H. R. 2863—113

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act or accompanying reports 

for the relevant fiscal year covering such account or item, 

or for accounts and items not included in appropriation Acts, 

as delineated in the most recently submitted President’s 

budget). 

(c) EXCEPTIONS.—This section shall not apply—

(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th 

Congress), the concurrent resolution on the budget for fiscal 

year 2006; or 

(2) to discretionary authority appropriated or otherwise 

made available to the Department of Veterans Affairs. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 

of the House of Representatives and the Senate a report specifying 

the account and amount of each rescission made pursuant to this 

section. 

TITLE IV—HURRICANE EDUCATION 

RECOVERY ACT 

Subtitle A—Elementary and Secondary 

Education Hurricane Relief 

SEC. 101. FINDINGS; DEFINITIONS. 

(a) FINDINGS.—Congress finds the following: 

(1) Hurricane Katrina and Hurricane Rita have had a 

devastating and unprecedented impact on students who 

attended schools in the disaster areas. 

(2) Due to the devastating effects of Hurricane Katrina 

and Hurricane Rita, a significant number of students have 

enrolled in schools outside of the area in which they resided, 

including a significant number of students who enrolled in 

non-public schools because their parents chose to enroll them 

in such schools. 

(3) 372,000 students were displaced by Hurricane Katrina. 

Approximately 700 schools have been damaged or destroyed. 

Nine States each have more than 1,000 of such displaced students enrolled in their schools. In Texas alone, over 45,000 

displaced students have enrolled in schools. 

(4) In response to these extraordinary conditions, this subtitle creates a one-time only emergency grant for the 2005–

2006 school year tailored to the needs and particular circumstances of students displaced by Hurricane Katrina and 

Hurricane Rita. 

(5) The level and type of assistance provided under this 

subtitle, both for students attending public schools and students 

attending non-public schools, is made available solely because 

of the unprecedented nature of the crisis, the massive dislocation of students, and the short duration of the services or 

assistance. 
H. R. 2863—114

(b) DEFINITIONS.—Unless otherwise specified in this subtitle, 

the terms used in this subtitle have the meanings given the terms 

in section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801). 

SEC. 102. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS. 

(a) PURPOSE.—It is the purpose of this section— 

(1) to provide immediate services or assistance to local 

educational agencies and non-public schools in Louisiana, Mississippi, Alabama, and Texas that serve an area in which 

a major disaster has been declared in accordance with section 

401 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina 

or Hurricane Rita; and 

(2) to assist school administrators and personnel of such 

agencies or non-public schools with expenses related to the 

restart of operations in, the re-opening of, and the re-enrollment 

of students in, elementary schools and secondary schools in 

such areas. 

(b) PAYMENTS AUTHORIZED.—From amounts appropriated to 

carry out this subtitle, the Secretary of Education is authorized 

to make payments, on such basis as the Secretary determines 

appropriate, taking into consideration the number of students who 

were enrolled, during the 2004–2005 school year, in elementary 

schools and secondary schools that were closed on September 12, 

2005, as a result of Hurricane Katrina or on October 7, 2005, 

as a result of Hurricane Rita, to State educational agencies in 

Louisiana, Mississippi, Alabama, and Texas to enable such agencies 

to provide services or assistance to local educational agencies or 

non-public schools serving an area in which a major disaster has 

been declared in accordance with section 401 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170), related to Hurricane Katrina or Hurricane Rita. 

(c) ELIGIBILITY, CONSIDERATION, AND EQUITY.— (1) ELIGIBILITY AND CONSIDERATION.—From the payment 

provided by the Secretary of Education under subsection (b), 

the State educational agency shall provide services and assistance to local educational agencies and non-public schools, consistent with the provisions of this section. In determining the 

amount to be provided for services or assistance under this 

section, the State educational agency shall consider the following: 

(A) The number of school-aged children served by the 

local educational agency or non-public school in the academic year preceding the academic year for which the 

services or assistance are provided. 

(B) The severity of the impact of Hurricane Katrina 

or Hurricane Rita on the local educational agency or nonpublic school and the extent of the needs in each local 

educational agency or non-public school in Louisiana, Mississippi, Alabama, and Texas that is in an area in which 

a major disaster has been declared in accordance with 

section 401 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5170), related to 

Hurricane Katrina or Hurricane Rita. 

(2) EQUITY.—Educational services and assistance provided 

for eligible non-public school students under paragraph (1) shall 
H. R. 2863—115

be equitable in comparison to the educational services and 

other benefits provided for public school students under this 

section, and shall be provided in a timely manner. 

(d) APPLICATIONS.—Each local educational agency or non-public 

school desiring services or assistance under this section shall submit 

an application to the State educational agency at such time, in 

such manner, and accompanied by such information as the State 

educational agency may reasonably require to ensure expedited 

and timely provision of services or assistance to the local educational 

agency or non-public school. 

(e) USES OF FUNDS.— 

(1) IN GENERAL.—A local educational agency or non-public 

school receiving services or assistance from the State educational agency under this section shall use such services or 

assistance for— 

(A) recovery of student and personnel data, and other 

electronic information; 

(B) replacement of school district information systems, 

including hardware and software; 

(C) financial operations; 

(D) reasonable transportation costs; 

(E) rental of mobile educational units and leasing of 

neutral sites or spaces; 

(F) initial replacement of instructional materials and 

equipment, including textbooks; 

(G) redeveloping instructional plans, including curriculum development; 

(H) initiating and maintaining education and support 

services; and 

(I) such other activities related to the purpose of this 

section that are approved by the Secretary. 

(2) USE WITH OTHER AVAILABLE FUNDS.—A local educational 

agency or non-public school receiving services or assistance 

under this section may use such services or assistance in 

coordination with other Federal, State, or local funds available 

for the activities described in paragraph (1). 

(3) SPECIAL RULES.—

(A) PROHIBITION.—Services or assistance provided 

under this section shall not be used for construction or 

major renovation of schools. 

(B) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES

OR ASSISTANCE.—Services or assistance provided under this 

section, including equipment and materials, shall be secular, neutral, and nonideological. 

(f) SUPPLEMENT NOT SUPPLANT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), services or assistance made available under this section shall be 

used to supplement, not supplant, any funds made available 

through the Federal Emergency Management Agency or 

through a State. 

(2) EXCEPTION.—Paragraph (1) shall not prohibit the provision of Federal assistance under this section to an eligible 

State educational agency, local educational agency, or nonpublic school that is or may be entitled to receive, from another 

source, benefits for the same purposes as under this section 

if— 
H. R. 2863—116

(A) such State educational agency, local educational 

agency, or school has not received such other benefits by 

the time of application for Federal assistance under this 

section; and 

(B) such State educational agency, local educational 

agency, or school agrees to repay all duplicative Federal 

assistance received to carry out the purposes of this section. 

(g) DEFINITION OF NON-PUBLIC SCHOOL.—The term ‘‘non-public 

school’’ means a non-public elementary school or secondary school 

that—

(1) is accredited or licensed or otherwise operates in accordance with State law; and 

(2) was in existence prior to August 22, 2005. 

(h) ASSISTANCE TO NON-PUBLIC SCHOOLS.— (1) FUNDS AVAILABILITY.—From the payment provided by 

the Secretary of Education under subsection (b) to a State 

educational agency, the State educational agency shall reserve 

an amount of funds, to be made available to non-public schools 

in the State, that is not less than an amount that bears the 

same relation to the payment as the number of non-public 

elementary schools and secondary schools in the State bears 

to the total number of non-public and public elementary schools 

and secondary schools in the State. The number of such schools 

shall be determined by the National Center for Education 

Statistics Common Core of Data for the 2003–2004 school year. 

Such funds shall be used for the provision of services or assistance at non-public schools, except as provided in paragraph 

(2). 

(2) SPECIAL RULE.—If funds made available under paragraph (1) remain unobligated 120 days after the date of enactment of this Act, such funds may be used to provide services 

or assistance under this section to local educational agencies 

or non-public schools. 

(3) PUBLIC CONTROL OF FUNDS.—The control of funds for 

the services and assistance provided to a non-public school 

under paragraph (1), and title to materials, equipment, and 

property purchased with such funds, shall be in a public agency, 

and a public agency shall administer such funds, materials, 

equipment, and property and shall provide such services (or 

may contract for the provision of such services with a public 

or private entity). 

SEC. 103. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES 

SERVING MAJOR DISASTER AREAS. 

In the case of a local educational agency that serves an area 

in which the President has declared that a major disaster exists 

in accordance with section 401 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170), related 

to Hurricane Katrina or Hurricane Rita, the amount made available 

for such local educational agency under each of sections 1124, 

1124A, 1125, and 1125A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for 

fiscal year 2006 shall be not less than the amount made available 

for such local educational agency under each of such sections for 

fiscal year 2005. 

SEC. 104. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY. 

(a) TEACHER AND PARAPROFESSIONAL RECIPROCITY.— 
H. R. 2863—117

(1) TEACHERS.— 

(A) AFFECTED TEACHER.—In this subsection, the term 

‘‘affected teacher’’ means a teacher who is displaced due 

to Hurricane Katrina or Hurricane Rita and relocates to 

a State that is different from the State in which such 

teacher resided on August 22, 2005. 

(B) RECIPROCITY.—

(i) TEACHERS.—A local educational agency may 

consider an affected teacher hired by such agency who 

is not highly qualified in a core academic subject in 

the State in which such agency is located to be highly 

qualified in the same core academic subject or area, 

for purposes of section 1119 of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6319), 

for the 2005–2006 school year, if such teacher was 

highly qualified, consistent with section 9101(23) of 

the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801(23)), on or before August 22, 2005, 

in the State in which such teacher resided on August 

22, 2005. 

(ii) SPECIAL EDUCATION TEACHERS.—A local educational agency may consider an affected special education teacher hired by such agency who is not highly 

qualified in the State in which such agency is located 

to be highly qualified, for purposes of section 612(a)(14) 

of the Individuals with Disabilities Education Act (20 

U.S.C. 1412(a)(14)), for the 2005–2006 school year, if 

such teacher was highly qualified, consistent with section 602(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)), on or before August 

22, 2005, in the State in which such teacher resided 

on August 22, 2005. 

(2) PARAPROFESSIONAL.— (A) AFFECTED PARAPROFESSIONAL.—In this subsection, 

the term ‘‘affected paraprofessional’’ means a paraprofessional who is displaced due to Hurricane Katrina or Hurricane Rita and relocates to a State that is different from 

the State in which such paraprofessional resided on August 

22, 2005. 

(B) RECIPROCITY.—A local educational agency may consider an affected paraprofessional hired by such agency 

who does not satisfy the requirements of section 1119(c) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6319(c)) in the State in which such agency 

is located to satisfy such requirements, for purposes of 

such section, for the 2005–2006 school year, if such paraprofessional satisfied such requirements on or before 

August 22, 2005, in the State in which such paraprofessional resided on August 22, 2005. 

(b) DELAY.—The Secretary of Education may delay, for a period 

not to exceed 1 year, applicability of the requirements of paragraphs 

(2) and (3) of section 1119(a) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 

612(a)(14)(C) of the Individuals with Disabilities Education Act 

(20 U.S.C. 1412(a)(14)(C)) with respect to the States of Alabama, 

Louisiana, Texas, and Mississippi (and local educational agencies 

within the jurisdiction of such States), if any such State or local 
H. R. 2863—118

educational agency demonstrates that a failure to comply with 

such requirements is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of local educational agencies 

within the State. 

SEC. 105. REGULATORY AND FINANCIAL RELIEF. 

(a) WAIVER AUTHORITY.—Subject to subsections (b) and (c), 

in providing any grant or other assistance, directly or indirectly, 

to an entity in an affected State in which a major disaster has 

been declared in accordance with section 401 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170), related to Hurricane Katrina or Hurricane Rita, the Secretary 

of Education may, as applicable, waive or modify, in order to ease 

fiscal burdens, any requirement relating to the following: 

(1) Maintenance of effort. 

(2) The use of Federal funds to supplement, not supplant, 

non-Federal funds. 

(3) Any non-Federal share or capital contribution required 

to match Federal funds provided under programs administered 

by the Secretary of Education. 

(b) DURATION.—A waiver under this section shall be for the 

fiscal year 2006. 

(c) LIMITATIONS.— (1) RELATION TO IDEA.—Nothing in this section shall be 

construed to waive or modify any provision of the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

(2) MAINTENANCE OF EFFORT.—If the Secretary grants a 

waiver or modification under this section waiving or modifying 

a requirement relating to maintenance of effort for fiscal year 

2006, the level of effort required for fiscal year 2007 shall 

not be reduced because of the waiver or modification. 

SEC. 106. ASSISTANCE FOR HOMELESS YOUTH. 

(a) IN GENERAL.—The Secretary of Education shall provide 

assistance to local educational agencies serving homeless children 

and youths displaced by Hurricane Katrina or Hurricane Rita, 

consistent with section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433), including identification, enrollment 

assistance, assessment and school placement assistance, transportation, coordination of school services, supplies, referrals for health, 

mental health, and other needs. 

(b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 

(1) EXCEPTION.—For purposes of providing assistance under 

subsection (a), subsections (c) and (e)(1) of section 722 and 

subsections (b) and (c) of section 723 of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 

11433(b) and (c)) shall not apply. 

(2) DISBURSEMENT.—The Secretary of Education shall disburse funding provided under subsection (a) to State educational agencies based on demonstrated need, as determined 

by the Secretary, and such State educational agencies shall 

distribute funds, that are appropriated under section 109 and 

available to carry out this section, to local educational agencies 

based on demonstrated need, for the purposes of carrying out 

section 723 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11433). 
H. R. 2863—119

SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS. 

(a) TEMPORARY EMERGENCY IMPACT AID AUTHORIZED.— (1) AID TO STATE EDUCATIONAL AGENCIES.—From amounts 

appropriated to carry out this subtitle, the Secretary of Education shall provide emergency impact aid to State educational 

agencies to enable the State educational agencies to make 

emergency impact aid payments to eligible local educational 

agencies and eligible BIA-funded schools to enable— 

(A) such eligible local educational agencies and schools 

to provide for the instruction of students served by such 

agencies and schools; and 

(B) such eligible local educational agencies to make 

immediate impact aid payments to accounts established 

on behalf of displaced students (referred to in this section 

as ‘‘accounts’’) who are attending eligible non-public schools 

located in the areas served by the eligible local educational 

agencies. 

(2) AID TO LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED

SCHOOLS.—A State educational agency shall make emergency 

impact aid payments to eligible local educational agencies and 

eligible BIA-funded schools in accordance with subsection (d). 

(3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES.—

In the case of the States of Louisiana and Mississippi, the 

State educational agency shall carry out the activities of eligible 

local educational agencies that are unable to carry out this 

section, including eligible local educational agencies in such 

States for which the State exercises the authorities normally 

exercised by such local educational agencies. 

(4) NOTICE OF FUNDS AVAILABILITY.—Not later than 14 

calendar days after the date of enactment of this Act, the 

Secretary of Education shall publish in the Federal Register 

a notice of the availability of funds under this section. 

(b) DEFINITIONS.—In this section: 

(1) DISPLACED STUDENT.—The term ‘‘displaced student’’ 

means a student who enrolled in an elementary school or 

secondary school (other than the school that the student was 

enrolled in, or was eligible to be enrolled in, on August 22, 

2005) because such student resides or resided on August 22, 

2005, in an area for which a major disaster has been declared 

in accordance with section 401 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170), related 

to Hurricane Katrina or Hurricane Rita. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The term 

‘‘eligible local educational agency’’ means a local educational 

agency that serves— 

(A) an elementary school or secondary school (including 

a charter school) in which there is enrolled a displaced 

student; or 

(B) an area in which there is located an eligible nonpublic school. 

(3) ELIGIBLE NON-PUBLIC SCHOOL.—The term ‘‘eligible nonpublic school’’ means a non-public elementary school or secondary school that— 

(A) is accredited or licensed or otherwise operates in 

accordance with State law; 

(B) was in existence on August 22, 2005; and 
H. R. 2863—120

(C) serves a displaced student on behalf of whom an 

application for an account has been made pursuant to 

subsection (c)(2)(A)(ii). 

(4) ELIGIBLE BIA-FUNDED SCHOOL.—In this section, the term 

‘‘eligible BIA-funded school’’ means a school funded by the 

Bureau of Indian Affairs in which there is enrolled a displaced 

student. 

(c) APPLICATION.— 

(1) STATE EDUCATIONAL AGENCY.—A State educational 

agency that desires to receive emergency impact aid under 

this section shall submit an application to the Secretary of 

Education, not later than 7 calendar days after the date by 

which an application under paragraph (2) must be submitted, 

in such manner, and accompanied by such information as the 

Secretary of Education may reasonably require, including— 

(A) information on the total displaced student child 

count of the State provided by eligible local educational 

agencies in the State and eligible BIA-funded schools in 

the State under paragraph (2); 

(B) a description of the process for the parent or 

guardian of a displaced student enrolled in a non-public 

school to indicate to the eligible local educational agency 

serving the area in which such school is located that the 

student is enrolled in such school; 

(C) a description of the procedure to be used by an 

eligible local educational agency in such State to provide 

payments to accounts; 

(D) a description of the process to be used by an eligible 

local educational agency in such State to obtain— 

(i) attestations of attendance of eligible displaced 

students from eligible non-public schools, in order for 

the local educational agency to provide payments to 

accounts on behalf of eligible displaced students; and 

(ii) attestations from eligible non-public schools 

that accounts are used only for the purposes described 

in subsection (e)(1); 

(E) the criteria, including family income, used to determine the eligibility for and the amount of assistance under 

this section provided on behalf of a displaced student 

attending an eligible non-public school; and 

(F) the student count for displaced students attending 

eligible non-public schools. 

(2) LOCAL EDUCATIONAL AGENCIES AND BIA-FUNDED

SCHOOLS.—An eligible local educational agency or eligible BIAfunded school that desires an emergency impact aid payment 

under this section shall submit an application to the State 

educational agency, not later than 14 calendar days after the 

date of the publication of the notice described in subsection 

(a)(4), in such manner, and accompanied by such information 

as the State educational agency may reasonably require, 

including documentation submitted quarterly for the 2005–2006 

school year that indicates the following: 

(A) In the case of an eligible local educational agency— 

(i) the number of displaced students enrolled in 

the elementary schools and secondary schools 

(including charter schools and including the number 
H. R. 2863—121

of displaced students who are children with disabilities) 

served by such agency for such quarter; 

(ii) the number of displaced students for whom 

the eligible local educational agency expects to provide 

payments to accounts under subsection (d)(3) (including 

the number of displaced students who are children 

with disabilities) for such quarter who meet the following criteria—

(I) the displaced student enrolled in an eligible 

non-public school prior to the date of enactment 

of this Act; 

(II) the parent or guardian of the displaced 

student chose to enroll the student in the eligible 

non-public school in which the student is enrolled; 

and 

(III) the parent or guardian of the displaced 

student submitted, in a timely manner that allows 

the local educational agency to meet the documentation requirements under this paragraph, an 

application requesting that the agency make a payment to an account on behalf of the student; and 

(iii) an assurance that the local educational agency 

will make payments to accounts within 14 calendar 

days of receipt of funds provided under this section. 

(B) In the case of an eligible BIA-funded school, the 

number of displaced students, including the number of 

displaced students who are children with disabilities, 

enrolled in such school for such quarter. 

(3) DETERMINATION OF NUMBER OF DISPLACED STUDENTS.— In determining the number of displaced students for a quarter 

under paragraph (2), an eligible local educational agency or 

eligible BIA-funded school shall include the number of displaced 

students served—

(A) in the case of a determination for the first quarterly 

installment, during the quarter prior to the date of enactment of this Act; and 

(B) in the case of a determination for each subsequent 

quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided. 

(d) AMOUNT OF EMERGENCY IMPACT AID.— 

(1) AID TO STATE EDUCATIONAL AGENCIES.— 

(A) IN GENERAL.—The amount of emergency impact 

aid received by a State educational agency for the 2005–

2006 school year shall equal the sum of— 

(i) the product of the number of displaced students 

(who are not children with disabilities), as determined 

by the eligible local educational agencies and eligible 

BIA-funded schools in the State under subsection (c)(2), 

times $6,000; and 

(ii) the product of the number of displaced students 

who are children with disabilities, as determined by 

the eligible local educational agencies and eligible BIAfunded schools in the State under subsection (c)(2), 

times $7,500. 

(B) INSUFFICIENT FUNDS.—If the amount available 

under this section to provide emergency impact aid under 

this subsection is insufficient to pay the full amount that 
H. R. 2863—122

a State educational agency is eligible to receive under 

this section, the Secretary of Education shall ratably reduce 

the amount of such emergency impact aid. 

(C) RETENTION OF STATE SHARE.—In the case of a 

State educational agency that has made a payment prior 

to the date of enactment of this Act to a local educational 

agency for the purpose of covering additional costs incurred 

as a result of enrolling a displaced student in a school 

served by the local educational agency, the State educational agency may retain a portion of the payment 

described in paragraph (2)(A)(ii) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the 

total cost of attendance for all students in that local educational agency for whom the State educational agency 

made such prior payments, except that a local educational 

agency shall not adjust the level of funding provided to 

accounts under this section based on the State’s retention 

of such amount. 

(2) AID TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES AND

ELIGIBLE BIA-FUNDED SCHOOLS.— (A) QUARTERLY INSTALLMENTS.— (i) IN GENERAL.—A State educational agency shall 

provide emergency impact aid payments under this 

section on a quarterly basis for the 2005–2006 school 

year by such dates as determined by the Secretary 

of Education. Such quarterly installment payments 

shall be based on the number of displaced students 

reported under subsection (c)(2) and in the amount 

determined under clause (ii). 

(ii) PAYMENT AMOUNT.—Each quarterly installment payment under clause (i) shall equal 25 percent 

of the sum of— 

(I) the number of displaced students (who are 

not children with disabilities) reported by the 

eligible local educational agency or eligible BIAfunded school for such quarter (as determined 

under subsection (c)(2)) times $6,000; and 

(II) the number of displaced students who are 

children with disabilities reported by the eligible 

local educational agency or eligible BIA-funded 

school for such quarter (as determined under subsection (c)(2)) times $7,500. 

(iii) TIMELINE.—The Secretary of Education shall 

establish a timeline for quarterly reporting on the 

number of displaced students in order to make the 

appropriate disbursements in a timely manner. 

(iv) INSUFFICIENT FUNDS.—If, for any quarter, the 

amount available under this section to make payments 

under this subsection is insufficient to pay the full 

amount that an eligible local educational agency or 

eligible BIA-funded school is eligible to receive under 

this section, the State educational agency shall ratably 

reduce the amount of such payments. 

(B) MAXIMUM PAYMENT TO ACCOUNT.—In providing 

quarterly payments to an account for the 2005–2006 school 

year on behalf of a displaced student for each quarter 
H. R. 2863—123

that such student is enrolled in a non-public school in 

the area served by the agency under paragraph (3), an 

eligible local educational agency may provide not more 

than 4 quarterly payments to such account (each of which 

shall be paid not later than 14 calendar days after the 

date of receipt of each quarterly installment payment 

received under subparagraph (A)), and the aggregate 

amount of such payments shall not exceed the lesser of— 

(i)(I) in the case of a displaced student who is 

not a child with a disability, $6,000; or 

(II) in the case of a displaced student who is a 

child with a disability, $7,500; or 

(ii) the cost of tuition and fees (and transportation 

expenses, if any) at the non-public school for the 2005–

2006 school year. 

(C) LIMITATION.—A non-public school accessing funds 

on behalf of a displaced student under this section must 

waive tuition, or reimburse tuition paid, in an amount 

equal to the amount accessed. 

(3) DISPLACED STUDENTS.—Subject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded 

school receiving emergency impact aid payments under this 

section shall use the payments to provide services and assistance to elementary schools and secondary schools (including 

charter schools) served by such agency, or to such BIA-funded 

school, that enrolled a displaced student. An eligible local educational agency that receives emergency impact aid payments 

under this section and that serves an area in which there 

is located an eligible non-public school shall, at the request 

of the parent or guardian of a displaced student who meets 

the criteria described in subsection (c)(2)(A)(ii) and who enrolled 

in a non-public school in an area served by the agency, use 

such emergency impact aid payment to provide payment on 

a quarterly basis (but not to exceed the total amount specified 

in subsection (d)(2)(B) for the 2005–2006 school year) to an 

account on behalf of such displaced student. 

(e) USE OF FUNDS.— 

(1) AUTHORIZED USES.—The authorized uses of funds are 

the following: 

(A) Paying the compensation of personnel, including 

teacher aides, in schools enrolling displaced students. 

(B) Identifying and acquiring curricular material, 

including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or 

spaces. 

(C) Basic instructional services for such students, 

including tutoring, mentoring, or academic counseling. 

(D) Reasonable transportation costs. 

(E) Health and counseling services. 

(F) Education and support services. 

(2) VERIFICATION OF ENROLLMENT FOR NON-PUBLIC

SCHOOLS.—Before providing a quarterly payment to an account, 

the eligible local educational agency shall verify with the parent 

or guardian of a displaced student that such displaced student 

is, or was, enrolled in the non-public school for such quarter. 

(3) PROHIBITION.—Funds received under this section shall 

not be used for construction or major renovation of schools. 
H. R. 2863—124

(4) PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES.— 

(A) IN GENERAL.—In the case of a displaced student 

who is a child with a disability, any payment made on 

behalf of such student to an eligible local educational 

agency or any payment available in an account for such 

student, shall be used to pay for special education and 

related services consistent with the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.). 

(B) SPECIAL RULE.— 

(i) RETENTION.—Notwithstanding any other provision of this section, if an eligible local educational 

agency provides services to a displaced student 

attending an eligible non-public school under section 

612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the eligible local 

educational agency may retain a portion of the assistance received under this section on behalf of such 

student to pay for such services. 

(ii) DETERMINATION OF PORTION.— 

(I) GUIDELINES.—Each State shall issue guidelines, not later than 14 calendar days after the 

date of the publication of the notice described in 

subsection (a)(4), that specify the portion of the 

assistance that an eligible local educational agency 

in the State may retain under this subparagraph. 

Each State shall apply such guidelines in a consistent manner throughout the State. 

(II) DETERMINATION OF PORTION.—The portion 

specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the local educational agency. 

(C) DEFINITIONS.—In this paragraph: 

(i) SPECIAL EDUCATION; RELATED SERVICES.—The 

terms ‘‘special education’’ and ‘‘related services’’ have 

the meaning given such terms in section 602 of the 

Individuals with Disabilities Education Act (20 U.S.C. 

1401). 

(ii) INDIVIDUALIZED EDUCATION PROGRAM.—The 

term ‘‘individualized education program’’ has the 

meaning given the term in section 614(d)(2) of the 

Individuals with Disabilities Education Act (20 U.S.C. 

1414(d)(2)). 

(f) RETURN OF AID.— 

(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR ELIGIBLE BIAFUNDED SCHOOL.—An eligible local educational agency or 

eligible BIA-funded school that receives an emergency impact 

aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible 

local educational agency or school has not obligated by the 

end of the 2005–2006 school year in accordance with this section. 

(2) STATE EDUCATIONAL AGENCY.—A State educational 

agency that receives emergency impact aid under this section, 

shall return to the Secretary of Education— 
H. R. 2863—125

(A) any aid provided to the agency under this section 

that the agency has not obligated by the end of the 2005–

2006 school year in accordance with this section; and 

(B) any payment funds returned to the State educational agency under paragraph (1). 

(g) LIMITATION ON USE OF AID AND PAYMENTS.—Aid and payments provided under this section shall only be used for expenses 

incurred during the 2005–2006 school year. 

(h) ADMINISTRATIVE EXPENSES.—A State educational agency 

that receives emergency impact aid under this section may use 

not more than 1 percent of such aid for administrative expenses. 

An eligible local educational agency or eligible BIA-funded school 

that receives emergency impact aid payments under this section 

may use not more than 2 percent of such payments for administrative expenses. 

(i) SPECIAL FUNDING RULE.—In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7703) for an eligible local educational agency that 

receives an emergency impact aid payment under this section, the 

Secretary of Education shall not count displaced students served 

by such agency for whom an emergency impact aid payment is 

received under this section, nor shall such students be counted 

for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 

7703(b)(3)(B)(i)). 

(j) NOTICE.—Each State receiving emergency impact aid under 

this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section 

to an account who resides in such State, notification that—

(1) such parent or guardian has the option of enrolling 

such student in a public school or a non-public school; and 

(2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only 

available for the 2005–2006 school year. 

(k) BYPASS.—For a State in which State law prohibits the 

State from using Federal funds to directly provide services on 

behalf of students attending non-public schools and provides that 

another entity shall provide such services, the Secretary of Education shall make such arrangements with that entity. 

(l) REDIRECTION OF FUNDS.—

(1) IN GENERAL.—If a State educational agency or eligible 

local educational agency is unable to carry out this section, 

the Secretary of Education shall make such arrangements with 

the State as the Secretary determines appropriate to carry 

out this section on behalf of displaced students attending an 

eligible non-public school in the area served by such agency. 

(2) SPECIAL RULE.—If an eligible local educational agency 

does not make a payment to an account within 14 calendar 

days of receipt of funds provided under this section, then—

(A) the eligible local educational agency shall return 

the funds received that quarter for such account to the 

State educational agency; and 

(B) the State educational agency shall ensure that 

the proper payment to such account for such quarter is 

made not later than 14 calendar days after the date of 

the receipt of funds under subparagraph (A), before any 
H. R. 2863—126

further funds for such account are distributed to the eligible 

local educational agency. 

(m) NONDISCRIMINATION.— 

(1) PROHIBITION.—

(A) IN GENERAL.—A school that enrolls a displaced 

student under this section shall not discriminate against 

students on the basis of race, color, national origin, religion, 

disability, or sex. 

(B) APPLICABILITY.—The prohibition of religious 

discrimination in subparagraph (A) shall not apply with 

regard to enrollment for a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets, except that the prohibition of religious discrimination shall apply with respect 

to the enrollment of displaced students assisted under this 

section. 

(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.— 

(A) IN GENERAL.—To the extent consistent with title 

IX of the Education Amendments of 1972 (20 U.S.C. 1681 

et seq.), the prohibition of sex discrimination in paragraph 

(1)(A) shall not apply to a non-public school that is controlled by a religious organization or organized and operated on the basis of religious tenets if the application 

of paragraph (1)(A) would not be consistent with the religious tenets of such organization. 

(B) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—

Notwithstanding paragraph (1)(A) and to the extent consistent with title IX of the Education Amendments of 1972, 

a parent or guardian may choose and a non-public school 

may offer a single sex school, class, or activity. 

(3) GENERAL PROVISION.—Nothing in this subtitle may be 

construed to alter or modify the provisions of the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.), title 

VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 

title IX of the Education Amendments of 1972 (20 U.S.C. 1681 

et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 

et seq.). 

(4) OPT-OUT.—A parent or guardian of a displaced student 

on behalf of whom a payment to an account is made under 

this section shall have the option to have such parent or guardian’s displaced child opt out of religious worship or religious 

classes offered by the non-public school in which such student 

is enrolled and on behalf of whom a payment to an account 

is made under this section. 

(5) RULE OF CONSTRUCTION.—The amount of any payment 

(or other form of support provided on behalf of a displaced 

student) under this section shall not be treated as income 

of a parent or guardian of the student for purposes of Federal 

tax laws or for determining eligibility for any other Federal 

program. 

(m) TREATMENT OF STATE AID.—A State shall not take into 

consideration emergency impact aid payments received under this 

section by a local educational agency in the State in determining 

the eligibility of such local educational agency for State aid, or 

the amount of State aid, with respect to free public education 

of children. 
H. R. 2863—127

SEC. 108. SEVERABILITY. 

If any provision of this subtitle, an amendment made by this 

subtitle, or the application of such provision or amendment to 

any person or circumstance is held to be unconstitutional, the 

remainder of this subtitle, the amendments made by this subtitle, 

and the application of the provisions of such to any person or 

circumstance shall not be affected thereby. 

SEC. 109. AUTHORIZATION OF FUNDS. 

There are authorized to be appropriated such sums as may 

be necessary to carry out sections 102, 106, and 107. 

SEC. 110. SUNSET PROVISION. 

Except as provided in section 105, the provisions of this subtitle 

shall be effective for the period beginning on the date of enactment 

of this Act and ending on August 1, 2006. 

Subtitle B—Higher Education Hurricane 

Relief 

SEC. 201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Higher Education Hurricane 

Relief Act of 2005’’. 

SEC. 202. GENERAL WAIVERS AND MODIFICATIONS. 

(a) AUTHORITY.—Notwithstanding any other provision of law, 

unless enacted with specific reference to this section, the Secretary 

is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under 

title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 

et seq.), or any student or institutional eligibility provisions in 

the Higher Education Act of 1965, as the Secretary deems necessary 

in connection with a Gulf hurricane disaster to ensure that—

(1) administrative requirements placed on affected students, affected individuals, affected institutions, lenders, guaranty agencies, and grantees are minimized to the extent possible without impairing the integrity of the higher education 

programs under the Higher Education Act of 1965, to ease 

the burden on such participants; or 

(2) institutions of higher education, lenders, guaranty agencies, and other entities participating in the student financial 

assistance programs under title IV of the Higher Education 

Act of 1965, that serve an area affected by a Gulf hurricane 

disaster, may be granted temporary relief from requirements 

that are rendered infeasible or unreasonable due to the effects 

of a Gulf hurricane disaster, including due diligence requirements and reporting deadlines. 

(b) AUTHORITY TO EXTEND OR WAIVE REPORTING REQUIREMENTS

UNDER SECTION 131(a).—The Secretary is authorized to extend 

reporting deadlines or waive reporting requirements under section 

131(a) of the Higher Education Act of 1965 (20 U.S.C. 1015(a)) 

for an affected institution. 

(c) CONSTRUCTION.—Nothing in this subtitle shall be construed—

(1) to allow the Secretary to waive or modify any applicable 

statutory or regulatory requirements prohibiting discrimination 
H. R. 2863—128

in a program or activity, or in employment or contracting, 

under existing law (in existence on the date of the Secretary’s 

action); or 

(2) to authorize any refunding of any repayment of a loan. 

SEC. 203. MODIFICATION OF PART A OF TITLE II GRANTS AUTHORIZED. 

The Secretary is authorized to approve modifications to the 

requirements for Teacher Quality Enhancement Grants for States 

and Partnerships under part A of title II of the Higher Education 

Act of 1965 (20 U.S.C. 1021 et seq.), at the request of the grantee—

(1) to assist States and local educational agencies to recruit 

and retain highly qualified teachers in a school district located 

in an area affected by a Gulf hurricane disaster; and 

(2) to assist institutions of higher education, located in 

such area to recruit and retain faculty necessary to prepare 

teachers and provide professional development. 

SEC. 204. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF 

TITLE III, AND OTHER GRANTS. 

The Secretary is authorized to modify the required and allowable uses of funds under chapters 1 and 2 of subpart 2 of part 

A of title IV of the Higher Education Act of 1965 (20 U.S.C. 

1070a et seq., 1070a–21 et seq.), under part A or B of title III 

(20 U.S.C. 1057 et seq., 1060 et seq.), and under any other competitive grant program, at the request of an affected institution or 

other grantee, with respect to affected institutions and other 

grantees located in an area affected by a Gulf hurricane disaster. 

The Secretary may not, under the authority of this section, 

authorize any new construction, renovation, or improvement of 

classrooms, libraries, laboratories, or other instructional facilities 

that is not authorized under the institution’s grant award, as in 

effect on the date of enactment of this Act, under part A or B 

of title III of such Act. 

SEC. 205. PROFESSIONAL JUDGMENT. 

A financial aid administrator shall be considered to be making 

an adjustment in accordance with section 479A(a) of the Higher 

Education Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid 

administrator makes the adjustment with respect to the calculation 

of the expected student or parent contribution (or both) for an 

affected student, or for a student or a parent who resides or resided 

on August 29, 2005, or was employed on August 29, 2005, in 

an area affected by a Gulf hurricane disaster. The financial aid 

administrator shall adequately document the need for the adjustment. 

SEC. 206. EXPANDING INFORMATION DISSEMINATION REGARDING 

ELIGIBILITY FOR PELL GRANTS. 

(a) IN GENERAL.—The Secretary shall make special efforts, 

in conjunction with State efforts, to notify affected students and 

if applicable, their parents, who qualify for means-tested Federal 

benefit programs, of their potential eligibility for a maximum Pell 

Grant, and shall disseminate such informational materials as the 

Secretary deems appropriate. 

(b) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—For the purpose of this section, the term ‘‘means-tested Federal benefit program’’ means a mandatory spending program of the Federal Government, other than a program under the Higher Education Act of 
H. R. 2863—129

1965, in which eligibility for the program’s benefits, or the amount 

of such benefits, or both, are determined on the basis of income 

or resources of the individual or family seeking the benefit, and 

may include such programs as the supplemental security income 

program under title XVI of the Social Security Act, the food stamp 

program under the Food Stamp Act of 1977, the free and reduced 

price school lunch program established under the Richard B. Russell 

National School Lunch Act, the temporary assistance to needy 

families program established under part A of title IV of the Social 

Security Act, and the women, infants, and children program established under section 17 of the Child Nutrition Act of 1966, and 

other programs identified by the Secretary. 

SEC. 207. PROCEDURES. 

(a) REGULATORY REQUIREMENTS INAPPLICABLE.—Sections 482(c) 

and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 

1098a), section 437 of the General Education Provisions Act (20 

U.S.C. 1232), and section 553 of title 5, United States Code, shall 

not apply to this subtitle. 

(b) NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.—Notwithstanding section 437 of the General Education Provisions Act 

(20 U.S.C. 1232) and section 553 of title 5, United States Code, 

the Secretary shall make publicly available the waivers, modifications, or extensions granted under this subtitle. 

(c) CASE-BY-CASE BASIS.—The Secretary is not required to exercise any waiver or modification authority under this subtitle on 

a case-by-case basis. 

SEC. 208. TERMINATION OF AUTHORITY. 

The authority of the Secretary to issue waivers or modifications 

under this subtitle shall expire at the conclusion of the 2005–

2006 academic year. 

SEC. 209. DEFINITIONS. 

For the purposes of this subtitle, the following terms have 

the following meanings: 

(1) AFFECTED INDIVIDUAL.—The term ‘‘affected individual’’ 

means an individual who has applied for or received student 

financial assistance under title IV of the Higher Education 

Act of 1965, and—

(A) who is an affected student; or 

(B) whose primary place of employment or residency 

was, as of August 29, 2005, in an area affected by a 

Gulf hurricane disaster. 

(2) AFFECTED INSTITUTION.—

(A) IN GENERAL.—The term ‘‘affected institution’’ 

means an institution of higher education that—

(i) is located in an area affected by a Gulf hurricane 

disaster; and 

(ii) has temporarily ceased operations as a consequence of a Gulf hurricane disaster, as determined 

by the Secretary. 

(B) LENGTH OF TIME.—In determining eligibility for 

assistance under this subtitle, the Secretary, using consistent, objective criteria, shall determine the time period 

for which an institution of higher education is an affected 

institution. 
H. R. 2863—130

(C) SPECIAL RULE.—An organizational unit of an 

affected institution that is not impacted by a Gulf hurricane 

disaster shall not be considered as part of such affected 

institution for purposes of receiving assistance under this 

subtitle. 

(3) AFFECTED STATE.—The term ‘‘affected State’’ means the 

State of Alabama, Florida, Louisiana, Mississippi, or Texas. 

(4) AFFECTED STUDENT.—The term ‘‘affected student’’ 

means an individual who was enrolled or accepted for enrollment on August 29, 2005, at an affected institution. 

(5) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The 

term ‘‘area affected by a Gulf hurricane disaster’’ means a 

county or parish, in an affected State, that has been designated 

by the Federal Emergency Management Agency for disaster 

assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. 

(6) CANCELLED ENROLLMENT PERIOD.—The term ‘‘cancelled 

enrollment period’’ means any period of enrollment at an 

affected institution during the academic year 2005–2006, during 

which students were unable to attend such institution. 

(7) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane 

disaster’’ means a major disaster that the President declared 

to exist, in accordance with section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, and that was 

caused by Hurricane Katrina or Hurricane Rita. 

(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ means—

(A) an institution covered by the definition of such 

term in section 101 of the Higher Education Act of 1965 

(20 U.S.C. 1001); and 

(B) an institution described in subparagraph (A) or 

(B) of section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A), 

(B)). 

(9) QUALIFIED STUDENT LOAN.—The term ‘‘qualified student 

loan’’ means any loan made, insured, or guaranteed under 

part B, D, or E of title IV of the Higher Education Act of 

1965, other than a loan under section 428B of such title or 

a Federal Direct Plus loan. 

(10) QUALIFIED PARENT LOAN.—The term ‘‘qualified parent 

loan’’ means a loan made under section 428B of title IV of 

the Higher Education Act of 1965 or a Federal Direct Plus 

loan. 

(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

Subtitle C—Education and Related 

Programs Hurricane Relief 

SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE 

INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO 

FACILITATE THE PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH DISABILITIES. 

(a) AUTHORITY.—The Secretary of Education may enter into 

an agreement described in subsection (b) with an eligible entity 

to extend certain deadlines under the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.) related to providing special 
H. R. 2863—131

education and related services, including early intervention services, 

to individuals adversely affected by a Gulf hurricane disaster. 

(b) TERMS OF AGREEMENTS.—An agreement referred to in subsection (a) is an agreement with an eligible entity made in accordance with subsection (e) that may extend the applicable deadlines 

under one or more of the following sections: 

(1) Section 611(e)(3)(C)(ii) of such Act, by extending up 

to an additional 60 days the 90 day deadline for developing 

a State plan for the high cost fund. 

(2) Section 612(a)(15)(C) of such Act, by extending up to 

an additional 60 days the deadline for submission of the annual 

report to the Secretary of Education and the public regarding 

the progress of the State and of children with disabilities in 

the State. 

(3) Section 612(a)(16)(D) of such Act, by extending up to 

an additional 60 days the deadline for making available reports 

regarding the participation in assessments and the performance 

on such assessments of children with disabilities. 

(4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up 

to an additional 30 days the 60 day deadline for the initial 

evaluation to determine whether a child is a child with a 

disability for purposes of the provision of special education 

and related services to such child. 

(5) Section 616(b)(1)(A) of such Act, by extending up to 

an additional 60 days the deadline for finalization of the State 

performance plan. 

(6) Section 641(e)(1)(D) of such Act, by extending up to 

an additional 60 days the deadline for submission to the Governor of a State and the Secretary of Education of the report 

on the status of early intervention programs for infants and 

toddlers with disabilities and their families operated within 

the State. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed—

(1) as permitting the waiver of—

(A) any applicable Federal civil rights law; 

(B) any student or family privacy protections, including 

provisions requiring parental consent for evaluations and 

services; 

(C) any procedural safeguards required under section 

615 or section 639 of the Individuals with Disabilities Education Act; or 

(D) any requirements not specified in subsection (b) 

of this section; or 

(2) as removing the obligation of the eligible entity to 

provide a child with a disability or an infant or toddler with 

a disability and their families—

(A) a free appropriate public education under part B 

of the Individuals with Disabilities Education Act; or 

(B) early intervention services under part C of such 

Act. 

(d) DURATION OF AGREEMENT.—An agreement under this section shall terminate at the conclusion of the 2005–2006 academic 

year. 

(e) REQUEST TO ENTER INTO AGREEMENT.—To enter into an 

agreement under this section, an eligible entity shall submit a 
H. R. 2863—132

request to the Secretary of Education at such time, in such manner, 

and containing such information as the Secretary may require. 

SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK 

GRANT. 

(a) HEAD START.—

(1) TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.—

From the amount made available for Head Start in this Act, 

the Secretary of Health and Human Services shall provide 

training and technical assistance, guidance, and resources 

through the Region 4 and Region 6 offices of the Administration 

for Children and Families (and may provide training and technical assistance, guidance, and resources through other regional 

offices of the Administration, at the request of such offices 

that administer affected Head Start agencies and Early Head 

Start entities) to Head Start agencies and Early Head Start 

entities in areas affected by a Gulf hurricane disaster, and 

to affected Head Start agencies and Early Head Start entities, 

to assist the agencies and entities involved to address the 

health and counseling needs of infants, toddlers, and young 

children affected by a Gulf hurricane disaster. Such training 

and technical assistance may be provided by contract or 

cooperative agreement with qualified national, regional, or local 

providers. 

(2) WAIVER.—For such period up to September 30, 2006, 

and to such extent as the Secretary considers appropriate, 

the Secretary of Health and Human Services—

(A) may waive section 640(b) of the Head Start Act 

for Head Start agencies located in an area affected by 

a Gulf hurricane disaster, and other affected Head Start 

agencies and Early Head Start agencies; and 

(B) shall waive requirements of documentation for 

individuals adversely affected by a Gulf hurricane disaster 

who participate in a Head Start program or an Early 

Head Start program funded under the Head Start Act. 

(b) CHILD CARE AND DEVELOPMENT BLOCK GRANT.—

(1) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF

1990.—For such period up to September 30, 2006, and to such 

extent as the Secretary considers to be appropriate, the Secretary of Health and Human Services may waive, for any 

affected State, and any State serving significant numbers of 

individuals adversely affected by a Gulf hurricane disaster, 

provisions of the Child Care and Development Block Grant 

Act of 1990 (42 U.S.C. 9858 et seq.)—

(A) relating to Federal income limitations on eligibility 

to receive child care services for which assistance is provided under such Act; 

(B) relating to work requirements applicable to eligibility to receive child care services for which assistance 

is provided under such Act; 

(C) relating to limitations on the use of funds under 

section 658G of the Child Care and Development Block 

Grant Act of 1990; 

(D) preventing children designated as evacuees from 

receiving priority for child care services provided under 

such Act, except that children residing in a State and 
H. R. 2863—133

currently receiving services should not lose such services 

to accommodate evacuee children; and 

(E) relating to any non-Federal or capital contribution 

required (including copayment or other cost sharing by 

parents receiving child care assistance) to match Federal 

funds provided under programs administered by the Secretary of Health and Human Services; 

(2) TECHNICAL ASSISTANCE AND GUIDANCE.—The Secretary 

may provide assistance to States for the purpose of providing 

training, technical assistance, and guidance to eligible child 

care providers (as defined in section 658P of the Child Care 

and Development Block Grant Act of 1990) who are licensed 

and regulated, as applicable, by the States, to enable such 

providers to provide child care services for children and families 

described in paragraph (1). Such training and technical assistance may be provided through intermediary organizations, 

including those with demonstrated experience in providing 

training and technical assistance to programs serving schoolage children up to age 13, involved in reinstituting child care 

services on a broad scale in areas affected by a Gulf hurricane 

disaster. 

SEC. 303. DEFINITIONS. 

(a) IN GENERAL.—Unless otherwise specified in this subtitle, 

the terms used in this subtitle have the meanings given the terms 

in section 9101 of the Elementary and Secondary Education Act 

of 1965. 

(b) ADDITIONAL DEFINITIONS.—For the purposes of this subtitle: 

(1) AFFECTED HEAD START AGENCIES AND EARLY HEAD START

AGENCIES.—The term ‘‘affected Head Start Agencies and Early 

Head Start Agencies’’ means a Head Start agency receiving 

a significant number of children from an area in which a 

Gulf hurricane disaster has been declared. 

(2) AFFECTED STATE.—The term ‘‘affected State’’ means the 

State of Alabama, Florida, Louisiana, Mississippi, or Texas. 

(3) AREA AFFECTED BY A GULF HURRICANE DISASTER.—The 

term ‘‘area affected by a Gulf hurricane disaster’’ means a 

county or parish, in an affected State, that has been designated 

by the Federal Emergency Management Agency for disaster 

assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. 

(4) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the meaning given such term in section 602(3) 

of the Individuals with Disabilities Education Act. 

(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—

(A) a local educational agency (as defined in section 

602(19) of the Individuals with Disabilities Education Act) 

if such agency is located in a State or in an area of 

a State with respect to which the President has declared 

that a Gulf hurricane disaster exists; 

(B) a State educational agency (as defined in section 

602(32) of such Act) if such agency is located in a State 

with respect to which the President has declared that a 

Gulf hurricane disaster exists; or 

(C) a State interagency coordinating council established 

under section 641 of such Act if such council is located 
H. R. 2863—134

in a State with respect to which the President has declared 

that a Gulf hurricane disaster exists. 

(6) GULF HURRICANE DISASTER.—The term ‘‘Gulf hurricane 

disaster’’ means a major disaster that the President declared 

to exist, in accordance with section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, and that was 

caused by Hurricane Katrina or Hurricane Rita. 

(7) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’—

(A) in the case of a special education teacher, has 

the meaning given such term in section 602 of the Individuals with Disabilities Education Act; and 

(B) in the case of any other elementary, middle, or 

secondary school teacher, has the meaning given such term 

in section 9101 of the Elementary and Secondary Education 

Act of 1965. 

(8) INDIVIDUAL ADVERSELY AFFECTED BY A GULF HURRICANE

DISASTER.—The term ‘‘individual adversely affected by a Gulf 

hurricane disaster’’ means an individual who, on August 29, 

2005, was living, working, or attending school in an area in 

which the President has declared to exist a Gulf hurricane 

disaster. 

(9) INFANT OR TODDLER WITH A DISABILITY.—The term 

‘‘infant or toddler with a disability’’ has the meaning given 

such term in section 632(5) of the Individuals with Disabilities 

Education Act. 

TITLE V 

GENERAL PROVISIONS AND TECHNICAL CORRECTIONS 

SEC. 5001. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year unless expressly so provided herein. 

SEC. 5002. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in either division A or division B 

shall be treated as referring only to the provisions of that division. 

SEC. 5003. Effective upon the enactment of this Act, none 

of the funds appropriated or otherwise made available by the 2001 

Emergency Supplemental Appropriations Act for Recovery from and 

Response to Terrorist Attacks on the United States (Public Law 

107–38) shall be transferred to or from the Emergency Response 

Fund. 

SEC. 5004. Title I of the Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies Appropriations 

Act, 2006 (Public Law 109–97) is amended in the paragraph under 

the heading ‘‘Cooperative State Research, Education, and Extension 

Service, Research and Education Activities’’ (109 Stat. 2126) by 

inserting ‘‘, to remain available until expended’’ after ‘‘for a veterinary medicine loan repayment program pursuant to section 1415A 

of the National Agricultural Research, Extension, and Teaching 

Policy Act of 1977 (7 U.S.C. 3101 et seq.), $500,000’’. 

SEC. 5005. Section 207 of division C of Public Law 108–447 

is amended by inserting ‘‘, and any effects of inflation thereon,’’ 

after the word ‘‘increase’’. 

SEC. 5006. The matter under the heading ‘‘Water and Related 

Resources’’ in Public Law 109–103 is amended by inserting before 

the period at the end the following: ‘‘: Provided further, That