Hurricane Katrina Related Legislation
This memo provides a brief summary of the laws that were passed in response to
Hurricane Katrina that relate to the American Bar Association’s policy adopted on
February 13, 2006.
According to the Senate Budget Committee, Congress has enacted legislation, including
tax changes, appropriations bills and other assistance that will cost approximately $103.2
billion over five years. Of this amount, $67.5 billion has come through a series of
supplemental appropriations packages: P.L. 109-61, enacted four days after the hurricane
hit last August; P.L. 109-62, enacted in September 2005; and PL 109-148, enacted in
December as part of the FY 2006 Defense Appropriations law. PL 110-28, 121 (S. 965,
H.R. 2206), called The Fiscal 2007 Emergency Iraq/Hurricane Supplemental
Appropriations Act, directs a great deal of appropriations toward Katrina recovery
programs. This is achieved by providing additional appropriations to the Department of
Justice, the Department of Defense, the Small Business Administration, the Department
of Homeland Security, the Department of the Interior, the Department of Health and
Human, the Legislative Branch, the Department of Defense, and the Department of
Transportation for the purpose of adding the situation in areas affected by the disaster.
Flood Control and Redevelopment
The first resolution in the policy adopted by the ABA in response to Hurricane Katrina
urges the federal government to take action and appropriately fund flood control plans
and redevelopment plans for the Gulf Region.
Emergency Supplemental Appropriations
 P.L. 109-61 (H.R. 3645) Emergency Supplemental Appropriations for
Hurricane Katrina. Provides a total of $10.5 billion for relief for Hurricane
Katrina.
$10 billion to the Department of Homeland Security (FEMA is
housed in DHS) for “Disaster Relief”
$500 million to the Department of Defense.
 P.L. 109-62 (H.R. 3673) Second Emergency Supplemental Appropriations for
Hurricane Katrina. Provides an additional $51.8 billion for Katrina relief
efforts. This includes:
$50 billion to the Department of Homeland Security for “Disaster
Relief”
$1.4 billion for the Department of Defense
$400 million for the Army Corps of Engineers.
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P.L. 109-148 (H.R. 2863) FY 2006 Defense Appropriations. Provides a total
of $29 Billion for Hurricane Relief ($23.4B of that is reallocated from DHS/
FEMA that was provided in the earlier Supplemental bills). Highlights
include:
$11.5 billion for Community Development Block Grants
(housing and community development repair)
$2.9 billion for Army Corps of Engineers (levee repair)
$4.4 billion for the Defense Department
$2.8 billion for Transportation Department (highway, road and
bridge repair)
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P.L.109-234 (H.R. 4939) Emergency Supplemental. Provides $19.8 billion
for hurricane relief (including Katrina, Rita and Wilma). Highlights include:
$6 billion for the Federal Emergency Management Agency
(FEMA) Disaster Relief Fund
$5.2 billion for Community Development Block Grants
$3.7 billion for the Army Corps of Engineers
$1.5 billion for the Defense Department
H.R. 1144 - Hurricanes Katrina and Rita Federal Match Relief Act 2007 and
the Local Government Disaster Relief Act of 2007 (S.664) waive the nonfederal share of the cost of certain disaster assistance provided in connection
with Hurricanes Katrina and Rita.
S. 293 - Extends the period in which states may spend funds from the
additional allotments, provided to states under the Social Services Block
Grants program, for necessary expenses related to the consequences of
hurricane Katrina and other hurricanes in the Gulf of Mexico.
FEMA Borrowing Authority for the National Flood Insurance Program
 P.L. 109-65 (H.R. 3669) temporarily increases the borrowing authority of
FEMA for National Flood Insurance Program.
 P.L. 109-106 (H.R. 4133) temporarily increases the borrowing authority of
FEMA for carrying out the National Flood Insurance Program.
 P.L. 109-208 (S. 2275) temporarily increases the borrowing authority of
FEMA for carrying out the National Flood Insurance Program.
Additional Redevelopment Legislation
 P.L. 109-87 (S. 1786) authorizes the Secretary of Transportation to make
emergency airport improvement project grants in aid under Title 49 for repairs
and costs related to damage from Hurricane Katrina.
 P.L. 109-88 (S. 1858) provides for community disaster loans.
 P.L. 109-135 (H.R. 4440) amends the Internal Revenue Code to provide tax
benefits for the Gulf Opportunity Zone.
 P.L. 109-139 (H.R. 4324) amends the Stafford Act to reauthorize the predisaster mitigation program.
 P.L. 109-218 amends the Stafford Act to clarify the preference for local firms
in the award of contracts for disaster relief activities.
 H.R. 730 - Provides funds to certain state and local governments to pay for
utility costs resulting from the provision of temporary housing units to
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evacuees from Hurricane Katrina and other hurricanes of the 2005 season.
Soon after related bills H.R. 858, S. 517, and S. 523 were introduced. Each of
these bills seeks to amend the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror and Hurricane Recovery, 2006 to
authorize the Federal Emergency Management Agency (FEMA) to provide
additional assistance to state and local governments for utility costs resulting
from the provision of temporary housing units to evacuees from Hurricane
Katrina and other hurricanes.
H Res 551- The House introduced a resolution acknowledging the progress
made and yet to be made to rebuild the Gulf Coast region after Hurricanes
Katrina and Rita.
S. 745 - Gulf Coast Export Recovery Act of 2007 directs the Secretary of
Commerce to hire one additional full-time international trade specialist for the
United States Export Assistance Center in New Orleans, Louisiana. The bill
also directs the Administrator of the Small Business Administration (SBA) to
hire to the Office of International Trade of the SBA an additional full-time
international finance specialist who shall be located at the Center to carry out
export promotion activities in Louisiana, Mississippi, and Alabama.
Civil and Criminal Justice Systems
The second resolution in the policy adopted by the ABA in response to Hurricane Katrina
urges the federal government, among other entities, to take all steps necessary to ensure
that the civil and criminal justice systems in the affected states have the necessary
resources to maintain the rule of law.
Emergency Judicial Issues
 P.L. 109-63 (H.R. 3650) To allow US courts to conduct business during
emergency conditions
 P.L. 109-449 (S. 1736) provides for the participation of employees in the
judicial branch in the federal leave program for disasters and emergencies.
 H.R. 1602 - The Hurricanes Katrina and Rita Environmental Justice Act of
2007 defines "environmental justice" to mean “the fair treatment of people of
all races, cultures, and socioeconomic groups with respect to the development,
adoption, implementation, and enforcement of laws and policies affecting the
environment.” The bill requires the heads of federal agencies to make
achieving environmental justice part of their missions by identifying and
addressing disproportionately high and adverse effects of their programs on
minority, low-income populations in the area affected by Hurricanes Katrina
and Rita.
Investigations of the Response to Hurricane Katrina
The fourth resolution in the policy adopted by the ABA in response to Hurricane Katrina
urges Congress to investigate the response to Hurricane Katrina.
Investigations
 H. Res. 437 – established the Select Bipartisan Committee to Investigate the
Preparation for and Response to Hurricane Katrina. The Committee was
chaired by Rep. Tom Davis (R-VA) and issued its findings on February 15,
2006 in a report entitled A Failure of Initiative: The Final Report of the Select
Bipartisan Committee to Investigate the Preparation for and Response to
Hurricane Katrina – it can be found at http://katrina.house.gov/
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The Senate Governmental Affairs conducted its own investigation into
preparedness and response issues relating to Hurricane Katrina and on May 2,
2006 issued a report entitled Hurricane Katrina: A Nation Still Unprepared it can be found at http://hsgac.senate.gov/_files/Katrina/FullReport.pdf
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The General Accounting Office, the investigative arm of Congress, studied
Hurricane Katrina response issues and on June 8, 2006 issued a report entitled
Hurricanes Katrina and Rita: Coordination Between FEMA and the Red
Cross Should Be Improved for the 2006 Hurricane Season – it can be found at
http://www.gao.gov/new.items/d06712.pdf
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H.R. 265 - The Hurricane Katrina Disaster Inquiry Commission Act 2007
provides for the establishment of an independent, presidentially-appointed
commission to assess the circumstances related to the damage caused by
Hurricane Katrina.
Pets and Emergency Response Plans
The sixth resolution in the policy adopted by the ABA in response to Hurricane Katrina
supports the principle that emergency preparedness plans should take into account the
needs of individuals with household pets or services animals.
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P. L.109-308, the Pets Evacuation and Transportation Standards Act passed
the House on May 22, 2006 and is awaiting action in the Senate. The
legislation amends the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to ensure that state and local emergency preparedness
operational plans address the needs of individuals with household pets and
service animals following a major disaster or emergency.
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S. Res. 251 - passed the Senate – the resolution expresses the sense of the
Senate that the President should ensure that federal response and recovery
efforts for Hurricane Katrina include consideration for animal rescue and care.
No new action through July 13, 2006.
Relief to Individuals
The seventh resolution in the policy adopted by the ABA in response to Hurricane
Katrina urges the federal and state governments to act to afford relief to individuals,
businesses and property owners from legal deadlines or requirements that adversely
affect the parties because of losses or injuries suffered as a result of the hurricanes.
Individual & Business Relief
 P.L. 109-68 (H.R. 3672) TANF assistance to states.
 P.L. 109-72 (H.R. 3761) special rules for disaster relief employment.
 P.L. 109-82 (H.R. 3864) assists individuals with disabilities affected by
Hurricane Katrina through vocational rehabilitation services.
 P.L. 109-91 (H.R. 3971) provides assistance to individuals and states affected
by Hurricane Katrina including $500 million to Louisiana, Alabama and
Mississippi to help pay unemployment benefits for their residents, extends a
program providing transitional Medicaid coverage for recipients leaving
welfare and moving into work, and another that provides grants to groups that
teach abstinence-only sex education, and other for Medicare premiums for
low-income seniors.
 P.L. 109-141 (H.R. 4508) provides temporary relief to certain persons affected
by the Hurricane with respect to certain laws administered by the Coast
Guard.
 P.L. 109-171 (S. 1932) Deficit Reduction Act. Provides increased spending
totaling $2.1 billion to cover health-care costs related to Hurricane Katrina.
 P.L. 109-174 (H.R. 4745) makes supplemental appropriations for the SBA
disaster loan program.
 P.L. 109-176 (S. 1777) allows workers in areas hit by the hurricanes to collect
unemployment insurance for 39 weeks, instead of the standard 26.
 H.R. 639 - Designates disaster areas associated with hurricanes Katrina and
Rita as historically underutilized business zones (HUBZones).
 H.R. 1227 (H Res 254) Gulf Coast Hurricane Housing Recovery Act of 2007
is a bill to assist in the provision of affordable housing to low-income families
affected by Hurricane Katrina.
 S. 539 - Helping our States Through Tourism Act of 2007 directs the
Secretary of Commerce to establish a grant program to assist relevant tourism
entities to promote travel and tourism in Louisiana and Mississippi to negate
the effects of Hurricanes Katrina and Rita on travel and tourism there.
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S. 537 and H.R. 1243 - Gulf Coast Back to Business Act 2007 authorizes
appropriations for the Economic Development Administration of the
Department of Commerce for grants to appropriate state government agencies
in Louisiana and Mississippi for small businesses located in disaster areas
caused by Hurricanes Katrina or Rita. H.R. 1411 - The Emergency Gulf Coast
Child Care Construction and Rebuilding Act amends the Housing and
Community Development Act of 1974 to authorize the use of community
development block grants to construct and renovate child care facilities
located in any major disaster area resulting from Hurricane Katrina or Rita.
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H.R.1468 - The Disadvantaged Business Disaster Eligibility Act permits any
small business that was participating in a Small Business Administration
(SBA) business development program located in areas affected by Hurricane
Katrina to continue participation and eligibility in such program for an
additional 18 months.
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H.R. 1599 - The Expanding, Rebuilding and Improving Access to Qualified
Health Care Professionals in Hurricanes Katrina and Rita Areas Act amends
the Public Health Service Act to require the Secretary of Health and Human
Services to establish a “Hurricanes Katrina and Rita Public Health Workforce
Scholarship Program” to ensure an adequate supply of public health
professionals in areas directly affected by Hurricane Katrina or Rita. The bill
also creates the “Hurricanes Katrina and Rita Public Health Workforce Loan
Repayment Program” for individuals agreeing to work at a public health
agency. The bill includes provisions for additional loan repayment incentive
amount for working in a Hurricane Katrina or Rita priority service area.
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P.L. 109-64 (H.R. 804) excludes from income certain payments under the
national flood insurance program.
P.L. 109-73 (H.R. 3768) provides emergency tax relief for persons affected by
Hurricane Katrina.
Tax
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Education
 P.L. 109-66 (H.R. 3169) provides the Secretary of Education with waiver
authority for students who are eligible for Pell Grants who are adversely
affected by a natural disaster.
 P.L. 109-67 (H.R. 3668) provides the Secretary of Education with waiver
authority for students who are eligible for Federal student grant assistance
who are adversely affected by a major disaster.
 P.L. 109-86 (H.R. 3863) provides the Secretary of Education with waiver
authority for the reallocation rules in the Campus-Based Aid programs and
extends the deadline by which funds have to be re-allocated to institutions of
higher education due to a natural disaster.
 H.R. 1262 - Permits the Secretary of Education to continue to waive certain
regulatory requirements with respect to the use of aid funds for restarting
school operations after Hurricanes Katrina and Rita.
 H.R. 1372, S. 808 - The “Revitalizing New Orleans by Attracting America’s
Leaders (RENEWAAL) Act of 2007” directs the Secretary of Education to
award grants to Louisiana, Mississippi, and Alabama for their use in providing
competitive subgrants to local educational agencies that serve areas in which a
major disaster was declared due to Hurricane Katrina or Rita.
Federal Flood Insurance
The eighth resolution in the policy adopted by the ABA in response to Hurricane Katrina
urges Congress to re-examine all aspects of the federal flood insurance program. In the
aftermath of Hurricane Katrina, the House Financial Services Committee and the Senate
Banking Committee have held numerous hearings on the future of the federal flood
insurance program. Reform legislation has not been adopted into law, but there are
proposals pending in both bodies.
Flood Insurance Reform
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H.R. 3121: The Flood Insurance Reform and Modernization Act of 2007
On July 26, 2007 the House Financial Services Committee marked up the Flood
Insurance Reform and Modernization Act of 2007 (H.R. 3121). The legislation
combined the National Flood Insurance Program (H.R. 1682) with The Multiple
Peril Insurance Act of 2007 (H.R. 920). The major change that resulted by joining
these two bills was that federal wind insurance programs are now legislatively
linked with flood insurance. The bill met a great deal of opposition from several
Republicans who suggested the inclusion of wind insurance would delay “much
needed reform” of the current flood insurance program. Another concern from the
GOP was that the federal government would never be as efficient or successful as
the private insurance market. Of the three amendments offered by Republican
committee members to strike the wind insurance language from the bill, all were
defeated. During the mark-up session a number of amendments relating to the
FEMA flood maps were added. The bill, as amended, was reported favorably to
the House by a vote of 38 to 29.
Other Significant Legislation ( added 7/ 13/ 06)
Two other bills deserve mention: if passed, they will have major implications for any
work your Special Committee might undertake.
H.R. 5316: FEMA Reorganization: To reestablish the Federal Emergency
Management Agency as a cabinet-level independent establishment in the executive
branch that is responsible for the Nation's preparedness for, response to, recovery from,
and mitigation against disasters, and for other purposes.
Sponsor: Rep Young, Don [AK] (introduced 5/9/2006)
Cosponsors (103)
Related Bills:
H.R.3656, H.R.3659, H.R.3685, H.R.3816, H.R.4493, S.1615, S.2302
Latest Major Action: Placed on the Union Calendar, December 8, 2006
S. 3595: Emergency Management Authority: A bill to amend the Homeland Security
Act of 2002 to establish the United States Emergency Management Authority, and for
other purposes.
Sponsor: Sen Collins, Susan M. [ME] (introduced 6/28/2006
Latest Major Action: 6/28/2006 Status: Read twice and referred to the Committee
on Homeland Security and Governmental Affairs. (No new action as of July 24,
2007).
There is no summary available, so I am including a list of its title so you can get
some idea of the issues it covers.
S.3595
United States Emergency Management Authority Act of 2006 (Introduced in Senate)
Beginning
June 28, 2006
SECTION 1. SHORT TITLE.
SEC. 2. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.
`TITLE V--NATIONAL PREPAREDNESS AND RESPONSE';
`SEC. 501. DEFINITIONS.
`SEC. 502. UNITED STATES EMERGENCY MANAGEMENT AUTHORITY.
`SEC. 503. AUTHORITIES AND RESPONSIBILITIES.
`SEC. 504. AUTHORITY COMPONENTS.
`SEC. 505. PRESERVING THE UNITED STATES EMERGENCY MANAGEMENT
AUTHORITY.
`SEC. 506. DIRECTORS.
`SEC. 507. REGIONAL OFFICES.
`SEC. 508. NATIONAL ADVISORY COUNCIL ON EMERGENCY PREPAREDNESS
AND RESPONSE.
`SEC. 509. NATIONAL INCIDENT MANAGEMENT SYSTEM INTEGRATION
CENTER.
`SEC. 510. NATIONAL OPERATIONS CENTER.
`SEC. 511. CHIEF MEDICAL OFFICER.
`SEC. 512. PUBLIC AND COMMUNITY PREPAREDNESS.
`SEC. 513. SAVER PROGRAM.
`SEC. 514. NATIONAL SEARCH AND RESCUE RESPONSE SYSTEM.
`SEC. 515. METROPOLITAN MEDICAL RESPONSE SYSTEM.
`SEC. 516. EMERGENCY MANAGEMENT ASSISTANCE COMPACT
AUTHORIZATION.
`SEC. 517. OFFICE FOR THE PREVENTION OF TERRORISM.
`SEC. 518. DEPARTMENT OFFICIALS.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
`TITLE V--NATIONAL PREPAREDNESS AND RESPONSE
SEC. 5. EFFECTIVE DATE.
Prepared by Legislative Counsel Kerry Lawrence on June 15, 2006.
Updated by Taylor-Lee Wickersham, GAO Intern, on July 24, 2007.