PUBLIC LAW 109–82—SEPT. 30, 2005

ASSISTANCE FOR INDIVIDUALS WITH

DISABILITIES AFFECTED BY HURRICANE

KATRINA OR RITA ACT OF 2005

119 STAT. 2050 PUBLIC LAW 109–82—SEPT. 30, 2005

Public Law 109–82

109th Congress

An Act

To assist individuals with disabilities affected by Hurricane Katrina or Rita through

vocational rehabilitation services.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Assistance for Individuals with

Disabilities Affected by Hurricane Katrina or Rita Act of 2005’’.

SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.

(a) DEFINITIONS.—In this section:

(1) AFFECTED STATE.—The term ‘‘affected State’’ means a

State that contains an area, or that received a significant

number of individuals who resided in an area, in which the

President has declared that a major disaster exists.

(2) COMMISSIONER.—The term ‘‘Commissioner’’ means the

Commissioner of the Rehabilitation Services Administration.

(3) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual

with a disability’’ has the meaning given the term in section

7(20)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(A)).

(4) INDIVIDUAL WITH A DISABILITY AFFECTED BY HURRICANE

KATRINA.—The term ‘‘individual with a disability affected by

Hurricane Katrina’’ means an individual with a disability who

resided on August 22, 2005, in an area in which the President

has declared that a major disaster related to Hurricane Katrina

exists.

(5) INDIVIDUAL WITH A DISABILITY AFFECTED BY HURRICANE

RITA.—The term ‘‘individual with a disability affected by Hurricane Rita’’ means an individual with a disability who resided

in an area on the date that was 7 days before the date on

which the President declared that a major disaster related

to Hurricane Rita exists in such area.

(6) MAJOR DISASTER.—The term ‘‘major disaster’’ means

a major disaster declared by the President in accordance with

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), related to Hurricane Katrina

or Rita.

(b) REALLOTMENTS OF AMOUNTS.—

(1) IN GENERAL.—In reallotting amounts to States under

section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.

730(b)(2)) for fiscal year 2005, the Commissioner shall give

preference to affected States.

(2) WAIVERS.—If the Commissioner reallots amounts under

section 110(b)(2) of the Rehabilitation Act of 1973 to an affected

Assistance for

Individuals with

Disabilities

Affected by

Hurricane

Katrina or Rita

Act of 2005.

Sept. 30, 2005

[H.R. 3864]

PUBLIC LAW 109–82—SEPT. 30, 2005 119 STAT. 2051

State for fiscal year 2005, or returns to the State of Louisiana

for fiscal year 2005 the funds that Louisiana had previously

relinquished pursuant to section 110(b)(1) of that Act (29 U.S.C.

730(b)(1)) due to an inability to meet the non-Federal share

requirements requiring Louisiana to contribute $3,942,821 for

fiscal year 2005, the Commissioner may grant a waiver of

non-Federal share requirements for fiscal year 2005 for the

affected State or Louisiana, respectively.

(3) DEFINITION.—In this subsection, the term ‘‘non-Federal

share requirements’’ means non-Federal share requirements

applicable to programs under title I of such Act (29 U.S.C.

720 et seq.).

(c) USE OF AMOUNTS REALLOTTED UNDER TITLE I OF THE

REHABILITATION ACT OF 1973.—An affected State that receives

amounts reallotted under section 110(b)(2) of the Rehabilitation

Act of 1973 (29 U.S.C. 730(b)(2)) for fiscal year 2005 (as described

in subsection (b)) or returned under subsection (b) may use the

amounts—

(1) to pay for vocational rehabilitation services described

in section 103 of the Rehabilitation Act of 1973 (29 U.S.C.

723) (which may include training, mentoring, or job shadowing

opportunities), for individuals with disabilities affected by

Hurricane Katrina or individuals with disabilities affected by

Hurricane Rita, that contribute to the economic growth and

development of communities;

(2) to enable—

(A) individuals with disabilities affected by Hurricane

Katrina to participate in reconstruction or other major

disaster assistance activities in the areas in which the

individuals resided on August 22, 2005; and

(B) individuals with disabilities affected by Hurricane

Rita to participate in reconstruction or other major disaster

assistance activities in the areas in which the individuals

resided on the date that was 7 days before the date on

which the President declared that a major disaster related

to Hurricane Rita exists in such areas;

(3) to pay for vocational rehabilitation services described

in section 103 of the Rehabilitation Act of 1973 for individuals

with disabilities affected by Hurricane Katrina, or individuals

with disabilities affected by Hurricane Rita, who do not meet

the affected State’s order of selection criteria for the affected

State’s order of selection under section 101(a)(5) of the

Rehabilitation Act of 1973 (29 U.S.C. 721(a)(5)); or

119 STAT. 2052 PUBLIC LAW 109–82—SEPT. 30, 2005

LEGISLATIVE HISTORY—H.R. 3864:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 28, considered and passed House and Senate.

Æ

(4) to carry out other activities in accordance with title

I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).

Approved September 30, 2005.