II 

109TH CONGRESS 

1ST SESSION S. 1637 

To provide emergency relief to meet the immediate needs of survivors of 

Hurricane Katrina for health care, housing, education, and financial 

relief, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2005 

Mr. REID (for himself, Ms. LANDRIEU, Mr. OBAMA, Ms. MIKULSKI, Mr. KENNEDY, Mr. LIEBERMAN, Mr. ROCKEFELLER, Ms. STABENOW, Mr. LAUTENBERG, Ms. CANTWELL, Mr. LEVIN, Mr. DURBIN, Mr. JOHNSON, Mr. 

REED, Mr. CORZINE, Mr. BAUCUS, Mr. SALAZAR, Mrs. FEINSTEIN, Mrs. 

BOXER, Mr. DORGAN, and Mr. BIDEN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To provide emergency relief to meet the immediate needs 

of survivors of Hurricane Katrina for health care, housing, education, and financial relief, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Katrina Emergency Relief Act of 2005’’. 
2 

•S 1637 IS

1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TEMPORARY MEDICAID DISASTER RELIEF 

Sec. 101. Short title; purpose. 

Sec. 102. Disaster relief period. 

Sec. 103. Temporary Medicaid coverage for Katrina Survivors. 

Sec. 104. Temporary disaster relief for States under Medicaid. 

Sec. 105. Accommodation of special needs of Katrina Survivors under Medicare 

program. 

TITLE II—EDUCATION 

Subtitle A—Support for Elementary and Secondary Schools 

Sec. 201. Support for elementary and secondary schools. 

Subtitle B—Fund for Early Childhood Care and Education 

Sec. 211. Fund for early childhood care and education. 

Subtitle C—Support for Students in Higher Education 

Sec. 221. Support for students in higher education. 

TITLE III—EMERGENCY HOUSING ASSISTANCE 

Sec. 301. Short title. 

Sec. 302. Hurricane Katrina Emergency Assistance Vouchers. 

Sec. 303. Report on inventory of availability of temporary housing. 

Sec. 304. Appropriation of funding. 

TITLE IV—FINANCIAL RELIEF 

Subtitle A—Limitation on Payments 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Moratorium on payments. 

Subtitle B—Individual and Household Assistance 

Sec. 411. Individual and household assistance. 

Subtitle C—Unemployment Assistance 

Sec. 421. Unemployment assistance. 

Subtitle D—Tax Relief 

Sec. 431. Required exercise of authority under section 7508A for tax relief for 

victims of Hurricane Katrina. 

Sec. 432. Penalty free withdrawals from retirement plans for victims of Hurricane Katrina. 

Subtitle E—Hurricane Katrina Food Assistance Relief 
3 

•S 1637 IS

Sec. 441. Short title. 

Sec. 442. Definition of Secretary. 

Sec. 443. Food Stamp Program disaster authority. 

Sec. 444. Emergency Food Assistance Program and Section 32 Assistance. 

Sec. 445. WIC Funding. 

Sec. 446. Report. 

Sec. 447. Regulations. 

Subtitle F—Bankruptcy Relief 

Sec. 451. Bankruptcy Relief for Victims of Hurricane Katrina. 

TITLE V—ADMINISTRATIVE MATTERS 

Sec. 501. Period of availability of benefits. 

Sec. 502. Nondiscrimination. 

1 TITLE I—TEMPORARY MEDICAID 

2 DISASTER RELIEF 

3 SEC. 101. SHORT TITLE; PURPOSE. 

4 (a) SHORT TITLE.—This title may be cited as the 

5 ‘‘Temporary Medicaid Disaster Relief Act of 2005’’. 

6 (b) PURPOSE.—The purpose of this title is to ensure 

7 all those affected by Hurricane Katrina have access to 

8 health coverage and medical care through the medicaid 

9 program and to authorize temporary changes in such pro10 gram to guarantee and expedite that coverage and access 

11 to care. 

12 SEC. 102. DISASTER RELIEF PERIOD. 

13 (a) IN GENERAL.—For purposes of this title, the 

14 term ‘‘disaster relief period’’ means the period beginning 

15 on August 29, 2005, and, subject to subsection (b), ending 

16 on February 28, 2006. 

17 (b) PRESIDENTIAL AUTHORITY TO EXTEND DIS18 ASTER RELIEF PERIOD.— 
4 

•S 1637 IS

1 (1) IN GENERAL.—The President shall extend 

2 the application of section 103 and paragraphs (1) 

3 and (2) of section 104(a) until September 30, 2006, 

4 unless the President determines that all Katrina 

5 Survivors would have sufficient access to health care 

6 without such an extension. In the case of such an 

7 extension, the reference to ‘‘February 28, 2006’’ in 

8 subsection (a) shall be considered to be a reference 

9 to ‘‘September 30, 2006’’. 

10 (2) NOTICE TO CONGRESS.—The President 

11 shall notify the majority and minority leaders of the 

12 Senate, the Speaker of the House of Representa13 tives, the minority leader of the House of Represent14 atives, and the Chairs and Ranking Members of the 

15 Committee on Finance of the Senate and the Com16 mittees on Energy and Commerce and Ways and 

17 Means of the House of Representatives at least 30 

18 days prior to— 

19 (A) extending the application of such sec20 tions; or 

21 (B) if the President determines not to ex22 tend the application of such sections, February 

23 28, 2006. 
5 

•S 1637 IS

1 SEC. 103. TEMPORARY MEDICAID COVERAGE FOR KATRINA 

2 SURVIVORS. 

3 (a) DEFINITIONS.—In this title: 

4 (1) KATRINA SURVIVOR.— 

5 (A) IN GENERAL.—The term ‘‘Katrina 

6 Survivor’’ means an individual who is described 

7 in subparagraph (B) or (C). 

8 (B) RESIDENTS OF DISASTER LOCAL9 ITIES.— 

10 (i) IN GENERAL.—An individual who, 

11 on any day during the week preceding the 

12 declaration of a public health emergency 

13 on August 29, 2005, had a residence in— 

14 (I) a parish in the State of Lou15 isiana that is among the parishes that 

16 the Federal Emergency Management 

17 Agency of the Emergency Prepared18 ness and Response Directorate of the 

19 Department of Homeland Security de20 clared on September 4, 2005, to be 

21 Federal Disaster Parishes; or 

22 (II) a county in the State of Ala23 bama or Mississippi that is among the 

24 counties such Agency declared Federal 

25 Disaster Counties on September 4, 

26 2005. 
6 

•S 1637 IS

1 (ii) AUTHORITY TO RELY ON WEBSITE

2 POSTED DESIGNATIONS.—The Secretary of 

3 Health and Human Services shall post on 

4 the Internet website for the Centers for 

5 Medicare & Medicaid Services a list of par6 ishes and counties identified as Federal 

7 Disaster Parishes or Counties. Any State 

8 which provides medical assistance to 

9 Katrina Survivors on the basis of such 

10 posting and in accordance with this title 

11 shall be held harmless if it is subsequently 

12 determined that the provision of such as13 sistance was in error. 

14 (C) INDIVIDUALS WHO LOST EMPLOY15 MENT.—An individual who, on any day during 

16 the week preceding the declaration of a public 

17 health emergency on August 29, 2005, had a 

18 residence in a direct impact State and lost their 

19 employment since Hurricane Katrina. 

20 (D) CONSTRUCTION.—A Katrina Survivor 

21 shall be treated as being ‘‘from’’ the State of 

22 residence described in subparagraph (B)(i) or 

23 (C), as the case may be. 

24 (E) TREATMENT OF CURRENT MEDICAID

25 BENEFICIARIES.—Nothing in this title shall be 
7 

•S 1637 IS

1 construed as preventing an individual who is 

2 otherwise entitled to medical assistance under 

3 title XIX of the Social Security Act from being 

4 treated as a Katrina Survivor under this title. 

5 (F) TREATMENT OF HOMELESS PER6 SONS.—For purposes of this title, in the case of 

7 an individual who was homeless on any day 

8 during the week described in subparagraph 

9 (B)(i), the individual’s ‘‘residence’’ shall be 

10 deemed to be the place of residence as other11 wise determined for such an individual under 

12 title XIX of the Social Security Act. 

13 (2) DIRECT IMPACT STATE.—The term ‘‘direct 

14 impact State’’ means the State of Louisiana, Ala15 bama, and Mississippi. 

16 (b) RULES FOR PROVIDING TEMPORARY MEDICAL

17 ASSISTANCE TO KATRINA SURVIVORS.—During the dis18 aster relief period, any State may provide medical assist19 ance to Katrina Survivors under a State medicaid plan 

20 established under title XIX of the Social Security Act in 

21 accordance with the following: 

22 (1) UNIFORM ELIGIBILITY RULES.— 

23 (A) NO INCOME, RESOURCES, RESIDENCY, 

24 OR CATEGORICAL ELIGIBILITY REQUIRE25 MENTS.—Such assistance shall be provided 
8 

•S 1637 IS

1 without application of any income or resources 

2 test, State residency, or categorical eligibility 

3 requirements. 

4 (B) STREAMLINED ELIGIBILITY PROCE5 DURES.—The State shall use the following 

6 streamlined procedures in processing applica7 tions and determining eligibility for medical as8 sistance for Katrina Survivors: 

9 (i) A common 1-page application form 

10 developed by the Secretary of Health and 

11 Human Services in consultation with the 

12 National Association of State Medicaid Di13 rectors. Such form shall include notice re14 garding the penalties for making a fraudu15 lent application under paragraph (4) and 

16 shall require the applicant to assign to the 

17 State any rights of the applicant (or any 

18 other person who is a Katrina Survivor 

19 and on whose behalf the applicant has the 

20 legal authority to execute an assignment of 

21 such rights) under any group health plan 

22 or other third-party coverage for health 

23 care. 

24 (ii) Self-attestation by the applicant 

25 that the applicant is a Katrina Survivor. 
9 

•S 1637 IS

1 (iii) No requirement for documenta2 tion evidencing the basis on which the ap3 plicant qualifies to be a Katrina Survivor. 

4 (iv) Issuance of a Medicaid eligibility 

5 card to an applicant who completes such 

6 application, including the self-attestation 

7 required under clause (ii). Such card shall 

8 be valid during the disaster relief period. 

9 (v) If an applicant completes the ap10 plication and presents it to a provider or 

11 facility participating in the State medicaid 

12 plan that is qualified to make presumptive 

13 eligibility determinations under such plan 

14 (which at a minimum shall consist of facili15 ties identified in section 1902(a)(55) of the 

16 Social Security Act (42 U.S.C. 

17 1396a(a)(55)) and it appears to the pro18 vider that the applicant is a Katrina Sur19 vivor based on the information in the ap20 plication, the applicant will be deemed to 

21 be a Katrina Survivor eligible for medical 

22 assistance in accordance with this section, 

23 subject to paragraph (3). 

24 (vi) Continuous eligibility, without the 

25 need for any redetermination of eligibility, 
10 

•S 1637 IS

1 for the duration of the disaster relief pe2 riod. 

3 (C) DETERMINATION OF ELIGIBILITY FOR

4 COVERAGE AFTER THE TERMINATION OF THE

5 DISASTER RELIEF PERIOD.—In the case of a 

6 Katrina Survivor who is receiving medical as7 sistance from a State, prior to the termination 

8 of the disaster relief period, the State providing 

9 such assistance shall determine whether the 

10 Katrina Survivor is eligible for continued med11 ical assistance under the State’s eligibility rules 

12 otherwise applicable under the State medicaid 

13 plan. If a State determines that the individual 

14 is so eligible, the State shall provide the indi15 vidual with written notice of the determination 

16 and provide the individual with continued cov17 erage for such medical assistance for so long as 

18 the individual remains eligible under such oth19 erwise applicable eligibility rules. If a State de20 termines that the individual is not so eligible, 

21 the State shall provide the individual with writ22 ten notice of the determination, including the 

23 reasons for such determination. 

24 (2) SCOPE OF COVERAGE SAME AS CATEGORI25 CALLY NEEDY.—The State shall treat Katrina Sur-
11 

•S 1637 IS

1 vivors as individuals eligible for medical assistance 

2 under the State plan under title XIX of the Social 

3 Security Act on the basis of section 

4 1902(a)(10)(A)(i) of the Social Security Act (42 

5 U.S.C. 1396a(a)(10)(A)(i)), with coverage for such 

6 assistance retroactive to August 29, 2005. 

7 (3) VERIFICATION OF STATUS AS A KATRINA

8 SURVIVOR.— 

9 (A) IN GENERAL.—The State shall make a 

10 good faith effort to verify the status of a 

11 Katrina Survivor enrolled in the State Medicaid 

12 plan under the provisions of this section after 

13 the determination of the eligibility of the Sur14 vivor for medical assistance under such plan. 

15 (B) EVIDENCE OF VERIFICATION.—A 

16 State may satisfy the verification requirement 

17 under subparagraph (A) with respect to a 

18 Katrina Survivor by showing that the State 

19 providing medical assistance obtained informa20 tion from the Social Security Administration, 

21 the Internal Revenue Service, or the State Med22 icaid Agency for the direct impact State. 

23 (C) DISALLOWANCE OF PAYMENTS FOR

24 FAILURE TO MAKE GOOD FAITH EFFORT.—If, 

25 with respect to the status of a Katrina Survivor 
12 

•S 1637 IS

1 enrolled in a State Medicaid plan, the State 

2 fails to make the good faith effort required 

3 under subparagraph (A), and the Secretary de4 termines that the individual so enrolled is not 

5 a Katrina Survivor, the Secretary shall disallow 

6 all Federal payments made to the State that 

7 are directly attributable to medical assistance 

8 provided or administrative costs incurred with 

9 respect to the individual during the disaster re10 lief period. 

11 (4) PENALTY FOR FRAUDULENT APPLICA12 TIONS.— 

13 (A) INDIVIDUAL LIABLE FOR COSTS.—If a 

14 State, as the result of verification activities con15 ducted under paragraph (3), determines after a 

16 fair hearing that an individual has knowingly 

17 made a false self-attestation described in para18 graph (1)(B)(ii), the State may, subject to sub19 paragraph (B), seek recovery from the indi20 vidual for the full amount of the cost of medical 

21 assistance provided to the individual under this 

22 section. 

23 (B) EXCEPTION.—The Secretary shall ex24 empt a State from seeking recovery under sub25 paragraph (A) if the Secretary determines that 
13 

•S 1637 IS

1 it would not be cost-effective for the State to do 

2 so. 

3 (C) REIMBURSEMENT TO THE FEDERAL

4 GOVERNMENT.—Any amounts recovered by a 

5 State in accordance with this paragraph shall 

6 be returned to the Federal government, except 

7 that a State’s administrative costs attributable 

8 to obtaining such recovery shall be reimbursed 

9 by the Federal government in accordance with 

10 section 104(a)(2). 

11 (5) EXEMPTION FROM ERROR RATE PEN12 ALTIES.—All payments attributable to providing 

13 medical assistance to Katrina Survivors in accord14 ance with this section shall be disregarded for pur15 poses of section 1903(u) of the Social Security Act. 

16 SEC. 104. TEMPORARY DISASTER RELIEF FOR STATES 

17 UNDER MEDICAID. 

18 (a) INCREASE IN FEDERAL MATCHING RATE.— 

19 (1) 100 PERCENT FMAP FOR MEDICAL ASSIST20 ANCE.—Notwithstanding section 1905(b) of the So21 cial Security Act (42 U.S.C. 1396d(b)), the Federal 

22 medical assistance percentage for providing medical 

23 assistance under a State medicaid plan under title 

24 XIX of such Act to Katrina Survivors or, in the case 

25 of a direct impact State, to any individual who is 
14 

•S 1637 IS

1 provided medical assistance under the State med2 icaid plan during the disaster relief period, shall be 

3 100 percent. 

4 (2) 100 PERCENT FEDERAL MATCH FOR CER5 TAIN ADMINISTRATIVE COSTS.—Notwithstanding 

6 paragraph (7) of section 1903(a) of such Act (42 

7 U.S.C. 1396b(a)), or any other paragraph of such 

8 section, the Federal matching rate for costs directly 

9 attributable to all administrative activities that re10 late to the enrollment of Katrina Survivors under 

11 section 103 in a State medicaid plan, verification of 

12 the status of such Survivors, processing of claims for 

13 payment for medical assistance provided to such 

14 Survivors under such section, and recovery costs 

15 under section 103(b)(4)(C), shall be 100 percent. 

16 The Secretary shall issue guidance not later 30 days 

17 after the date of enactment of this Act on the imple18 mentation of this paragraph. 

19 (b) LIMITATION ON REDUCTION OF FMAP FOR FIS20 CAL YEAR 2006 FOR ANY STATE.—If the Federal medical 

21 assistance percentage (as defined in section 1905(b) of the 

22 Social Security Act) determined for a State for fiscal year 

23 2006 is less than the Federal medical assistance percent24 age determined for the State for fiscal year 2005, the Fed25 eral medical assistance percentage for the State for fiscal 
15 

•S 1637 IS

1 year 2005 shall apply to the State for fiscal year 2006 

2 only for purposes of title XIX of the Social Security Act. 

3 (c) TEMPORARY SUSPENSION OF MEDICARE

4 ‘‘CLAWBACK’’ AND POSTPONEMENT OF CUT-OFF OF

5 MEDICAID PRESCRIPTION DRUG FUNDING IN AFFECTED

6 STATES.— 

7 (1) SUSPENSION IN APPLICATION OF

8 ‘‘CLAWBACK’’.—Section 1935(c) of the Social Secu9 rity Act (42 U.S.C. 1396u–5(c)) shall not apply, 

10 subject to paragraph (3), before January 2007 to a 

11 direct impact State or to a State that experiences a 

12 significant influx of Katrina Survivors. 

13 (2) CONTINUATION OF MEDICAID DRUG COV14 ERAGE FOR DUAL ELIGIBLES.—Section 1935(d)(1) 

15 of such Act shall also not apply, subject to para16 graph (3), before January 2007 to a part D eligible 

17 individual who is a Katrina Survivor. 

18 (3) TERMINATION OF APPLICATION OF SUB19 SECTION.—Paragraphs (1) and (2) shall no longer 

20 apply to a State or a Katrina Survivor, respectively, 

21 if the Secretary determines, after consultation with 

22 the State, that enrollment of all part D eligible indi23 viduals in the State under part D of title XVIII of 

24 the Social Security Act who are described in section 

25 1935(c)(6)(A)(ii) of such Act can be achieved with-
16 

•S 1637 IS

1 out a discontinuation in prescription drug coverage 

2 for any such individual. 

3 (4) DEFINITION.—For purposes of this sub4 section, the term ‘‘State that experiences a signifi5 cant influx of Katrina Survivors’’ means those 

6 States, including Arkansas, Florida, Oklahoma, and 

7 Texas, that the Secretary of Health and Human 

8 Services identifies as having a significant in-migra9 tion of Katrina Survivors. 

10 SEC. 105. ACCOMMODATION OF SPECIAL NEEDS OF 

11 KATRINA SURVIVORS UNDER MEDICARE PRO12 GRAM. 

13 (a) EXCLUSION OF DISASTER RELIEF PERIOD IN

14 COMPUTING PART B LATE ENROLLMENT PENALTY.—In 

15 applying the first sentence of section 1839(b) of the Social 

16 Security Act (42 U.S.C. 1395r(b)) in the case of a Katrina 

17 Survivor, there shall not be taken into account any month 

18 any part of which is within the disaster relief period or 

19 within the 2-month period following the end of such dis20 aster relief period. 

21 (b) PART D.— 

22 (1) EXTENSION OF INITIAL ENROLLMENT PE23 RIOD.—In the case of a Katrina Survivor, the initial 

24 enrollment period under section 1860D–1(b)(2) of 

25 the Social Security Act (42 U.S.C. 1395w– 
17 

•S 1637 IS

1 101(b)(2)) shall in no case end before May 15, 

2 2007. 

3 (2) FLEXIBILITY IN DOCUMENTATION FOR

4 LOW-INCOME SUBSIDIES.—For purposes of carrying 

5 out section 1860D–14 of the Social Security Act (42 

6 U.S.C. 1395w–114), with respect to Katrina Sur7 vivors, the Secretary of Health and Human Services 

8 shall establish documentation rules for Katrina Sur9 vivors which take into account the loss and unavail10 ability of documents due to Hurricane Katrina. 

11 TITLE II—EDUCATION 

12 Subtitle A—Support for 

13 Elementary and Secondary Schools 

14 SEC. 201. SUPPORT FOR ELEMENTARY AND SECONDARY 

15 SCHOOLS. 

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

17 (1) to provide assistance to eligible local edu18 cational agencies experiencing large increases in stu19 dent enrollment due to Hurricane Katrina; 

20 (2) to facilitate the enrollment of students im21 pacted by Hurricane Katrina into elementary schools 

22 and secondary schools served by such agencies; and 

23 (3) to provide high quality instruction to such 

24 students. 

25 (b) GRANTS AUTHORIZED.— 
18 

•S 1637 IS

1 (1) IN GENERAL.—The Secretary of Education 

2 shall award grants to eligible local educational agen3 cies. 

4 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN5 CIES.— 

6 (A) CHILD COUNT.—Each State that has a 

7 large influx of displaced students due to Hurri8 cane Katrina, as determined by the Secretary of 

9 Education, shall set a child count date for local 

10 educational agencies in the State that have a 

11 large influx of such students, as determined by 

12 the State, for the purpose of determining the 

13 total number of such students in each such 

14 agency. 

15 (B) DEFINITION.—In this section, the 

16 term ‘‘eligible local educational agency’’ means 

17 a local educational agency— 

18 (i) that serves, as determined in ac19 cordance with the child count described in 

20 subparagraph (A), not less than 50 dis21 placed students due to Hurricane Katrina; 

22 or 

23 (ii) that serves an elementary school 

24 or secondary school in which not less than 

25 3 percent of the students enrolled at the 
19 

•S 1637 IS

1 school are displaced students due to Hurri2 cane Katrina, as determined in accordance 

3 with the child count described in subpara4 graph (A). 

5 (3) GRANT AMOUNT.—An eligible local edu6 cational agency that receives a grant under this sec7 tion shall receive a grant amount that is equal to 

8 $2,500 multiplied by the number of students who 

9 enroll in elementary schools and secondary schools 

10 served by such agency because the students are dis11 placed due to Hurricane Katrina. 

12 (c) APPLICATION.—Each eligible local educational 

13 agency desiring a grant under this section shall prepare 

14 and submit an application to the Secretary of Education 

15 that contains— 

16 (1) an assurance that the educational pro17 grams, services, and activities proposed under this 

18 section will be administered by or under the super19 vision of the agency; 

20 (2) an assurance that the agency will coordinate 

21 the use of funds received under this section with 

22 other funds received by the agency under the Ele23 mentary and Secondary Education Act of 1965 (20 

24 U.S.C. 6301 et seq.) and with programs described 

25 under such Act; 
20 

•S 1637 IS

1 (3) an assurance that funds will be used— 

2 (A) to improve instruction to students who 

3 enroll in elementary schools and secondary 

4 schools served by such agency because the stu5 dents are displaced due to Hurricane Katrina; 

6 and 

7 (B) to facilitate such students’ transition 

8 into schools served by the agency; and 

9 (4) such other information and assurances as 

10 the Secretary may reasonably require. 

11 (d) USE OF FUNDS.—Each eligible local educational 

12 agency that receives a grant under this section shall use 

13 the grant funds to enhance instructional opportunities for 

14 students who enroll in elementary schools and secondary 

15 schools served by such agency because the students are 

16 displaced due to Hurricane Katrina, which may include— 

17 (1) basic instructional services for such stu18 dents, including tutoring, mentoring, or academic 

19 counseling; 

20 (2) salaries of personnel, including teacher 

21 aides, to provide instructional services to such stu22 dents; 

23 (3) identification and acquisition of curricular 

24 material, including the costs of providing additional 

25 classroom supplies, overhead costs, costs of construc-
21 

•S 1637 IS

1 tion, acquisition or rental of space, costs of transpor2 tation, or such other costs as are directly attrib3 utable to such instructional services for such stu4 dents; 

5 (4) health services (including mental health 

6 services), meals, and clothing; and 

7 (5) such other activities, related to the purpose 

8 of this section, as the Secretary of Education may 

9 authorize. 

10 Subtitle B—Fund for Early 

11 Childhood Care and Education 

12 SEC. 211. FUND FOR EARLY CHILDHOOD CARE AND EDU13 CATION. 

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

15 (1) to provide assistance to local communities 

16 experiencing large influxes of preschool-aged chil17 dren displaced by Hurricane Katrina; and 

18 (2) to facilitate placement of such children in 

19 early childhood education programs. 

20 (b) EARLY CHILDHOOD EDUCATION PROGRAMS.—In 

21 this section, the term ‘‘early childhood education pro22 gram’’ means a Head Start program or an Early Head 

23 Start program carried out under the Head Start Act (42 

24 U.S.C. 9831 et seq.), a State licensed or regulated child 

25 care program or school, or a State prekindergarten pro-
22 

•S 1637 IS

1 gram that serves children from birth through kinder2 garten. 

3 (c) GRANTS AND SUBGRANTS AUTHORIZED.— 

4 (1) GRANTS.—The Secretary of Health and 

5 Human Services shall award grants to States dem6 onstrating large influxes of children and families dis7 placed due to Hurricane Katrina. 

8 (2) SUBGRANTS.— 

9 (A) IN GENERAL.—A State receiving a 

10 grant under paragraph (1) shall award sub11 grants to affected local communities in the 

12 State to facilitate placement of displaced chil13 dren in existing early childhood education pro14 grams. 

15 (B) AFFECTED LOCAL COMMUNITIES.—In 

16 this paragraph, the term ‘‘affected local com17 munity’’ means a local community in a State 

18 described in subparagraph (A) in which— 

19 (i) there are not less than 200 pre20 school aged children who are displaced due 

21 to Hurricane Katrina; or 

22 (ii) there is a significant percentage of 

23 the total number of children participating 

24 in early childhood education programs in 

25 the community who are children who are in 
23 

•S 1637 IS

1 the community because the children are 

2 displaced due to Hurricane Katrina, as de3 termined by the Secretary of Health and 

4 Human Services. 

5 (d) APPLICATIONS.—Each State that desires to re6 ceive a grant under this section shall prepare and submit 

7 an application to the Secretary of Health and Human 

8 Services that contains— 

9 (1) a description of the collaborative planning 

10 process between the State agency responsible for 

11 pre-kindergarten, State child care administrator, and 

12 Head Start Collaboration Director to facilitate the 

13 placement of children who are displaced due to Hur14 ricane Katrina in early childhood education pro15 grams; 

16 (2) assurances that funds received under this 

17 section will be used for the purpose described in sub18 section (a); 

19 (3) a plan to coordinate funds received under 

20 this section with existing resources available to the 

21 early childhood education programs for similar pur22 poses; and 

23 (4) such other information and assurances as 

24 the Secretary of Health and Human Services may 

25 reasonably require. 
24 

•S 1637 IS

1 (e) USE OF SUBGRANT FUNDS.— 

2 (1) IN GENERAL.—Each affected local commu3 nity receiving a subgrant under this section shall use 

4 the subgrant funds only for— 

5 (A) costs associated with accommodating 

6 the influx of displaced children, including acqui7 sition or rental of space; 

8 (B) costs associated with providing services 

9 to displaced children, including related services 

10 such as nutrition and acquisition of related ma11 terials; and 

12 (C) costs associated with hiring additional 

13 personnel, including teacher aides or personnel 

14 working with families of children. 

15 (2) INCOME AND DOCUMENTATION WAIVER.— 

16 The Secretary of Health and Human Services shall 

17 waive requirements of income eligibility and docu18 mentation for children displaced by Hurricane 

19 Katrina who participate in Head Start programs 

20 and Early Head Start programs funded by sub21 grants awarded pursuant to this section. 

22 Subtitle C—Support for Students 

23 in Higher Education 

24 SEC. 221. SUPPORT FOR STUDENTS IN HIGHER EDUCATION. 

25 (a) STUDENTS IN SCHOOL.— 
25 

•S 1637 IS

1 (1) NO QUESTIONS ASKED POLICY.—The Sec2 retary of Education shall authorize an institution of 

3 higher education to waive Federal financial aid re4 quirements, as determined appropriate by the Sec5 retary of Education, with respect to a student at 

6 such institution who enrolls in such institution be7 cause such student was impacted by Hurricane 

8 Katrina. 

9 (2) CAMPUS-BASED AID.— 

10 (A) SEOG.— 

11 (i) IN GENERAL.— 

12 (I) AUTHORIZATION.—From 

13 funds appropriated pursuant to sub14 clause (II), the Secretary of Edu15 cation shall carry out a program of 

16 making payments to institutions of 

17 higher education to enable such insti18 tutions to award Federal supple19 mental educational opportunity grants 

20 under subpart 3 of part A of title IV 

21 of the Higher Education Act of 1965 

22 (20 U.S.C. 1070b et seq.) to students 

23 enrolled at such institutions who are 

24 eligible to receive a grant under such 

25 subpart and who enrolled at such in-
26 

•S 1637 IS

1 stitutions because the students are 

2 displaced due to Hurricane Katrina, 

3 as determined by the Secretary. 

4 (II) AUTHORIZATION OF APPRO5 PRIATIONS.—There are authorized to 

6 be appropriated to carry out subclause 

7 (I) such sums as may be necessary. 

8 (ii) WAIVER OF NONFEDERAL

9 SHARE.—Notwithstanding subpart 3 of 

10 part A of title IV of the Higher Education 

11 Act of 1965 (20 U.S.C. 1070b et seq.), the 

12 Federal share of awards made pursuant to 

13 this subparagraph shall be equal to 100 

14 percent. 

15 (B) WORK-STUDY PROGRAMS.— 

16 (i) IN GENERAL.— 

17 (I) AUTHORIZATION.—From 

18 funds appropriated pursuant to sub19 clause (II), the Secretary of Edu20 cation shall carry out a program of 

21 awarding grants to institutions of 

22 higher education to enable such insti23 tutions to carry out work-study pro24 grams under part C of title IV of the 

25 Higher Education Act of 1965 (20 
27 

•S 1637 IS

1 U.S.C. 2751 et seq.) for students en2 rolled at such institutions who are eli3 gible to participate in work-study pro4 grams under such part and who en5 rolled at such institutions because the 

6 students are displaced due to Hurri7 cane Katrina, as determined by the 

8 Secretary. 

9 (II) AUTHORIZATION OF APPRO10 PRIATIONS.—There are authorized to 

11 be appropriated to carry out subclause 

12 (I) such sums as may be necessary. 

13 (ii) WAIVER OF NONFEDERAL

14 SHARE.—Notwithstanding part C of title 

15 IV of the Higher Education Act of 1965 

16 (20 U.S.C. 2751 et seq.), the Federal 

17 share of the compensation of students 

18 made pursuant to this subparagraph shall 

19 be equal to 100 percent. 

20 (b) HELP FOR INDIVIDUALS WITH STUDENT

21 LOANS.— 

22 (1) DEFINITIONS.—In this subsection: 

23 (A) ELIGIBLE BORROWER.—The term ‘‘eli24 gible borrower’’ means an individual who has 

25 lost the individual’s job due to the impact of 
28 

•S 1637 IS

1 Hurricane Katrina, as determined by the Sec2 retary of Education. 

3 (B) ELIGIBLE LOAN.—In this subsection, 

4 the term ‘‘eligible loan’’ means a student loan 

5 of an eligible borrower made, insured, or guar6 anteed under title IV of the Higher Education 

7 Act of 1965 (20 U.S.C. 1070 et seq.). 

8 (2) GRACE PERIOD.—The Secretary of Edu9 cation shall carry out a program in which the Sec10 retary enters into an agreement with the holder of 

11 an eligible loan in which, for a 6 month period, peri12 odic installments of principal are not paid but inter13 est shall accrue and be paid by the Secretary on 

14 such loan. 

15 (3) PERIOD NOT TO COUNT AGAINST ECONOMIC

16 HARDSHIP PERIODS PROVIDED IN HIGHER EDU17 CATION ACT OF 1965.—Notwithstanding any provi18 sion of the Higher Education Act of 1965 (20 

19 U.S.C. 1001 et seq.), the 6-month grace period pro20 vided in paragraph (2) for an eligible borrower shall 

21 not count as part of the 3-year economic hardship 

22 periods provided in sections 427(a)(2)(C)(iii), 

23 428(b)(1)(M)(iii), 455(f)(2)(C), and 

24 464(c)(2)(A)(iii) of the Higher Education Act of 

25 1965 (20 U.S.C. 1077(a)(2)(C)(iii), 
29 

•S 1637 IS

1 1078(b)(1)(M)(iii), 1087e(f)(2)(C), and 

2 1087dd(c)(2)(A)(iii)). 

3 TITLE III—EMERGENCY 

4 HOUSING ASSISTANCE 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Helping to House the 

7 Victims of Hurricane Katrina Act of 2005’’. 

8 SEC. 302. HURRICANE KATRINA EMERGENCY ASSISTANCE 

9 VOUCHERS. 

10 Section 8(o) of the United States Housing Act of 

11 1937 (42 U.S.C. 1437f(o)) is amended by adding at the 

12 end the following: 

13 ‘‘(20) HURRICANE KATRINA EMERGENCY AS14 SISTANCE VOUCHERS.— 

15 ‘‘(A) IN GENERAL.—Subject to section 501 

16 of the Katrina Emergency Relief Act of 2005, 

17 during the 6-month period beginning on the 

18 date of enactment of the Katrina Emergency 

19 Relief Act of 2005, the Secretary shall provide 

20 temporary rental assistance to any individual or 

21 family, if— 

22 ‘‘(i) the individual or family resides, 

23 or resided on August 29, 2005, in any area 

24 that is subject to a declaration by the 

25 President of a major disaster or emergency 
30 

•S 1637 IS

1 under the Robert T. Stafford Disaster Re2 lief and Emergency Assistance Act (42 

3 U.S.C. 5121 et seq.) in connection with 

4 Hurricane Katrina; and 

5 ‘‘(ii) the residence of the individual or 

6 family became uninhabitable or inaccessible 

7 as result of that major disaster or emer8 gency. 

9 ‘‘(B) REGULATIONS.—Not later than 30 

10 days after the date of enactment of the Katrina 

11 Emergency Relief Act of 2005, the Secretary 

12 shall issue final rules to establish the proce13 dures applicable to the issuance of assistance 

14 under subparagraph (A). 

15 ‘‘(C) NOTICE.—The Secretary, in consulta16 tion with the Director of the Federal Emer17 gency Management Agency and such other 

18 agencies as the Secretary determines appro19 priate, shall establish procedures for providing 

20 notice of the availability of assistance under 

21 this paragraph to individuals or families that 

22 may be eligible for such assistance. 

23 ‘‘(D) AUTHORITY TO CONTRACT WITH

24 PHA’S AND OTHERS.—The Secretary may con25 tract with any State or local government agency 
31 

•S 1637 IS

1 or public housing agency, or in consultation 

2 with any State or local government agency, with 

3 any other entity, to ensure that assistance pay4 ments under this paragraph are provided in an 

5 efficient and expeditious manner. 

6 ‘‘(E) WAIVER OF ELIGIBILITY REQUIRE7 MENTS.—In providing assistance under this 

8 paragraph, the Secretary shall waive the re9 quirements under— 

10 ‘‘(i) paragraph (2), relating to tenant 

11 contributions towards rent, except that any 

12 such waiver shall expire on an individual’s 

13 return to work; 

14 ‘‘(ii) paragraph (4), relating to the eli15 gibility of individuals to receive assistance; 

16 ‘‘(iii) subsection (k) and paragraph 

17 (5) of this subsection, relating to 

18 verification of income; 

19 ‘‘(iv) paragraph (7)(A), relating to the 

20 requirement that leases shall be for a term 

21 of 1 year; 

22 ‘‘(v) paragraph (8), relating to initial 

23 inspection of housing units by a public 

24 housing agency; and 
32 

•S 1637 IS

1 ‘‘(vi) subsection (r)(1)(B), relating to 

2 restrictions on portability. 

3 ‘‘(F) USE OF FUNDS.—Notwithstanding 

4 any other provision of law, funds available for 

5 assistance under this paragraph— 

6 ‘‘(i) shall be made available by the 

7 Secretary to individuals to cover the cost 

8 of— 

9 ‘‘(I) rent; 

10 ‘‘(II) security and utility depos11 its; 

12 ‘‘(III) relocation expenses, includ13 ing expenses incurred in relocating 

14 back to the major disaster area when 

15 such relocation is permitted; and 

16 ‘‘(IV) such additional expenses as 

17 the Secretary determines necessary; 

18 and 

19 ‘‘(ii) shall be used by the Secretary— 

20 ‘‘(I) for payments to public hous21 ing agencies, State or local govern22 ment agencies, or other voucher ad23 ministrators for vouchers used to as24 sist individuals or families affected by 

25 the major disaster or emergency de-
33 

•S 1637 IS

1 scribed in this paragraph up to their 

2 authorized level of vouchers, if any 

3 such vouchers are not otherwise fund4 ed; and 

5 ‘‘(II) to provide operating sub6 sidies to public housing agencies for 

7 public housing units provided to indi8 viduals or families affected by the 

9 major disaster or emergency described 

10 in this paragraph, if such a subsidy 

11 was not previously provided for those 

12 units. 

13 ‘‘(G) PAYMENT STANDARD.—For purposes 

14 of this paragraph, the payment standard for 

15 each size of dwelling unit in a market area may 

16 not exceed 150 percent, or higher if the Sec17 retary approves of such increase, of the fair 

18 market rental established under subsection (c) 

19 for the same size dwelling unit in the same 

20 market area, and shall be not less than 90 per21 cent of that fair market rental. 

22 ‘‘(H) NONDISCRIMINATION.—In selecting 

23 individuals or families for tenancy, a landlord 

24 or owner may not exclude or penalize an indi25 vidual or family solely because any portion of 
34 

•S 1637 IS

1 the rental payment of that individual or family 

2 is provided under this paragraph. 

3 ‘‘(21) ASSISTANCE FOR CURRENT VOUCHER RE4 CIPIENTS AFFECTED BY HURRICANE KATRINA.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 waive any of the requirements described in 

7 clauses (i) through (vi) of paragraph (20)(E) 

8 for any individual or family receiving assistance 

9 under this section on August 29, 2005, if— 

10 ‘‘(i) the individual or family resides, 

11 or resided on August 29, 2005, in any area 

12 that is subject to a declaration by the 

13 President of a major disaster or emergency 

14 under the Robert T. Stafford Disaster Re15 lief and Emergency Assistance Act (42 

16 U.S.C. 5121 et seq.) in connection with 

17 Hurricane Katrina; and 

18 ‘‘(ii) the residence of the individual or 

19 family became uninhabitable or inaccessible 

20 as result of that major disaster or emer21 gency. 

22 ‘‘(B) ADDITIONAL USES OF FUNDS.—Not23 withstanding any other provision of law, the 

24 Secretary shall provide, as the Secretary deter25 mines appropriate, supplemental assistance to 
35 

•S 1637 IS

1 an individual or family receiving assistance 

2 under this section on August 29, 2005, and 

3 meeting the requirements described in subpara4 graph (A), to assist the individual or family 

5 with the additional costs of relocating to new 

6 housing, including to cover— 

7 ‘‘(i) the additional cost of rent and 

8 utilities; 

9 ‘‘(ii) security and utility deposits; 

10 ‘‘(iii) relocation expenses, including 

11 expenses incurred in relocating back to the 

12 major disaster area when such relocation is 

13 permitted; and 

14 ‘‘(iv) such additional expenses as the 

15 Secretary determines necessary. 

16 ‘‘(C) PAYMENT STANDARD.—For purposes 

17 of this paragraph, the payment standard for 

18 each size of dwelling unit in a market area may 

19 not exceed 150 percent, or higher if the Sec20 retary approves of such increase, of the fair 

21 market rental established under subsection (c) 

22 for the same size dwelling unit in the same 

23 market area, and shall be not less than 90 per24 cent of that fair market rental. 
36 

•S 1637 IS

1 ‘‘(D) NONDISCRIMINATION.—A landlord or 

2 owner may not exclude or penalize an individual 

3 or family solely because that individual or fam4 ily is eligible for any waivers or benefits pro5 vided under this paragraph. 

6 ‘‘(22) AUTHORITY OF THE SECRETARY TO DI7 RECTLY ADMINISTER VOUCHERS WHEN PHA’S ARE

8 UNABLE TO DO SO.—If the Secretary determines 

9 that a public housing agency is unable to implement 

10 the provisions of this subsection due to the effects 

11 of Hurricane Katrina, the Secretary may— 

12 ‘‘(A) directly administer any voucher pro13 gram described in paragraphs (1) through (20); 

14 and 

15 ‘‘(B) perform the functions assigned to a 

16 public housing agency by this subsection.’’. 

17 SEC. 303. REPORT ON INVENTORY OF AVAILABILITY OF 

18 TEMPORARY HOUSING. 

19 Not later than 10 days after the date of enactment 

20 of this Act, the Secretary of Defense, the Administrator 

21 of the General Services Administration, the Secretary of 

22 Agriculture, and such other agency heads as the Secretary 

23 determines appropriate, shall compile and report to the 

24 Secretary an inventory of Federal civilian and defense fa25 cilities that can be used— 
37 

•S 1637 IS

1 (1) to provide emergency housing; or 

2 (2) as locations for the construction or deploy3 ment of temporary housing units. 

4 SEC. 304. APPROPRIATION OF FUNDING. 

5 (a) IN GENERAL.—There are authorized to be appro6 priated and are appropriated $3,500,000,000 to provide 

7 assistance under this title. 

8 (b) EMERGENCY DESIGNATION.—The amount appro9 priated under subsection (a) is designated as an emer10 gency requirement pursuant to section 402 of H. Con. 

11 Res. 95 (109th Congress). 

12 TITLE IV—FINANCIAL RELIEF 

13 Subtitle A—Limitation on 

14 Payments 

15 SEC. 401. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Hurricane Emer17 gency Limitation on Payments (HELP) Act of 2005’’. 

18 SEC. 402. DEFINITIONS. 

19 In this subtitle: 

20 (1) DISASTER.—The term ‘‘Disaster’’ means 

21 the major disasters declared by the President on Au22 gust 29, 2005, relating to damage caused by Hurri23 cane Katrina. 

24 (2) INJURED PERSON.—The term ‘‘injured per25 son’’ means any individual or entity that suffers 
38 

•S 1637 IS

1 harm resulting from the Disaster that makes the in2 dividual or entity eligible to receive, and the indi3 vidual or entity submits an application in good faith 

4 to receive— 

5 (A) housing assistance under section 

6 408(b) of the Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 

8 5174(b)); 

9 (B) financial assistance to address other 

10 needs under section 408(e) of that Act (42 

11 U.S.C. 5174(e)); 

12 (C) unemployment assistance under section 

13 410 of that Act (42 U.S.C. 5177) (as amended 

14 by subtitle C); 

15 (D) a disaster loan under section 7(b) of 

16 the Small Business Act (15 U.S.C. 636(b)); or 

17 (E) an emergency loan made under subtitle 

18 C of the Consolidated Farm and Rural Develop19 ment Act (7 U.S.C. 1961 et seq.). 

20 SEC. 403. MORATORIUM ON PAYMENTS. 

21 (a) IN GENERAL.—Except as otherwise provided in 

22 this subtitle, no injured person shall be subject to a pen23 alty or a requirement to pay interest for a failure of the 

24 injured person, as a result of the Disaster, to make timely 
39 

•S 1637 IS

1 payment of a financial obligation for any loan made, sub2 sidized, or guaranteed by the United States. 

3 (b) APPLICABILITY TO LOANS.—The moratorium 

4 under subsection (a) shall not apply to any loan made to 

5 or assumed by an injured person on or after August 29, 

6 2005. 

7 (c) PERIOD OF EFFECTIVENESS.—The moratorium 

8 under subsection (a) shall apply in accordance with section 

9 501 to the failure of an injured person to make timely 

10 payments. 

11 (d) ELIGIBILITY.—If a Federal agency responsible 

12 for administering a benefit program referred to in section 

13 402(b) determines that an individual or entity that has 

14 applied to receive a benefit under the program is not eligi15 ble to receive the benefit, the individual or entity, for pur16 poses of the moratorium under subsection (a), shall cease 

17 to be considered an injured person as of the date on which 

18 the individual or entity receives notice of the determina19 tion of the Federal agency. 

20 (e) FEDERAL RESPONSIBILITY.—In the case of a 

21 moratorium on payments on a loan subsidized or guaran22 teed by the United States, nothing in this section excuses 

23 the United States from any liability of the United States 

24 to the lender under the terms of the agreement between 

25 the United States and the lender. 
40 

•S 1637 IS

1 (f) EFFECT OF OTHER LAW.—The moratorium 

2 under subsection (a) shall apply to an injured person only 

3 if, and to the extent that, the injured person is not excused 

4 from, or eligible to be excused from, the obligation under 

5 other applicable law. 

6 Subtitle B—Individual and 

7 Household Assistance 

8 SEC. 411. INDIVIDUAL AND HOUSEHOLD ASSISTANCE. 

9 (a) MAXIMUM AMOUNTS.—Notwithstanding section 

10 408 of the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5174), in providing as12 sistance to individuals and households affected by Hurri13 cane Katrina, the President may waive the limitation on 

14 total assistance under subsection (h) of that section. 

15 (b) MORTGAGE AND RENTAL ASSISTANCE.— 

16 (1) IN GENERAL.—During the 18-month period 

17 beginning on the date of enactment of this Act, the 

18 President may provide assistance in the form of 

19 mortgage or rental payments for persons described 

20 in paragraph (2). 

21 (2) ELIGIBLE PERSONS.—Assistance under 

22 paragraph (1) may be provided to any individual or 

23 household that— 

24 (A) resided on August 29, 2005, in an 

25 area that is subject to a declaration by the 
41 

•S 1637 IS

1 President of a major disaster under the Robert 

2 T. Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5121 et seq.) in con4 nection with Hurricane Katrina; and 

5 (B) as a result of financial hardship 

6 caused by a major disaster described in sub7 paragraph (A), is subject to dispossession or 

8 eviction from a residence due to foreclosure of 

9 a mortgage or lien or termination of a lease en10 tered into before the date on which the major 

11 disaster is declared. 

12 (c) TYPES OF HOUSING ASSISTANCE.—No limitation 

13 relating to the maximum amount of assistance under 

14 paragraph (2) or (3) of section 408(c) of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5174(c)) shall apply with respect to major dis17 aster FEMA-1603-DR-Louisiana, FEMA-1604-DR-Mis18 sissippi, or FEMA-1605-DR-Alabama. 

19 (d) FINANCIAL ASSISTANCE TO ADDRESS OTHER

20 NEEDS.—Notwithstanding section 408(g)(2) of the Rob21 ert T. Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5174(g)(2)), in the case of financial assist23 ance provided under subsection (e) of that section to any 

24 individual or household in response to a major disaster 
42 

•S 1637 IS

1 referred to in subsection (c), the Federal share shall be 

2 100 percent. 

3 Subtitle C—Unemployment 

4 Assistance 

5 SEC. 421. UNEMPLOYMENT ASSISTANCE. 

6 Section 410 of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5177) is 

8 amended by striking the section heading and all that fol9 lows through the end of subsection (a) and inserting the 

10 following: 

11 ‘‘SEC. 410. UNEMPLOYMENT ASSISTANCE. 

12 ‘‘(a) PROVISION OF UNEMPLOYMENT ASSISTANCE.— 

13 ‘‘(1) ASSISTANCE.— 

14 ‘‘(A) IN GENERAL.—The President shall 

15 provide to any individual unemployed as a re16 sult of a major disaster such benefit assistance 

17 as the President determines to be appropriate. 

18 ‘‘(B) LOCATION OF EMPLOYMENT.—An in19 dividual that is unemployed as a result of a 

20 major disaster as determined under subpara21 graph (A) may receive assistance under this 

22 subsection regardless of whether the individual 

23 was employed at a location within the declared 

24 disaster area. 
43 

•S 1637 IS

1 ‘‘(C) REASON FOR UNEMPLOYMENT.—For 

2 purposes of this subsection, an individual who is 

3 unemployed because a loss of business resulting 

4 from a major disaster contributed importantly 

5 to the employer’s decision to reduce or termi6 nate employment shall be considered to be an 

7 individual unemployed as a result of a major 

8 disaster. 

9 ‘‘(D) ELIGIBILITY.—An individual shall be 

10 eligible to receive assistance under this sub11 section regardless of whether the individual is 

12 eligible to receive, or has exhausted eligibility 

13 for, State unemployment compensation. 

14 ‘‘(2) AVAILABILITY.—Assistance provided to an 

15 unemployed individual under paragraph (1) shall be 

16 available as long as the unemployment of the indi17 vidual caused by the major disaster continues, or 

18 until the individual is reemployed in at least a com19 parable position, but not longer than 52 weeks after 

20 the date on which the unemployed individual first re21 ceives assistance. 

22 ‘‘(3) MAXIMUM AND MINIMUM WEEKLY

23 AMOUNTS.—The amount of assistance provided to 

24 an unemployed individual under this subsection for 

25 each week of unemployment shall be— 
44 

•S 1637 IS

1 ‘‘(A) unless the amount is less than the 

2 amount described in subparagraph (B), not 

3 more than the maximum weekly amount au4 thorized under the unemployment compensation 

5 law of the State in which the disaster occurred; 

6 and 

7 ‘‘(B) not less than the national average 

8 weekly unemployment benefit provided to an in9 dividual as of the date of the major disaster for 

10 which unemployment assistance is provided. 

11 ‘‘(4) PERIOD FOR APPLICATION.—The Presi12 dent shall accept applications for assistance under 

13 this subsection for— 

14 ‘‘(A) the 90-day period beginning on the 

15 date on which the applicable major disaster is 

16 declared; or 

17 ‘‘(B) such longer period as may be estab18 lished by the President. 

19 ‘‘(5) COOPERATION WITH STATES.—The Presi20 dent shall provide assistance under this subsection 

21 through agreements with States that, in the judg22 ment of the President, have an adequate system for 

23 administering the assistance through existing State 

24 agencies.’’. 
45 

•S 1637 IS

1 Subtitle D—Tax Relief 

2 SEC. 431. REQUIRED EXERCISE OF AUTHORITY UNDER SEC3 TION 7508A FOR TAX RELIEF FOR VICTIMS OF 

4 HURRICANE KATRINA. 

5 In the case of any taxpayer determined by the Sec6 retary of the Treasury to be affected by the Presidentially 

7 declared disaster relating to Hurricane Katrina, the Sec8 retary of the Treasury shall specify a period under section 

9 7508A of the Internal Revenue Code of 1986 of not less 

10 than 6 months beginning on August 29, 2005, that may 

11 be disregarded with respect to all of the acts described 

12 in section 7508(a)(1) of such Code. 

13 SEC. 432. PENALTY FREE WITHDRAWALS FROM RETIRE14 MENT PLANS FOR VICTIMS OF HURRICANE 

15 KATRINA. 

16 (a) EXCLUSION FROM INCOME OF CERTAIN DIS17 TRIBUTIONS WHICH ARE REPAID.—Section 72 of the In18 ternal Revenue Code of 1986 (relating to individual retire19 ment accounts) is amended by redesignating subsection 

20 (x) as subsection (y) and by inserting after subsection (w) 

21 the following new subsection: 

22 ‘‘(x) REPAYABLE DISTRIBUTIONS FROM QUALIFIED

23 RETIREMENT PLANS FOR VICTIMS OF HURRICANE

24 KATRINA.— 
46 

•S 1637 IS

1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of this section, gross income shall not in3 clude any qualified distribution. 

4 ‘‘(2) REPAYMENT REQUIREMENT.— 

5 ‘‘(A) ADDITION TO TAX.—If the required 

6 recontributions made by the taxpayer during 

7 the repayment period are less than the qualified 

8 distribution, the tax imposed by this chapter for 

9 the last taxable year in the repayment period 

10 shall be increased by the amount determined 

11 under subparagraph (B). 

12 ‘‘(B) DETERMINATION OF AMOUNT.—The 

13 amount determined under this subparagraph 

14 shall be an amount which bears the same ratio 

15 to the tax benefit amount as— 

16 ‘‘(i) the excess (if any) of the qualified 

17 distribution over required recontributions 

18 made during the repayment period, bears 

19 to 

20 ‘‘(ii) the qualified distribution. 

21 ‘‘(C) REPAYMENT PERIOD.—For purposes 

22 of this subsection, the term ‘repayment period’ 

23 means, with respect to any qualified distribu24 tion, the 5-taxable year period beginning after 
47 

•S 1637 IS

1 the taxable year in which such distribution is 

2 received. 

3 ‘‘(D) TAX BENEFIT AMOUNT.—For pur4 poses of this subsection, the term ‘tax benefit 

5 amount’ means, with respect to any qualified 

6 distribution, the aggregate reduction in the tax 

7 imposed by this chapter for the taxable year in 

8 which such distribution is received by reason of 

9 the exclusion under paragraph (1). 

10 ‘‘(3) QUALIFIED DISTRIBUTION.—For purposes 

11 of this subsection, the term ‘qualified distribution’ 

12 means any distribution to an individual who has a 

13 principal place of abode within the area designated 

14 as a disaster area by the President under the Robert 

15 T. Stafford Disaster Relief and Emergency Assist16 ance Act in connection with Hurricane Katrina— 

17 ‘‘(A) if such distribution is made during 

18 the 6-month period beginning on the date such 

19 declaration is made, and 

20 ‘‘(B) to the extent such distribution does 

21 not exceed the excess of— 

22 ‘‘(i) the amount of expenses incurred 

23 as a result of such disaster, over 
48 

•S 1637 IS

1 ‘‘(ii) the amount of such expenses 

2 which are compensated for by insurance or 

3 otherwise. 

4 ‘‘(4) RECONTRIBUTION OF QUALIFIED DIS5 TRIBUTIONS.— 

6 ‘‘(A) IN GENERAL.—If an individual re7 ceived a qualified distribution, such individual 

8 shall make required recontributions in the man9 ner provided in this paragraph to an individual 

10 retirement plan maintained for the benefit of 

11 such individual. 

12 ‘‘(B) METHOD OF MAKING RECONTRIBU13 TION.—Any required recontribution— 

14 ‘‘(i) shall be made during the repay15 ment period for the qualified distribution, 

16 ‘‘(ii) shall not exceed the qualified dis17 tribution reduced by any prior recontribu18 tion under this paragraph with respect to 

19 such distribution, and 

20 ‘‘(iii) shall be made by making a pay21 ment in cash to the qualified retirement 

22 plan from which the qualified distribution 

23 was made. 

24 An individual making a required recontribution 

25 under this paragraph shall designate (in the 
49 

•S 1637 IS

1 manner prescribed by the Secretary) such con2 tribution as a required recontribution under 

3 this paragraph and shall specify the qualified 

4 distribution with respect to which such recon5 tribution is being made. 

6 ‘‘(C) TREATMENT OF CONTRIBUTION.— 

7 For purposes of this title, any required recon8 tribution under this paragraph shall not be 

9 taken into account for purposes of any limita10 tion on contributions to a qualified retirement 

11 plan (as so defined). 

12 ‘‘(5) OTHER SPECIAL RULES.— 

13 ‘‘(A) BASIS RULES NOT AFFECTED.—The 

14 tax treatment under this chapter of any dis15 tribution (other than a qualified distribution) 

16 shall be determined as if this subsection had 

17 not been enacted. 

18 ‘‘(B) AGGREGATION RULE.—For purposes 

19 of this subsection, all qualified distributions re20 ceived by an individual during a taxable year 

21 shall be treated as a single distribution.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to distributions received after the 

24 date of the enactment of this Act, in taxable years ending 

25 after such date. 
50 

•S 1637 IS

1 Subtitle E—Hurricane Katrina 

2 Food Assistance Relief 

3 SEC. 441. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Hurricane Katrina 

5 Food Assistance Relief Act of 2005’’. 

6 SEC. 442. DEFINITION OF SECRETARY. 

7 In this subtitle, the term ‘‘Secretary’’ means the Sec8 retary of Agriculture. 

9 SEC. 443. FOOD STAMP PROGRAM DISASTER AUTHORITY. 

10 (a) IN GENERAL.—Section 5(h) of the Food Stamp 

11 Act of 1977 (7 U.S.C. 2014(h)) is amended by adding 

12 at the end the following: 

13 ‘‘(4) RESPONSE TO HURRICANE KATRINA.— 

14 ‘‘(A) DEFINITIONS.—In this paragraph: 

15 ‘‘(i) AFFECTED AREA.— 

16 ‘‘(I) IN GENERAL.—The term ‘af17 fected area’ means an area of a State that 

18 the Secretary determines was affected by 

19 Hurricane Katrina or a related condition. 

20 ‘‘(II) INCLUSION.—The term ‘affected 

21 area’ includes any area that, as a result of 

22 Hurricane Katrina or a related condition, 

23 was covered by— 

24 ‘‘(aa) a natural disaster declara25 tion under section 321(a) of the Con-
51 

•S 1637 IS

1 solidated Farm and Rural Develop2 ment Act (7 U.S.C. 1961(a)); or 

3 ‘‘(bb) a major disaster or emer4 gency designation under the Robert T. 

5 Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5121 

7 et seq.). 

8 ‘‘(ii) AFFECTED HOUSEHOLD.— 

9 ‘‘(I) IN GENERAL.—The term ‘af10 fected household’ means a household— 

11 ‘‘(aa) in an affected area; 

12 ‘‘(bb) in which a member worked 

13 immediately prior to August 29, 2005, 

14 in an affected area; or 

15 ‘‘(cc) that was displaced as a re16 sult of Hurricane Katrina or a related 

17 condition to other areas of the same 

18 or another State. 

19 ‘‘(II) INCLUSION.—The term ‘affected 

20 household’ includes a household containing 

21 1 or more individuals that were displaced 

22 as a result of Hurricane Katrina or a re23 lated condition, as determined by the Sec24 retary. 

25 ‘‘(iii) DISASTER RECOVERY PERIOD.— 
52 

•S 1637 IS

1 ‘‘(I) IN GENERAL.—The term ‘dis2 aster recovery period’ means the period of 

3 180 days beginning on the date of enact4 ment of this paragraph. 

5 ‘‘(II) EXTENSION.—The disaster re6 covery period shall be extended for another 

7 180 days unless the President determines 

8 that the extension is not necessary to fully 

9 meet the needs of affected households. 

10 ‘‘(B) DISASTER RECOVERY PERIOD.—During 

11 the disaster recovery period— 

12 ‘‘(i) clauses (iv) and (v) of subsection 

13 (g)(2)(B), subsections (d) and (o) of section 6, 

14 and section 8(c)(1) shall not apply to affected 

15 households; 

16 ‘‘(ii) the application of an affected house17 hold shall be processed under the procedures es18 tablished under section 11(e)(9); 

19 ‘‘(iii) at the option of the State agency, the 

20 State agency may increase the value to the af21 fected household of the thrifty food plan deter22 mined under section 3(o) by 6 percent when 

23 calculating the value of the allotment for an af24 fected household under section 8(a), in lieu of 
53 

•S 1637 IS

1 making the adjustment otherwise required by 

2 clause (iv); 

3 ‘‘(iv) except in the case of a household to 

4 which clause (iii) applies, the State agency shall 

5 calculate the income of an affected household 

6 using a standard deduction of $323 in lieu of 

7 the deduction provided under subsection (e)(1); 

8 ‘‘(v) the Secretary shall pay each State 

9 agency an amount equal to 100 percent of ad10 ministrative costs allowable under section 16(a) 

11 related to serving affected households in lieu of 

12 the payments section 16(a) would otherwise re13 quire for those costs; 

14 ‘‘(vi) an affected household shall be consid15 ered to meet the requirements of subsection 

16 (c)(2) if the income of the affected household, 

17 as calculated under subsection (c)(2), does not 

18 exceed the level permitted under subsection 

19 (c)(1) by more than 50 percent; 

20 ‘‘(vii) any funds designated for rebuilding 

21 or relocation (including payments from Federal, 

22 State, or local governments, charitable organi23 zations, employers, or insurance companies) 

24 shall be excluded from consideration under sub-
54 

•S 1637 IS

1 section (g) in determining the eligibility of an 

2 affected household; and 

3 ‘‘(viii) an affected household may not be 

4 considered to customarily purchase food and 

5 prepare meals together with other individuals if 

6 the affected household did not customarily pur7 chase food and prepare meals for home con8 sumption with those individuals immediately 

9 prior to August 29, 2005. 

10 ‘‘(C) DUPLICATE PARTICIPATION.— 

11 ‘‘(i) IN GENERAL.—The Secretary shall 

12 take such actions as are prudent and reasonable 

13 under the circumstances to identify affected 

14 households that are participating in more than 

15 1 State and to terminate the duplicate partici16 pation of those households. 

17 ‘‘(ii) NO ACTION TAKEN.—Except in the 

18 case of deliberate falsehoods, no action may be 

19 taken against any affected household relating to 

20 any duplicate participation during the disaster 

21 recovery period that takes place prior to termi22 nation under clause (i). 

23 ‘‘(D) CLAIMS RELATING TO BENEFITS.—Except 

24 in the case of intentional program violations as de25 termined under section 6(b), no claim may be estab-
55 

•S 1637 IS

1 lished under section 13(b) relating to benefits issued 

2 under this subsection. 

3 ‘‘(E) PAYMENT ERROR RATE.—For purposes of 

4 determining the payment error rate of a State agen5 cy under section 16(c), the Secretary shall disregard 

6 any errors resulting from the application of this 

7 paragraph to an affected household during the dis8 aster recovery period. 

9 ‘‘(F) SAVINGS CLAUSE.—This paragraph shall 

10 not apply in any area of a State to the extent that 

11 there is in effect in the area an emergency food 

12 stamp plan approved by the Secretary that is more 

13 generous than the assistance provided under this 

14 paragraph.’’. 

15 (b) PROGRAM INFORMATION ACTIVITIES.— 

16 (1) IN GENERAL.—From funds otherwise ap17 propriated for the food stamp program established 

18 under the Food Stamp Act of 1977 (7 U.S.C. 2011 

19 et seq.), the Secretary may use not more than 

20 $5,000,000 for the period of fiscal year 2005 

21 through 2006 to enter into contracts with nonprofit 

22 organizations to provide affected households (as de23 fined in section 5(h)(4)(A)(i) of the Food Stamp Act 

24 of 1977 (as added by subsection (a)) with informa25 tion about and assistance in completing the applica-
56 

•S 1637 IS

1 tion process for any food assistance programs for 

2 which the Secretary provides funds or commodities. 

3 (2) EXPEDITING PROVISIONS.—Notwith4 standing any other provision of law, the Secretary 

5 shall not be required— 

6 (A) to provide public notice of the avail7 ability of funds described in paragraph (1); or 

8 (B) to accept competitive bids for contracts 

9 under this subsection. 

10 SEC. 444. EMERGENCY FOOD ASSISTANCE PROGRAM AND 

11 SECTION 32 ASSISTANCE. 

12 (a) DEFINITION OF ELIGIBLE RECIPIENT.—In this 

13 section, the term ‘‘eligible recipient’’ means an individual 

14 or household that, as determined by the Secretary in con15 sultation with the Secretary of Homeland Security— 

16 (1) is a victim of Hurricane Katrina or a re17 lated condition; 

18 (2) has been displaced by Hurricane Katrina or 

19 a related condition; or 

20 (3) is temporarily housing 1 or more individuals 

21 displaced by Hurricane Katrina or a related condi22 tion. 

23 (b) ASSISTANCE.— 

24 (1) IN GENERAL.—In addition to funds already 

25 obligated to carry out the emergency food assistance 
57 

•S 1637 IS

1 program established under the Emergency Food As2 sistance Act of 1983 (7 U.S.C. 7501 et seq.), the 

3 Secretary, in consultation with the Secretary of 

4 Homeland Security, shall use not more than 

5 $200,000,000 of funds made available under that 

6 Act to provide a variety of food to eligible recipient 

7 agencies for providing food assistance to eligible re8 cipients, including— 

9 (A) special supplemental foods for preg10 nant women and infants or for other individuals 

11 with special needs; 

12 (B) infant formula; 

13 (C) bottled water; and 

14 (D) fruit juices. 

15 (2) USE OF FUNDS.—Funds made available 

16 under paragraph (1) may be used to provide com17 modities in accordance with— 

18 (A) section 27 of the Food Stamp Act of 

19 1977 (7 U.S.C. 2036); 

20 (B) section 203A of the Emergency Food 

21 Assistance Act of 1983 (7 U.S.C. 7504); and 

22 (C) section 204 of the Emergency Food 

23 Assistance Act of 1983 (7 U.S.C. 7508). 

24 (c) SECTION 32 FUNDING.—In addition to funds ob25 ligated for fiscal years 2005 and 2006 under section 32 
58 

•S 1637 IS

1 of the Act of August 24, 1935 (7 U.S.C. 612c), the Sec2 retary shall use not more than $200,000,000 of funds 

3 made available under that section to provide food assist4 ance to eligible recipients, including food described in sub5 paragraphs (A) through (D) of subsection (b)(1). 

6 SEC. 445. WIC FUNDING. 

7 (a) IN GENERAL.—In addition to other funds made 

8 available to the Secretary for fiscal year 2005 or 2006 

9 to carry out the special supplemental nutrition program 

10 for women, infants, and children established by section 17 

11 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

12 there is authorized to be appropriated $200,000,000, to 

13 remain available until September 30, 2007. 

14 (b) EMERGENCY DESIGNATION.—The amounts made 

15 available by the transfer of funds in or pursuant to sub16 section (a) are designated as an emergency requirement 

17 pursuant to section 402 of H. Con. Res. 95 (109th Con18 gress). 

19 (c) ALLOCATION OF FUNDS.—Notwithstanding sec20 tion 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 

21 1786(i)), the Secretary may allocate funds made available 

22 under subsection (a) as the Secretary determines to be 

23 necessary to provide assistance to women, infants, and 

24 children who, as determined by the Secretary in consulta25 tion with the Secretary of Homeland Security— 
59 

•S 1637 IS

1 (1) are victims of Hurricane Katrina or a re2 lated condition; or 

3 (2) have been displaced by Hurricane Katrina 

4 or a related condition. 

5 SEC. 446. REPORT. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Secretary, in consultation with the Sec8 retary of Homeland Security, shall submit to the Com9 mittee on Agriculture of the House of Representatives and 

10 the Committee on Agriculture, Nutrition, and Forestry of 

11 the Senate a report that— 

12 (1) describes whether additional funding or au13 thority is needed to continue to address the food 

14 needs of eligible recipients; and 

15 (2) includes any determination by the President 

16 under section 5(h)(4)(A)(iii)(II) of the Food Stamp 

17 Act of 1977 (as added by section l03(a)) that an 

18 extension of the disaster recovery period is not nec19 essary to fully meet the needs of affected house20 holds. 

21 SEC. 447. REGULATIONS. 

22 (a) IN GENERAL.—The Secretary may promulgate 

23 such regulations as are necessary to implement this sub24 title. 
60 

•S 1637 IS

1 (b) PROCEDURE.—The promulgation of the regula2 tions and administration of this subtitle shall be made 

3 without regard to— 

4 (1) the notice and comment provisions of sec5 tion 553 of title 5, United States Code; 

6 (2) the Statement of Policy of the Secretary of 

7 Agriculture effective July 24, 1971 (36 Fed. Reg. 

8 13804), relating to notices of proposed rulemaking 

9 and public participation in rulemaking; and 

10 (3) chapter 35 of title 44, United States Code 

11 (commonly known as the ‘‘Paperwork Reduction 

12 Act’’). 

13 (c) CONGRESSIONAL REVIEW OF AGENCY RULE14 MAKING.—In carrying out this section, the Secretary shall 

15 use the authority provided under section 808 of title 5, 

16 United States Code. 

17 Subtitle F—Bankruptcy Relief 

18 SEC. 451. BANKRUPTCY RELIEF FOR VICTIMS OF HURRI19 CANE KATRINA. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, the provisions of title 11, United States Code, 

22 as in effect on August 29, 2005, shall apply to any case 

23 described in subsection (b). 

24 (b) ELIGIBILITY.—A case described in this subsection 

25 is a case commenced during the 180-day period beginning 
61 

•S 1637 IS

1 on the effective date of the Bankruptcy Abuse Prevention 

2 and Consumer Protection Act of 2005, under title 11, 

3 United States Code (other than under chapter 12 of that 

4 title 11), or during an extension of a period for the avail5 ability of benefits or assistance in accordance with section 

6 501(b), by or on behalf of a debtor who resides, or who 

7 resided on August 29, 2005, in any area that is subject 

8 to a declaration by the President of a major disaster under 

9 the Robert T. Stafford Disaster Relief and Emergency As10 sistance Act (42 U.S.C. 5121 et seq.) in connection with 

11 Hurricane Katrina. 

12 TITLE V—ADMINISTRATIVE 

13 MATTERS 

14 SEC. 501. PERIOD OF AVAILABILITY OF BENEFITS. 

15 (a) IN GENERAL.—Except as otherwise provided by 

16 this Act or an amendment made by this Act, a benefit 

17 or assistance provided by any provision of this Act or an 

18 amendment made by this Act shall be available through 

19 the date that is 180 days after the date of enactment of 

20 this Act. 

21 (b) AUTOMATIC EXTENSION.—The period during 

22 which a benefit or assistance described in subsection (a) 

23 is available shall be automatically extended for an addi24 tional 180 days, beginning on the date that is 181 days 

25 after the date of enactment of this Act (or any earlier date 
62 

•S 1637 IS

1 on which such period expires under a provision of this Act 

2 or an amendment made by this Act), unless the President 

3 determines that the extension of the availability of the 

4 benefit or assistance is not necessary to fully meet the 

5 needs of individuals and households affected by Hurricane 

6 Katrina or a related condition. 

7 (c) REPORT.—If the President determines that an ex8 tension is not necessary under subsection (b), the Presi9 dent shall submit to Congress a report describing the de10 termination. 

11 SEC. 502. NONDISCRIMINATION. 

12 Each recipient of Federal funds made available pur13 suant to this Act or an amendment made by this Act, in 

14 carrying out programs and activities with those funds, 

15 shall comply with all Federal laws (including regulations) 

16 prohibiting discrimination on the basis of race, color, reli17 gion, sex, national origin, age, or disability, including title 

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

19 seq.). Each recipient of Federal funds made available pur20 suant to this Act or an amendment made by this Act, in 

21 carrying out programs and activities with those funds, 

22 shall comply with all Federal laws (including regulations) 

23 prohibiting discrimination on the basis of race, color, reli24 gion, sex, national origin, age, or disability, including title 
63 

•S 1637 IS

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

2 seq.). 

Æ