II 

109TH CONGRESS 

1ST SESSION S. 1764 

To provide for the continued education of students affected by Hurricane 

Katrina. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2005 

Mrs. HUTCHISON (for herself, Ms. LANDRIEU, and Mr. CORNYN) introduced 

the following bill; which was read twice, considered, read the third time, 

and passed 

A BILL 

To provide for the continued education of students affected 

by Hurricane Katrina. 

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

3 SECTION 1. DEFINITION OF STUDENT AFFECTED BY HUR4 RICANE KATRINA. 

5 In this Act, the term ‘‘student affected by Hurricane 

6 Katrina’’ means a student who resides or resided on Au7 gust 22, 2005 in an area, or is enrolled or was enrolled 

8 on August 22, 2005 in a school located in an area, for 

9 which a major disaster has been declared in accordance 

10 with section 401 of the Robert T. Stafford Disaster Relief 
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1 and Emergency Assistance Act (42 U.S.C. 5170) as a re2 sult of Hurricane Katrina. 

3 SEC. 2. EDUCATION EXPENSES. 

4 (a) IN GENERAL.—Upon the request of the Secretary 

5 of Education, the Secretary of Homeland Security may 

6 transfer any funds made available to the Federal Emer7 gency Management Agency ‘‘Disaster Relief Fund’’ for 

8 Hurricane Katrina to the Department of Education for 

9 the education of students affected by Hurricane Katrina. 

10 Such funds shall only be used for expenditures for activi11 ties of educational agencies authorized under Federal law 

12 within the jurisdiction of the Department of Education, 

13 and for the following activities in support of students af14 fected by Hurricane Katrina: 

15 (1) Paying the compensation of personnel, in16 cluding teacher aides, to provide instructional serv17 ices. 

18 (2) Paying the operational costs incurred by 

19 educational agencies as a result of educating such 

20 students. 

21 (3) Purchasing instructional materials and 

22 equipment, including textbooks, used to educate such 

23 students. 
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1 (b) SPECIAL RULE.—Notwithstanding any other pro2 vision of this section, funds may be used for expenditures 

3 described in subsection (a) only if— 

4 (1) the Secretary of Education makes a deter5 mination that such expenditures constitute an imme6 diate need for the relief of students affected by Hur7 ricane Katrina; and 

8 (2) funds are not made available for such ac9 tivities from other Federal sources. 

10 SEC. 3. AVAILABILITY OF FUNDS. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, any funds available to the Secretary of Edu13 cation, the authority for which would be cancelled or oth14 erwise expire on September 30, 2005, shall be available 

15 for obligation by the Secretary until September 30, 2006, 

16 but only to meet educational needs of students affected 

17 by Hurricane Katrina. 

18 (b) EMERGENCY DESIGNATION.—Any funds available 

19 for obligation pursuant to subsection (a) are designated 

20 as an emergency requirement pursuant to section 402 of 

21 H. Con. Res. 95 (109th Congress). 

22 SEC. 4. ADVANCED NOTIFICATION OF CONGRESS. 

23 (a) DEPARTMENT OF EDUCATION APPROPRIATIONS

24 ACT, 2005.—Section 304 of the Department of Education 
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1 Appropriations Act, 2005 (Public Law 108–447) is 

2 amended by striking ‘‘15 days’’ and inserting ‘‘3 days’’. 

3 (b) CONSOLIDATED APPROPRIATIONS ACT, 2005.— 

4 Section 517 of the Departments of Labor, Health and 

5 Human Services, and Education, and Related Agencies 

6 Appropriations Act, 2005 (Public Law 108–447) is 

7 amended— 

8 (1) in subsection (a), by striking ‘‘15 days’’ and 

9 inserting ‘‘3 days’’; and 

10 (2) in subsection (b), by striking ‘‘15 days’’ and 

11 inserting ‘‘3 days’’. 

12 SEC. 5. SUNSET. 

13 This Act shall be effective for the period beginning 

14 on the date of enactment of this Act and ending on Sep15 tember 30, 2006. 

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