109TH CONGRESS

1ST SESSION S. 1764

AN ACT

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,
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S 1764 ES

1 SECTION 1. DEFINITION OF STUDENT AFFECTED BY HUR2 RICANE KATRINA.

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

4 Katrina’’ means a student who resides or resided on Au5 gust 22, 2005 in an area, or is enrolled or was enrolled

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

7 which a major disaster has been declared in accordance

8 with section 401 of the Robert T. Stafford Disaster Relief

9 and Emergency Assistance Act (42 U.S.C. 5170) as a re10 sult of Hurricane Katrina.

11 SEC. 2. EDUCATION EXPENSES.

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

13 of Education, the Secretary of Homeland Security may

14 transfer any funds made available to the Federal Emer15 gency Management Agency ‘‘Disaster Relief Fund’’ for

16 Hurricane Katrina to the Department of Education for

17 the education of students affected by Hurricane Katrina.

18 Such funds shall only be used for expenditures for activi19 ties of educational agencies authorized under Federal law

20 within the jurisdiction of the Department of Education,

21 and for the following activities in support of students af22 fected by Hurricane Katrina:

23 (1) Paying the compensation of personnel, in24 cluding teacher aides, to provide instructional serv25 ices.
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S 1764 ES

1 (2) Paying the operational costs incurred by

2 educational agencies as a result of educating such

3 students.

4 (3) Purchasing instructional materials and

5 equipment, including textbooks, used to educate such

6 students.

7 (b) SPECIAL RULE.—Notwithstanding any other pro8 vision of this section, funds may be used for expenditures

9 described in subsection (a) only if—

10 (1) the Secretary of Education makes a deter11 mination that such expenditures constitute an imme12 diate need for the relief of students affected by Hur13 ricane Katrina; and

14 (2) funds are not made available for such ac15 tivities from other Federal sources.

16 SEC. 3. AVAILABILITY OF FUNDS.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, any funds available to the Secretary of Edu19 cation, the authority for which would be cancelled or oth20 erwise expire on September 30, 2005, shall be available

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

22 but only to meet educational needs of students affected

23 by Hurricane Katrina.

24 (b) EMERGENCY DESIGNATION.—Any funds available

25 for obligation pursuant to subsection (a) are designated
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S 1764 ES

1 as an emergency requirement pursuant to section 402 of

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

3 SEC. 4. ADVANCED NOTIFICATION OF CONGRESS.

4 (a) DEPARTMENT OF EDUCATION APPROPRIATIONS

5 ACT, 2005.—Section 304 of the Department of Education

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

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

8 (b) CONSOLIDATED APPROPRIATIONS ACT, 2005.—

9 Section 517 of the Departments of Labor, Health and

10 Human Services, and Education, and Related Agencies

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

12 amended—

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

14 inserting ‘‘3 days’’; and

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

16 inserting ‘‘3 days’’.

17 SEC. 5. SUNSET.

18 This Act shall be effective for the period beginning

19 on the date of enactment of this Act and ending on Sep20 tember 30, 2006.

Passed the Senate September 22, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1764

AN ACT

To provide for the continued education of students

affected by Hurricane Katrina.