIMBURSEMENT TO THE FEDERAL GOV-
ERNMENT.—Any amounts recovered by a State in 
accordance with this subsection shall be returned to 
the Federal government. 
(i) EXEMPTION FROM ERROR RATE PENALTIES.— 
All payments attributable to providing DRM assistance in 
accordance with this section shall be disregarded for pur-
poses of section 1903(u) of the Social Security Act (42 
U.S.C. 1396b(u)).
(j) PROVIDER PAYMENT RATES.—In the case of any 
DRM assistance provided in accordance with this section 
to a DRM-eligible Katrina Survivor that is covered under 
the State Medicaid plan (as applied without regard to this 
section) the State shall pay a provider of such assistance 
the same payment rate as the State would otherwise pay 
for the assistance if the assistance were provided under 
the State Medicaid plan (or, if no such payment rate ap-
plies under the State Medicaid plan, the usual and cus-
tomary prevailing rate for the item or service for the com-
munity in which it is provided). 
(k) APPLICATION TO INDIVIDUALS ELIGIBLE FOR 
MEDICAL ASSISTANCE.—Nothing in this section shall be 
construed as affecting any rights accorded to an individual 
who is a recipient of medical assistance under a State 
Medicaid plan who is determined to be a DRM-eligible 
Katrina Survivor but the provision of DRM assistance to 
such individual shall be limited to the provision of such 
assistance in accordance with this section. 
(l) DEFINITIONS.— 
(1) DRM COVERAGE PERIOD.— 
(A) IN GENERAL.—The term ‘‘DRM cov-
erage period’’ means the period beginning on 
August 28, 2005, and, subject to subparagraph
(B), ending on the date that is 12 months after 
the date of enactment of this Act. 
(B) PRESIDENTIAL
AUTHORITY
TO
EX-
TEND DRM COVERAGE PERIOD.— 
(i) IN GENERAL.—The President may 
extend the DRM coverage period for an 
additional 12 months. Any reference to the 
term ‘‘DRM coverage period’’ in this title 
shall include any extension under this 
clause. 
(ii) 
NOTICE
TO
CONGRESS
AND 
STATES.—The President shall notify the 
majority and minority leaders of the Sen-
ate, the Speaker of the House of Rep-
resentatives, the minority leader of the 
House of Representatives, the Chairs and 
Ranking Members of the Committee on Fi-
nance of the Senate and the Committees 
on Energy and Commerce and Ways and 
Means of the House of Representatives, 
and the States at least 30 days prior to— 
(I) extending the DRM coverage 
period; or
(II) if the President determines 
not to extend such period, the ending 
date described in subparagraph (A). 
(2) POVERTY LINE.—The term ‘‘poverty line’’ 
has the meaning given that term in section 
2110(c)(5) of the Social Security Act (42 U.S.C. 
1397jj(c)(5)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
Subtitle B—Temporary Assistance 
to Needy Families (TANF) 
SEC. 311. REIMBURSEMENT OF STATES FOR TANF BENE-
FITS PROVIDED TO ASSIST FAMILIES FROM 
OTHER STATES AFFECTED BY HURRICANE 
KATRINA. 
(a) IN GENERAL.—Section 3 of the TANF Emer-
gency Response and Recovery Act of 2005 (Public Law 
109–68) is amended to read as follows: 
‘‘SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS 
PROVIDED 
TO 
ASSIST 
FAMILIES 
FROM 
OTHER STATES AFFECTED BY HURRICANE 
KATRINA. 
‘‘(a) ELIGIBILITY FOR PAYMENTS FROM THE CON-
TINGENCY FUND.—
‘‘(1) PERIOD
OF
APPLICABILITY.—Beginning 
with August 29, 2005, and ending with August 31, 
2006, each State that is a direct impact State or a 
State described in paragraph (3) of this subsection 
shall be considered a needy State for purposes of 
section 403(b) of the Social Security Act. 
‘‘(2) DIRECT
IMPACT
STATE.—In this sub-
section, the term ‘direct impact State’ means Lou-
isiana, Mississippi, and Alabama. 
‘‘(3) OTHER STATES.—A State is described in 
this paragraph if the State provides any benefit or 
service, that may be provided under the State pro-
gram funded under part A of title IV of the Social 
Security Act, to a family which— 
‘‘(A) has resided in a direct impact State; 
and 
‘‘(B) has traveled (not necessarily directly) 
to the State from the direct impact State as a 
result of the hurricane. 
‘‘(b) MONTHLY PAYMENTS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
403(b)(3)(C)(i) of the Social Security Act, the total 
amount paid during a month to— 
‘‘(A) a direct impact State, shall not ex-
ceed 1⁄4 of 20 percent of the State family assist-
ance grant (described in section 403(a)(1)(B) of 
such Act); and 
‘‘(B) a State described in subsection 
(a)(3), shall not exceed the lesser of— 
‘‘(i) total amount of benefits or serv-
ices provided under the State program 
funded under part A of title IV of such Act 
to families described in subsection (a)(3); 
or 
‘‘(ii) 1⁄4 of 20 percent of the State 
family assistance grant (as so described). 
‘‘(c) NO STATE MATCH OR MAINTENANCE OF EF-
FORT REQUIRED.—Sections 403(b)(6) and 409(a)(10) of 
the Social Security Act shall not apply with respect to a 
payment made to a State by reason of this section. 
‘‘(d) INCREASE IN FUNDING TO THE EXTENT NEC-
ESSARY.—During the period beginning with August 29, 
2005, and ending with September 30, 2006, section 
403(b)(2) of the Social Security Act shall be applied with-
out regard to the limitation on the total amount specified 
in such section.’’. 
(b) RETROACTIVE EFFECTIVE DATE.—The amend-
ment made by subsection (a) shall take effect as if in-
cluded in the enactment of the TANF Emergency Re-
sponse and Recovery Act of 2005.
SEC. 312. INCREASE IN AMOUNT OF ADDITIONAL TANF 
FUNDS AVAILABLE FOR HURRICANE-DAM-
AGED STATES. 
(a) IN GENERAL.—Section 4(a)(2) of the TANF 
Emergency Response and Recovery Act of 2005 (Public 
Law 109–68) is amended by striking ‘‘20 percent’’ and 
inserting ‘‘40 percent’’. 
(b) RETROACTIVE EFFECTIVE DATE.—The amend-
ment made by subsection (a) shall take effect as if in-
cluded in the enactment of the TANF Emergency Re-
sponse and Recovery Act of 2005. 
SEC. 313. RULES FOR RECEIPT OF HURRICANE KATRINA 
EMERGENCY TANF BENEFITS AND APPLICA-
TION TO CHILD SUPPORT REQUIREMENTS. 
(a) IN GENERAL.—Section 6 of the TANF Emer-
gency Response and Recovery Act of 2005 (Public Law 
109–68) is amended to read as follows: 
‘‘SEC. 6. RULES OF RECEIPT OF HURRICANE KATRINA 
EMERGENCY TANF BENEFITS AND APPLICA-
TION TO CHILD SUPPORT REQUIREMENTS. 
‘‘(a) IN GENERAL.—During the period described in 
section 3(d) of this Act, Hurricane Katrina Emergency 
TANF Benefits provided by a direct impact State (as de-
fined in section 3(a)(2) of this Act), a State described in 
section 3(a)(3) of this Act, or an Indian tribe under a trib-
al family assistance plan approved under section 412 of
the Social Security Act shall not be considered assistance 
for purposes of section 407, paragraphs (2), (3), or (7) 
of section 408(a), or section 454(29) of the Social Security 
Act. 
‘‘(b) HURRICANE KATRINA EMERGENCY TANF BEN-
EFITS.—In subsection (a), the term ‘Hurricane Katrina 
Emergency TANF Benefits’ means any benefit or service 
that may be provided under a State or tribal program 
funded under part A of title IV of the Social Security Act 
to support— 
‘‘(1) a family described in section 3(a)(3) of 
this Act; or 
‘‘(2) a family that— 
‘‘(A) is residing in a direct impact State 
(as defined in section 3(a)(2) of this Act); and 
‘‘(B) the State considers a needy family for 
purposes of the program.’’. 
(c) RETROACTIVE EFFECTIVE DATE.—The amend-
ment made by subsection (a) shall take effect as if in-
cluded in the enactment of the TANF Emergency Re-
sponse and Recovery Act of 2005.
SEC. 314. AUTHORITY TO USE FUNDS IN INDIVIDUAL DE-
VELOPMENT ACCOUNTS FOR CAR OWNER-
SHIP, MAINTENANCE AND INSURANCE. 
(a) ACCOUNTS ESTABLISHED UNDER
THE TANF 
PROGRAM.— 
(1) ADDITIONAL QUALIFIED PURPOSE FOR USE 
OF FUNDS.—Section 404(h)(2)(B) of the Social Se-
curity Act (42 U.S.C. 604(h)(2)(B)) is amended by 
adding at the end the following: 
‘‘(iv) QUALIFIED
AUTOMOTIVE
EX-
PENDITURES.—Qualified automotive ex-
penditures paid from an individual develop-
ment account directly to the persons to 
whom the amounts are due.’’. 
(2) DEFINITION.—Section 404(h)(5) of the So-
cial Security Act (42 U.S.C. 604(h)(5)) is amended 
by adding at the end the following: 
‘‘(J) QUALIFIED
AUTOMOTIVE
EXPENDI-
TURES.—The term ‘qualified automotive ex-
penditures’ means expenditures for the pur-
chase or maintenance of an automobile, or for 
insurance for an automobile.’’. 
(b) ACCOUNTS ESTABLISHED UNDER THE ASSETS 
FOR INDEPENDENCE PROGRAM.—Section 404(8) of the 
Assets for Independence Act (42 U.S.C. 604 note) is 
amended by adding at the end the following:
‘‘(E) QUALIFIED
AUTOMOTIVE
EXPENDI-
TURES.— 
‘‘(i) IN
GENERAL.—Qualified auto-
motive expenditures paid from an indi-
vidual development account directly to the 
persons to whom the amounts are due. 
‘‘(ii) DEFINITION.—In clause (i), the 
term ‘qualified automotive expenditures’ 
means expenditures for the purchase or 
maintenance of an automobile, or for in-
surance for an automobile.’’. 
Subtitle C—Unemployment 
Compensation 
SEC. 321. FEDERAL-STATE AGREEMENTS. 
(a) IN GENERAL.—Any State that is a qualified State 
and that desires to do so may enter into and participate 
in an agreement under this subtitle with the Secretary. 
Any State that is a party to an agreement under this sub-
title may, upon providing 30 days’ written notice to the 
Secretary, terminate such agreement. 
(b) PROVISIONS OF AGREEMENT.—Any agreement 
under subsection (a) shall provide that the State agency 
of the State—
(1) will make payments of regular compensation 
in conformance with the requirements of section 
322; and 
(2) will make payments of emergency extended 
unemployment compensation in conformance with 
the requirements of section 323. 
(c) QUALIFIED STATE.—For purposes of this sub-
title, the term ‘‘qualified State’’ means Alabama, Lou-
isiana, and Mississippi. 
SEC. 322. REQUIREMENTS RELATING TO REGULAR COM-
PENSATION. 
(a) IN GENERAL.—Any agreement under this subtitle 
shall provide that the State agency of the State will make 
payments of regular compensation to individuals in 
amounts and to the extent that they would be determined 
if the State law of such State were applied with the modi-
fication described in subsection (b). 
(b) MODIFICATION DESCRIBED.— 
(1) ADDITIONAL AMOUNT.—In the case of an 
eligible individual, the amount of regular compensa-
tion (including dependents’ allowances) payable for 
any week of unemployment to which such agreement 
applies shall be equal to the amount determined 
under the State law (before the application of this 
paragraph), plus an additional—
(A) 25 percent, or 
(B) $100, 
whichever is greater. 
(2) ELIGIBLE
INDIVIDUAL.—For purposes of 
this section, the term ‘‘eligible individual’’ means an 
individual who— 
(A) is receiving regular compensation 
under the State law of the State that is a party 
to the agreement; and 
(B) at any time during the week before the 
week that includes August 28, 2005, either held 
employment in or resided in an area— 
(i) that is within a qualified State; 
and 
(ii) for which the President has de-
clared a major disaster under the Robert 
T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) as 
a result of Hurricane Katrina. 
(c) NONREDUCTION RULE.—Under the agreement, 
subsection (b) shall not apply (or shall cease to apply) with 
respect to a State upon a determination by the Secretary 
that the method governing the computation of regular 
compensation under the State law of such State has been 
modified in a way such that—
(1) the average weekly amount of regular com-
pensation which will be payable during the period of 
the agreement (determined disregarding the modi-
fication described in subsection (b)) will be less than 
(2) the average weekly amount of regular com-
pensation which would otherwise have been payable 
during such period under such State law, as in effect 
on August 28, 2005. 
(d) COORDINATION RULE.—The modification de-
scribed in subsection (b) shall also apply in determining 
the amount of benefits payable under any Federal law, to 
any eligible individual, to the extent that those benefits 
are determined by reference to regular compensation pay-
able under the State law of the State involved. 
SEC. 323. REQUIREMENTS RELATING TO EMERGENCY EX-
TENDED UNEMPLOYMENT COMPENSATION. 
(a) IN GENERAL.—Any agreement under this subtitle 
shall provide that the State agency of the State will, for 
any weeks of unemployment to which such agreement ap-
plies, make payments of emergency extended unemploy-
ment compensation under this subtitle to individuals 
who— 
(1) have exhausted all rights to regular com-
pensation under the State law or under Federal law,