II 

Calendar No. 213 

109TH CONGRESS 

1ST SESSION S. 1715 

To provide relief for students and institutions affected by Hurricane Katrina, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2005 

Mr. ENZI (for himself and Mr. KENNEDY) 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 relief for students and institutions affected by 

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. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Sunset provision. 

TITLE I—ELEMENTARY AND SECONDARY EDUCATION 

ASSISTANCE 

Sec. 101. Waivers and other actions. 
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Sec. 102. Providing additional support for students affected by Hurricane 

Katrina. 

Sec. 103. Immediate aid to restart school operations. 

Sec. 104. Use of 2004–2005 child count for ESEA and IDEA funding for 

sending local educational agencies. 

Sec. 105. Payments for receiving local educational agencies. 

Sec. 106. Teacher and paraprofessional reciprocity; delay. 

Sec. 107. Assistance for homeless youth. 

TITLE II—HIGHER EDUCATION 

Sec. 201. Definitions. 

Sec. 202. Waiver authority and modifications to certain provisions of the Higher Education Act of 1965. 

Sec. 203. General waiver authority and required consultation. 

Sec. 204. Notice of waivers, modifications, or extensions. 

TITLE III—EMERGENCY AND DISASTER ASSISTANCE TO 

INDIVIDUALS WITH DISABILITIES 

Subtitle A—Assistance for Children With Disabilities 

Sec. 311. Definitions. 

Sec. 312. Use of 2004–2005 numbers of children for IDEA funding for sending 

states. 

Sec. 313. Support for local educational agencies receiving children affected by 

Hurricane Katrina. 

Subtitle B—Assistance for Individuals With Disabilities 

Sec. 321. Rehabilitation Act of 1973. 

Sec. 322. Assistive Technology Act of 1998. 

TITLE IV—CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT 

OF 1990 

Sec. 401. Short title. 

Sec. 402. Waiver authority to expand the availability of services under Child 

Care and Development Block Grant Act of 1990. 

Sec. 403. Technical assistance and guidance. 

Sec. 404. Authorization of appropriations. 

TITLE V—HEAD START PROGRAMS 

Sec. 501. Definitions. 

Sec. 502. Income eligibility and documentation waivers. 

Sec. 503. Technical assistance, guidance, and resources. 

Sec. 504. Authorization of appropriations. 

TITLE VI—DEPARTMENT OF EDUCATION INSPECTOR GENERAL 

AUDIT AND REPORT 

Sec. 601. Department of Education Inspector General audit and report. 
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1 SEC. 2. SUNSET PROVISION. 

2 The provisions of this Act (other than section 202(b)) 

3 shall be effective for the period beginning on the date of 

4 enactment of this Act and ending on September 30, 2006. 

5 TITLE I—ELEMENTARY AND SEC6 ONDARY EDUCATION ASSIST7 ANCE 

8 SEC. 101. WAIVERS AND OTHER ACTIONS. 

9 (a) CURRENT WAIVER AND OTHER AUTHORITY.— 

10 The Secretary of Education is encouraged to exercise the 

11 maximum waiver authority available or exercise other ac12 tions for States, local educational agencies, and schools 

13 affected by Hurricane Katrina with respect to the waiver 

14 authority or authorization of actions provided under the 

15 following provisions of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 6301 et seq.): 

17 (1) Section 1111(b)(3)(C)(vii) of such Act (20 

18 U.S.C. 6311(b)(3)(C)(vii)). 

19 (2) Section 1111(b)(7) of such Act (20 U.S.C. 

20 6311(b)(7)). 

21 (3) Section 1111(c)(1) of such Act (20 U.S.C. 

22 6311(c)(1)). 

23 (4) Section 1111(h)(2)(A)(i) of such Act (20 

24 U.S.C. 6311(h)(2)(A)(i)). 

25 (5) Section 1116(b)(7)(D) of such Act (20 

26 U.S.C. 6316(b)(7)(D)). 
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1 (6) Section 1116(c)(10)(F) of such Act (20 

2 U.S.C. 6316(c)(10)(F)). 

3 (7) Section 1125A(e)(3) of such Act (20 U.S.C. 

4 6337(e)(3)). 

5 (8) Section 3122(a)(3)(B) of such Act (20 

6 U.S.C. 6842(a)(3)(B)). 

7 (9) Section 5141(c) of such Act (20 U.S.C. 

8 7217(c)). 

9 (10) Section 7118(c)(3)(A) of such Act (20 

10 U.S.C. 7428(c)(3)(A)). 

11 (11) Section 9521(c) of such Act (20 U.S.C. 

12 7901(c)). 

13 (b) REPORT ON WAIVERS.—Not later than December 

14 31, 2005, the Secretary of Education shall prepare and 

15 submit a report on the States requesting a waiver of any 

16 provision under the Elementary and Secondary Education 

17 Act of 1965 (20 U.S.C. 6301 et seq.) due to the impact 

18 of Hurricane Katrina to the Committee on Education and 

19 the Workforce of the House of Representatives and the 

20 Committee on Health, Education, Labor, and Pensions of 

21 the Senate. 

22 SEC. 102. PROVIDING ADDITIONAL SUPPORT FOR STU23 DENTS AFFECTED BY HURRICANE KATRINA. 

24 (a) GRANTS AUTHORIZED.—From amounts appro25 priated under subsection (d), the Secretary of Education 
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1 is authorized to make grants to eligible local educational 

2 agencies to enable such agencies to provide, to students 

3 displaced or affected by Hurricane Katrina— 

4 (1) supplemental educational services consistent 

5 with the definitions, criteria, and amounts estab6 lished under section 1116(e) of the Elementary and 

7 Secondary Education Act of 1965 (20 U.S.C. 

8 6316(e)); or 

9 (2) additional programs and activities under 

10 part B of title IV of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7171 et seq.) re12 lating to 21st century community learning centers. 

13 (b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL

14 AGENCY.—In this section, the term ‘‘eligible local edu15 cational agency’’ means— 

16 (1) a local educational agency in an area in 

17 which a major disaster has been declared in accord18 ance with section 401 of the Robert T. Stafford Dis19 aster Relief and Emergency Assistance Act (42 

20 U.S.C. 5170) related to Hurricane Katrina; or 

21 (2) a local educational agency that enrolls a sig22 nificant number of students displaced from an area 

23 where a major disaster has been declared in accord24 ance with section 401 of the Robert T. Stafford Dis25 aster Relief and Emergency Assistance Act (42 
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1 U.S.C. 5170) related to Hurricane Katrina, as com2 pared to the total student enrollment in the schools 

3 served by the agency. 

4 (c) INTERACTION WITH THE ESEA.— 

5 (1) SUPPLEMENTAL EDUCATIONAL SERVICES.— 

6 An eligible local educational agency providing serv7 ices described in subsection (a)(1) may provide such 

8 services to a student displaced by Hurricane Katrina 

9 regardless of the status of the school such student 

10 attends under section 1116(b) of the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 

12 6316(b)). 

13 (2) SPECIAL RULE.—Section 9534(a) of the El14 ementary and Secondary Education Act of 1965 (20 

15 U.S.C. 7914(a)) shall apply to the services, pro16 grams, and activities funded under this section. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $100,000,000 for fiscal year 2006. 

20 SEC. 103. IMMEDIATE AID TO RESTART SCHOOL OPER21 ATIONS. 

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

23 (1) to provide immediate and direct assistance 

24 to local educational agencies in Louisiana, Mis25 sissippi, and Alabama that serve an area in which a 
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1 major disaster has been declared in accordance with 

2 section 401 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5170), 

4 related to Hurricane Katrina; 

5 (2) to assist school district administrators and 

6 personnel of such agencies who are working to re7 start operations in elementary schools and secondary 

8 schools served by such agencies; and 

9 (3) to facilitate the re-opening of elementary 

10 schools and secondary schools served by such agen11 cies and the re-enrollment of students in such 

12 schools as soon as possible. 

13 (b) PAYMENTS AUTHORIZED.—From amounts appro14 priated to carry out this section, the Secretary of Edu15 cation is authorized to make payments in accordance with 

16 subsection (c), in November of 2005, to local educational 

17 agencies in Louisiana, Mississippi, and Alabama that 

18 serve schools certified by the Secretary as being located 

19 in an area in which a major disaster has been declared 

20 in accordance with section 401 of the Robert T. Stafford 

21 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

22 5170), related to Hurricane Katrina. 

23 (c) ELIGIBILITY AND CONSIDERATION.—In deter24 mining whether to award a payment under this section, 
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1 or the amount of the payment, the Secretary of Education 

2 shall consider the following: 

3 (1) The number of school-aged children served 

4 by the local educational agency in the academic year 

5 preceding the academic year for which the payment 

6 is awarded. 

7 (2) The severity of the impact of Hurricane 

8 Katrina on the local educational agency and the ex9 tent of the needs in each local educational agency in 

10 Louisiana, Mississippi, and Alabama that is in an 

11 area in which a major disaster has been declared in 

12 accordance with section 401 of the Robert T. Staf13 ford Disaster Relief and Emergency Assistance Act 

14 (42 U.S.C. 5170), related to Hurricane Katrina. 

15 (d) APPLICATIONS.—Each local educational agency 

16 desiring a payment under this section shall submit an ap17 plication to the Secretary of Education at such time, in 

18 such manner, and accompanied by such information as the 

19 Secretary of Education may require. 

20 (e) USES OF FUNDS.— 

21 (1) IN GENERAL.—A local educational agency 

22 receiving a payment under this section shall use the 

23 payment for— 

24 (A) recovery of student and personnel 

25 data, and other electronic information; 
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1 (B) replacement of school district informa2 tion systems, including hardware and software; 

3 (C) financial operations; 

4 (D) rental of mobile educational units and 

5 leasing of neutral sites or spaces; 

6 (E) initial replacement of instructional ma7 terials and equipment, including textbooks; 

8 (F) redeveloping instructional plans, in9 cluding curriculum development; 

10 (G) initiating and maintaining education 

11 and support services; and 

12 (H) such other activities related to the 

13 purpose of this section that are approved by the 

14 Secretary. 

15 (2) PROHIBITIONS.—Payments received under 

16 this section shall not be used for any of the fol17 lowing: 

18 (A) Construction or renovation of schools. 

19 (B) Payments to school administrators or 

20 teachers who are not actively engaged in re21 starting or re-opening schools. 

22 (f) SUPPLEMENT NOT SUPPLANT.—Funds made 

23 available under this section shall be used to supplement, 

24 not supplant, any funds made available through the Fed25 eral Emergency Management Agency or through a State. 
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $900,000,000 for fiscal year 2006. 

4 SEC. 104. USE OF 2004–2005 CHILD COUNT FOR ESEA AND 

5 IDEA FUNDING FOR SENDING LOCAL EDU6 CATIONAL AGENCIES. 

7 In calculating funding under part A of title I of the 

8 Elementary and Secondary Education Act of 1965 (20 

9 U.S.C. 6311 et seq.) and part B of the Individuals with 

10 Disabilities Education Act (20 U.S.C. 1411 et seq.) for 

11 the 2006–2007 school year for a local educational agency, 

12 the Secretary of Education shall use the child count appli13 cable for such agency that was calculated for the 2004– 

14 2005 school year if— 

15 (1) such agency serves an area in which the 

16 President has declared that a major disaster exists 

17 in accordance with section 401 of the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance 

19 Act (42 U.S.C. 5170), related to Hurricane Katrina; 

20 and 

21 (2) such agency, for the 2006–2007 school 

22 year, has a net loss of students as compared with 

23 the 2004–2005 school year. 
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1 SEC. 105. PAYMENTS FOR RECEIVING LOCAL EDUCATIONAL 

2 AGENCIES. 

3 (a) PAYMENTS AUTHORIZED.— 

4 (1) IN GENERAL.—Not later than December of 

5 2005 and not later than 5 months after the date of 

6 the first payment made under this paragraph, the 

7 Secretary of Education shall make payments to eligi8 ble local educational agencies in accordance with 

9 subsection (d) to enable the agencies to improve the 

10 instruction of the displaced students served by the 

11 agencies. 

12 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN13 CIES.—A local educational agency is eligible to re14 ceive a payment under paragraph (1) if the agency 

15 serves an elementary school or secondary school (in16 cluding a charter school) in which there is enrolled 

17 a displaced student who enrolled in such school. 

18 (b) DEFINITION OF DISPLACED STUDENT.—In this 

19 section, the term ‘‘displaced student’’ means a student 

20 who enrolled in an elementary school or secondary school 

21 (including a charter school) served by a local educational 

22 agency because such student resides or resided on August 

23 22, 2005, in an area for which a major disaster has been 

24 declared in accordance with section 401 of the Robert T. 

25 Stafford Disaster Relief and Emergency Assistance Act 

26 (42 U.S.C. 5170), related to Hurricane Katrina. 
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1 (c) NUMBER OF STUDENTS.—Not later than Decem2 ber 15, 2005, and April 15, 2006, each eligible local edu3 cational agency shall submit to the Secretary of Education 

4 documentation that indicates the number of displaced stu5 dents enrolled in the elementary schools and secondary 

6 schools (including charter schools) served by such agency, 

7 including the number of displaced students who are as8 sisted under part B of the Individuals with Disabilities 

9 Education Act (20 U.S.C. 1411 et seq.). 

10 (d) AMOUNT OF PAYMENTS.—The amount of a pay11 ment under subsection (a) for an eligible local educational 

12 agency shall equal the sum of— 

13 (1) 50 percent of the product of the number of 

14 displaced students (not including displaced students 

15 who are assisted under part B of the Individuals 

16 with Disabilities Education Act (20 U.S.C. 1411 et 

17 seq.)) served by such agency as described in sub18 section (c) times the average per-pupil expenditure 

19 for the most recent fiscal year for which the infor20 mation is available (but not earlier than fiscal year 

21 2003) in the State in which such agency is located, 

22 and 

23 (2) 50 percent of the product of the number of 

24 displaced students served by such agency who are 

25 assisted under part B of the Individuals with Dis-
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1 abilities Education Act (20 U.S.C. 1411 et seq.) as 

2 described in subsection (c) times 125 percent of the 

3 average per-pupil expenditure for the most recent 

4 fiscal year for which the information is available 

5 (but not earlier than fiscal year 2003) in the State 

6 in which such agency is located. 

7 (e) DISPLACED STUDENTS NOT TO COUNT FOR ESEA

8 AND IDEA FUNDING.—In calculating funding under part 

9 A of title I of the Elementary and Secondary Education 

10 Act of 1965 (20 U.S.C. 6311 et seq.) and part B of the 

11 Individuals with Disabilities Education Act (20 U.S.C. 

12 1411 et seq.) for a local educational agency that receives 

13 a payment under this section, the Secretary of Education 

14 shall not count, for purposes of calculating such funding 

15 under such parts, displaced students served by such agen16 cy for whom a payment is received under this section. 

17 (f) USE OF FUNDS.—A local educational agency re18 ceiving a payment under this section shall use such pay19 ment to enhance instructional opportunities for displaced 

20 students who enroll in elementary schools and secondary 

21 schools served by such agency, which uses may include— 

22 (1) providing instructional services to such stu23 dents; 
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1 (2) paying the compensation of personnel, in2 cluding teacher aides, to provide instructional serv3 ices to such students; and 

4 (3) identifying and acquiring curricular mate5 rial, including the costs of providing additional class6 room supplies, and mobile educational units and 

7 leasing neutral sites or spaces. 

8 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $2,500,000,000 for fiscal year 2006. 

11 SEC. 106. TEACHER AND PARAPROFESSIONAL RECI12 PROCITY; DELAY. 

13 (a) TEACHER AND PARAPROFESSIONAL RECI14 PROCITY.— 

15 (1) TEACHERS.— 

16 (A) AFFECTED TEACHER.—In this sub17 section, the term ‘‘affected teacher’’ means a 

18 teacher who is displaced due to Hurricane 

19 Katrina to a State that is different from the 

20 State in which such teacher resided before Hur21 ricane Katrina. 

22 (B) IN GENERAL.—A local educational 

23 agency may consider an affected teacher hired 

24 by such agency who is not highly qualified in 

25 the State in which such agency is located to be 
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1 highly qualified, for purposes of section 1119 of 

2 the Elementary and Secondary Education Act 

3 of 1965 (20 U.S.C. 6319), for a period not to 

4 exceed 1 year, if such teacher was highly quali5 fied, consistent with section 9101(23) of the 

6 Higher Education Act of 1965 (20 U.S.C. 

7 7801(23)), on or before August 22, 2005, in 

8 the State in which such teacher resided before 

9 Hurricane Katrina. 

10 (2) PARAPROFESSIONAL.— 

11 (A) AFFECTED PARAPROFESSIONAL.—In 

12 this subsection, the term ‘‘affected paraprofes13 sional’’ means a paraprofessional who is dis14 placed due to Hurricane Katrina to a State 

15 that is different from the State in which such 

16 paraprofessional resided before Hurricane 

17 Katrina. 

18 (B) IN GENERAL.—A local educational 

19 agency may consider an affected paraprofes20 sional hired by such agency who does not sat21 isfy the requirements of section 1119(c) of the 

22 Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 6319(c)) in the State in which 

24 such agency is located to satisfy such require25 ments, for purposes of such section, for a pe-
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1 riod not to exceed 1 year, if such paraprofes2 sional satisfied such requirements on or before 

3 August 22, 2005, in the State in which such 

4 paraprofessional resided before Hurricane 

5 Katrina. 

6 (b) DELAY.—The Secretary of Education may delay, 

7 for a period not to exceed 1 year, applicability of the re8 quirements of paragraphs (2) and (3) of section 1119(a) 

9 of the Elementary and Secondary Education Act of 1965 

10 (20 U.S.C. 6319(a)(2) and (3)) with respect to the States 

11 of Alabama, Louisiana, and Mississippi (and local edu12 cational agencies within the jurisdiction of such States), 

13 if any such State or local educational agency demonstrates 

14 that a failure to comply with such requirements is due 

15 to exceptional or uncontrollable circumstances, such as a 

16 natural disaster or a precipitous and unforeseen decline 

17 in the financial resources of local educational agencies 

18 within the State. 

19 SEC. 107. ASSISTANCE FOR HOMELESS YOUTH. 

20 (a) IN GENERAL.—The Secretary of Education shall 

21 provide assistance to local educational agencies serving 

22 homeless children and youths displaced by Hurricane 

23 Katrina, consistent with section 723 of the McKinney24 Vento Homeless Assistance Act (42 U.S.C. 11433), in25 cluding identification, enrollment assistance, assessment 
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1 and school placement assistance, transportation, coordina2 tion of school services, supplies, referrals for health, men3 tal health, and other needs. 

4 (b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 

5 (1) EXCEPTION.—For purposes of providing as6 sistance under subsection (a), subsections (c) and 

7 (e)(1) of section 722 and subsections (b) and (c) of 

8 section 723 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) 

10 and (c)) shall not apply. 

11 (2) DISBURSEMENT.—The Secretary of Edu12 cation shall disburse funding provided under sub13 section (a) to State educational agencies based on 

14 need, as determined by the Secretary, and such 

15 State educational agencies shall distribute funds to 

16 local educational agencies based on demonstrated 

17 need, for the purposes of carrying out section 723 

18 of the McKinney-Vento Homeless Assistance Act (42 

19 U.S.C. 11433). 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $50,000,000. 

23 TITLE II—HIGHER EDUCATION 

24 SEC. 201. DEFINITIONS. 

25 In this title: 
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1 (1) AFFECTED BORROWER.—The term ‘‘af2 fected borrower’’ means an individual who— 

3 (A) was in repayment on a loan made, in4 sured, or guaranteed under part B, D, or E of 

5 the Higher Education Act of 1965 (20 U.S.C. 

6 1071 et seq.; 1087a et seq.; 1087aa et seq.) on 

7 August 22, 2005, or enters or entered repay8 ment after August 22, 2005 and before June 

9 30, 2006; and 

10 (B)(i) lives or lived in an area in which an 

11 emergency or major disaster was declared under 

12 section 401 of the Robert T. Stafford Disaster 

13 Relief and Emergency Assistance Act (42 

14 U.S.C. 5170) due to the effects of Hurricane 

15 Katrina; or 

16 (ii) worked, as of August 22, 2005, in such 

17 an area. 

18 (2) AFFECTED INSTITUTION.—The term ‘‘af19 fected institution’’ means an institution of higher 

20 education, as defined in section 101 or 102 of the 

21 Higher Education Act of 1965 (20 U.S.C. 1001, 

22 1002) located in an area in which an emergency or 

23 major disaster was declared under section 401 of the 

24 Robert T. Stafford Disaster Relief and Emergency 
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1 Assistance Act due to the effects of Hurricane 

2 Katrina. 

3 (3) AFFECTED STUDENT.—The term ‘‘affected 

4 student’’ means a student who was enrolled on Au5 gust 29, 2005 in an affected institution. 

6 (4) DISTANCE EDUCATION.— 

7 (A) IN GENERAL.—The term ‘‘distance 

8 education’’ means a course or program that 

9 uses 1 or more of the technologies described in 

10 subparagraph (B) to— 

11 (i) deliver instruction to students who 

12 are separated from the instructor; and 

13 (ii) support regular and substantive 

14 interaction between the students and the 

15 instructor, either synchronously or asyn16 chronously. 

17 (B) INCLUSIONS.—For the purposes of 

18 subparagraph (A), the technologies used may 

19 include— 

20 (i) the Internet; 

21 (ii) one-way and two-way trans22 missions through open broadcast, closed 

23 circuit, cable, microwave, broadband lines, 

24 fiber optics, satellite, or wireless commu25 nications devices; 
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1 (iii) audio conferencing; or 

2 (iv) video cassette, DVDs, and CD3 ROMs, provided that they are used in a 

4 course in conjunction with the technologies 

5 listed in clauses (i) through (iii). 

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

7 the Secretary of Education. 

8 SEC. 202. WAIVER AUTHORITY AND MODIFICATIONS TO 

9 CERTAIN PROVISIONS OF THE HIGHER EDU10 CATION ACT OF 1965. 

11 (a) WAIVER OF GRANT REPAYMENTS BY STU12 DENTS.—Notwithstanding section 484B of the Higher 

13 Education Act of 1965 (20 U.S.C. 1091b), the Secretary 

14 shall waive the amounts that students would otherwise be 

15 required to return to the Department of Education with 

16 respect to any grant assistance under title IV of the High17 er Education Act of 1965 (20 U.S.C. 1070 et seq.) for 

18 an affected student who was unable to attend, or whose 

19 attendance was interrupted, because of the impact of Hur20 ricane Katrina on the student or an affected institution. 

21 (b) EXTENSION OF PERIOD FOR REPAYMENT OF

22 STUDENT GRANT ASSISTANCE BY AFFECTED INSTITU23 TIONS.—An affected institution shall calculate the amount 

24 of Federal Pell Grant funds and Federal Supplemental 

25 Educational Opportunity Grant funds that the affected in-
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1 stitution is required to return in accordance with section 

2 484B of the Higher Education Act of 1965, but the Sec3 retary shall grant an extension until June 30, 2010, for 

4 the return of the funds to the Department of Education. 

5 If any affected institution does not return such grant 

6 funds in full by the July 1, 2010, the Secretary shall work 

7 out a repayment schedule with the affected institution that 

8 may include payment of interest. The Secretary may as9 sess a penalty for failure to return such grant funds in 

10 full by July 1, 2010, or for failure to make a payment 

11 in accordance with a repayment schedule. 

12 (c) TEMPORARY LOAN DEFERMENT FOR AFFECTED

13 STUDENTS WHO DO NOT ENROLL IN ANOTHER INSTITU14 TION.—With respect to a loan made, insured, or guaran15 teed under part B, D, or E of title IV of the Higher Edu16 cation Act of 1965, an affected student who does not en17 roll in another institution of higher education at any time 

18 during the period beginning on August 22, 2005, and end19 ing on and June 30, 2006, and is not eligible for an in20 school deferment, shall be placed in deferment status for 

21 that period. 

22 (d) EXTENSION OF PERIOD FOR RETURN OF LOAN

23 PROCEEDS TO THE LENDER OR THE PERKINS LOAN

24 FUND BY AFFECTED INSTITUTIONS.—An affected institu25 tion shall calculate the amount to be credited to out-
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1 standing balances on loans made, insured, or guaranteed 

2 under part B, D, or E of title IV of the Higher Education 

3 Act of 1965, but shall have until June 30, 2006 to remit 

4 the funds to the appropriate account or lender. If records 

5 related to such balances or loans were destroyed or are 

6 inaccessible as a result of Hurricane Katrina, affected in7 stitutions are encouraged to use additional sources of in8 formation regarding such balances or loans, such as infor9 mation from lenders and guaranty agencies. In the event 

10 an affected institution does not remit such amounts as re11 quired under the preceding sentence, the Secretary shall 

12 hold the affected student harmless, and shall make a pay13 ment on behalf of the affected student and take such ac14 tion as the Secretary determines necessary to recover the 

15 amounts from the affected institution, including interest 

16 and penalties, as the Secretary determines appropriate. 

17 (e) AUTHORITY TO EXCEED ANNUAL LOAN LIM18 ITS.—Notwithstanding any provision of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary 

20 shall permit an affected student to exceed the annual loan 

21 limits under part B, D, or E of title IV of the Higher 

22 Education Act of 1965 by an amount not greater than 

23 the applicable loan limit for such student under such part 

24 during the period beginning on July 1, 2005 and ending 

25 on June 30, 2006. 
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1 (f) WAIVER AUTHORITY TO FACILITATE USE OF

2 FEDERAL WORK-STUDY FUNDS.—The Secretary is au3 thorized— 

4 (1) to make whatever arrangements the Sec5 retary determines are necessary and feasible in order 

6 to transfer Federal work-study funds under part C 

7 of title IV of the Higher Education Act of 1965 (42 

8 U.S.C. 2751 et seq.) from an affected institution to 

9 an institution of higher education that enrolls an af10 fected student during the 2005–2006 award year; 

11 and 

12 (2) with respect to the Federal work-study 

13 funds that are transferred to an institution of higher 

14 education in accordance with paragraph (1), to 

15 waive all of the non-Federal share requirements 

16 under such part for the institution of higher edu17 cation that enrolls the affected student during the 

18 2005–2006 award year. 

19 (g) FORBEARANCE.—Notwithstanding the provisions 

20 of part B, D, or E of title IV of the Higher Education 

21 Act of 1965, a lender, the Secretary, or an institution of 

22 higher education is authorized to provide not more than 

23 1 year of forbearance to an affected borrower without doc24 umentation. 
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1 (h) PROFESSIONAL JUDGMENT.—A financial aid ad2 ministrator shall be considered to be making an adjust3 ment in accordance with section 479A(a) of the Higher 

4 Education Act of 1965 (20 U.S.C. 1087tt(a)) if the finan5 cial aid administrator makes the adjustment with respect 

6 to the calculation of the expected student or parent con7 tribution (or both) for an affected student, or for a stu8 dent or a parent who resides or resided on August 22, 

9 2005, or was employed on August 22, 2005, in an area 

10 in which an emergency or major disaster was declared 

11 under section 401 of the Robert T. Stafford Disaster Re12 lief and Emergency Assistance Act due to the effects of 

13 Hurricane Katrina. The financial aid administrator shall 

14 adequately document the need for the adjustment. The 

15 Secretary is authorized to simplify such documentation for 

16 institutions of higher education that receive a significant 

17 number of affected students as compared to the total stu18 dent enrollment at the institution. 

19 (i) MODIFICATION OF PART A OF TITLE II GRANTS

20 AUTHORIZED.—The Secretary is authorized to approve 

21 modifications to the requirements for Teacher Quality En22 hancement Grants for States and Partnerships under part 

23 A of title II of the Higher Education Act of 1965 (20 

24 U.S.C. 1021 et seq.), at the request of the grantee— 
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1 (1) to assist States and local educational agen2 cies to recruit and retain highly qualified teachers in 

3 a school district located in an area in which an 

4 emergency or major disaster was declared under sec5 tion 401 of the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act due to the effects of 

7 Hurricane Katrina; and 

8 (2) to assist institutions of higher education, as 

9 defined in section 101 of such Act (20 U.S.C. 1001), 

10 located in such area to recruit and retain faculty 

11 necessary to prepare teachers and provide profes12 sional development. 

13 (j) WAIVER AUTHORITY TO MODIFY AUTHORIZED

14 USES OF TRIO, GEAR-UP, PART A OR B OF TITLE III, 

15 AND OTHER GRANTS.—The Secretary is authorized to 

16 modify the required and allowable uses of funds under 

17 chapters 1 and 2 of subpart 2 of part A of title IV of 

18 the Higher Education Act of 1965 (20 U.S.C. 1070a et 

19 seq., 1070a–21 et seq.), under part A or B of title III 

20 (20 U.S.C. 1057 et seq., 1060 et seq.), and under any 

21 other competitive grant program, at the request of an af22 fected institution or other grantee, with respect to affected 

23 institutions and other grantees located in an area in which 

24 an emergency or major disaster was declared under sec25 tion 401 of the Robert T. Stafford Disaster Relief and 
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1 Emergency Assistance Act due to the effects of Hurricane 

2 Katrina. 

3 (k) AUTHORITY TO EXTEND OR WAIVE REPORTING

4 REQUIREMENTS UNDER SECTION 131(a).—The Secretary 

5 is authorized to extend reporting deadlines or waive re6 porting requirements under section 131(a) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1015(a)) for an af8 fected institution. 

9 (l) DISTANCE EDUCATION STUDENT AND PROGRAM

10 ELIGIBILITY.— 

11 (1) PROGRAM ELIGIBILITY.—Notwithstanding 

12 section 102(a)(3) of the Higher Education Act of 

13 1965 (20 U.S.C. 1002(a)(3)), an institution of high14 er education, other than a foreign institution, that 

15 offers education or training programs principally 

16 through distance education shall be considered to 

17 meet the definition of an institution of higher edu18 cation under section 101 or 102 of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1001, 1002) if such 

20 institution— 

21 (A) has been evaluated and determined to 

22 have the capability to effectively deliver distance 

23 education programs by an accrediting agency or 

24 association that— 
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1 (i) is recognized by the Secretary 

2 under part H of title IV of the Higher 

3 Education Act of 1965 (20 U.S.C. 1099a 

4 et seq.); and 

5 (ii) has evaluation of distance edu6 cation programs within the scope of its 

7 recognition, as described in section 

8 496(n)(3) of the Higher Education Act of 

9 1965 (20 U.S.C. 1099b(n)(3)); 

10 (B) is otherwise eligible to participate in 

11 programs authorized under title IV of the High12 er Education Act of 1965 (20 U.S.C. 1070 et 

13 seq.); 

14 (C) has not had its participation in pro15 grams under title IV of the Higher Education 

16 Act of 1965 suspended or terminated within the 

17 previous 5 years; and 

18 (D) has not had, or failed to resolve, an 

19 audit finding or program review finding under 

20 the Higher Education Act of 1965 during the 

21 2 years preceding the year for which the deter22 mination is made that, following any appeal to 

23 the Secretary, resulted in the institution being 

24 required to repay an amount that is equal to or 

25 greater than 25 percent of the total funds the 
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1 institution received under the programs author2 ized under title IV of the Higher Education Act 

3 of 1965 for the most recent award year. 

4 (2) STUDENT ELIGIBILITY.—Notwithstanding 

5 any provision of the Higher Education Act of 1965, 

6 an affected student enrolled in a course of instruc7 tion at an institution of higher education that is of8 fered principally through distance education and 

9 leads to a recognized certificate, or associate, bacca10 laureate, or graduate degree, conferred by such in11 stitution, shall not be considered to be enrolled in 

12 correspondence courses. 

13 SEC. 203. GENERAL WAIVER AUTHORITY AND REQUIRED 

14 CONSULTATION. 

15 (a) WAIVER AUTHORITY.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the Secretary may waive or modify 

18 any statutory provision of the Higher Education Act 

19 of 1965 or any regulation implementing such Act as 

20 the Secretary determines necessary in connection 

21 with the emergency or major disaster that was de22 clared under section 401 of the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act due 

24 to the effects of Hurricane Katrina. 
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1 (2) ACTIONS AUTHORIZED.—In carrying out 

2 paragraph (1), the Secretary is authorized to waive 

3 or modify any provision described in paragraph (1) 

4 as the Secretary determines necessary to ensure 

5 that— 

6 (A) administrative requirements placed on 

7 affected students, affected borrowers, institu8 tions of higher education, lenders, guaranty 

9 agencies and grantees are minimized to the ex10 tent possible without impairing the integrity of 

11 the higher education programs under the High12 er Education Act of 1965, to ease the burden 

13 on such participants; or 

14 (B) institutions of higher education, lend15 ers, guaranty agencies, and other entities par16 ticipating in the student financial assistance 

17 programs under title IV of the Higher Edu18 cation Act of 1965, that serve an area in which 

19 an emergency or major disaster was declared 

20 under section 401 of the Robert T. Stafford 

21 Disaster Relief and Emergency Assistance Act 

22 due to the effects of Hurricane Katrina, may be 

23 granted temporary relief from requirements 

24 that are rendered infeasible or unreasonable 

25 due to the affects of Hurricane Katrina, includ-
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1 ing due diligence requirements and reporting 

2 deadlines. 

3 (b) CONSTRUCTION.—Nothing in this section shall be 

4 construed to allow the Secretary to waive or modify any 

5 applicable statutory or regulatory requirements prohib6 iting discrimination in a program or activity, or in employ7 ment or contracting, under existing law (in existence on 

8 the date of the Secretary’s action). 

9 (c) CONSULTATION.—Prior to granting any waiver or 

10 modification under this section, the Secretary shall consult 

11 with the Committee on Health, Education, Labor, and 

12 Pensions of the Senate and the Committee on Education 

13 and the Workforce of the House of Representatives with 

14 respect to waivers or modifications under this section. 

15 SEC. 204. NOTICE OF WAIVERS, MODIFICATIONS, OR EXTEN16 SIONS. 

17 (a) IN GENERAL.—Notwithstanding section 437 of 

18 the General Education Provisions Act (20 U.S.C. 1232) 

19 and section 553 of title 5, United States Code, the Sec20 retary shall publish in the Federal Register a notice of 

21 the waivers, modifications, or extensions granted under 

22 section 202 or 203. 

23 (b) TERMS AND CONDITIONS.—The notice described 

24 in paragraph (1) shall include information on the waivers, 

25 modifications, and extensions granted under section 202 
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1 or 203, and shall include the terms and conditions to be 

2 applied in lieu of the statutory and regulatory provisions 

3 waived, modified, or extended under section 202 or 203, 

4 respectively. 

5 TITLE III—EMERGENCY AND DIS6 ASTER ASSISTANCE TO INDI7 VIDUALS WITH DISABILITIES 

8 Subtitle A—Assistance for Children 

9 With Disabilities 

10 SEC. 311. DEFINITIONS. 

11 In this subtitle: 

12 (1) IN GENERAL.—The terms ‘‘child with a dis13 ability’’, ‘‘local educational agency’’, ‘‘related serv14 ices’’, and ‘‘special education’’ have the meaning 

15 given such terms in section 602 of the Individuals 

16 with Disabilities Education Act (20 U.S.C. 1401). 

17 (2) AFFECTED BY HURRICANE KATRINA.—The 

18 term ‘‘affected by Hurricane Katrina’’, when used 

19 with respect to an individual, means an individual 

20 who resides or resided on August 22, 2005 in, or is 

21 or was enrolled on August 22, 2005, in a school lo22 cated in, an area in which the President has de23 clared that a major disaster or emergency exists in 

24 accordance with section 401 of the Robert T. Staf-
32 

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1 ford Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5170) related to Hurricane Katrina. 

3 (3) INFANT OR TODDLER WITH A DIS4 ABILITY.—The term ‘‘infant or toddler with a dis5 ability’’ has the meaning given such term in section 

6 632 of the Individuals with Disabilities Education 

7 Act (20 U.S.C. 1432). 

8 SEC. 312. USE OF 2004–2005 NUMBERS OF CHILDREN FOR 

9 IDEA FUNDING FOR SENDING STATES. 

10 (a) IN GENERAL.—In calculating funding under the 

11 Individuals with Disabilities Education Act (20 U.S.C. 

12 1400 et seq.) for the 2005–2006 school year and the 

13 2006–2007 school year for a State that meets the require14 ments of subsection (b), the Secretary of Education shall 

15 use data from the 2004–2005 school year to determine 

16 the number of children in such State for the purposes of— 

17 (1) subsections (a) and (d)(3) of section 611 of 

18 the Individuals with Disabilities Education Act (20 

19 U.S.C. 1411(a) and (d)(3)); 

20 (2) section 619 of the Individuals with Disabil21 ities Education Act (20 U.S.C. 1419), if such State 

22 is eligible to receive an allocation under such section; 

23 and 

24 (3) section 643(c) of the Individuals with Dis25 abilities Education Act (20 U.S.C. 1443(c)). 
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1 (b) SENDING STATES.—A State qualifies under this 

2 section if such State— 

3 (1) includes an area in which the President has 

4 declared that a major disaster exists in accordance 

5 with section 401 of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5170) related to Hurricane Katrina; and 

8 (2) for the 2005–2006 school year or 2006– 

9 2007 school year, has a net loss of students attend10 ing the schools located in the State, as compared 

11 with the 2004–2005 school year. 

12 SEC. 313. SUPPORT FOR LOCAL EDUCATIONAL AGENCIES 

13 RECEIVING CHILDREN AFFECTED BY HURRI14 CANE KATRINA. 

15 (a) FLEXIBILITY FOR LOCAL EDUCATIONAL AGEN16 CIES.—Notwithstanding any other provision of the Indi17 viduals with Disabilities Education Act (20 U.S.C. 1400 

18 et seq.), for a fiscal year in which funds are appropriated 

19 under this section, the Secretary of Education shall pro20 vide a portion (as determined by the Secretary) of such 

21 funds to an eligible local educational agency for the pur22 pose of providing early intervening services, as described 

23 in section 613(f) of such Act (20 U.S.C. 1413(f)), to a 

24 student who is affected by Hurricane Katrina— 
34 

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1 (1) if the student has not been identified by 

2 such agency as needing special education and related 

3 services but has been identified as needing additional 

4 academic and behavioral support; or 

5 (2) if the student’s record of receiving special 

6 education and related services are not available but 

7 the parent or guardian of the student certifies that 

8 the student received special education and related 

9 services at the student’s preceding school, until such 

10 time as an eligibility determination under section 

11 614 of such Act (20 U.S.C. 1414) can be made, ex12 cept that early intervening services under this para13 graph shall not be provided for more than 90 days 

14 unless the school and parent or guardian agree that 

15 progress is being made toward obtaining the eligi16 bility determination. 

17 (b) RULE OF CONSTRUCTION.—In the case of a child 

18 with a disability who is affected by Hurricane Katrina and 

19 whose records are available to the local educational agen20 cy, nothing in this section shall be construed to supersede 

21 the transfer provisions of section 614(d)(2)(C) of the Indi22 viduals with Disabilities Education Act (20 U.S.C. 

23 1414(d)(2)(C)). 

24 (c) LIMITATION.—An eligible local educational agen25 cy providing early intervening services under this section 
35 

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1 shall ensure that such services do not interfere with the 

2 special education and related services provided under the 

3 Individuals with Disabilities Education Act (20 U.S.C. 

4 1400 et seq.) to a child with a disability who is not af5 fected by Hurricane Katrina and is enrolled in a school 

6 served by the eligible local educational agency. 

7 (d) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL

8 AGENCY.—The term ‘‘eligible local educational agency’’ 

9 means a local educational agency that enrolls a student 

10 who is affected by Hurricane Katrina and who relocates 

11 to a school served by the local educational agency. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $10,000,000 for fiscal year 2006. 

15 Subtitle B—Assistance for 

16 Individuals With Disabilities 

17 SEC. 321. REHABILITATION ACT OF 1973. 

18 (a) DEFINITIONS.—In this section: 

19 (1) AFFECTED STATE.—The term ‘‘affected 

20 State’’ means a State that contains an area, or that 

21 received a significant number of individuals who re22 sided in an area, in which the President has declared 

23 that a major disaster exists. 

24 (2) EMERGENCY.—The term ‘‘emergency’’ 

25 means an emergency declared by the President in 
36 

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1 accordance with section 401 of the Robert T. Staf2 ford Disaster Relief and Emergency Assistance £Act 

3 (42 U.S.C. 5170), related to Hurricane Katrina. 

4 (3) INDIVIDUAL WITH A DISABILITY.—The term 

5 ‘‘individual with a disability’’ has the meaning given 

6 the term in section 3 of the Americans with Disabil7 ities Act of 1990 (42 U.S.C. 12102). 

8 (4) INDIVIDUAL WITH A DISABILITY AFFECTED

9 BY HURRICANE KATRINA.—The term ‘‘individual 

10 with a disability affected by Hurricane Katrina’’ 

11 means an individual with a disability who— 

12 (A) resided on August 22, 2005 in an area 

13 in which the President has declared that a 

14 major disaster exists; and 

15 (B) resides in an area in which the Presi16 dent has declared that an emergency or major 

17 disaster exists. 

18 (5) MAJOR DISASTER.—The term ‘‘major dis19 aster’’ means a major disaster declared by the Presi20 dent in accordance with section 401 of the Robert 

21 T. Stafford Disaster Relief and Emergency Assist22 ance Act (42 U.S.C. 5170), related to Hurricane 

23 Katrina. 

24 (b) REALLOTMENTS OF FUNDS.— 
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1 (1) IN GENERAL.—In realloting funds to States 

2 under section 110(e)(2) of the Rehabilitation Act of 

3 1973 (29 U.S.C. 730(e)(2)) for fiscal year 2005 the 

4 Secretary shall give preference to affected States. 

5 (2) WAIVERS.—If the Secretary reallots funds 

6 under section 110(e)(2) of the Rehabilitation Act of 

7 1973 to an affected State for a fiscal year, the State 

8 may submit an application to the Commissioner of 

9 the Rehabilitation Services Administration request10 ing a waiver of non-Federal share requirements ap11 plicable to programs under title I of such Act (29 

12 U.S.C. 720 et seq.) for that fiscal year. The Com13 missioner shall develop criteria for granting or deny14 ing such applications. 

15 (c) COMMUNITY DEVELOPMENT APPRENTICE16 SHIPS.—An affected State that receives reallotted funds 

17 as described in subsection (b) may use the funds to pay 

18 for apprenticeship programs (which may include training, 

19 mentoring, or job shadowing opportunities) that con20 tribute to the economic growth and development of com21 munities, to enable individuals with disabilities affected by 

22 Hurricane Katrina to participate in reconstruction or 

23 other major disaster assistance activities in the areas in 

24 which the individuals resided on August 22, 2005. 
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1 SEC. 322. ASSISTIVE TECHNOLOGY ACT OF 1998. 

2 (a) DEFINITIONS.—In this section: 

3 (1) IN GENERAL.—The terms defined in section 

4 321(c) have the meanings given the terms in that 

5 section. 

6 (2) ASSISTIVE TECHNOLOGY DEVICE.—The 

7 term ‘‘assistive technology device’’ has the meaning 

8 given the term in section 3 of the Assistive Tech9 nology Act of 1998 (29 U.S.C. 3002). 

10 (b) PROGRAMS.—An affected State that receives a 

11 grant under section 4 of the Assistive Technology Act of 

12 1998 (29 U.S.C. 3003) may submit an application to the 

13 Commissioner of the Rehabilitation Services Administra14 tion requesting authority, for a 90-day period, to use the 

15 funds made available through the grant for device reutili16 zation programs, device loan programs, and device dem17 onstrations, described in that section and for programs 

18 that directly provide assistive technology devices pur19 chased by or donated to the State, in order to enable indi20 viduals with disabilities affected by Hurricane Katrina to 

21 replace assistive technology devices that were damaged or 

22 lost in the emergency or major disaster involved. The 

23 Commissioner shall develop criteria for approving or deny24 ing such applications. 

25 (c) USE OF FUNDS.—An affected State that, in ac26 cordance with authority received under subsection (b), 
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1 uses funds made available through such a grant for activi2 ties described in subsection (b) during the 90-day period 

3 described in subsection (b) may treat such funds as having 

4 been used to carry out activities under section 4(e)(2) of 

5 the Assistive Technology Act of 1998 (29 U.S.C. 

6 3003(e)(2)), for purposes of meeting the use of funds re7 quirements of section 4(e) of such Act (29 U.S.C. 

8 3003(e)). 

9 (d) GRANTS.— 

10 (1) IN GENERAL.—The Secretary may make 

11 grants to affected States with approved applications 

12 under subsection (b) to enable the States to carry 

13 out programs described in subsection (b) in order to 

14 enable individuals with disabilities affected by Hurri15 cane Katrina to replace assistive technology devices 

16 as described in that subsection. In the case of a 

17 State that receives a grant under this paragraph, 

18 the State may obligate the funds made available 

19 through the grant during the 90-day period applica20 ble to the State under subsection (b). 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 this subsection $2,000,000 for fiscal year 2006, to 

24 remain available as necessary to permit obligations 

25 described in paragraph (1). 
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1 TITLE IV—CHILD CARE AND DE2 VELOPMENT BLOCK GRANT 

3 ACT OF 1990 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Child Care Disaster 

6 Assistance Act of 2005’’. 

7 SEC. 402. WAIVER AUTHORITY TO EXPAND THE AVAIL8 ABILITY OF SERVICES UNDER CHILD CARE 

9 AND DEVELOPMENT BLOCK GRANT ACT OF 

10 1990. 

11 (a) AUTHORITY.—For such period (ending not later 

12 than March 31, 2006), and to such extent as the Secretary 

13 of Health and Human Services considers to be appro14 priate, the Secretary may waive the provisions described 

15 in subsection (b) for any area with respect to which the 

16 President has determined that an emergency, or a major 

17 disaster, as defined in section 102 of the Robert T. Staf18 ford Disaster Relief and Emergency Assistance Act (42 

19 U.S.C. 5122), exists, related to Hurricane Katrina, for the 

20 purpose of providing child care services to children or21 phaned, or of families displaced, as a result of Hurricane 

22 Katrina. 

23 (b) PROVISIONS.—The provisions referred to in sub24 section (a) are provisions of the Child Care and Develop25 ment Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)— 
41 

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1 (1) relating to income limitations on eligibility 

2 to receive child care services for which assistance is 

3 provided under such Act; 

4 (2) relating to work requirements applicable to 

5 eligibility to receive child care services for which as6 sistance is provided under such Act; 

7 (3) requiring the application of section 658G to 

8 States in which an area described in subsection (a) 

9 is located; 

10 (4) requiring a copayment or other cost sharing 

11 by the families that receive child care services for 

12 which assistance is provided under such Act; and 

13 (5) preventing children designated as evacuees 

14 from receiving priority for child care services for 

15 which assistance is provided under such Act, except 

16 that children residing in an area and currently re17 ceiving services on August 22, 2005 shall not lose 

18 such services in order to accommodate evacuee chil19 dren. 

20 SEC. 403. TECHNICAL ASSISTANCE AND GUIDANCE. 

21 The Secretary may assist States to provide technical 

22 assistance and guidance to child care providers who are 

23 licensed and regulated, as applicable, by the States, in 

24 order to enable the providers to provide child care services 

25 for children and families described in section 402(a). 
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1 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to provide for 

3 child care services for children and families described in 

4 section 402(a) as provided for in section 402, and to carry 

5 out section 403, $112,000,000 for fiscal year 2006. 

6 TITLE V—HEAD START 

7 PROGRAMS 

8 SEC. 501. DEFINITIONS. 

9 In this title: 

10 (1) CHILDREN AFFECTED BY HURRICANE

11 KATRINA.—The term ‘‘children affected by Hurri12 cane Katrina’’ means a child who is not older than 

13 5 and who resides or resided on August 22, 2005, 

14 in an area in which the President has declared that 

15 a major disaster exists. 

16 (2) IMPACTED HEAD START AGENCIES.—The 

17 term ‘‘impacted Head Start agency’’ means a Head 

18 Start agency receiving a significant number of chil19 dren from an area in which a major disaster has 

20 been declared. 

21 (3) MAJOR DISASTER.—The term ‘‘major dis22 aster’’ means a major disaster declared by the Presi23 dent in accordance with section 401 of the Robert 

24 T. Stafford Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5170), related to Hurricane 

26 Katrina. 
43 

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1 SEC. 502. INCOME ELIGIBILITY AND DOCUMENTATION 

2 WAIVERS. 

3 The Secretary of Health and Human Services shall 

4 waive requirements of income eligibility and documenta5 tion for children affected by Hurricane Katrina who par6 ticipate in Head Start programs and Early Head Start 

7 programs funded under the Head Start Act. 

8 SEC. 503. TECHNICAL ASSISTANCE, GUIDANCE, AND RE9 SOURCES. 

10 The Secretary shall provide technical assistance, 

11 guidance, and resources through the Region 4 and Region 

12 6 offices of the Administration for Children and Families 

13 (and may provide technical assistance, guidance, and re14 sources through other regional offices of the Administra15 tion, at the request of such offices, that administer im16 pacted Head Start agencies) to Head Start agencies in 

17 areas in which a major disaster has been declared, and 

18 to impacted Head Start agencies, to assist the agencies 

19 involved in providing Head Start services to children af20 fected by Hurricane Katrina. 

21 SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated to provide for 

23 Head Start services (including Early Head Start services) 

24 to children affected by Hurricane Katrina as provided for 

25 in section 502, and to carry out section 503, $45,000,000 

26 for fiscal year 2006. 
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1 TITLE VI—DEPARTMENT OF 

2 EDUCATION INSPECTOR GEN3 ERAL AUDIT AND REPORT 

4 SEC. 601. DEPARTMENT OF EDUCATION INSPECTOR GEN5 ERAL AUDIT AND REPORT. 

6 (a) IN GENERAL.—The Inspector General of the De7 partment of Education (referred to in this section as the 

8 ‘‘Inspector General’’) shall conduct an audit and investiga9 tion of each program carried out by the Department of 

10 Education that includes response and recovery activities 

11 related to Hurricane Katrina. 

12 (b) WEEKLY REPORT.—Not less frequently than once 

13 a week, the Inspector General shall provide a report to 

14 the Committee on Health, Education, Labor, and Pen15 sions of the Senate and the Committee on Education and 

16 the Workforce of the House of Representatives listing the 

17 audits and investigations initiated pursuant to subsection 

18 (a). 

19 (c) STATUS REPORT.—Not later than 6 months after 

20 the date of enactment of this section, and biannually 

21 thereafter until the audits and investigations described in 

22 subsection (a) are complete, the Inspector General shall 

23 report to the Committee on Health, Education, Labor, and 

24 Pensions of the Senate and the Committee on Education 

25 and the Workforce of the House of Representatives on the 
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1 full status of the activities of the Inspector General under 

2 this section. 

3 (d) COOPERATIVE VENTURES.—In carrying out this 

4 section, the Inspector General is encouraged to enter into 

5 cooperative ventures with Inspectors General of other Fed6 eral agencies. 
Calendar No. 213 

109TH CONGRESS 

1ST SESSION S. 1715 

A BILL 

To provide relief for students and institutions afposes. fected by Hurricane Katrina, and for other purSEPTEMBER 19, 2005 

Read the second time and placed on the calendar