II 

Calendar No. 214 

109TH CONGRESS 

1ST SESSION S. 1716 

To provide emergency health care relief for survivors of Hurricane Katrina, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2005 

Mr. GRASSLEY (for himself, Mr. BAUCUS, Mr. COCHRAN, Ms. LANDRIEU, Mrs. 

LINCOLN, Mr. PRYOR, and Mr. SMITH) introduced the following bill; 

which was read the first time 

SEPTEMBER 19, 2005 

Read the second time and placed on the calendar 

A BILL 

To provide emergency health care relief for survivors of 

Hurricane Katrina, 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 ‘‘Emergency Health Care Relief Act of 2005’’. 

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

7 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

TITLE I—EMERGENCY HEALTH CARE RELIEF 

Sec. 101. Definitions. 

Sec. 102. Disaster relief medicaid. 

Sec. 103. Targeted medicaid relief for direct impact parishes and counties. 

Sec. 104. Authority to waive requirements during national emergencies with respect to evacuees from an emergency area. 

Sec. 105. Emergency assistance for States with respect to the Federal medical 

assistance percentage for fiscal year 2006. 

Sec. 106. Emergency assistance to medicare beneficiaries. 

Sec. 107. Relief for hospitals located in a direct impact parish or county. 

Sec. 108. Disaster relief fund. 

Sec. 109. Emergency designation. 

TITLE II—TANF RELIEF 

Sec. 201. Reimbursement of States for TANF benefits provided to assist families from other States affected by Hurricane Katrina. 

Sec. 202. Increase in amount of additional TANF funds available for hurricane-damaged States. 

Sec. 203. Rules for receipt of Hurricane Katrina emergency TANF benefits 

and application to child support requirements. 

Sec. 204. Emergency designation. 

TITLE III—TEMPORARY EXTENDED UNEMPLOYMENT 

COMPENSATION 

Sec. 301. Federal-State agreements. 

Sec. 302. Temporary extended unemployment compensation account. 

Sec. 303. Payments to States having agreements for the payment of temporary 

extended unemployment compensation. 

Sec. 304. Financing provisions. 

Sec. 305. Fraud and overpayments. 

Sec. 306. Definitions. 

Sec. 307. Applicability. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Disclosure based on valid authorization. 

Sec. 402. Additional oversight funding for the Inspector General of the Department of Health and Human Services. 

Sec. 403. Emergency procurement authority in support of Hurricane Katrina 

rescue and relief efforts. 

1 TITLE I—EMERGENCY HEALTH 

2 CARE RELIEF 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) DIRECT IMPACT PARISH OR COUNTY.— 
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1 (A) IN GENERAL.—The term ‘‘direct im2 pact parish or county’’ means a parish in the 

3 State of Louisiana, or a county in the State of 

4 Mississippi or Alabama, for which a major dis5 aster has been declared in accordance with sec6 tion 401 of the Robert T. Stafford Disaster Re7 lief and Emergency Assistance Act (42 U.S.C. 

8 5170) as a result of Hurricane Katrina and 

9 which the President has determined, before 

10 September 14, 2005, warrants individual and 

11 public assistance from the Federal Government 

12 under such Act. 

13 (B) EXCLUSION.—Such term does not in14 clude a parish in the State of Louisiana or a 

15 county in the State of Mississippi or Alabama 

16 which the President has determined warrants 

17 only public assistance from the Federal Govern18 ment under such Act as a result of Hurricane 

19 Katrina. 

20 (C) AUTHORITY TO RELY ON WEBSITE

21 POSTED DESIGNATIONS.—The Secretary of 

22 Health and Human Services shall post on the 

23 Internet website for the Centers for Medicare & 

24 Medicaid Services a list of parishes and coun25 ties identified as direct impact parishes or coun-
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1 ties in accordance with this paragraph. Any 

2 such parish or county that is posted on such 

3 website as a direct impact parish or county 

4 shall be treated for purposes of subparagraph 

5 (A) as described in such subparagraph. 

6 (2) DRM COVERAGE PERIOD.— 

7 (A) IN GENERAL.—The term ‘‘DRM cov8 erage period’’ means the period beginning on 

9 August 28, 2005, and, subject to subparagraph 

10 (B), ending on the date that is 5 months after 

11 the date of enactment of this Act. 

12 (B) PRESIDENTIAL AUTHORITY TO EX13 TEND DRM COVERAGE PERIOD.— 

14 (i) IN GENERAL.—The President may 

15 extend the DRM coverage period for an 

16 additional 5 months. Any reference to the 

17 term ‘‘DRM coverage period’’ in this title 

18 shall include any extension under this 

19 clause. 

20 (ii) NOTICE TO CONGRESS AND

21 STATES.—The President shall notify the 

22 Majority and Minority Leaders of the Sen23 ate, the Speaker of the House of Rep24 resentatives, the Minority Leader of the 

25 House of Representatives, the Chairs and 
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1 Ranking Members of the Committee on Fi2 nance of the Senate and the Committees 

3 on Energy and Commerce and Ways and 

4 Means of the House of Representatives, 

5 and the States at least 30 days prior to— 

6 (I) extending the DRM coverage 

7 period; or 

8 (II) if the President determines 

9 not to extend such period, the ending 

10 date described in subparagraph (A). 

11 (3) KATRINA SURVIVOR.— 

12 (A) IN GENERAL.—The term ‘‘Katrina 

13 Survivor’’ means an individual who is described 

14 in subparagraph (B) or (C). 

15 (B) RESIDENTS AND EVACUEES OF DIRECT

16 IMPACT PARISHES AND COUNTIES.—An indi17 vidual who, on any day during the week pre18 ceding August 28, 2005, had a primary resi19 dence in a direct impact parish or county. 

20 (C) INDIVIDUALS WHO LOST EMPLOY21 MENT.—An individual whose— 

22 (i) worksite, on any day during the 

23 week preceding August 28, 2005, was lo24 cated in a direct impact parish or county; 

25 and 
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1 (ii) employment with an employer 

2 which conducted an active trade or busi3 ness on August 28, 2005, in a direct im4 pact parish or county and with respect to 

5 whom such trade or business is inoperable 

6 on any day after August 28, 2005, and be7 fore January 1, 2006, as a result of dam8 age sustained in connection with Hurricane 

9 Katrina, is terminated. 

10 (D) TREATMENT OF CURRENT MEDICAID

11 BENEFICIARIES.—Nothing in this title shall be 

12 construed as preventing an individual who is 

13 otherwise entitled to medical assistance under 

14 title XIX of the Social Security Act from being 

15 treated as a Katrina Survivor under this title. 

16 (E) TREATMENT OF HOMELESS PER17 SONS.—For purposes of this title, in the case of 

18 an individual who was homeless on any day 

19 during the week described in subparagraph (B), 

20 the individual’s ‘‘residence’’ shall be deemed to 

21 be the place of residence as otherwise deter22 mined for such an individual under title XIX of 

23 the Social Security Act. 

24 (4) POVERTY LINE.—The term ‘‘poverty line’’ 

25 has the meaning given that term in section 
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1 2110(c)(5) of the Social Security Act (42 U.S.C. 

2 1397jj(c)(5)). 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Health and Human Services. 

5 (6) STATE.—The term ‘‘State’’ has the mean6 ing given that term for purposes of title XIX of the 

7 Social Security Act (42 U.S.C 1396 et seq.). 

8 SEC. 102. DISASTER RELIEF MEDICAID. 

9 (a) AUTHORITY TO PROVIDE DISASTER RELIEF

10 MEDICAID.—Notwithstanding any provision of title XIX 

11 of the Social Security Act, a State shall, as a condition 

12 of participation in the Medicaid program established 

13 under title XIX of the Social Security Act (42 U.S.C. 

14 1396 et seq.), provide medical assistance to DRM-eligible 

15 Katrina Survivors (as defined in subsection (b)) under a 

16 State medicaid plan established under such title during 

17 the DRM coverage period in accordance with the following 

18 provisions of this section and without submitting an 

19 amendment to the State Medicaid plan. Such assistance 

20 shall be referred to as ‘‘DRM assistance’’. 

21 (b) DRM-ELIGIBLE KATRINA SURVIVOR DE22 FINED.— 

23 (1) IN GENERAL.—In this section, the term 

24 ‘‘DRM-eligible Katrina Survivor’’ means a Katrina 
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1 Survivor whose family income does not exceed the 

2 higher of— 

3 (A) 100 percent (200 percent, in the case 

4 of such a Survivor who is a pregnant woman, 

5 child, or a recipient of disability benefits under 

6 section 223 of the Social Security Act) of the 

7 poverty line; or 

8 (B) the income eligibility standard which 

9 would apply to the Survivor under the State 

10 Medicaid plan. 

11 (2) NO RESOURCES, RESIDENCY, OR CATEGOR12 ICAL ELIGIBILITY REQUIREMENTS.—Eligibility 

13 under paragraph (1) shall be determined without ap14 plication of any resources test, State residency, or 

15 categorical eligibility requirements. 

16 (3) INCOME DETERMINATION.— 

17 (A) LEAST RESTRICTIVE INCOME METH18 ODOLOGIES.—The State shall use the least re19 strictive methodologies applied under the State 

20 medicaid plan under section 1902(r)(2) of the 

21 Social Security Act (42 U.S.C. 1396a(r)(2)) in 

22 determining income eligibility for Katrina Sur23 vivors under paragraph (1). 

24 (B) DISREGARD OF UI BENEFITS.—In de25 termining such income eligibility, the State 
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1 shall disregard any amount received under a 

2 law of the United States or of a State which is 

3 in the nature of unemployment compensation by 

4 a Katrina Survivor during the DRM coverage 

5 period. 

6 (4) DEFINITION OF CHILD.—For purposes of 

7 paragraph (1), a DRM-eligible Katrina Survivor 

8 shall be determined to be a ‘‘child’’ in accordance 

9 with the definition of ‘‘child’’ under the State Med10 icaid plan. 

11 (c) ELIGIBILITY DETERMINATION; NO CONTINU12 ATION OF DRM ASSISTANCE.— 

13 (1) STREAMLINED ELIGIBILITY PROCESS.—The 

14 State shall use the following streamlined procedures 

15 in processing applications and determining eligibility 

16 for DRM assistance for DRM-eligible Katrina Sur17 vivors: 

18 (A) A common 1-page application form de19 veloped by the Secretary of Health and Human 

20 Services in consultation with the National Asso21 ciation of State Medicaid Directors. Such form 

22 shall— 

23 (i) require an applicant to provide an 

24 expected address for the duration of the 

25 DRM coverage period and to agree to up-
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1 date that information if it changes during 

2 such period; 

3 (ii) include notice regarding the pen4 alties for making a fraudulent application 

5 under subsection (h); 

6 (iii) require the applicant to assign to 

7 the State any rights of the applicant (or 

8 any other person who is a DRM-eligible 

9 Katrina Survivor and on whose behalf the 

10 applicant has the legal authority to execute 

11 an assignment of such rights) under any 

12 group health plan or other third-party cov13 erage for health care; and 

14 (iv) require the applicant to list any 

15 health insurance coverage which the appli16 cant was enrolled in immediately prior to 

17 submitting such application. 

18 (B) Self-attestation by the applicant that 

19 the applicant— 

20 (i) is a DRM-eligible Katrina Sur21 vivor; and 

22 (ii) if applicable, requires home and 

23 community-based services provided under 

24 such DRM assistance in accordance with 

25 subsection (d)(3). 
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1 (C) No requirement for documentation evi2 dencing the basis on which the applicant quali3 fies to be a DRM-eligible Katrina Survivor or, 

4 if applicable, requires home and community5 based services. 

6 (D) Issuance of a DRM assistance eligi7 bility card to an applicant who completes such 

8 application, including the self-attestation re9 quired under subparagraph (B). Such card shall 

10 be valid as long as the DRM coverage period is 

11 in effect and shall be accompanied by notice of 

12 the termination date for the DRM coverage pe13 riod and, if applicable, notice that such termi14 nation date may be extended. If the President 

15 extends the DRM coverage period, the State 

16 shall notify DRM-eligible Katrina Survivors en17 rolled in DRM assistance of the new termi18 nation date for the DRM coverage period. 

19 (E) If an applicant completes the applica20 tion and presents it to a provider or facility 

21 participating in the State medicaid plan that is 

22 qualified to make presumptive eligibility deter23 minations under such plan (which at a min24 imum shall consist of facilities identified in sec25 tion 1902(a)(55) of the Social Security Act (42 
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1 U.S.C. 1396a(a)(55)) and it appears to the pro2 vider that the applicant is a DRM-eligible 

3 Katrina Survivor based on the information in 

4 the application, the applicant will be deemed to 

5 be a DRM-eligible Katrina Survivor eligible for 

6 DRM assistance in accordance with this section, 

7 subject to subsection (g). 

8 (F) Continuous eligibility, without the need 

9 for any redetermination of eligibility, for the 

10 duration of the DRM coverage period. 

11 (2) NO CONTINUATION OF DRM ASSISTANCE.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraphs (B) and (C), no DRM assistance 

14 shall be provided after the end of the DRM cov15 erage period. 

16 (B) PRESUMPTIVE ELIGIBILITY.—In the 

17 case of any DRM-eligible Katrina Survivor who 

18 is receiving DRM assistance from a State in ac19 cordance with this section and who, as of the 

20 end of the DRM coverage period, has an appli21 cation pending for medical assistance under the 

22 State medicaid plan for periods beginning after 

23 the end of such period, the State shall provide 

24 such Survivor with a period of presumptive eli25 gibility for medical assistance under the State 
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1 Medicaid plan (not to exceed 60 days) until a 

2 determination with respect to the Survivor’s ap3 plication has been made. 

4 (C) PREGNANT WOMEN.—In the case of a 

5 DRM-eligible Katrina Survivor who is receiving 

6 DRM assistance from a State in accordance 

7 with this section and whose pregnancy ended 

8 during the 60-day period prior to the end of the 

9 DRM coverage period, or who is pregnant as of 

10 the end of such period, such Survivor shall con11 tinue to be eligible for DRM assistance after 

12 the end of the DRM coverage period, including 

13 (but not limited to) for all pregnancy-related 

14 and postpartum medical assistance available 

15 under the State Medicaid plan, through the end 

16 of the month in which the 60-day period (begin17 ning on the last day of her pregnancy) ends. 

18 (3) TREATMENT OF KATRINA SURVIVORS PRO19 VIDED ASSISTANCE PRIOR TO DATE OF ENACT20 MENT.—Any Katrina Survivor who is provided med21 ical assistance under a State medicaid plan in ac22 cordance with guidance from the Secretary during 

23 the period that begins on August 28, 2005, and ends 

24 on the date of enactment of this Act shall be treated 

25 as a DRM-eligible Katrina Survivor, without the 
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1 need to file an additional application, for purposes of 

2 eligibility for DRM assistance under this section. 

3 (d) SCOPE OF COVERAGE.— 

4 (1) CATEGORICALLY NEEDY BENEFITS.—The 

5 State shall treat a DRM-eligible Katrina Survivor as 

6 an individual eligible for medical assistance under 

7 the State plan under title XIX of the Social Security 

8 Act on the basis of section 1902(a)(10)(A)(i) of the 

9 Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), 

10 with coverage for such assistance retroactive to 

11 items and services furnished on or after August 28, 

12 2005 (or in the case of applications for DRM assist13 ance submitted after January 1 2006, the first day 

14 of the 5th month preceding the date on which such 

15 application is submitted). 

16 (2) EXTENDED MENTAL HEALTH AND CARE CO17 ORDINATION BENEFITS.—The State may provide, 

18 without regard to any restrictions on amount, dura19 tion, and scope, comparability, or restrictions other20 wise applicable under the State medicaid plan (other 

21 than restrictions applicable under such plan with re22 spect to services provided in an institution for men23 tal diseases), to DRM-eligible Katrina Survivors ex24 tended mental health and care coordination benefits 

25 which may include the following: 
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1 (A) Screening, assessment, and diagnostic 

2 services (including specialized assessments for 

3 individuals with cognitive impairments). 

4 (B) Coverage for a full range of mental 

5 health medications at the dosages and fre6 quencies prescribed by health professionals for 

7 depression, post-traumatic stress disorder, and 

8 other mental disorders. 

9 (C) Treatment of alcohol and substance 

10 abuse determined to result from circumstances 

11 related to Hurricane Katrina. 

12 (D) Psychotherapy, rehabilitation and 

13 other treatments administered by psychiatrists, 

14 psychologists, or social workers for conditions 

15 exacerbated by, or resulting from, Hurricane 

16 Katrina. 

17 (E) In-patient mental health care. 

18 (F) Family counseling for families where a 

19 member of the immediate family is a Katrina 

20 Survivor or first responder to Hurricane 

21 Katrina or includes an individual who has died 

22 as a result of Hurricane Katrina. 

23 (G) In connection with the provision of 

24 health and long-term care services, arranging 

25 for, (and when necessary, enrollment in waiver 
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1 programs or other specialized programs), and 

2 coordination related to, primary and specialty 

3 medical care, which may include personal care 

4 services, durable medical equipment and sup5 plies, assistive technology, and transportation. 

6 (3) HOME AND COMMUNITY-BASED SERV7 ICES.— 

8 (A) IN GENERAL.—In the case of a State 

9 with a waiver to provide home and community10 based services granted under section 1115 of 

11 the Social Security Act or under subsection (c) 

12 or (d) of section 1915 of such Act, the State 

13 may provide such services to DRM-eligible 

14 Katrina Survivors who self-attest in accordance 

15 with subsection (c)(1)(B)(ii) that they require 

16 immediate home and community-based services 

17 that are available under such waiver without re18 gard to whether the Survivors would require the 

19 level of care provided in a hospital, nursing fa20 cility, or intermediate care facility for the men21 tally retarded, including to DRM-eligible 

22 Katrina Survivors who are individuals described 

23 in subparagraph (B). 
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1 (B) INDIVIDUALS DESCRIBED.—Individ2 uals described in this subparagraph are individ3 uals who— 

4 (i) on any day during the week pre5 ceding August 28, 2005— 

6 (I) had been receiving home and 

7 community-based services under a 

8 waiver described in subparagraph (A) 

9 in a direct impact parish or county; 

10 (II) had been receiving support 

11 services from a primary family care12 giver who, as a result of Hurricane 

13 Katrina, is no longer available to pro14 vide services; or 

15 (III) had been receiving personal 

16 care, home health, or rehabilitative 

17 services under the State medicaid plan 

18 or under a waiver granted under sec19 tion 1915 or 1115 of the Social Secu20 rity Act; or 

21 (ii) are disabled (as determined under 

22 the State medicaid plan). 

23 (C) WAIVER OF RESTRICTIONS.—The Sec24 retary shall waive with respect to the provision 
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1 of home and community-based services under 

2 this paragraph any limitations on— 

3 (i) the number of individuals who 

4 shall receive home or community-based 

5 services under a waiver described in sub6 paragraph (A); 

7 (ii) budget neutrality requirements ap8 plicable to such waiver; and 

9 (iii) targeted populations eligible for 

10 services under such waiver. 

11 The Secretary may waive other restrictions ap12 plicable under such a waiver, that would pre13 vent a State from providing home and commu14 nity-based services in accordance with this 

15 paragraph. 

16 (4) CHILDREN BORN TO PREGNANT WOMEN.— 

17 In the case of a child born to a DRM-eligible 

18 Katrina Survivor who is provided DRM assistance 

19 during the DRM coverage period, such child shall be 

20 treated as having been born to a pregnant woman el21 igible for medical assistance under the State med22 icaid plan and shall be eligible for medical assistance 

23 under such plan in accordance with section 

24 1902(e)(4) of the Social Security Act (42 U.S.C. 

25 1396a(e)(4)). The Federal medical assistance per-
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1 centage applicable to the State medicaid plan shall 

2 apply to medical assistance provided to a child under 

3 such plan in accordance with the preceding sentence. 

4 (e) TERMINATION OF COVERAGE; ASSISTANCE WITH

5 APPLYING FOR REGULAR MEDICAID COVERAGE.— 

6 (1) NOTICE OF EXPECTED TERMINATION OF

7 DRM COVERAGE PERIOD.—A State shall provide 

8 DRM-eligible Katrina Survivors who are receiving 

9 DRM assistance from the State in accordance with 

10 this section, as of the beginning of the 4th month 

11 (and, if applicable, 9th month) of the DRM coverage 

12 period with— 

13 (A) notice of the expected termination date 

14 for DRM assistance for such period; 

15 (B) information regarding eligibility for 

16 medical assistance under the State’s eligibility 

17 rules otherwise applicable under the State med18 icaid plan; and 

19 (C) an application for such assistance and 

20 information regarding where to obtain assist21 ance with completing such application in ac22 cordance with paragraph (2). 

23 (2) APPLICATION ASSISTANCE.—A State shall 

24 provide DRM-eligible Katrina Survivors who are re25 ceiving DRM assistance from the State in accord-
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1 ance with this section with assistance in applying for 

2 medical assistance under the State medicaid plan for 

3 periods beginning after the end of the DRM cov4 erage period, at State Medicaid offices and at loca5 tions easily accessible to such Survivors. 

6 (3) STATE REPORTS.—A State providing DRM 

7 assistance in accordance with this section shall sub8 mit to the Secretary the following reports: 

9 (A) TERMINATION AND TRANSITION AS10 SISTANCE TO REGULAR MEDICAID COVERAGE

11 FOR DRM-ELIGIBLE KATRINA SURVIVORS ELIGI12 BLE FOR SUCH ASSISTANCE.—A report detail13 ing how the State intends to satisfy the require14 ments of paragraphs (1) and (2). 

15 (B) ENROLLMENT.—Reports regarding— 

16 (i) the number of Katrina Survivors 

17 who are determined to be DRM-eligible 

18 Katrina Survivors; and 

19 (ii) the number of DRM-eligible 

20 Katrina Survivors who are determined to 

21 be eligible for, and enrolled in, the State 

22 medicaid plan. 

23 (4) SECRETARIAL OVERSIGHT.—The Secretary 

24 of Health and Human Services shall ensure that a 

25 State is complying with the requirements of para-
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1 graphs (1) and (2) and that applications for medical 

2 assistance under the State medicaid plan from 

3 DRM-eligible Katrina Survivors for periods begin4 ning after the end of the DRM coverage period are 

5 processed in a timely and appropriate manner. 

6 (5) NO PRIVATE RIGHT OF ACTION AGAINST A

7 STATE FOR FAILURE TO PROVIDE NOTICE.—No pri8 vate right of action shall be brought against a State 

9 for failure to provide the notices required under 

10 paragraph (1) or subsection (c)(1) so long as the 

11 State makes a good faith effort to provide such no12 tices. 

13 (f) 100 PERCENT FEDERAL MATCHING PAY14 MENTS.— 

15 (1) IN GENERAL.—Notwithstanding section 

16 1905(b) of the Social Security Act (42 U.S.C. 

17 1396d(b), the Federal medical assistance percentage 

18 or the Federal matching rate otherwise applied 

19 under section 1903(a) of such Act (42 U.S.C. 

20 1396b(a)) shall be 100 percent for— 

21 (A) providing DRM assistance to DRM-eli22 gible Katrina Survivors during the DRM cov23 erage period in accordance with this section; 

24 (B) costs directly attributable to adminis25 trative activities related to the provision of such 
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1 DRM assistance, including costs attributable to 

2 obtaining recoveries under subsection (h); 

3 (C) costs directly attributable to providing 

4 application assistance in accordance with sub5 section (e)(2); and 

6 (D) DRM assistance provided in accord7 ance with subparagraph (B) or (C) of sub8 section (c)(2) after the end of the DRM cov9 erage period. 

10 (2) DISREGARD OF PAYMENTS.—Payments pro11 vided to a State in accordance with this subsection 

12 shall be disregarded for purposes of applying sub13 sections (f) and (g) of section 1108 of the Social Se14 curity Act (42 U.S.C. 1308). 

15 (g) VERIFICATION OF STATUS AS A KATRINA SUR16 VIVOR.— 

17 (1) IN GENERAL.—The State shall make a good 

18 faith effort to verify the status of an individual who 

19 is enrolled in the State Medicaid plan as a DRM-eli20 gible Katrina Survivor under the provisions of this 

21 section. Such effort shall not delay the determina22 tion of the eligibility of the Survivor for DRM assist23 ance under this section. 

24 (2) EVIDENCE OF VERIFICATION.—A State may 

25 satisfy the verification requirement under subpara-
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1 graph (A) with respect to an individual by showing 

2 that the State providing DRM assistance obtained 

3 information from the Social Security Administration, 

4 the Internal Revenue Service, or the State Medicaid 

5 Agency for the State from which individual is from 

6 (if the individual was not a resident of such State 

7 on any day during the week preceding August 28, 

8 2005). 

9 (h) PENALTY FOR FRAUDULENT APPLICATIONS.— 

10 (1) INDIVIDUAL LIABLE FOR COSTS.—If a 

11 State, as the result of verification activities con12 ducted under subsection (g) or otherwise, determines 

13 after a fair hearing that an individual has knowingly 

14 made a false self-attestation described in subsection 

15 (c)(1)(B), the State may, subject to paragraph (2), 

16 seek recovery from the individual for the full amount 

17 of the cost of DRM assistance provided to the indi18 vidual under this section. 

19 (2) EXCEPTION.—The Secretary shall exempt a 

20 State from seeking recovery under paragraph (1) if 

21 the Secretary determines that it would not be cost22 effective for the State to do so. 

23 (3) REIMBURSEMENT TO THE FEDERAL GOV24 ERNMENT.—Any amounts recovered by a State in 
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1 accordance with this subsection shall be returned to 

2 the Federal government. 

3 (i) EXEMPTION FROM ERROR RATE PENALTIES.— 

4 All payments attributable to providing DRM assistance in 

5 accordance with this section shall be disregarded for pur6 poses of section 1903(u) of the Social Security Act (42 

7 U.S.C. 1396b(u)). 

8 (j) PROVIDER PAYMENT RATES.—In the case of any 

9 DRM assistance provided in accordance with this section 

10 to a DRM-eligible Katrina Survivor that is covered under 

11 the State medicaid plan (as applied without regard to this 

12 section) the State shall pay a provider of such assistance 

13 the same payment rate as the State would otherwise pay 

14 for the assistance if the assistance were provided under 

15 the State medicaid plan (or, if no such payment rate ap16 plies under the State medicaid plan, the usual and cus17 tomary prevailing rate for the item or service for the com18 munity in which it is provided). 

19 (k) APPLICATION TO INDIVIDUALS ELIGIBLE FOR

20 MEDICAL ASSISTANCE.—Nothing in this section shall be 

21 construed as affecting any rights accorded to an individual 

22 who is a recipient of medical assistance under a State 

23 medicaid plan who is determined to be a DRM-eligible 

24 Katrina Survivor but the provision of DRM assistance to 
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1 such individual shall be limited to the provision of such 

2 assistance in accordance with this section. 

3 SEC. 103. TARGETED MEDICAID RELIEF FOR DIRECT IM4 PACT PARISHES AND COUNTIES. 

5 (a) 100 PERCENT FEDERAL MATCHING PAYMENTS

6 FOR MEDICAL ASSISTANCE PROVIDED IN DIRECT IMPACT

7 PARISH OR COUNTY.— 

8 (1) IN GENERAL.—Notwithstanding section 

9 1905(b) of the Social Security Act (42 U.S.C. 

10 1396d(b)), for items and services furnished during 

11 the period that begins on August 28, 2005, and ends 

12 on December 31, 2006, the Federal medical assist13 ance percentage for providing medical assistance 

14 under a State medicaid plan under title XIX of the 

15 Social Security Act to any individual, including a 

16 Katrina Survivor, residing in a parish of the State 

17 of Louisiana described in subsection (c), or a county 

18 of the State of Mississippi or Alabama described in 

19 that subsection, shall be 100 percent. 

20 (2) APPLICATION TO ENHANCED FMAP.—The 

21 100 percent Federal medical assistance percentage 

22 applicable under subsection (a) shall also apply for 

23 purposes of determining the enhanced FMAP (as de24 fined in section 2105(b) of the Social Security Act 

25 (42 U.S.C. 1397ee(b)) for child health assistance 
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1 provided under a State child health plan under title 

2 XXI of such Act in such a parish or county during 

3 the period described in such subsection. 

4 (b) MORATORIUM ON REDETERMINATIONS.—During 

5 the DRM coverage period, the States of Louisiana, Mis6 sissippi, and Alabama shall not be required to conduct eli7 gibility redeterminations under the State’s medicaid plan. 

8 (c) PARISH OR COUNTY DESCRIBED.—For purposes 

9 of subsection (a), a parish or county described in this sub10 section is a parish or county for which a major disaster 

11 has been declared in accordance with section 401 of the 

12 Robert T. Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5170) as a result of Hurricane 

14 Katrina and which the President has determined, as of 

15 September 14, 2005, warrant individual or public assist16 ance from the Federal Government under such Act. 

17 SEC. 104. AUTHORITY TO WAIVE REQUIREMENTS DURING 

18 NATIONAL EMERGENCIES WITH RESPECT TO 

19 EVACUEES FROM AN EMERGENCY AREA. 

20 (a) IN GENERAL.—Section 1135(g)(1) of the Social 

21 Security Act (42 U.S.C. 1320b–5(g)(1)) is amended by 

22 adding at the end the following: 

23 ‘‘Any geographical area in which the Secretary de24 termines there are a significant number of evacuees 

25 from an area that is considered to be an emergency 
27 

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1 area under the preceding sentence shall be consid2 ered to be an ‘emergency area’ for purposes of this 

3 section.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall take effect as if enacted on August 

6 28, 2005. 

7 SEC. 105. EMERGENCY ASSISTANCE FOR STATES WITH RE8 SPECT TO THE FEDERAL MEDICAL ASSIST9 ANCE PERCENTAGE FOR FISCAL YEAR 2006. 

10 If the Federal medical assistance percentage (as de11 fined in section 1905(b) of the Social Security Act (42 

12 U.S.C. 1396d(b))) determined for a State for fiscal year 

13 2006 is less than the Federal medical assistance percent14 age determined for the State for fiscal year 2005, the Fed15 eral medical assistance percentage for the State for fiscal 

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

17 for purposes of titles XIX and XXI of the Social Security 

18 Act (42 U.S.C. 1396 et seq., 1397aa et seq.). 

19 SEC. 106. EMERGENCY ASSISTANCE TO MEDICARE BENE20 FICIARIES. 

21 (a) EXCLUSION OF DRM COVERAGE PERIOD IN

22 COMPUTING MEDICARE PART B LATE ENROLLMENT PE23 RIOD.—In applying the first sentence of section 1839(b) 

24 of the Social Security Act (42 U.S.C. 1395r(b)) in the case 

25 of an individual who, on any day during the week pre-
28 

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1 ceding August 28, 2005, had a residence in a direct im2 pact parish or county, there shall not be taken into ac3 count any month any part of which is within the DRM 

4 coverage period. 

5 (b) WRITTEN PLAN ON TRANSITION OF CERTAIN

6 FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS TO PRE7 SCRIPTION DRUG COVERAGE UNDER MEDICARE PART

8 D.—Not later than October 7, 2005, the Secretary of 

9 Health and Human Services shall submit to Congress a 

10 written plan on how the Secretary will provide for the 

11 transition of coverage of prescription drugs for full-benefit 

12 dual eligible individuals (as defined in section 1935(c)(6) 

13 of the Social Security Act (42 U.S.C. 1396u–5(c)(6)) who, 

14 on any day during the week preceding August 28, 2005, 

15 had a residence in a direct impact parish or county, from 

16 the medicaid program under title XIX of such Act to the 

17 medicare program under part D of title XVIII of such Act. 

18 SEC. 107. RELIEF FOR HOSPITALS LOCATED IN A DIRECT 

19 IMPACT PARISH OR COUNTY. 

20 (a) INCREASE IN MEDICARE PAYMENTS TO HOS21 PITALS FOR BAD DEBT.—During the DRM coverage pe22 riod, section 1861(v)(1)(T)(iv) of the Social Security Act 

23 (42 U.S.C. 1395x(v)(1)(T)(iv)) shall be applied by sub24 stituting ‘‘0 percent’’ for ‘‘30 percent’’ with respect to— 
29 

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1 (1) a hospital located in a direct impact parish 

2 or county; and 

3 (2) any other hospital, but only to the extent 

4 that the bad debt is related to items and services 

5 furnished to an individual who, on any day during 

6 the week preceding August 28, 2005, had a resi7 dence in a direct impact parish or county. 

8 (b) WAIVER OF CERTAIN MEDICARE QUALITY RE9 PORTING REQUIREMENTS FOR HOSPITALS.—During the 

10 DRM coverage period, section 1886(b)(3)(B)(vii) of the 

11 Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(vii)) 

12 shall not apply to a hospital that is located in a direct 

13 impact parish or county. 

14 SEC. 108. DISASTER RELIEF FUND. 

15 (a) ESTABLISHMENT.—There is established on the 

16 books of the Treasury the Disaster Relief Fund (in this 

17 subsection referred to as the ‘‘Fund’’) which— 

18 (1) shall be administered by the Secretary of 

19 Health and Human Services (in this subsection re20 ferred to as the ‘‘Secretary’’); and 

21 (2) shall consist of amounts made available 

22 under subsection (f). 

23 (b) USE OF AMOUNTS IN FUND.—Amounts in the 

24 Fund shall be used by the Secretary for the following: 
30 

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1 (1) PAYMENTS TO PROVIDERS.—The Secretary 

2 shall make payments directly to medicaid providers 

3 described in subsection (c) to offset costs incurred 

4 by such providers as a result of Hurricane Katrina. 

5 (2) PAYMENTS FOR PRIVATE HEALTH INSUR6 ANCE COVERAGE.—The Secretary shall make pay7 ments to State insurance commissioners for the pur8 pose of making payments to health insurance 

9 issuers— 

10 (A) on behalf of individuals that would 

11 otherwise qualify for DRM assistance from the 

12 State under section 102 for such individual’s 

13 share of their health insurance premium; and 

14 (B) on behalf of qualified employers for 

15 the employer share of their employee’s health 

16 insurance premiums, but only with respect to 

17 the days on which the employer meets the defi18 nition under subsection (d). 

19 (c) MEDICAID PROVIDERS DESCRIBED.—For pur20 poses of subsection (b)(1), medicaid providers described 

21 in this paragraph are— 

22 (1) any provider under title XIX of the Social 

23 Security Act) that, during a period after August 28, 

24 2005, as determined by the Secretary— 
31 

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1 (A) that has a significant increase (as de2 termined by the Secretary of Health and 

3 Human Services) in the percentage of patients 

4 who are eligible for medical assistance under a 

5 State plan approved under title XIX of the So6 cial Security Act or provided with uncompen7 sated care; or 

8 (B) that experiences a significant drop in 

9 patient caseload (as determined by the Sec10 retary); and 

11 (2) any other provider determined appropriate 

12 by the Secretary. 

13 (d) QUALIFIED EMPLOYER DEFINED.—For purposes 

14 of subsection (b)(2), the term ‘‘qualified employer’’ means 

15 any employer— 

16 (1) which conducted an active trade or business 

17 on August 28, 2005, in a Hurricane Katrina dis18 aster area; and 

19 (2)(A) with respect to whom the trade or busi20 ness described in subparagraph (A) is inoperable on 

21 any day during the DRM coverage period as a result 

22 of damage sustained in connection with Hurricane 

23 Katrina; or 

24 (B) with respect to whom the trade or business 

25 described in subparagraph (A) is not paying salary 
32 

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1 or benefits to employees on any day during the 

2 DRM coverage period as a result of damage sus3 tained in connection with Hurricane Katrina. 

4 (e) EXPEDITING IMPLEMENTATION.—The Secretary 

5 shall promulgate regulations to carry out this section 

6 which may be effective and final immediately on an in7 terim basis as of the date of publication of the interim 

8 final regulation. If the Secretary provides for an interim 

9 final regulation, the Secretary shall provide for a period 

10 of public comments on such regulation after the date of 

11 publication. The Secretary may change or revise such reg12 ulation after completion of the period of public comment. 

13 (f) APPROPRIATION.—Out of any money in the 

14 Treasury not otherwise appropriated, there is appro15 priated to the Fund $800,000,000 for fiscal year 2005, 

16 to remain available until expended. 

17 SEC. 109. EMERGENCY DESIGNATION. 

18 Each amount provided in this title is designated as 

19 an emergency requirement pursuant to section 402 of H. 

20 Con. Res. 95 (109th Congress). 
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1 TITLE II—TANF RELIEF 

2 SEC. 201. REIMBURSEMENT OF STATES FOR TANF BENE3 FITS PROVIDED TO ASSIST FAMILIES FROM 

4 OTHER STATES AFFECTED BY HURRICANE 

5 KATRINA. 

6 (a) IN GENERAL.—Section 3 of the TANF Emer7 gency Response and Recovery Act of 2005 is amended to 

8 read as follows: 

9 ‘‘SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS 

10 PROVIDED TO ASSIST FAMILIES FROM 

11 OTHER STATES AFFECTED BY HURRICANE 

12 KATRINA. 

13 ‘‘(a) ELIGIBILITY FOR PAYMENTS FROM THE CON14 TINGENCY FUND.— 

15 ‘‘(1) PERIOD OF APPLICABILITY.—Beginning 

16 with August 29, 2005, and ending with September 

17 30, 2006, a State described in paragraph (2) or (3) 

18 shall be considered a needy State for purposes of 

19 section 403(b) of the Social Security Act. 

20 ‘‘(2) DIRECT IMPACT STATES.—A State de21 scribed in this paragraph is Louisiana, Mississippi, 

22 or Alabama. 

23 ‘‘(3) OTHER STATES.—A State is described in 

24 this paragraph if the State provides any benefit or 

25 service that may be provided under the State pro-
34 

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1 gram funded under part A of title IV of the Social 

2 Security Act to a family which— 

3 ‘‘(A) has resided in a direct impact State; 

4 and 

5 ‘‘(B) has travelled (not necessarily directly) 

6 to the State from such direct impact State as 

7 a result of the hurricane. 

8 ‘‘(b) MONTHLY PAYMENTS.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding section 

10 403(b)(3)(C)(i) of the Social Security Act, the total 

11 amount paid during a month to a State described 

12 in— 

‘‘(A) subsection (a)(2), shall not exceed 1 13 ⁄4

14 of 20 percent of the State family assistance 

15 grant; and 

16 ‘‘(B) subsection (a)(3), shall not exceed the 

17 lesser of— 

18 ‘‘(i) total amount of benefits or serv19 ices provided under the State program 

20 funded under part A of title IV of the So21 cial Security Act to families described in 

22 subsection (a)(3); or 

‘‘(ii) 1 23 ⁄4 of 20 percent of the State 

24 family assistance grant. 
35 

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1 ‘‘(c) NO STATE MATCH OR MAINTENANCE OF EF2 FORT REQUIRED.—Sections 403(b)(6) and 409(a)(10) of 

3 the Social Security Act shall not apply with respect to a 

4 payment made to a State by reason of this section. 

5 ‘‘(d) INCREASE IN FUNDING TO THE EXTENT NEC6 ESSARY.—During the period described in subsection 

7 (a)(1), section 403(b)(2) of the Social Security Act (42 

8 U.S.C. 603(b)(2)) shall be applied without regard to the 

9 limitation on the total amount specified in that section.’’. 

10 (b) RETROACTIVE EFFECTIVE DATE.—The amend11 ment made by subsection (a) shall take effect as if in12 cluded in the enactment of the TANF Emergency Re13 sponse and Recovery Act of 2005. 

14 SEC. 202. INCREASE IN AMOUNT OF ADDITIONAL TANF 

15 FUNDS AVAILABLE FOR HURRICANE-DAM16 AGED STATES. 

17 (a) IN GENERAL.—Section 4 of the TANF Emer18 gency Response and Recovery Act of 2005 is amended— 

19 (1) in subsection (a)(2), by striking ‘‘20 per20 cent’’ and inserting ‘‘40 percent’’; and 

21 (2) in subsection (b), in the matter preceding 

22 paragraph (1), by inserting ‘‘(at any time during or 

23 after the period described in section 3(a)(1))’’ after 

24 ‘‘may not be imposed’’. 
36 

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1 (b) RETROACTIVE EFFECTIVE DATE.—The amend2 ments made by subsection (a) shall take effect as if in3 cluded in the enactment of the TANF Emergency Re4 sponse and Recovery Act of 2005. 

5 SEC. 203. RULES FOR RECEIPT OF HURRICANE KATRINA 

6 EMERGENCY TANF BENEFITS AND APPLICA7 TION TO CHILD SUPPORT REQUIREMENTS. 

8 (a) IN GENERAL.—Section 6 of the TANF Emer9 gency Response and Recovery Act of 2005 is amended to 

10 read as follows: 

11 ‘‘SEC. 6. RULES OF RECEIPT OF HURRICANE KATRINA 

12 EMERGENCY TANF BENEFITS AND APPLICA13 TION TO CHILD SUPPORT REQUIREMENTS. 

14 ‘‘(a) IN GENERAL.—During the period described in 

15 section 3(a)(1), a recipient of Hurricane Katrina Emer16 gency TANF Benefits provided by a State described in 

17 paragraph (2) or (3) of section 3(a), or by an Indian tribe 

18 under a tribal family assistance plan approved under sec19 tion 412 of the Social Security Act (42 U.S.C. 612), shall 

20 not be considered assistance for purposes of sections 407, 

21 paragraphs (2), (3), or (7) of section 408(a), or section 

22 454(29) of the Social Security Act (42 U.S.C. 607, 

23 608(a), 654(29)). 

24 ‘‘(b) HURRICANE KATRINA EMERGENCY TANF BEN25 EFITS.—For purposes of subsection (a), the term ‘‘Hurri-
37 

•S 1716 PCS 

1 cane Katrina Emergency TANF Benefits’’ means any 

2 benefit or service that may be provided under a State or 

3 tribal program funded under part A of title IV of the So4 cial Security Act to support— 

5 ‘‘(1) families described in section 3(a)(3); and 

6 ‘‘(2) families residing in a direct impact State 

7 which the State deems to be needy families based on 

8 their statement, circumstance, or inability to access 

9 resources.’’. 

10 (b) RETROACTIVE EFFECTIVE DATE.—The amend11 ment made by subsection (a) shall take effect as if in12 cluded in the enactment of the TANF Emergency Re13 sponse and Recovery Act of 2005. 

14 SEC. 204. EMERGENCY DESIGNATION. 

15 Each amount provided in this title is designated as 

16 an emergency requirement pursuant to section 402 of H. 

17 Con. Res. 95 (109th Congress). 

18 TITLE III—TEMPORARY EX19 TENDED UNEMPLOYMENT 

20 COMPENSATION 

21 SEC. 301. FEDERAL-STATE AGREEMENTS. 

22 (a) IN GENERAL.—Any State which desires to do so 

23 may enter into and participate in an agreement under this 

24 title with the Secretary of Labor (in this title referred to 

25 as the ‘‘Secretary’’). Any State which is a party to an 
38 

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1 agreement under this title may, upon providing 30 days’ 

2 written notice to the Secretary, terminate such agreement. 

3 (b) PROVISIONS OF AGREEMENT.—Any agreement 

4 under subsection (a) shall provide that the State agency 

5 of the State will make payments of temporary extended 

6 unemployment compensation to individuals who— 

7 (1) exhausted all rights to regular compensation 

8 under the State law or under Federal law after Au9 gust 27, 2005; 

10 (2) have no rights to regular compensation or 

11 extended compensation with respect to a week under 

12 such law or any other State unemployment com13 pensation law or to compensation under any other 

14 Federal law; and 

15 (3) are not receiving compensation with respect 

16 to such week under the unemployment compensation 

17 law of Canada. 

18 (c) EXHAUSTION OF BENEFITS.—For purposes of 

19 subsection (b)(1), an individual shall be deemed to have 

20 exhausted such individual’s rights to regular compensation 

21 under a State law when— 

22 (1) no payments of regular compensation can 

23 be made under such law because such individual has 

24 received all regular compensation available to such 
39 

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1 individual based on employment or wages during 

2 such individual’s base period; or 

3 (2) such individual’s rights to such compensa4 tion have been terminated by reason of the expira5 tion of the benefit year with respect to which such 

6 rights existed. 

7 (d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes 

8 of any agreement under this title— 

9 (1) the amount of temporary extended unem10 ployment compensation which shall be payable to 

11 any individual for any week of total unemployment 

12 shall be equal to the amount of the regular com13 pensation (including dependents’ allowances) payable 

14 to such individual during such individual’s benefit 

15 year under the State law for a week of total unem16 ployment; 

17 (2) the terms and conditions of the State law 

18 which apply to claims for regular compensation and 

19 to the payment thereof shall apply to claims for tem20 porary extended unemployment compensation and 

21 the payment thereof, except— 

22 (A) that an individual shall not be eligible 

23 for temporary extended unemployment com24 pensation under this title unless, in the base pe25 riod with respect to which the individual ex-
40 

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1 hausted all rights to regular compensation 

2 under the State law, the individual had 20 

3 weeks of full-time insured employment or the 

4 equivalent in insured wages, as determined 

5 under the provisions of the State law imple6 menting section 202(a)(5) of the Federal-State 

7 Extended Unemployment Compensation Act of 

8 1970 (26 U.S.C. 3304 note); and 

9 (B) where otherwise inconsistent with the 

10 provisions of this title or with the regulations or 

11 operating instructions of the Secretary promul12 gated to carry out this title; and 

13 (3) the maximum amount of temporary ex14 tended unemployment compensation payable to any 

15 individual for whom a temporary extended unem16 ployment compensation account is established under 

17 section 302 shall not exceed the amount established 

18 in such account for such individual. 

19 (e) ELECTION BY STATES.—Notwithstanding any 

20 other provision of Federal law (and if State law permits), 

21 the Governor of a State that is in an extended benefit pe22 riod may provide for the payment of temporary extended 

23 unemployment compensation in lieu of extended com24 pensation to individuals who otherwise meet the require-
41 

•S 1716 PCS 

1 ments of this section. Such an election shall not require 

2 a State to trigger off an extended benefit period. 

3 SEC. 302. TEMPORARY EXTENDED UNEMPLOYMENT COM4 PENSATION ACCOUNT. 

5 (a) IN GENERAL.—Any agreement under this title 

6 shall provide that the State will establish, for each eligible 

7 individual who files an application for temporary extended 

8 unemployment compensation, a temporary extended un9 employment compensation account with respect to such in10 dividual’s benefit year. 

11 (b) AMOUNT IN ACCOUNT.— 

12 (1) IN GENERAL.—The amount established in 

13 an account under subsection (a) shall be equal to the 

14 lesser of— 

15 (A) 100 percent of the total amount of 

16 regular compensation (including dependents’ al17 lowances) payable to the individual during the 

18 individual’s benefit year under such law, or 

19 (B) 13 times the individual’s average week20 ly benefit amount for the benefit year. 

21 (2) WEEKLY BENEFIT AMOUNT.—For purposes 

22 of this subsection, an individual’s weekly benefit 

23 amount for any week is the amount of regular com24 pensation (including dependents’ allowances) under 
42 

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1 the State law payable to such individual for such 

2 week for total unemployment. 

3 SEC. 303. PAYMENTS TO STATES HAVING AGREEMENTS FOR 

4 THE PAYMENT OF TEMPORARY EXTENDED 

5 UNEMPLOYMENT COMPENSATION. 

6 (a) GENERAL RULE.—There shall be paid to each 

7 State that has entered into an agreement under this title 

8 an amount equal to 100 percent of the temporary extended 

9 unemployment compensation paid to individuals by the 

10 State pursuant to such agreement. 

11 (b) TREATMENT OF REIMBURSABLE COMPENSA12 TION.—No payment shall be made to any State under this 

13 section in respect of any compensation to the extent the 

14 State is entitled to reimbursement in respect of such com15 pensation under the provisions of any Federal law other 

16 than this title or chapter 85 of title 5, United States Code. 

17 A State shall not be entitled to any reimbursement under 

18 such chapter 85 in respect of any compensation to the ex19 tent the State is entitled to reimbursement under this title 

20 in respect of such compensation. 

21 (c) DETERMINATION OF AMOUNT.—Sums payable to 

22 any State by reason of such State having an agreement 

23 under this title shall be payable, either in advance or by 

24 way of reimbursement (as may be determined by the Sec25 retary), in such amounts as the Secretary estimates the 
43 

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1 State will be entitled to receive under this title for each 

2 calendar month, reduced or increased, as the case may be, 

3 by any amount by which the Secretary finds that the Sec4 retary’s estimates for any prior calendar month were 

5 greater or less than the amounts which should have been 

6 paid to the State. Such estimates may be made on the 

7 basis of such statistical, sampling, or other method as may 

8 be agreed upon by the Secretary and the State agency of 

9 the State involved. 

10 SEC. 304. FINANCING PROVISIONS. 

11 (a) IN GENERAL.—Funds in the extended unemploy12 ment compensation account (as established by section 

13 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of 

14 the Unemployment Trust Fund (as established by section 

15 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 

16 the making of payments to States having agreements en17 tered into under this title. 

18 (b) CERTIFICATION.—The Secretary shall from time 

19 to time certify to the Secretary of the Treasury for pay20 ment to each State the sums payable to such State under 

21 this title. The Secretary of the Treasury, prior to audit 

22 or settlement by the General Accounting Office, shall 

23 make payments to the State in accordance with such cer24 tification, by transfers from the extended unemployment 

25 compensation account (as so established) to the account 
44 

•S 1716 PCS 

1 of such State in the Unemployment Trust Fund (as so 

2 established). 

3 (c) ASSISTANCE TO STATES.—There are appro4 priated out of the employment security administration ac5 count (as established by section 901(a) of the Social Secu6 rity Act (42 U.S.C. 1101(a)) of the Unemployment Trust 

7 Fund, without fiscal year limitation, such funds as may 

8 be necessary for purposes of assisting States (as provided 

9 in title III of the Social Security Act (42 U.S.C. 501 et 

10 seq.)) in meeting the costs of administration of agree11 ments under this title. 

12 (d) APPROPRIATIONS FOR CERTAIN PAYMENTS.— 

13 There are appropriated from the general fund of the 

14 Treasury, without fiscal year limitation, to the extended 

15 unemployment compensation account (as so established) 

16 of the Unemployment Trust Fund (as so established) such 

17 sums as the Secretary estimates to be necessary to make 

18 the payments under this section in respect of— 

19 (1) compensation payable under chapter 85 of 

20 title 5, United States Code; and 

21 (2) compensation payable on the basis of serv22 ices to which section 3309(a)(1) of the Internal Rev23 enue Code of 1986 applies. 

24 Amounts appropriated pursuant to the preceding sentence 

25 shall not be required to be repaid. 
45 

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1 SEC. 305. FRAUD AND OVERPAYMENTS. 

2 (a) IN GENERAL.—If an individual knowingly has 

3 made, or caused to be made by another, a false statement 

4 or representation of a material fact, or knowingly has 

5 failed, or caused another to fail, to disclose a material fact, 

6 and as a result of such false statement or representation 

7 or of such nondisclosure such individual has received an 

8 amount of temporary extended unemployment compensa9 tion under this title to which he was not entitled, such 

10 individual— 

11 (1) shall be ineligible for further temporary ex12 tended unemployment compensation under this title 

13 in accordance with the provisions of the applicable 

14 State unemployment compensation law relating to 

15 fraud in connection with a claim for unemployment 

16 compensation; and 

17 (2) shall be subject to prosecution under section 

18 1001 of title 18, United States Code. 

19 (b) REPAYMENT.—In the case of individuals who 

20 have received amounts of temporary extended unemploy21 ment compensation under this title to which they were not 

22 entitled, the State shall require such individuals to repay 

23 the amounts of such temporary extended unemployment 

24 compensation to the State agency, except that the State 

25 agency may waive such repayment if it determines that— 
46 

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1 (1) the payment of such temporary extended 

2 unemployment compensation was without fault on 

3 the part of any such individual; and 

4 (2) such repayment would be contrary to equity 

5 and good conscience. 

6 (c) RECOVERY BY STATE AGENCY.— 

7 (1) IN GENERAL.—The State agency may re8 cover the amount to be repaid, or any part thereof, 

9 by deductions from any temporary extended unem10 ployment compensation payable to such individual 

11 under this title or from any unemployment com12 pensation payable to such individual under any Fed13 eral unemployment compensation law administered 

14 by the State agency or under any other Federal law 

15 administered by the State agency which provides for 

16 the payment of any assistance or allowance with re17 spect to any week of unemployment, during the 3- 

18 year period after the date such individuals received 

19 the payment of the temporary extended unemploy20 ment compensation to which they were not entitled, 

21 except that no single deduction may exceed 50 per22 cent of the weekly benefit amount from which such 

23 deduction is made. 

24 (2) OPPORTUNITY FOR HEARING.—No repay25 ment shall be required, and no deduction shall be 
47 

•S 1716 PCS 

1 made, until a determination has been made, notice 

2 thereof and an opportunity for a fair hearing has 

3 been given to the individual, and the determination 

4 has become final. 

5 (d) REVIEW.—Any determination by a State agency 

6 under this section shall be subject to review in the same 

7 manner and to the same extent as determinations under 

8 the State unemployment compensation law, and only in 

9 that manner and to that extent. 

10 SEC. 306. DEFINITIONS. 

11 (a) IN GENERAL.—In this title, the terms ‘‘com12 pensation’’, ‘‘regular compensation’’, ‘‘extended compensa13 tion’’, ‘‘additional compensation’’, ‘‘benefit year’’, ‘‘base 

14 period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and 

15 ‘‘week’’ have the respective meanings given such terms 

16 under section 205 of the Federal-State Extended Unem17 ployment Compensation Act of 1970 (26 U.S.C. 3304 

18 note). 

19 (b) STATE.—In this title, the term State means Lou20 isiana, Mississippi, and Alabama. 

21 SEC. 307. APPLICABILITY. 

22 An agreement entered into under this title shall apply 

23 to weeks of unemployment— 

24 (1) beginning after August 27, 2005; and 

25 (2) ending before August 27, 2006. 
48 

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1 TITLE IV—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 401. DISCLOSURE BASED ON VALID AUTHORIZATION. 

4 (a) IN GENERAL.—Section 223(d)(5) of the Social 

5 Security Act (42 U.S.C. 423(d)(5)) is amended by adding 

6 at the end the following: 

7 ‘‘(C) Notwithstanding any other provision of law, if 

8 the Commissioner of Social Security provides to a custo9 dian of records a copy, facsimile, or electronic version of 

10 an authorization obtained from the individual to disclose 

11 records to the Commissioner, then such custodian shall 

12 not be held liable under any applicable Federal or State 

13 law for disclosing any record or other information in re14 sponse to such request, on the basis that the authorization 

15 relied upon was a copy, facsimile, or electronic version of 

16 the authorization.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply with respect to disclosures of 

19 records or other information made on or after the date 

20 of enactment of this Act. 

21 SEC. 402. ADDITIONAL OVERSIGHT FUNDING FOR THE IN22 SPECTOR GENERAL OF THE DEPARTMENT OF 

23 HEALTH AND HUMAN SERVICES. 

24 (a) APPROPRIATION.—Out of any funds in the Treas25 ury not otherwise appropriated, there are appropriated 
49 

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1 $5,000,000 to the Office of the Inspector General of the 

2 Department of Health and Human Services to carry out 

3 accounting, oversight, and audit and investigation activi4 ties with respect to funds expended under the Temporary 

5 Assistance for Needy Families, Medicare, Medicaid, and 

6 State Children’s Health Insurance Programs under titles 

7 IV–A, XVIII, XIX, and XXI of the Social Security Act 

8 (42 U.S.C. 601 et seq., 1395 et seq., 1396 et seq., 1397aa 

9 et seq.) to provide assistance to individuals who reside or 

10 resided in a direct impact parish or county (as defined 

11 in section 101(1)). 

12 (b) REPORT.—The Inspector General of the Depart13 ment of Health and Human Services shall submit a report 

14 to the Committee on Finance of the Senate and the Com15 mittees on Ways and Means and Energy and Commerce 

16 of the House of Representatives regarding the accounting, 

17 oversight, and audit and investigation activities conducted 

18 with funds made available under subsection (a). 

19 SEC. 403. EMERGENCY PROCUREMENT AUTHORITY IN SUP20 PORT OF HURRICANE KATRINA RESCUE AND 

21 RELIEF EFFORTS. 

22 (a) AVAILABILITY OF SPECIAL EMERGENCY PRO23 CUREMENT AUTHORITY.—The authority provided in sub24 section 32A of the Office of Federal Procurement Policy 

25 Act (41 U.S.C. 428a) may be used with respect to any 
50 

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1 procurement for property or services determined by the 

2 head of an executive agency to be necessary for support 

3 of Hurricane Katrina rescue and relief operations. 

4 (b) MICRO-PURCHASES.— 

5 (1) MODIFIED THRESHOLD.—Notwithstanding 

6 section 101(2) of the Second Emergency Supple7 mental Appropriations Act to Meet Immediate Needs 

8 Arising From the Consequences of Hurricane 

9 Katrina, 2005 (Public Law 109–62), the amount 

10 specified in subsections (c), (d), and (f) of the sec11 tion 32 of the Office of Federal Procurement Policy 

12 Act (41 U.S.C. 428) for purchases necessary for 

13 support of Hurricane Katrina rescue and relief oper14 ations shall be $50,000, or such an amount in excess 

15 of $50,000, but not in excess of $250,000, as may 

16 be approved by the head of the executive agency con17 cerned (or any delegate of the head of such executive 

18 agency, who shall be an officer or employee of such 

19 executive agency who is a warranted contracting of20 ficer for making Federal acquisitions). 

21 (2) OMB GUIDANCE ON USE OF GOVERNMENT

22 CREDIT CARDS FOR MICRO-PURCHASES.— 

23 (A) GUIDANCE REQUIRED.—Not later than 

24 14 calendar days after the date of the enact25 ment of this Act, the Director of the Office of 
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1 Management and Budget shall issue clear and 

2 concise guidance regarding the use of govern3 ment credit cards by Federal agencies to make 

4 micro-purchases under subsections (c), (d), and 

5 (f) of section 32 of Office of Federal Procure6 ment Policy Act as modified by paragraph (1). 

7 (B) ELEMENTS.—The guidance under 

8 paragraph (1) shall include— 

9 (i) a list of government officials with 

10 the authority to approve purchases under 

11 paragraph (1) in amounts in excess of 

12 $50,000, designated by agency, title, and 

13 pay grade; 

14 (ii) the number of credit cards, by 

15 agency, that may be utilized for purchases 

16 under paragraph (1) in amounts in excess 

17 of $50,000; 

18 (iii) procedures for the immediate re19 view of any purchase under paragraph (1) 

20 in an amount in excess of $50,000 that 

21 was not approved by an official specified in 

22 that paragraph as required by that para23 graph; and 

24 (iv) procedures for the audit of all 

25 purchases made on government credit 
52 

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1 cards after expiration of paragraph (1) 

2 under subsection (c). 

3 (3) REPORTS ON PURCHASES.—Not later than 

4 180 days after the date of the enactment of this Act, 

5 the head of each executive agency making any pur6 chase under paragraph (1) in an amount in excess 

7 of $50,000 shall submit to the appropriate Congres8 sional committees a report on each such purchase 

9 made by such agency, including— 

10 (A) a description of the property or serv11 ices so purchased; 

12 (B) a statement of the purpose of such 

13 purchase; 

14 (C) a statement of the amount of such 

15 purchase; and 

16 (D) a statement of the name, title, and pay 

17 grade of the officer or employee of such agency 

18 making such purchase. 

19 (4) APPROPRIATE CONGRESSIONAL COMMIT20 TEES DEFINED.—In this subsection, the term ‘‘ap21 propriate Congressional committees’’ means— 

22 (A) the Committees on Appropriations, Fi23 nance, and Homeland Security and Govern24 mental Affairs of the Senate; and 
53 

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1 (B) the Committees on Appropriations and 

2 Government Reform of the House of Represent3 atives. 

4 (c) EXPIRATION OF AUTHORITY.—The authority in 

5 subsections (a) and (b)(1) shall expire 180 days after the 

6 date of the enactment of this Act. 

7 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section 

8 101 of the Second Emergency Supplemental Appropria9 tions Act to Meet Immediate Needs Arising From the 

10 Consequences of Hurricane Katrina, 2005 is repealed. 
Calendar No. 214 

109TH CONGRESS 

1ST SESSION S. 1716 

A BILL 

To provide emergency health care relief for surposes. vivors of Hurricane Katrina, and for other purSEPTEMBER 19, 2005 

Read the second time and placed on the calendar