```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1637 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1637

To provide emergency relief to meet the immediate needs of survivors of 
 Hurricane Katrina for health care, housing, education, and financial 
                    relief, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2005

   Mr. Reid (for himself, Ms. Landrieu, Mr. Obama, Ms. Mikulski, Mr. 
Kennedy, Mr. Lieberman, Mr. Rockefeller, Ms. Stabenow, Mr. Lautenberg, 
    Ms. Cantwell, Mr. Levin, Mr. Durbin, Mr. Johnson, Mr. Reed, Mr. 
   Corzine, Mr. Baucus, Mr. Salazar, Mrs. Feinstein, Mrs. Boxer, Mr. 
 Dorgan, and Mr. Biden) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To provide emergency relief to meet the immediate needs of survivors of 
 Hurricane Katrina for health care, housing, education, and financial 
                    relief, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Katrina Emergency 
Relief Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--TEMPORARY MEDICAID DISASTER RELIEF

Sec. 101. Short title; purpose.
Sec. 102. Disaster relief period.
Sec. 103. Temporary Medicaid coverage for Katrina Survivors.
Sec. 104. Temporary disaster relief for States under Medicaid.
Sec. 105. Accommodation of special needs of Katrina Survivors under 
                            Medicare program.
                          TITLE II--EDUCATION

        Subtitle A--Support for Elementary and Secondary Schools

Sec. 201. Support for elementary and secondary schools.
        Subtitle B--Fund for Early Childhood Care and Education

Sec. 211. Fund for early childhood care and education.
          Subtitle C--Support for Students in Higher Education

Sec. 221. Support for students in higher education.
                TITLE III--EMERGENCY HOUSING ASSISTANCE

Sec. 301. Short title.
Sec. 302. Hurricane Katrina Emergency Assistance Vouchers.
Sec. 303. Report on inventory of availability of temporary housing.
Sec. 304. Appropriation of funding.
                       TITLE IV--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Moratorium on payments.
            Subtitle B--Individual and Household Assistance

Sec. 411. Individual and household assistance.
                  Subtitle C--Unemployment Assistance

Sec. 421. Unemployment assistance.
                         Subtitle D--Tax Relief

Sec. 431. Required exercise of authority under section 7508A for tax 
                            relief for victims of Hurricane Katrina.
Sec. 432. Penalty free withdrawals from retirement plans for victims of 
                            Hurricane Katrina.
          Subtitle E--Hurricane Katrina Food Assistance Relief

Sec. 441. Short title.
Sec. 442. Definition of Secretary.
Sec. 443. Food Stamp Program disaster authority.
Sec. 444. Emergency Food Assistance Program and Section 32 Assistance.
Sec. 445. WIC Funding.
Sec. 446. Report.
Sec. 447. Regulations.
                     Subtitle F--Bankruptcy Relief

Sec. 451. Bankruptcy Relief for Victims of Hurricane Katrina.
                    TITLE V--ADMINISTRATIVE MATTERS

Sec. 501. Period of availability of benefits.
Sec. 502. Nondiscrimination.

              TITLE I--TEMPORARY MEDICAID DISASTER RELIEF

SEC. 101. SHORT TITLE; PURPOSE.

    (a) Short Title.--This title may be cited as the ``Temporary 
Medicaid Disaster Relief Act of 2005''.
    (b) Purpose.--The purpose of this title is to ensure all those 
affected by Hurricane Katrina have access to health coverage and 
medical care through the medicaid program and to authorize temporary 
changes in such program to guarantee and expedite that coverage and 
access to care.

SEC. 102. DISASTER RELIEF PERIOD.

    (a) In General.--For purposes of this title, the term ``disaster 
relief period'' means the period beginning on August 29, 2005, and, 
subject to subsection (b), ending on February 28, 2006.
    (b) Presidential Authority to Extend Disaster Relief Period.--
            (1) In general.--The President shall extend the application 
        of section 103 and paragraphs (1) and (2) of section 104(a) 
        until September 30, 2006, unless the President determines that 
        all Katrina Survivors would have sufficient access to health 
        care without such an extension. In the case of such an 
        extension, the reference to ``February 28, 2006'' in subsection 
        (a) shall be considered to be a reference to ``September 30, 
        2006''.
            (2) Notice to congress.--The President shall notify the 
        Majority and Minority Leaders of the Senate, the Speaker of the 
        House of Representatives, the Minority Leader of the House of 
        Representatives, and the Chairs and Ranking Members of the 
        Committee on Finance of the Senate and the Committees on Energy 
        and Commerce and Ways and Means of the House of Representatives 
        at least 30 days prior to--
                    (A) extending the application of such sections; or
                    (B) if the President determines not to extend the 
                application of such sections, February 28, 2006.

SEC. 103. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.

    (a) Definitions.--In this title:
            (1) Katrina survivor.--
                    (A) In general.--The term ``Katrina Survivor'' 
                means an individual who is described in subparagraph 
                (B) or (C).
                    (B) Residents of disaster localities.--
                            (i) In general.--An individual who, on any 
                        day during the week preceding the declaration 
                        of a public health emergency on August 29, 
                        2005, had a residence in--
                                    (I) a parish in the State of 
                                Louisiana that is among the parishes 
                                that the Federal Emergency Management 
                                Agency of the Emergency Preparedness 
                                and Response Directorate of the 
                                Department of Homeland Security 
                                declared on September 4, 2005, to be 
                                Federal Disaster Parishes; or
                                    (II) a county in the State of 
                                Alabama or Mississippi that is among 
                                the counties such Agency declared 
                                Federal Disaster Counties on September 
                                4, 2005.
                            (ii) Authority to rely on website posted 
                        designations.--The Secretary of Health and 
                        Human Services shall post on the Internet 
                        website for the Centers for Medicare & Medicaid 
                        Services a list of parishes and counties 
                        identified as Federal Disaster Parishes or 
                        Counties. Any State which provides medical 
                        assistance to Katrina Survivors on the basis of 
                        such posting and in accordance with this title 
                        shall be held harmless if it is subsequently 
                        determined that the provision of such 
                        assistance was in error.
                    (C) Individuals who lost employment.--An individual 
                who, on any day during the week preceding the 
                declaration of a public health emergency on August 29, 
                2005, had a residence in a direct impact State and lost 
                their employment since Hurricane Katrina.
                    (D) Construction.--A Katrina Survivor shall be 
                treated as being ``from'' the State of residence 
                described in subparagraph (B)(i) or (C), as the case 
                may be.
                    (E) Treatment of current medicaid beneficiaries.--
                Nothing in this title shall be construed as preventing 
                an individual who is otherwise entitled to medical 
                assistance under title XIX of the Social Security Act 
                from being treated as a Katrina Survivor under this 
                title.
                    (F) Treatment of homeless persons.--For purposes of 
                this title, in the case of an individual who was 
                homeless on any day during the week described in 
                subparagraph (B)(i), the individual's ``residence'' 
                shall be deemed to be the place of residence as 
                otherwise determined for such an individual under title 
                XIX of the Social Security Act.
            (2) Direct impact state.--The term ``direct impact State'' 
        means the State of Louisiana, Alabama, and Mississippi.
    (b) Rules for Providing Temporary Medical Assistance to Katrina 
Survivors.--During the disaster relief period, any State may provide 
medical assistance to Katrina Survivors under a State medicaid plan 
established under title XIX of the Social Security Act in accordance 
with the following:
            (1) Uniform eligibility rules.--
                    (A) No income, resources, residency, or categorical 
                eligibility requirements.--Such assistance shall be 
                provided without application of any income or resources 
                test, State residency, or categorical eligibility 
                requirements.
                    (B) Streamlined eligibility procedures.--The State 
                shall use the following streamlined procedures in 
                processing applications and determining eligibility for 
                medical assistance for Katrina Survivors:
                            (i) A common 1-page application form 
                        developed by the Secretary of Health and Human 
                        Services in consultation with the National 
                        Association of State Medicaid Directors. Such 
                        form shall include notice regarding the 
                        penalties for making a fraudulent application 
                        under paragraph (4) and shall require the 
                        applicant to assign to the State any rights of 
                        the applicant (or any other person who is a 
                        Katrina Survivor and on whose behalf the 
                        applicant has the legal authority to execute an 
                        assignment of such rights) under any group 
                        health plan or other third-party coverage for 
                        health care.
                            (ii) Self-attestation by the applicant that 
                        the applicant is a Katrina Survivor.
                            (iii) No requirement for documentation 
                        evidencing the basis on which the applicant 
                        qualifies to be a Katrina Survivor.
                            (iv) Issuance of a Medicaid eligibility 
                        card to an applicant who completes such 
                        application, including the self-attestation 
                        required under clause (ii). Such card shall be 
                        valid during the disaster relief period.
                            (v) If an applicant completes the 
                        application and presents it to a provider or 
                        facility participating in the State medicaid 
                        plan that is qualified to make presumptive 
                        eligibility determinations under such plan 
                        (which at a minimum shall consist of facilities 
                        identified in section 1902(a)(55) of the Social 
                        Security Act (42 U.S.C. 1396a(a)(55)) and it 
                        appears to the provider that the applicant is a 
                        Katrina Survivor based on the information in 
                        the application, the applicant will be deemed 
                        to be a Katrina Survivor eligible for medical 
                        assistance in accordance with this section, 
                        subject to paragraph (3).
                            (vi) Continuous eligibility, without the 
                        need for any redetermination of eligibility, 
                        for the duration of the disaster relief period.
                    (C) Determination of eligibility for coverage after 
                the termination of the disaster relief period.--In the 
                case of a Katrina Survivor who is receiving medical 
                assistance from a State, prior to the termination of 
                the disaster relief period, the State providing such 
                assistance shall determine whether the Katrina Survivor 
                is eligible for continued medical assistance under the 
                State's eligibility rules otherwise applicable under 
                the State medicaid plan. If a State determines that the 
                individual is so eligible, the State shall provide the 
                individual with written notice of the determination and 
                provide the individual with continued coverage for such 
                medical assistance for so long as the individual 
                remains eligible under such otherwise applicable 
                eligibility rules. If a State determines that the 
                individual is not so eligible, the State shall provide 
                the individual with written notice of the 
                determination, including the reasons for such 
                determination.
            (2) Scope of coverage same as categorically needy.--The 
        State shall treat Katrina Survivors as individuals eligible for 
        medical assistance under the State plan under title XIX of the 
        Social Security Act on the basis of section 1902(a)(10)(A)(i) 
        of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with 
        coverage for such assistance retroactive to August 29, 2005.
            (3) Verification of status as a katrina survivor.--
                    (A) In general.--The State shall make a good faith 
                effort to verify the status of a Katrina Survivor 
                enrolled in the State Medicaid plan under the 
                provisions of this section after the determination of 
                the eligibility of the Survivor for medical assistance 
                under such plan.
                    (B) Evidence of verification.--A State may satisfy 
                the verification requirement under subparagraph (A) 
                with respect to a Katrina Survivor by showing that the 
                State providing medical assistance obtained information 
                from the Social Security Administration, the Internal 
                Revenue Service, or the State Medicaid Agency for the 
                direct impact State.
                    (C) Disallowance of payments for failure to make 
                good faith effort.--If, with respect to the status of a 
                Katrina Survivor enrolled in a State Medicaid plan, the 
                State fails to make the good faith effort required 
                under subparagraph (A), and the Secretary determines 
                that the individual so enrolled is not a Katrina 
                Survivor, the Secretary shall disallow all Federal 
                payments made to the State that are directly 
                attributable to medical assistance provided or 
                administrative costs incurred with respect to the 
                individual during the disaster relief period.
            (4) Penalty for fraudulent applications.--
                    (A) Individual liable for costs.--If a State, as 
                the result of verification activities conducted under 
                paragraph (3), determines after a fair hearing that an 
                individual has knowingly made a false self-attestation 
                described in paragraph (1)(B)(ii), the State may, 
                subject to subparagraph (B), seek recovery from the 
                individual for the full amount of the cost of medical 
                assistance provided to the individual under this 
                section.
                    (B) Exception.--The Secretary shall exempt a State 
                from seeking recovery under subparagraph (A) if the 
                Secretary determines that it would not be cost-
                effective for the State to do so.
                    (C) Reimbursement to the federal government.--Any 
                amounts recovered by a State in accordance with this 
                paragraph shall be returned to the Federal government, 
                except that a State's administrative costs attributable 
                to obtaining such recovery shall be reimbursed by the 
                Federal government in accordance with section 
                104(a)(2).
            (5) Exemption from error rate penalties.--All payments 
        attributable to providing medical assistance to Katrina 
        Survivors in accordance with this section shall be disregarded 
        for purposes of section 1903(u) of the Social Security Act.

SEC. 104. TEMPORARY DISASTER RELIEF FOR STATES UNDER MEDICAID.

    (a) Increase in Federal Matching Rate.--
            (1) 100 percent fmap for medical assistance.--
        Notwithstanding section 1905(b) of the Social Security Act (42 
        U.S.C. 1396d(b)), the Federal medical assistance percentage for 
        providing medical assistance under a State medicaid plan under 
        title XIX of such Act to Katrina Survivors or, in the case of a 
        direct impact State, to any individual who is provided medical 
        assistance under the State medicaid plan during the disaster 
        relief period, shall be 100 percent.
            (2) 100 percent federal match for certain administrative 
        costs.--Notwithstanding paragraph (7) of section 1903(a) of 
        such Act (42 U.S.C. 1396b(a)), or any other paragraph of such 
        section, the Federal matching rate for costs directly 
        attributable to all administrative activities that relate to 
        the enrollment of Katrina Survivors under section 103 in a 
        State medicaid plan, verification of the status of such 
        Survivors, processing of claims for payment for medical 
        assistance provided to such Survivors under such section, and 
        recovery costs under section 103(b)(4)(C), shall be 100 
        percent. The Secretary shall issue guidance not later 30 days 
        after the date of enactment of this Act on the implementation 
        of this paragraph.
    (b) Limitation on Reduction of FMAP for Fiscal Year 2006 for Any 
State.--If the Federal medical assistance percentage (as defined in 
section 1905(b) of the Social Security Act) determined for a State for 
fiscal year 2006 is less than the Federal medical assistance percentage 
determined for the State for fiscal year 2005, the Federal medical 
assistance percentage for the State for fiscal year 2005 shall apply to 
the State for fiscal year 2006 only for purposes of title XIX of the 
Social Security Act.
    (c) Temporary Suspension of Medicare ``Clawback'' and Postponement 
of Cut-Off of Medicaid Prescription Drug Funding in Affected States.--
            (1) Suspension in application of ``clawback''.--Section 
        1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) shall 
        not apply, subject to paragraph (3), before January 2007 to a 
        direct impact State or to a State that experiences a 
        significant influx of Katrina Survivors.
            (2) Continuation of medicaid drug coverage for dual 
        eligibles.--Section 1935(d)(1) of such Act shall also not 
        apply, subject to paragraph (3), before January 2007 to a part 
        D eligible individual who is a Katrina Survivor.
            (3) Termination of application of subsection.--Paragraphs 
        (1) and (2) shall no longer apply to a State or a Katrina 
        Survivor, respectively, if the Secretary determines, after 
        consultation with the State, that enrollment of all part D 
        eligible individuals in the State under part D of title XVIII 
        of the Social Security Act who are described in section 
        1935(c)(6)(A)(ii) of such Act can be achieved without a 
        discontinuation in prescription drug coverage for any such 
        individual.
            (4) Definition.--For purposes of this subsection, the term 
        ``State that experiences a significant influx of Katrina 
        Survivors'' means those States, including Arkansas, Florida, 
        Oklahoma, and Texas, that the Secretary of Health and Human 
        Services identifies as having a significant in-migration of 
        Katrina Survivors.

SEC. 105. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER 
              MEDICARE PROGRAM.

    (a) Exclusion of Disaster Relief Period in Computing Part B Late 
Enrollment Penalty.--In applying the first sentence of section 1839(b) 
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a 
Katrina Survivor, there shall not be taken into account any month any 
part of which is within the disaster relief period or within the 2-
month period following the end of such disaster relief period.
    (b) Part D.--
            (1) Extension of initial enrollment period.--In the case of 
        a Katrina Survivor, the initial enrollment period under section 
        1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
        101(b)(2)) shall in no case end before May 15, 2007.
            (2) Flexibility in documentation for low-income 
        subsidies.--For purposes of carrying out section 1860D-14 of 
        the Social Security Act (42 U.S.C. 1395w-114), with respect to 
        Katrina Survivors, the Secretary of Health and Human Services 
        shall establish documentation rules for Katrina Survivors which 
        take into account the loss and unavailability of documents due 
        to Hurricane Katrina.

                          TITLE II--EDUCATION

        Subtitle A--Support for Elementary and Secondary Schools

SEC. 201. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide assistance to eligible local educational 
        agencies experiencing large increases in student enrollment due 
        to Hurricane Katrina;
            (2) to facilitate the enrollment of students impacted by 
        Hurricane Katrina into elementary schools and secondary schools 
        served by such agencies; and
            (3) to provide high quality instruction to such students.
    (b) Grants Authorized.--
            (1) In general.--The Secretary of Education shall award 
        grants to eligible local educational agencies.
            (2) Eligible local educational agencies.--
                    (A) Child count.--Each State that has a large 
                influx of displaced students due to Hurricane Katrina, 
                as determined by the Secretary of Education, shall set 
                a child count date for local educational agencies in 
                the State that have a large influx of such students, as 
                determined by the State, for the purpose of determining 
                the total number of such students in each such agency.
                    (B) Definition.--In this section, the term 
                ``eligible local educational agency'' means a local 
                educational agency--
                            (i) that serves, as determined in 
                        accordance with the child count described in 
                        subparagraph (A), not less than 50 displaced 
                        students due to Hurricane Katrina; or
                            (ii) that serves an elementary school or 
                        secondary school in which not less than 3 
                        percent of the students enrolled at the school 
                        are displaced students due to Hurricane 
                        Katrina, as determined in accordance with the 
                        child count described in subparagraph (A).
            (3) Grant amount.--An eligible local educational agency 
        that receives a grant under this section shall receive a grant 
        amount that is equal to $2,500 multiplied by the number of 
        students who enroll in elementary schools and secondary schools 
        served by such agency because the students are displaced due to 
        Hurricane Katrina.
    (c) Application.--Each eligible local educational agency desiring a 
grant under this section shall prepare and submit an application to the 
Secretary of Education that contains--
            (1) an assurance that the educational programs, services, 
        and activities proposed under this section will be administered 
        by or under the supervision of the agency;
            (2) an assurance that the agency will coordinate the use of 
        funds received under this section with other funds received by 
        the agency under the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6301 et seq.) and with programs described under 
        such Act;
            (3) an assurance that funds will be used--
                    (A) to improve instruction to students who enroll 
                in elementary schools and secondary schools served by 
                such agency because the students are displaced due to 
                Hurricane Katrina; and
                    (B) to facilitate such students' transition into 
                schools served by the agency; and
            (4) such other information and assurances as the Secretary 
        may reasonably require.
    (d) Use of Funds.--Each eligible local educational agency that 
receives a grant under this section shall use the grant funds to 
enhance instructional opportunities for students who enroll in 
elementary schools and secondary schools served by such agency because 
the students are displaced due to Hurricane Katrina, which may 
include--
            (1) basic instructional services for such students, 
        including tutoring, mentoring, or academic counseling;
            (2) salaries of personnel, including teacher aides, to 
        provide instructional services to such students;
            (3) identification and acquisition of curricular material, 
        including the costs of providing additional classroom supplies, 
        overhead costs, costs of construction, acquisition or rental of 
        space, costs of transportation, or such other costs as are 
        directly attributable to such instructional services for such 
        students;
            (4) health services (including mental health services), 
        meals, and clothing; and
            (5) such other activities, related to the purpose of this 
        section, as the Secretary of Education may authorize.

        Subtitle B--Fund for Early Childhood Care and Education

SEC. 211. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide assistance to local communities experiencing 
        large influxes of preschool-aged children displaced by 
        Hurricane Katrina; and
            (2) to facilitate placement of such children in early 
        childhood education programs.
    (b) Early Childhood Education Programs.--In this section, the term 
``early childhood education program'' means a Head Start program or an 
Early Head Start program carried out under the Head Start Act (42 
U.S.C. 9831 et seq.), a State licensed or regulated child care program 
or school, or a State prekindergarten program that serves children from 
birth through kindergarten.
    (c) Grants and Subgrants Authorized.--
            (1) Grants.--The Secretary of Health and Human Services 
        shall award grants to States demonstrating large influxes of 
        children and families displaced due to Hurricane Katrina.
            (2) Subgrants.--
                    (A) In general.--A State receiving a grant under 
                paragraph (1) shall award subgrants to affected local 
                communities in the State to facilitate placement of 
                displaced children in existing early childhood 
                education programs.
                    (B) Affected local communities.--In this paragraph, 
                the term ``affected local community'' means a local 
                community in a State described in subparagraph (A) in 
                which--
                            (i) there are not less than 200 pre-school 
                        aged children who are displaced due to 
                        Hurricane Katrina; or
                            (ii) there is a significant percentage of 
                        the total number of children participating in 
                        early childhood education programs in the 
                        community who are children who are in the 
                        community because the children are displaced 
                        due to Hurricane Katrina, as determined by the 
                        Secretary of Health and Human Services.
    (d) Applications.--Each State that desires to receive a grant under 
this section shall prepare and submit an application to the Secretary 
of Health and Human Services that contains--
            (1) a description of the collaborative planning process 
        between the State agency responsible for pre-kindergarten, 
        State child care administrator, and Head Start Collaboration 
        Director to facilitate the placement of children who are 
        displaced due to Hurricane Katrina in early childhood education 
        programs;
            (2) assurances that funds received under this section will 
        be used for the purpose described in subsection (a);
            (3) a plan to coordinate funds received under this section 
        with existing resources available to the early childhood 
        education programs for similar purposes; and
            (4) such other information and assurances as the Secretary 
        of Health and Human Services may reasonably require.
    (e) Use of Subgrant Funds.--
            (1) In general.--Each affected local community receiving a 
        subgrant under this section shall use the subgrant funds only 
        for--
                    (A) costs associated with accommodating the influx 
                of displaced children, including acquisition or rental 
                of space;
                    (B) costs associated with providing services to 
                displaced children, including related services such as 
                nutrition and acquisition of related materials; and
                    (C) costs associated with hiring additional 
                personnel, including teacher aides or personnel working 
                with families of children.
            (2) Income and documentation waiver.--The Secretary of 
        Health and Human Services shall waive requirements of income 
        eligibility and documentation for children displaced by 
        Hurricane Katrina who participate in Head Start programs and 
        Early Head Start programs funded by subgrants awarded pursuant 
        to this section.

          Subtitle C--Support for Students in Higher Education

SEC. 221. SUPPORT FOR STUDENTS IN HIGHER EDUCATION.

    (a) Students in School.--
            (1) No questions asked policy.--The Secretary of Education 
        shall authorize an institution of higher education to waive 
        Federal financial aid requirements, as determined appropriate 
        by the Secretary of Education, with respect to a student at 
        such institution who enrolls in such institution because such 
        student was impacted by Hurricane Katrina.
            (2) Campus-based aid.--
                    (A) SEOG.--
                            (i) In general.--
                                    (I) Authorization.--From funds 
                                appropriated pursuant to subclause 
                                (II), the Secretary of Education shall 
                                carry out a program of making payments 
                                to institutions of higher education to 
                                enable such institutions to award 
                                Federal supplemental educational 
                                opportunity grants under subpart 3 of 
                                part A of title IV of the Higher 
                                Education Act of 1965 (20 U.S.C. 1070b 
                                et seq.) to students enrolled at such 
                                institutions who are eligible to 
                                receive a grant under such subpart and 
                                who enrolled at such institutions 
                                because the students are displaced due 
                                to Hurricane Katrina, as determined by 
                                the Secretary.
                                    (II) Authorization of 
                                appropriations.--There are authorized 
                                to be appropriated to carry out 
                                subclause (I) such sums as may be 
                                necessary.
                            (ii) Waiver of nonfederal share.--
                        Notwithstanding subpart 3 of part A of title IV 
                        of the Higher Education Act of 1965 (20 U.S.C. 
                        1070b et seq.), the Federal share of awards 
                        made pursuant to this subparagraph shall be 
                        equal to 100 percent.
                    (B) Work-study programs.--
                            (i) In general.--
                                    (I) Authorization.--From funds 
                                appropriated pursuant to subclause 
                                (II), the Secretary of Education shall 
                                carry out a program of awarding grants 
                                to institutions of higher education to 
                                enable such institutions to carry out 
                                work-study programs under part C of 
                                title IV of the Higher Education Act of 
                                1965 (20 U.S.C. 2751 et seq.) for 
                                students enrolled at such institutions 
                                who are eligible to participate in 
                                work-study programs under such part and 
                                who enrolled at such institutions 
                                because the students are displaced due 
                                to Hurricane Katrina, as determined by 
                                the Secretary.
                                    (II) Authorization of 
                                appropriations.--There are authorized 
                                to be appropriated to carry out 
                                subclause (I) such sums as may be 
                                necessary.
                            (ii) Waiver of nonfederal share.--
                        Notwithstanding part C of title IV of the 
                        Higher Education Act of 1965 (20 U.S.C. 2751 et 
                        seq.), the Federal share of the compensation of 
                        students made pursuant to this subparagraph 
                        shall be equal to 100 percent.
    (b) Help for Individuals With Student Loans.--
            (1) Definitions.--In this subsection:
                    (A) Eligible borrower.--The term ``eligible 
                borrower'' means an individual who has lost the 
                individual's job due to the impact of Hurricane 
                Katrina, as determined by the Secretary of Education.
                    (B) Eligible loan.--In this subsection, the term 
                ``eligible loan'' means a student loan of an eligible 
                borrower made, insured, or guaranteed under title IV of 
                the Higher Education Act of 1965 (20 U.S.C. 1070 et 
                seq.).
            (2) Grace period.--The Secretary of Education shall carry 
        out a program in which the Secretary enters into an agreement 
        with the holder of an eligible loan in which, for a 6 month 
        period, periodic installments of principal are not paid but 
        interest shall accrue and be paid by the Secretary on such 
        loan.
            (3) Period not to count against economic hardship periods 
        provided in higher education act of 1965.--Notwithstanding any 
        provision of the Higher Education Act of 1965 (20 U.S.C. 1001 
        et seq.), the 6-month grace period provided in paragraph (2) 
        for an eligible borrower shall not count as part of the 3-year 
        economic hardship periods provided in sections 
        427(a)(2)(C)(iii), 428(b)(1)(M)(iii), 455(f)(2)(C), and 
        464(c)(2)(A)(iii) of the Higher Education Act of 1965 (20 
        U.S.C. 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), 1087e(f)(2)(C), 
        and 1087dd(c)(2)(A)(iii)).

                TITLE III--EMERGENCY HOUSING ASSISTANCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Helping to House the Victims of 
Hurricane Katrina Act of 2005''.

SEC. 302. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS.

    Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)) is amended by adding at the end the following:
            ``(20) Hurricane katrina emergency assistance vouchers.--
                    ``(A) In general.--Subject to section 501 of the 
                Katrina Emergency Relief Act of 2005, during the 6-
                month period beginning on the date of enactment of the 
                Katrina Emergency Relief Act of 2005, the Secretary 
                shall provide temporary rental assistance to any 
                individual or family, if--
                            ``(i) the individual or family resides, or 
                        resided on August 29, 2005, in any area that is 
                        subject to a declaration by the President of a 
                        major disaster or emergency under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) in 
                        connection with Hurricane Katrina; and
                            ``(ii) the residence of the individual or 
                        family became uninhabitable or inaccessible as 
                        result of that major disaster or emergency.
                    ``(B) Regulations.--Not later than 30 days after 
                the date of enactment of the Katrina Emergency Relief 
                Act of 2005, the Secretary shall issue final rules to 
                establish the procedures applicable to the issuance of 
                assistance under subparagraph (A).
                    ``(C) Notice.--The Secretary, in consultation with 
                the Director of the Federal Emergency Management Agency 
                and such other agencies as the Secretary determines 
                appropriate, shall establish procedures for providing 
                notice of the availability of assistance under this 
                paragraph to individuals or families that may be 
                eligible for such assistance.
                    ``(D) Authority to contract with pha's and 
                others.--The Secretary may contract with any State or 
                local government agency or public housing agency, or in 
                consultation with any State or local government agency, 
                with any other entity, to ensure that assistance 
                payments under this paragraph are provided in an 
                efficient and expeditious manner.
                    ``(E) Waiver of eligibility requirements.--In 
                providing assistance under this paragraph, the 
                Secretary shall waive the requirements under--
                            ``(i) paragraph (2), relating to tenant 
                        contributions towards rent, except that any 
                        such waiver shall expire on an individual's 
                        return to work;
                            ``(ii) paragraph (4), relating to the 
                        eligibility of individuals to receive 
                        assistance;
                            ``(iii) subsection (k) and paragraph (5) of 
                        this subsection, relating to verification of 
                        income;
                            ``(iv) paragraph (7)(A), relating to the 
                        requirement that leases shall be for a term of 
                        1 year;
                            ``(v) paragraph (8), relating to initial 
                        inspection of housing units by a public housing 
                        agency; and
                            ``(vi) subsection (r)(1)(B), relating to 
                        restrictions on portability.
                    ``(F) Use of funds.--Notwithstanding any other 
                provision of law, funds available for assistance under 
                this paragraph--
                            ``(i) shall be made available by the 
                        Secretary to individuals to cover the cost of--
                                    ``(I) rent;
                                    ``(II) security and utility 
                                deposits;
                                    ``(III) relocation expenses, 
                                including expenses incurred in 
                                relocating back to the major disaster 
                                area when such relocation is permitted; 
                                and
                                    ``(IV) such additional expenses as 
                                the Secretary determines necessary; and
                            ``(ii) shall be used by the Secretary--
                                    ``(I) for payments to public 
                                housing agencies, State or local 
                                government agencies, or other voucher 
                                administrators for vouchers used to 
                                assist individuals or families affected 
                                by the major disaster or emergency 
                                described in this paragraph up to their 
                                authorized level of vouchers, if any 
                                such vouchers are not otherwise funded; 
                                and
                                    ``(II) to provide operating 
                                subsidies to public housing agencies 
                                for public housing units provided to 
                                individuals or families affected by the 
                                major disaster or emergency described 
                                in this paragraph, if such a subsidy 
                                was not previously provided for those 
                                units.
                    ``(G) Payment standard.--For purposes of this 
                paragraph, the payment standard for each size of 
                dwelling unit in a market area may not exceed 150 
                percent, or higher if the Secretary approves of such 
                increase, of the fair market rental established under 
                subsection (c) for the same size dwelling unit in the 
                same market area, and shall be not less than 90 percent 
                of that fair market rental.
                    ``(H) Nondiscrimination.--In selecting individuals 
                or families for tenancy, a landlord or owner may not 
                exclude or penalize an individual or family solely 
                because any portion of the rental payment of that 
                individual or family is provided under this paragraph.
            ``(21) Assistance for current voucher recipients affected 
        by hurricane katrina.--
                    ``(A) In general.--The Secretary shall waive any of 
                the requirements described in clauses (i) through (vi) 
                of paragraph (20)(E) for any individual or family 
                receiving assistance under this section on August 29, 
                2005, if--
                            ``(i) the individual or family resides, or 
                        resided on August 29, 2005, in any area that is 
                        subject to a declaration by the President of a 
                        major disaster or emergency under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.) in 
                        connection with Hurricane Katrina; and
                            ``(ii) the residence of the individual or 
                        family became uninhabitable or inaccessible as 
                        result of that major disaster or emergency.
                    ``(B) Additional uses of funds.--Notwithstanding 
                any other provision of law, the Secretary shall 
                provide, as the Secretary determines appropriate, 
                supplemental assistance to an individual or family 
                receiving assistance under this section on August 29, 
                2005, and meeting the requirements described in 
                subparagraph (A), to assist the individual or family 
                with the additional costs of relocating to new housing, 
                including to cover--
                            ``(i) the additional cost of rent and 
                        utilities;
                            ``(ii) security and utility deposits;
                            ``(iii) relocation expenses, including 
                        expenses incurred in relocating back to the 
                        major disaster area when such relocation is 
                        permitted; and
                            ``(iv) such additional expenses as the 
                        Secretary determines necessary.
                    ``(C) Payment standard.--For purposes of this 
                paragraph, the payment standard for each size of 
                dwelling unit in a market area may not exceed 150 
                percent, or higher if the Secretary approves of such 
                increase, of the fair market rental established under 
                subsection (c) for the same size dwelling unit in the 
                same market area, and shall be not less than 90 percent 
                of that fair market rental.
                    ``(D) Nondiscrimination.--A landlord or owner may 
                not exclude or penalize an individual or family solely 
                because that individual or family is eligible for any 
                waivers or benefits provided under this paragraph.
            ``(22) Authority of the secretary to directly administer 
        vouchers when pha's are unable to do so.--If the Secretary 
        determines that a public housing agency is unable to implement 
        the provisions of this subsection due to the effects of 
        Hurricane Katrina, the Secretary may--
                    ``(A) directly administer any voucher program 
                described in paragraphs (1) through (20); and
                    ``(B) perform the functions assigned to a public 
                housing agency by this subsection.''.

SEC. 303. REPORT ON INVENTORY OF AVAILABILITY OF TEMPORARY HOUSING.

    Not later than 10 days after the date of enactment of this Act, the 
Secretary of Defense, the Administrator of the General Services 
Administration, the Secretary of Agriculture, and such other agency 
heads as the Secretary determines appropriate, shall compile and report 
to the Secretary an inventory of Federal civilian and defense 
facilities that can be used--
            (1) to provide emergency housing; or
            (2) as locations for the construction or deployment of 
        temporary housing units.

SEC. 304. APPROPRIATION OF FUNDING.

    (a) In General.--There are authorized to be appropriated and are 
appropriated $3,500,000,000 to provide assistance under this title.
    (b) Emergency Designation.--The amount appropriated under 
subsection (a) is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress).

                       TITLE IV--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Hurricane Emergency Limitation 
on Payments (HELP) Act of 2005''.

SEC. 402. DEFINITIONS.

    In this subtitle:
            (1) Disaster.--The term ``Disaster'' means the major 
        disasters declared by the President on August 29, 2005, 
        relating to damage caused by Hurricane Katrina.
            (2) Injured person.--The term ``injured person'' means any 
        individual or entity that suffers harm resulting from the 
        Disaster that makes the individual or entity eligible to 
        receive, and the individual or entity submits an application in 
        good faith to receive--
                    (A) housing assistance under section 408(b) of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5174(b));
                    (B) financial assistance to address other needs 
                under section 408(e) of that Act (42 U.S.C. 5174(e));
                    (C) unemployment assistance under section 410 of 
                that Act (42 U.S.C. 5177) (as amended by subtitle C);
                    (D) a disaster loan under section 7(b) of the Small 
                Business Act (15 U.S.C. 636(b)); or
                    (E) an emergency loan made under subtitle C of the 
                Consolidated Farm and Rural Development Act (7 U.S.C. 
                1961 et seq.).

SEC. 403. MORATORIUM ON PAYMENTS.

    (a) In General.--Except as otherwise provided in this subtitle, no 
injured person shall be subject to a penalty or a requirement to pay 
interest for a failure of the injured person, as a result of the 
Disaster, to make timely payment of a financial obligation for any loan 
made, subsidized, or guaranteed by the United States.
    (b) Applicability to Loans.--The moratorium under subsection (a) 
shall not apply to any loan made to or assumed by an injured person on 
or after August 29, 2005.
    (c) Period of Effectiveness.--The moratorium under subsection (a) 
shall apply in accordance with section 501 to the failure of an injured 
person to make timely payments.
    (d) Eligibility.--If a Federal agency responsible for administering 
a benefit program referred to in section 402(b) determines that an 
individual or entity that has applied to receive a benefit under the 
program is not eligible to receive the benefit, the individual or 
entity, for purposes of the moratorium under subsection (a), shall 
cease to be considered an injured person as of the date on which the 
individual or entity receives notice of the determination of the 
Federal agency.
    (e) Federal Responsibility.--In the case of a moratorium on 
payments on a loan subsidized or guaranteed by the United States, 
nothing in this section excuses the United States from any liability of 
the United States to the lender under the terms of the agreement 
between the United States and the lender.
    (f) Effect of Other Law.--The moratorium under subsection (a) shall 
apply to an injured person only if, and to the extent that, the injured 
person is not excused from, or eligible to be excused from, the 
obligation under other applicable law.

            Subtitle B--Individual and Household Assistance

SEC. 411. INDIVIDUAL AND HOUSEHOLD ASSISTANCE.

    (a) Maximum Amounts.--Notwithstanding section 408 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), 
in providing assistance to individuals and households affected by 
Hurricane Katrina, the President may waive the limitation on total 
assistance under subsection (h) of that section.
    (b) Mortgage and Rental Assistance.--
            (1) In general.--During the 18-month period beginning on 
        the date of enactment of this Act, the President may provide 
        assistance in the form of mortgage or rental payments for 
        persons described in paragraph (2).
            (2) Eligible persons.--Assistance under paragraph (1) may 
        be provided to any individual or household that--
                    (A) resided on August 29, 2005, in an area that is 
                subject to a declaration by the President of a major 
                disaster under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
                in connection with Hurricane Katrina; and
                    (B) as a result of financial hardship caused by a 
                major disaster described in subparagraph (A), is 
                subject to dispossession or eviction from a residence 
                due to foreclosure of a mortgage or lien or termination 
                of a lease entered into before the date on which the 
                major disaster is declared.
    (c) Types of Housing Assistance.--No limitation relating to the 
maximum amount of assistance under paragraph (2) or (3) of section 
408(c) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5174(c)) shall apply with respect to major 
disaster FEMA-1603-DR-Louisiana, FEMA-1604-DR-Mississippi, or FEMA-
1605-DR-Alabama.
    (d) Financial Assistance to Address Other Needs.--Notwithstanding 
section 408(g)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(g)(2)), in the case of 
financial assistance provided under subsection (e) of that section to 
any individual or household in response to a major disaster referred to 
in subsection (c), the Federal share shall be 100 percent.

                  Subtitle C--Unemployment Assistance

SEC. 421. UNEMPLOYMENT ASSISTANCE.

    Section 410 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5177) is amended by striking the section 
heading and all that follows through the end of subsection (a) and 
inserting the following:

``SEC. 410. UNEMPLOYMENT ASSISTANCE.

    ``(a) Provision of Unemployment Assistance.--
            ``(1) Assistance.--
                    ``(A) In general.--The President shall provide to 
                any individual unemployed as a result of a major 
                disaster such benefit assistance as the President 
                determines to be appropriate.
                    ``(B) Location of employment.--An individual that 
                is unemployed as a result of a major disaster as 
                determined under subparagraph (A) may receive 
                assistance under this subsection regardless of whether 
                the individual was employed at a location within the 
                declared disaster area.
                    ``(C) Reason for unemployment.--For purposes of 
                this subsection, an individual who is unemployed 
                because a loss of business resulting from a major 
                disaster contributed importantly to the employer's 
                decision to reduce or terminate employment shall be 
                considered to be an individual unemployed as a result 
                of a major disaster.
                    ``(D) Eligibility.--An individual shall be eligible 
                to receive assistance under this subsection regardless 
                of whether the individual is eligible to receive, or 
                has exhausted eligibility for, State unemployment 
                compensation.
            ``(2) Availability.--Assistance provided to an unemployed 
        individual under paragraph (1) shall be available as long as 
        the unemployment of the individual caused by the major disaster 
        continues, or until the individual is reemployed in at least a 
        comparable position, but not longer than 52 weeks after the 
        date on which the unemployed individual first receives 
        assistance.
            ``(3) Maximum and minimum weekly amounts.--The amount of 
        assistance provided to an unemployed individual under this 
        subsection for each week of unemployment shall be--
                    ``(A) unless the amount is less than the amount 
                described in subparagraph (B), not more than the 
                maximum weekly amount authorized under the unemployment 
                compensation law of the State in which the disaster 
                occurred; and
                    ``(B) not less than the national average weekly 
                unemployment benefit provided to an individual as of 
                the date of the major disaster for which unemployment 
                assistance is provided.
            ``(4) Period for application.--The President shall accept 
        applications for assistance under this subsection for--
                    ``(A) the 90-day period beginning on the date on 
                which the applicable major disaster is declared; or
                    ``(B) such longer period as may be established by 
                the President.
            ``(5) Cooperation with states.--The President shall provide 
        assistance under this subsection through agreements with States 
        that, in the judgment of the President, have an adequate system 
        for administering the assistance through existing State 
        agencies.''.

                         Subtitle D--Tax Relief

SEC. 431. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A FOR TAX 
              RELIEF FOR VICTIMS OF HURRICANE KATRINA.

    In the case of any taxpayer determined by the Secretary of the 
Treasury to be affected by the Presidentially declared disaster 
relating to Hurricane Katrina, the Secretary of the Treasury shall 
specify a period under section 7508A of the Internal Revenue Code of 
1986 of not less than 6 months beginning on August 29, 2005, that may 
be disregarded with respect to all of the acts described in section 
7508(a)(1) of such Code.

SEC. 432. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR VICTIMS OF 
              HURRICANE KATRINA.

    (a) Exclusion From Income of Certain Distributions Which Are 
Repaid.--Section 72 of the Internal Revenue Code of 1986 (relating to 
individual retirement accounts) is amended by redesignating subsection 
(x) as subsection (y) and by inserting after subsection (w) the 
following new subsection:
    ``(x) Repayable Distributions From Qualified Retirement Plans for 
Victims of Hurricane Katrina.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, gross income shall not include any qualified 
        distribution.
            ``(2) Repayment requirement.--
                    ``(A) Addition to tax.--If the required 
                recontributions made by the taxpayer during the 
                repayment period are less than the qualified 
                distribution, the tax imposed by this chapter for the 
                last taxable year in the repayment period shall be 
                increased by the amount determined under subparagraph 
                (B).
                    ``(B) Determination of amount.--The amount 
                determined under this subparagraph shall be an amount 
                which bears the same ratio to the tax benefit amount 
                as--
                            ``(i) the excess (if any) of the qualified 
                        distribution over required recontributions made 
                        during the repayment period, bears to
                            ``(ii) the qualified distribution.
                    ``(C) Repayment period.--For purposes of this 
                subsection, the term `repayment period' means, with 
                respect to any qualified distribution, the 5-taxable 
                year period beginning after the taxable year in which 
                such distribution is received.
                    ``(D) Tax benefit amount.--For purposes of this 
                subsection, the term `tax benefit amount' means, with 
                respect to any qualified distribution, the aggregate 
                reduction in the tax imposed by this chapter for the 
                taxable year in which such distribution is received by 
                reason of the exclusion under paragraph (1).
            ``(3) Qualified distribution.--For purposes of this 
        subsection, the term `qualified distribution' means any 
        distribution to an individual who has a principal place of 
        abode within the area designated as a disaster area by the 
        President under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act in connection with Hurricane Katrina--
                    ``(A) if such distribution is made during the 6-
                month period beginning on the date such declaration is 
                made, and
                    ``(B) to the extent such distribution does not 
                exceed the excess of--
                            ``(i) the amount of expenses incurred as a 
                        result of such disaster, over
                            ``(ii) the amount of such expenses which 
                        are compensated for by insurance or otherwise.
            ``(4) Recontribution of qualified distributions.--
                    ``(A) In general.--If an individual received a 
                qualified distribution, such individual shall make 
                required recontributions in the manner provided in this 
                paragraph to an individual retirement plan maintained 
                for the benefit of such individual.
                    ``(B) Method of making recontribution.--Any 
                required recontribution--
                            ``(i) shall be made during the repayment 
                        period for the qualified distribution,
                            ``(ii) shall not exceed the qualified 
                        distribution reduced by any prior 
                        recontribution under this paragraph with 
                        respect to such distribution, and
                            ``(iii) shall be made by making a payment 
                        in cash to the qualified retirement plan from 
                        which the qualified distribution was made.
                An individual making a required recontribution under 
                this paragraph shall designate (in the manner 
                prescribed by the Secretary) such contribution as a 
                required recontribution under this paragraph and shall 
                specify the qualified distribution with respect to 
                which such recontribution is being made.
                    ``(C) Treatment of contribution.--For purposes of 
                this title, any required recontribution under this 
                paragraph shall not be taken into account for purposes 
                of any limitation on contributions to a qualified 
                retirement plan (as so defined).
            ``(5) Other special rules.--
                    ``(A) Basis rules not affected.--The tax treatment 
                under this chapter of any distribution (other than a 
                qualified distribution) shall be determined as if this 
                subsection had not been enacted.
                    ``(B) Aggregation rule.--For purposes of this 
                subsection, all qualified distributions received by an 
                individual during a taxable year shall be treated as a 
                single distribution.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to distributions received after the date of the enactment of this 
Act, in taxable years ending after such date.

          Subtitle E--Hurricane Katrina Food Assistance Relief

SEC. 441. SHORT TITLE.

    This subtitle may be cited as the ``Hurricane Katrina Food 
Assistance Relief Act of 2005''.

SEC. 442. DEFINITION OF SECRETARY.

    In this subtitle, the term ``Secretary'' means the Secretary of 
Agriculture.

SEC. 443. FOOD STAMP PROGRAM DISASTER AUTHORITY.

    (a) In General.--Section 5(h) of the Food Stamp Act of 1977 (7 
U.S.C. 2014(h)) is amended by adding at the end the following:
    ``(4) Response to hurricane katrina.--
            ``(A) Definitions.--In this paragraph:
                    ``(i) Affected area.--
                            ``(I) In general.--The term `affected area' 
                        means an area of a State that the Secretary 
                        determines was affected by Hurricane Katrina or 
                        a related condition.
                            ``(II) Inclusion.--The term `affected area' 
                        includes any area that, as a result of 
                        Hurricane Katrina or a related condition, was 
                        covered by--
                                    ``(aa) a natural disaster 
                                declaration under section 321(a) of the 
                                Consolidated Farm and Rural Development 
                                Act (7 U.S.C. 1961(a)); or
                                    ``(bb) a major disaster or 
                                emergency designation under the Robert 
                                T. Stafford Disaster Relief and 
                                Emergency Assistance Act (42 U.S.C. 
                                5121 et seq.).
                    ``(ii) Affected household.--
                            ``(I) In general.--The term `affected 
                        household' means a household--
                                    ``(aa) in an affected area;
                                    ``(bb) in which a member worked 
                                immediately prior to August 29, 2005, 
                                in an affected area; or
                                    ``(cc) that was displaced as a 
                                result of Hurricane Katrina or a 
                                related condition to other areas of the 
                                same or another State.
                            ``(II) Inclusion.--The term `affected 
                        household' includes a household containing 1 or 
                        more individuals that were displaced as a 
                        result of Hurricane Katrina or a related 
                        condition, as determined by the Secretary.
                    ``(iii) Disaster recovery period.--
                            ``(I) In general.--The term `disaster 
                        recovery period' means the period of 180 days 
                        beginning on the date of enactment of this 
                        paragraph.
                            ``(II) Extension.--The disaster recovery 
                        period shall be extended for another 180 days 
                        unless the President determines that the 
                        extension is not necessary to fully meet the 
                        needs of affected households.
            ``(B) Disaster recovery period.--During the disaster 
        recovery period--
                    ``(i) clauses (iv) and (v) of subsection (g)(2)(B), 
                subsections (d) and (o) of section 6, and section 
                8(c)(1) shall not apply to affected households;
                    ``(ii) the application of an affected household 
                shall be processed under the procedures established 
                under section 11(e)(9);
                    ``(iii) at the option of the State agency, the 
                State agency may increase the value to the affected 
                household of the thrifty food plan determined under 
                section 3(o) by 6 percent when calculating the value of 
                the allotment for an affected household under section 
                8(a), in lieu of making the adjustment otherwise 
                required by clause (iv);
                    ``(iv) except in the case of a household to which 
                clause (iii) applies, the State agency shall calculate 
                the income of an affected household using a standard 
                deduction of $323 in lieu of the deduction provided 
                under subsection (e)(1);
                    ``(v) the Secretary shall pay each State agency an 
                amount equal to 100 percent of administrative costs 
                allowable under section 16(a) related to serving 
                affected households in lieu of the payments section 
                16(a) would otherwise require for those costs;
                    ``(vi) an affected household shall be considered to 
                meet the requirements of subsection (c)(2) if the 
                income of the affected household, as calculated under 
                subsection (c)(2), does not exceed the level permitted 
                under subsection (c)(1) by more than 50 percent;
                    ``(vii) any funds designated for rebuilding or 
                relocation (including payments from Federal, State, or 
                local governments, charitable organizations, employers, 
                or insurance companies) shall be excluded from 
                consideration under subsection (g) in determining the 
                eligibility of an affected household; and
                    ``(viii) an affected household may not be 
                considered to customarily purchase food and prepare 
                meals together with other individuals if the affected 
                household did not customarily purchase food and prepare 
                meals for home consumption with those individuals 
                immediately prior to August 29, 2005.
            ``(C) Duplicate participation.--
                    ``(i) In general.--The Secretary shall take such 
                actions as are prudent and reasonable under the 
                circumstances to identify affected households that are 
                participating in more than 1 State and to terminate the 
                duplicate participation of those households.
                    ``(ii) No action taken.--Except in the case of 
                deliberate falsehoods, no action may be taken against 
                any affected household relating to any duplicate 
                participation during the disaster recovery period that 
                takes place prior to termination under clause (i).
            ``(D) Claims relating to benefits.--Except in the case of 
        intentional program violations as determined under section 
        6(b), no claim may be established under section 13(b) relating 
        to benefits issued under this subsection.
            ``(E) Payment error rate.--For purposes of determining the 
        payment error rate of a State agency under section 16(c), the 
        Secretary shall disregard any errors resulting from the 
        application of this paragraph to an affected household during 
        the disaster recovery period.
            ``(F) Savings clause.--This paragraph shall not apply in 
        any area of a State to the extent that there is in effect in 
        the area an emergency food stamp plan approved by the Secretary 
        that is more generous than the assistance provided under this 
        paragraph.''.
    (b) Program Information Activities.--
            (1) In general.--From funds otherwise appropriated for the 
        food stamp program established under the Food Stamp Act of 1977 
        (7 U.S.C. 2011 et seq.), the Secretary may use not more than 
        $5,000,000 for the period of fiscal year 2005 through 2006 to 
        enter into contracts with nonprofit organizations to provide 
        affected households (as defined in section 5(h)(4)(A)(i) of the 
        Food Stamp Act of 1977 (as added by subsection (a)) with 
        information about and assistance in completing the application 
        process for any food assistance programs for which the 
        Secretary provides funds or commodities.
            (2) Expediting provisions.--Notwithstanding any other 
        provision of law, the Secretary shall not be required--
                    (A) to provide public notice of the availability of 
                funds described in paragraph (1); or
                    (B) to accept competitive bids for contracts under 
                this subsection.

SEC. 444. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 ASSISTANCE.

    (a) Definition of Eligible Recipient.--In this section, the term 
``eligible recipient'' means an individual or household that, as 
determined by the Secretary in consultation with the Secretary of 
Homeland Security--
            (1) is a victim of Hurricane Katrina or a related 
        condition;
            (2) has been displaced by Hurricane Katrina or a related 
        condition; or
            (3) is temporarily housing 1 or more individuals displaced 
        by Hurricane Katrina or a related condition.
    (b) Assistance.--
            (1) In general.--In addition to funds already obligated to 
        carry out the emergency food assistance program established 
        under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 
        et seq.), the Secretary, in consultation with the Secretary of 
        Homeland Security, shall use not more than $200,000,000 of 
        funds made available under that Act to provide a variety of 
        food to eligible recipient agencies for providing food 
        assistance to eligible recipients, including--
                    (A) special supplemental foods for pregnant women 
                and infants or for other individuals with special 
                needs;
                    (B) infant formula;
                    (C) bottled water; and
                    (D) fruit juices.
            (2) Use of funds.--Funds made available under paragraph (1) 
        may be used to provide commodities in accordance with--
                    (A) section 27 of the Food Stamp Act of 1977 (7 
                U.S.C. 2036);
                    (B) section 203A of the Emergency Food Assistance 
                Act of 1983 (7 U.S.C. 7504); and
                    (C) section 204 of the Emergency Food Assistance 
                Act of 1983 (7 U.S.C. 7508).
    (c) Section 32 Funding.--In addition to funds obligated for fiscal 
years 2005 and 2006 under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), the Secretary shall use not more than $200,000,000 of 
funds made available under that section to provide food assistance to 
eligible recipients, including food described in subparagraphs (A) 
through (D) of subsection (b)(1).

SEC. 445. WIC FUNDING.

    (a) In General.--In addition to other funds made available to the 
Secretary for fiscal year 2005 or 2006 to carry out the special 
supplemental nutrition program for women, infants, and children 
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786), there is authorized to be appropriated $200,000,000, to remain 
available until September 30, 2007.
    (b) Emergency Designation.--The amounts made available by the 
transfer of funds in or pursuant to subsection (a) are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).
    (c) Allocation of Funds.--Notwithstanding section 17(i) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the Secretary may 
allocate funds made available under subsection (a) as the Secretary 
determines to be necessary to provide assistance to women, infants, and 
children who, as determined by the Secretary in consultation with the 
Secretary of Homeland Security--
            (1) are victims of Hurricane Katrina or a related 
        condition; or
            (2) have been displaced by Hurricane Katrina or a related 
        condition.

SEC. 446. REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary, in consultation with the Secretary of Homeland Security, 
shall submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report that--
            (1) describes whether additional funding or authority is 
        needed to continue to address the food needs of eligible 
        recipients; and
            (2) includes any determination by the President under 
        section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as 
        added by section _03(a)) that an extension of the disaster 
        recovery period is not necessary to fully meet the needs of 
        affected households.

SEC. 447. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this subtitle.
    (b) Procedure.--The promulgation of the regulations and 
administration of this subtitle shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

                     Subtitle F--Bankruptcy Relief

SEC. 451. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.

    (a) In General.--Notwithstanding any other provision of law, the 
provisions of title 11, United States Code, as in effect on August 29, 
2005, shall apply to any case described in subsection (b).
    (b) Eligibility.--A case described in this subsection is a case 
commenced during the 180-day period beginning on the effective date of 
the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 
under title 11, United States Code (other than under chapter 12 of that 
title 11), or during an extension of a period for the availability of 
benefits or assistance in accordance with section 501(b), by or on 
behalf of a debtor who resides, or who resided on August 29, 2005, in 
any area that is subject to a declaration by the President of a major 
disaster under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
Katrina.

                    TITLE V--ADMINISTRATIVE MATTERS

SEC. 501. PERIOD OF AVAILABILITY OF BENEFITS.

    (a) In General.--Except as otherwise provided by this Act or an 
amendment made by this Act, a benefit or assistance provided by any 
provision of this Act or an amendment made by this Act shall be 
available through the date that is 180 days after the date of enactment 
of this Act.
    (b) Automatic Extension.--The period during which a benefit or 
assistance described in subsection (a) is available shall be 
automatically extended for an additional 180 days, beginning on the 
date that is 181 days after the date of enactment of this Act (or any 
earlier date on which such period expires under a provision of this Act 
or an amendment made by this Act), unless the President determines that 
the extension of the availability of the benefit or assistance is not 
necessary to fully meet the needs of individuals and households 
affected by Hurricane Katrina or a related condition.
    (c) Report.--If the President determines that an extension is not 
necessary under subsection (b), the President shall submit to Congress 
a report describing the determination.

SEC. 502. NONDISCRIMINATION.

    Each recipient of Federal funds made available pursuant to this Act 
or an amendment made by this Act, in carrying out programs and 
activities with those funds, shall comply with all Federal laws 
(including regulations) prohibiting discrimination on the basis of 
race, color, religion, sex, national origin, age, or disability, 
including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.). Each recipient of Federal funds made available pursuant to this 
Act or an amendment made by this Act, in carrying out programs and 
activities with those funds, shall comply with all Federal laws 
(including regulations) prohibiting discrimination on the basis of 
race, color, religion, sex, national origin, age, or disability, 
including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.).
                                 <all>
```