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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2164 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 2164

   To amend titles IV, XVIII, and XIX of the Social Security Act to 
improve the provision of care under the programs under such titles, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2005

   Mrs. Stabenow, (for herself, Mr. Reid, Mr. Baucus, Mr. Nelson of 
Nebraska, Mr. Bingaman, Mr. Kennedy, Mrs. Clinton, Mr. Rockefeller, Mr. 
Dayton, Mrs. Lincoln, and Ms. Mikulski) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To amend titles IV, XVIII, and XIX of the Social Security Act to 
improve the provision of care under the programs under such titles, 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 ``Health and Welfare 
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--GENERAL PROVISIONS

Sec. 101. Update for physicians' services for 2006.
Sec. 102. Development of a strategic plan regarding physician 
                            investment in specialty hospitals.
Sec. 103. Three-year transition of hold harmless payments for small 
                            rural hospitals under the prospective 
                            payment system for hospital outpatient 
                            department services.
Sec. 104. Update to the composite rate component of the basic case-mix 
                            adjusted prospective payment system for 
                            dialysis services.
Sec. 105. One-year extension of moratorium on therapy caps.
Sec. 106. Applying rural home health add-on policy in 2006.
Sec. 107. State high risk health insurance pool funding.
Sec. 108. Extension of the temporary assistance for needy families 
                            block grant program through December 31, 
                            2006.
Sec. 109. Extension of the national random sample study of child 
                            welfare and child welfare waiver authority 
                            through December 31, 2006.
Sec. 110. Extension of transitional medical assistance (TMA) and 
                            abstinence education program.
Sec. 111. Implementation funding.
   TITLE II--EMERGENCY HEALTH CARE AND OTHER RELIEF FOR SURVIVORS OF 
                           HURRICANE KATRINA

                Subtitle A--Emergency Health Care Relief

Sec. 201. Definitions.
Sec. 202. Disaster relief medicaid.
Sec. 203. Targeted medicaid relief for major disaster parishes and 
                            counties in Louisiana, Mississippi, and 
                            Alabama.
Sec. 204. Authority to waive requirements during national emergencies 
                            with respect to evacuees from an emergency 
                            area.
Sec. 205. Emergency assistance for States with significant numbers of 
                            evacuees with respect to the Federal 
                            medical assistance percentage for fiscal 
                            year 2006.
Sec. 206. Emergency assistance to medicare beneficiaries.
Sec. 207. Relief for hospitals located in a direct impact parish or 
                            county.
Sec. 208. Disaster relief fund.
                        Subtitle B--TANF Relief

Sec. 211. Reimbursement of States for TANF benefits provided to assist 
                            families of States affected by Hurricane 
                            Katrina.
Sec. 212. Increase in amount of additional TANF funds available for 
                            hurricane-damaged States.
Sec. 213. Rules for receipt of Hurricane Katrina emergency TANF 
                            benefits and application to child support 
                            requirements.
                  Subtitle C--Miscellaneous Provisions

Sec. 221. Disclosure based on valid authorization.
Sec. 222. Emergency procurement authority in support of Hurricane 
                            Katrina rescue and relief efforts.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. UPDATE FOR PHYSICIANS' SERVICES FOR 2006.

    (a) Update for 2006.--Section 1848(d) of the Social Security Act 
(42 U.S.C. 1395w-4(d)) is amended--
            (1) in paragraph (4)(B), in the matter preceding clause 
        (i), by striking ``paragraph (5)'' and inserting ``paragraphs 
        (5) and (6)''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Update for 2006.--The update to the single conversion 
        factor established in paragraph (1)(C) for 2006 shall be 0 
        percent.''.
    (b) Not Treated as Change in Law and Regulation in Sustainable 
Growth Rate Determination.--The amendments made by subsection (a) shall 
not be treated as a change in law for purposes of applying section 
1848(f)(2)(D) of the Social Security Act (42 U.S.C. 1395w-4(f)(2)(D)).
    (c) MedPAC Report.--
            (1) In general.--By not later than March 1, 2007, the 
        Medicare Payment Advisory Commission shall submit a report to 
        Congress on mechanisms that could be used to replace the 
        sustainable growth rate system under section 1848(f) of the 
        Social Security Act (42 U.S.C. 1395w-4(f)).
            (2) Requirements.--The report required under paragraph (1) 
        shall--
                    (A) identify and examine alternative methods for 
                assessing volume growth;
                    (B) review options to control the volume of 
                physicians' services under the Medicare program while 
                maintaining access to such services by Medicare 
                beneficiaries;
                    (C) examine the application of volume controls 
                under the Medicare physician fee schedule under section 
                1848 of the Social Security Act (42 U.S.C. 1395w-4);
                    (D) identify levels of application of volume 
                controls, such as group practice, hospital medical 
                staff, type of service, geographic area, and outliers;
                    (E) examine the administrative feasibility of 
                implementing the options reviewed under subparagraph 
                (B), including the availability of data and time lags;
                    (F) examine the extent to which the alternative 
                methods identified and examined under subparagraph (A) 
                should be specified in such section 1848; and
                    (G) identify the appropriate level of discretion 
                for the Secretary of Health and Human Services to 
                change payment rates under the Medicare physician fee 
                schedule or otherwise take steps that affect physician 
                behavior.
        Such report shall include such recommendations on alternative 
        mechanisms to replace the sustainable growth rate system as the 
        Medicare Payment Advisory Commission determines appropriate.
            (3) Funding.--Out of any funds in the Treasury not 
        otherwise appropriated, there are appropriated to the Medicare 
        Payment Advisory Commission $550,000, to carry out this 
        subsection.
    (d) Premium Transition Rule.--
            (1) 2006.--
                    (A) Premium.--Nothing in this subsection shall be 
                construed as modifying the premium previously computed 
                under section 1839 of the Social Security Act (42 
                U.S.C. 1395r) for months in 2006.
                    (B) Government contribution.--In computing the 
                amount of the Government contribution under section 
                1844(a) of the Social Security Act (42 U.S.C. 1395w(a)) 
                for months in 2006, the Secretary of Health and Human 
                Services shall compute and apply a new actuarially 
                adequate rate per enrollee age 65 and over under 
                section 1839(a)(1) of such Act (42 U.S.C. 1395r(a)(1)) 
                taking into account the provisions of this section.
            (2) 2007.--
                    (A) Premium.--The monthly premium under section 
                1839 of the Social Security Act (42 U.S.C. 1395r) for 
                months in 2007 shall be computed as if this section had 
                not been enacted.
                    (B) Government contribution.--The Government 
                contribution under section 1844(a) of the Social 
                Security Act (42 U.S.C. 1395w(a)) for months in 2007 
                shall be computed taking into account the provisions of 
                this section, including subparagraph (A).

SEC. 102. DEVELOPMENT OF A STRATEGIC PLAN REGARDING PHYSICIAN 
              INVESTMENT IN SPECIALTY HOSPITALS.

    (a) Development.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') shall 
        develop a strategic and implementing plan to address issues 
        described in paragraph (2) regarding physician investment in 
        specialty hospitals (as defined in section 1877(h)(7)(A) of the 
        Social Security Act (42 U.S.C. 1395nn(h)(7)(A)).
            (2) Issues described.--The issues described in this 
        paragraph are the following:
                    (A) Proportionality of investment return.
                    (B) Bona fide investment.
                    (C) Annual disclosure of investment information.
                    (D) The provision by specialty hospitals of--
                            (i) care to patients who are eligible for 
                        medical assistance under a State plan approved 
                        under title XIX of the Social Security Act, 
                        including patients not so eligible but who are 
                        regarded as such because they receive benefits 
                        under a demonstration project approved under 
                        title XI of such Act; and
                            (ii) charity care.
                    (E) Appropriate enforcement.
    (b) Reports.--
            (1) Interim report.--Not later than 3 months after the date 
        of the enactment of this Act, the Secretary shall submit an 
        interim report to the appropriate committees of jurisdiction of 
        Congress on the status of the development of the plan under 
        subsection (a).
            (2) Final report.--Not later six months after the date of 
        the enactment of this Act, the Secretary shall submit a final 
        report to the appropriate committees of jurisdiction of 
        Congress on the plan developed under subsection (a) together 
        with recommendations for such legislation and administrative 
        actions as the Secretary considers appropriate.
    (c) Continuation of Suspension on Enrollment.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall continue the suspension on enrollment of new specialty 
        hospitals (as so defined) under title XVIII of the Social 
        Security Act until the earlier of--
                    (A) the date that the Secretary submits the final 
                report under subsection (b)(2); or
                    (B) the date that is six months after the date of 
                the enactment of this Act.
            (2) Extension of suspension.--If the Secretary fails to 
        submit the final report described in subsection (b)(2) by the 
        date required under such subsection, the Secretary shall--
                    (A) extend the suspension on enrollment under 
                paragraph (1) for an additional two months; and
                    (B) provide a certification to the appropriate 
                committees of jurisdiction of Congress of such failure.
    (d) Waiver.--In developing the plan and report required under this 
section, the Secretary may waive such requirements of section 553 of 
title 5, United States Code, as the Secretary determines necessary.
    (e) Funding.--Out of any funds in the Treasury not otherwise 
appropriated, there are appropriated to the Secretary for fiscal year 
2006, $2,000,000 to carry out this section.

SEC. 103. THREE-YEAR TRANSITION OF HOLD HARMLESS PAYMENTS FOR SMALL 
              RURAL HOSPITALS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR 
              HOSPITAL OUTPATIENT DEPARTMENT SERVICES.

    Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 
1395l(t)(7)(D)(i)) is amended--
            (1) by inserting ``(I)'' before ``In the case''; and
            (2) by adding at the end the following new subclause:
                            ``(II) In the case of a hospital located in 
                        a rural area and that has not more than 100 
                        beds and that is not a sole community hospital 
                        (as defined in section 1886(d)(5)(D)(iii)), for 
                        covered OPD services furnished on or after 
                        January 1, 2006, and before January 1, 2009, 
                        for which the PPS amount is less than the pre-
                        BBA amount, the amount of payment under this 
                        subsection shall be increased by the applicable 
                        percentage of the amount of such difference. 
                        For purposes of the previous sentence, with 
                        respect to covered OPD services furnished 
                        during 2006, 2007, or 2008, the applicable 
                        percentage shall be 95 percent, 90 percent, and 
                        85 percent, respectively.''.

SEC. 104. UPDATE TO THE COMPOSITE RATE COMPONENT OF THE BASIC CASE-MIX 
              ADJUSTED PROSPECTIVE PAYMENT SYSTEM FOR DIALYSIS 
              SERVICES.

    Section 1881(b)(12) of the Social Security Act (42 U.S.C. 
1395rr(b)(12)) is amended--
            (1) in subparagraph (F), in the flush matter at the end, by 
        striking ``Nothing'' and inserting ``Except as provided in 
        subparagraph (G), nothing'';
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following new 
        subparagraph:
    ``(G) The Secretary shall increase the amount of the composite rate 
component of the basic case-mix adjusted system under subparagraph (B) 
for dialysis services furnished on or after January 1, 2006, by 1.6 
percent above the amount of such composite rate component for such 
services furnished on December 31, 2005.''.

SEC. 105. ONE-YEAR EXTENSION OF MORATORIUM ON THERAPY CAPS.

    Section 1833(g)(4) of the Social Security Act (42 U.S.C. 
1395l(g)(4)) is amended by striking ``and 2005'' and inserting ``2005, 
and 2006''.

SEC. 106. APPLYING RURAL HOME HEALTH ADD-ON POLICY IN 2006.

    Section 421(a) of Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2283) is 
amended by inserting ``and episodes and visits beginning on or after 
January 1, 2006, and before January 1, 2007,'' after ``April 1, 
2005,''.

SEC. 107. STATE HIGH RISK HEALTH INSURANCE POOL FUNDING.

    (a) In General.--There are hereby authorized and appropriated for 
fiscal year 2006--
            (1) $75,000,000 for grants under subsection (b)(1) of 
        section 2745 of the Public Health Service Act (42 U.S.C. 300gg-
        45); and
            (2) $15,000,000 for grants under subsection (a) of such 
        section.
    (b) Treatment.--The amount appropriated under--
            (1) paragraph (1) shall be treated as if it had been 
        appropriated under subsection (c)(2) of such section; and
            (2) paragraph (2) shall be treated as if it had been 
        appropriated under subsection (c)(1) of such section.
    (c) References.--Effective upon the enactment of the State High 
Risk Pool Funding Extension Act of 2005--
            (1) subsection (a)(1) of this section is amended by 
        striking ``subsection ``(b)(1)'' and inserting ``subsections 
        (b)(2) and (c)(3)'';
            (2) subsection (b)(1) of this section is amended by 
        striking ``(c)(2)'' and inserting ``(d)(1)(B)''; and
            (3) in subsection (b)(2) of this section, by striking 
        ``(c)(1)'' and inserting ``(d)(1)(A)''.

SEC. 108. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 
              BLOCK GRANT PROGRAM THROUGH DECEMBER 31, 2006.

    (a) In General.--Effective as if enacted on December 31, 2005, 
activities authorized by part A of title IV and section 1108(b) of the 
Social Security Act (adjusted, as applicable, by or under the TANF 
Emergency Response and Recovery Act of 2005) shall continue through 
December 31, 2006, in the manner authorized for fiscal year 2005, and 
out of any money in the Treasury of the United States not otherwise 
appropriated, there are hereby appropriated such sums as may be 
necessary for such purpose. Grants and payments may be made pursuant to 
this authority on a quarterly basis through the first quarter of fiscal 
year 2007 at the level provided for such activities for each 
corresponding quarter of fiscal year 2005 (or, as applicable, at such 
greater level as may result from the application of the TANF Emergency 
Response and Recovery Act of 2005).
    (b) Conforming Amendments.--Part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.) is amended--
            (1) in section 403(a)(3)(H)(ii), by striking ``2005'' and 
        inserting ``2006'';
            (2) in section 403(b)(3)(C)(ii), by striking ``2006'' and 
        inserting ``2007''; and
            (3) in section 409(a)(7)--
                    (A) in subparagraph (A), by striking ``or 2007'' 
                and inserting ``2007, or 2008''; and
                    (B) in subparagraph (B)(ii), by striking ``2006'' 
                and inserting ``2007''.

SEC. 109. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD 
              WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH 
              DECEMBER 31, 2006.

    Effective as if enacted on December 31, 2005, activities authorized 
by sections 429A and 1130(a) of the Social Security Act shall continue 
through December 31, 2006, in the manner authorized for fiscal year 
2005, and out of any money in the Treasury of the United States not 
otherwise appropriated, there are hereby appropriated such sums as may 
be necessary for such purpose. Grants and payments may be made pursuant 
to this authority on a quarterly basis through the first quarter of 
fiscal year 2007 at the level provided for such activities for each 
corresponding quarter of fiscal year 2005.

SEC. 110. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND 
              ABSTINENCE EDUCATION PROGRAM.

    Effective as if enacted on December 31, 2005, activities authorized 
by sections 510 and 1925 of the Social Security Act shall continue 
through December 31, 2006, in the manner authorized for fiscal year 
2005, notwithstanding section 1902(e)(1)(A) of such Act, and out of any 
money in the Treasury of the United States not otherwise appropriated, 
there are hereby appropriated such sums as may be necessary for such 
purpose. Grants and payments may be made pursuant to this authority on 
a quarterly basis through the first quarter of fiscal year 2007 at the 
level provided for such activities for each corresponding quarter of 
fiscal year 2005.

SEC. 111. IMPLEMENTATION FUNDING.

    For purposes of implementing the provisions of, and amendments made 
by, this Act--
            (1) the Secretary of Health and Human Services shall 
        provide for the transfer, in appropriate part from the Federal 
        Hospital Insurance Trust Fund established under section 1817 of 
        the Social Security Act (42 U.S.C. 1395i) and the Federal 
        Supplementary Medical Insurance Trust Fund established under 
        section 1841 of such Act (42 U.S.C. 1395t), of $30,000,000 to 
        the Centers for Medicare & Medicaid Services Program Management 
        Account for fiscal year 2006; and
            (2) out of any funds in the Treasury not otherwise 
        appropriated, there are appropriated to such Secretary for the 
        Centers for Medicare & Medicaid Services Program Management 
        Account, $30,000,000 for fiscal year 2006.

   TITLE II--EMERGENCY HEALTH CARE AND OTHER RELIEF FOR SURVIVORS OF 
                           HURRICANE KATRINA

                Subtitle A--Emergency Health Care Relief

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) Direct impact parish or county.--
                    (A) In general.--The term ``direct impact parish or 
                county'' means a parish in the State of Louisiana, or a 
                county in the State of Mississippi or Alabama, for 
                which a major disaster has been declared in accordance 
                with section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170) as 
                a result of Hurricane Katrina and which the President 
                has determined, before September 14, 2005, warrants 
                individual and public assistance from the Federal 
                Government under such Act.
                    (B) Exclusion.--Such term does not include a parish 
                in the State of Louisiana or a county in the State of 
                Mississippi or Alabama which the President has 
                determined warrants only public assistance from the 
                Federal Government under such Act as a result of 
                Hurricane Katrina.
                    (C) Authority to rely on web site posted 
                designations.--The Secretary of Health and Human 
                Services shall post on the Internet Web site for the 
                Centers for Medicare & Medicaid Services a list of 
                parishes and counties identified as direct impact 
                parishes or counties in accordance with this paragraph. 
                Any such parish or county that is posted on such Web 
                site as a direct impact parish or county shall be 
                treated for purposes of subparagraph (A) as described 
                in such subparagraph.
            (2) DRM assistance.--The term ``DRM assistance'' means the 
        short-term, non-cash, temporary, in-kind, emergency disaster 
        relief health program established under section 202 to assist 
        Katrina Survivors in accordance with that section.
            (3) DRM coverage period.--
                    (A) In general.--The term ``DRM coverage period'' 
                means the period beginning on August 28, 2005, and, 
                subject to subparagraph (B), ending on the date that is 
                5 months after the date of enactment of this Act.
                    (B) Authority to extend drm coverage period.--
                            (i) In general.--The Secretary may extend 
                        the DRM coverage period for an additional 5 
                        months. Any reference to the term ``DRM 
                        coverage period'' in this subtitle shall 
                        include any extension under this clause.
                            (ii) Notice to congress and states.--The 
                        Secretary 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, 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, and the States at 
                        least 45 days prior to--
                                    (I) extending the DRM coverage 
                                period; or
                                    (II) if the Secretary determines 
                                not to extend such period, the ending 
                                date described in subparagraph (A).
            (4) Katrina survivor.--
                    (A) In general.--The term ``Katrina Survivor'' 
                means an individual who is described in subparagraph 
                (B) or (C).
                    (B) Residents and evacuees of direct impact 
                parishes and counties.--An individual who, on any day 
                during the week preceding August 28, 2005, had a 
                primary residence in a direct impact parish or county.
                    (C) Individuals who lost employment.--An individual 
                whose--
                            (i) worksite, on any day during the week 
                        preceding August 28, 2005, was located in a 
                        direct impact parish or county; and
                            (ii) employment with an employer which 
                        conducted an active trade or business on August 
                        28, 2005, in a direct impact parish or county 
                        and with respect to whom such trade or business 
                        is inoperable on any day after August 28, 2005, 
                        and before January 1, 2006, as a result of 
                        damage sustained in connection with Hurricane 
                        Katrina, is terminated.
                    (D) Treatment of current medicaid beneficiaries.--
                Nothing in this subtitle 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 subtitle.
                    (E) Treatment of homeless persons.--For purposes of 
                this subtitle, in the case of an individual who was 
                homeless on any day during the week described in 
                subparagraph (B), 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.
            (5) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 2110(c)(5) of the Social 
        Security Act (42 U.S.C. 1397jj(c)(5)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (7) State.--The term ``State'' has the meaning given that 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C 1396 et seq.).
            (8) State medicaid plan.--The term ``State Medicaid plan'' 
        means a State plan for medical assistance under title XIX of 
        the Social Security Act (42 U.S.C. 1396 et seq.), including any 
        medical assistance provided under a waiver of such plan.

SEC. 202. DISASTER RELIEF MEDICAID.

    (a) Authority To Provide Disaster Relief Medicaid.--
            (1) In general.--Notwithstanding any provision of title XIX 
        of the Social Security Act, a State shall, as a condition of 
        participation in the Medicaid program established under title 
        XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
        provide medical assistance to DRM-eligible Katrina Survivors 
        (as defined in subsection (b)) under a State Medicaid plan 
        during the DRM coverage period in accordance with the following 
        provisions of this section.
            (2) Authority to provide drm assistance as separate 
        component of regular state medicaid plan or under such plan.--
                    (A) In general.--A State may provide DRM assistance 
                without submitting an amendment to the State Medicaid 
                plan and as a separate component of the State Medicaid 
                plan or, subject to subparagraph (B), under such plan.
                    (B) Conditions for provision of drm assistance 
                under regular state medicaid plan.--A State may only 
                provide DRM assistance under the State Medicaid plan if 
                the State provides such assistance in accordance with 
                the requirements of this section and the State is able 
                to separately identify and report expenditures or other 
                information attributable to the provision of such 
                assistance.
    (b) DRM-Eligible Katrina Survivor Defined.--
            (1) In general.--In this section, the term ``DRM-eligible 
        Katrina Survivor'' means a Katrina Survivor whose family income 
        does not exceed the higher of--
                    (A) 100 percent (200 percent, in the case of such a 
                Survivor who is a pregnant woman or child) of the 
                poverty line; or
                    (B) the income eligibility standard which would 
                apply to the Survivor under the State Medicaid plan.
            (2) Special rule for katrina survivors who are recipients 
        of disability insurance benefits.--In the case of a Katrina 
        Survivor who is a recipient of disability insurance benefits 
        under section 202 or 223 of the Social Security Act (42 U.S.C. 
        402, 423), paragraph (1) shall be applied to such Survivor by 
        substituting ``300 percent of the supplemental security income 
        benefit rate established by section 1611(b)(1) of the Social 
        Security Act (42 U.S.C. 1382(b)(1))'' for subparagraph (A) of 
        such paragraph.
            (3) No resources, residency, or categorical eligibility 
        requirements.--Eligibility under paragraph (1) shall be 
        determined without application of any resources test, State 
        residency, or categorical eligibility requirements.
            (4) Income determination.--
                    (A) Least restrictive income methodologies; 
                prospective determination.--The State shall use the 
                least restrictive methodologies applied under the State 
                Medicaid plan under section 1902(r)(2) of the Social 
                Security Act (42 U.S.C. 1396a(r)(2)) in determining 
                income eligibility for Katrina Survivors under 
                paragraph (1) and shall determine family income for 
                such Survivors only prospectively from the date of 
                application.
                    (B) Disregard of ui compensation and disaster 
                relief assistance.--In determining such income 
                eligibility, the State shall disregard--
                            (i) any amount received under a law of the 
                        United States or of a State which is in the 
                        nature of unemployment compensation by a 
                        Katrina Survivor during the DRM coverage 
                        period, including unemployment assistance 
                        provided under section 410 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5177); and
                            (ii) any assistance provided (in cash or in 
                        kind) to a Katrina Survivor from any public or 
                        private entity as a result of Hurricane 
                        Katrina.
            (5) Definition of child.--For purposes of paragraph (1), a 
        DRM-eligible Katrina Survivor shall be determined to be a 
        ``child'' if such Survivor meets the definition of ``child'' 
        under the State Medicaid plan.
            (6) Certain individuals deemed to be drm-eligible katrina 
        survivors.--
                    (A) In general.--Upon submission of an application 
                from an individual attesting that the individual is an 
                individual described in any of the categories described 
                in subparagraph (B), or, if an individual is an 
                individual described in subparagraph (C), the State 
                shall deem the individual to be a DRM-eligible Katrina 
                Survivor for purposes of eligibility for DRM assistance 
                during the DRM coverage period.
                    (B) Categories described.--For purposes of 
                subparagraph (A), the categories described in this 
                subparagraph are the following:
                            (i) Katrina survivors enrolled in a state 
                        medicaid plan as of the beginning of the drm 
                        coverage period.--Any Katrina Survivor who can 
                        provide proof of enrollment in a State Medicaid 
                        plan as of August 28, 2005.
                            (ii) Katrina survivors who are recipients 
                        of unemployment compensation.--Any Katrina 
                        Survivor who, during the DRM coverage period, 
                        is a recipient of an amount paid under a law of 
                        the United States or of a State which is in the 
                        nature of unemployment compensation, including 
                        unemployment assistance provided under section 
                        410 of the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 5177).
                            (iii) Katrina survivors enrolled in drm 
                        assistance in another state.--Any Katrina 
                        Survivor determined by another State to be a 
                        DRM-eligible Katrina Survivor who was enrolled 
                        in DRM assistance in that State and who 
                        relocates to the State during the DRM coverage 
                        period.
                    (C) Katrina survivors provided medical assistance 
                prior to date of enactment.--
                            (i) In general.--An individual described in 
                        this subparagraph is any Katrina Survivor who 
                        is provided medical assistance under a State 
                        Medicaid plan in accordance with guidance from 
                        the Secretary during the period that begins on 
                        August 28, 2005, and ends on the date of 
                        enactment of this Act.
                            (ii) Nonapplication to child health 
                        assistance.--In the case of an individual who 
                        is a Katrina Survivor who is provided child 
                        health assistance under a State child health 
                        plan in accordance with guidance from the 
                        Secretary during the period described in clause 
                        (i), such individual shall not be deemed to be 
                        a DRM-eligible Katrina Survivor for purposes of 
                        receiving DRM assistance under this section. 
                        Nothing in the preceding sentence shall be 
                        construed as prohibiting such an individual 
                        from submitting an application for DRM 
                        assistance.
    (c) Eligibility Determination; No Continuation of DRM Assistance.--
            (1) Streamlined eligibility process.--The State shall use 
        the following streamlined procedures in processing applications 
        and determining eligibility for DRM assistance for DRM-eligible 
        Katrina Survivors and eligibility for the payment of private 
        health insurance premiums under section 107(b)(2)(A):
                    (A) One-page application.--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--
                            (i) require an applicant to provide an 
                        expected address for the duration of the DRM 
                        coverage period and to agree to update that 
                        information if it changes during such period;
                            (ii) include notice regarding the penalties 
                        for making a fraudulent application under 
                        subsection (h);
                            (iii) require the applicant to assign to 
                        the State any rights of the applicant (or any 
                        other person who is a DRM-eligible 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;
                            (iv) require the applicant to--
                                    (I) list any health insurance 
                                coverage which the applicant was 
                                enrolled in immediately prior to 
                                submitting such application; and
                                    (II) indicate whether the applicant 
                                would rather receive DRM assistance 
                                from a State in accordance with this 
                                section or, if private health insurance 
                                is available, assistance in paying the 
                                premiums for such health insurance 
                                under section 208(b)(2)(A); and
                            (v) be translated by the Secretary into 
                        languages other than English, and in cultural 
                        contexts, that are most appropriate for the 
                        applicants expected to submit such forms.
                    (B) Self-attestation.--Self-attestation by the 
                applicant that the applicant--
                            (i) is a DRM-eligible Katrina Survivor; and
                            (ii) if applicable, requires home and 
                        community-based services provided under such 
                        DRM assistance in accordance with subsection 
                        (d)(3).
                    (C) No documentation.--The State shall not require 
                documentation evidencing the basis on which the 
                applicant qualifies to be a DRM-eligible Katrina 
                Survivor or, if applicable, requires home and 
                community-based services.
                    (D) Issuance of eligibility card.--
                            (i) In general.--Subject to clause (iii), 
                        the State shall, immediately upon submission of 
                        a complete application (including the self-
                        attestation required under subparagraph (B)) by 
                        an applicant, issue a DRM assistance 
                        eligibility card to the applicant.
                            (ii) Validity; notice of termination 
                        date.--A DRM assistance eligibility card shall 
                        be valid as long as the DRM coverage period is 
                        in effect and shall be accompanied by notice of 
                        the termination date for the DRM coverage 
                        period and, if applicable, notice that such 
                        termination date may be extended. If the 
                        Secretary extends the DRM coverage period, the 
                        State shall notify DRM-eligible Katrina 
                        Survivors enrolled in DRM assistance of the new 
                        termination date for the DRM coverage period.
                            (iii) Application to states that elect to 
                        provide drm assistance under the regular state 
                        medicaid plan.--In the case of a State that 
                        elects under subsection (a)(2) to provide DRM 
                        assistance under the State Medicaid plan, the 
                        State may issue to an applicant who submits a 
                        complete application an eligibility card that 
                        is similar to the cards issued by the State to 
                        enrollees in the State medicaid plan, but only 
                        if the State is able to adapt the card in a 
                        manner which clearly identifies that the 
                        applicant is eligible for DRM assistance and 
                        provides notice of the termination date for the 
                        DRM coverage period (and the new termination 
                        date applicable if the Secretary extends such 
                        coverage period).
                    (E) Application for medical assistance under 
                regular state medicaid plan.--Concurrent with the 
                issuance of an eligibility card under subparagraph (D), 
                the State shall provide the applicant with an 
                application for medical assistance under the State 
                Medicaid plan.
                    (F) Presumptive eligibility.--
                            (i) States that provide for presumptive 
                        eligibility under the regular state medicaid 
                        plan.--In the case of a State that, as of the 
                        date of enactment of this Act, provides for a 
                        period of presumptive eligibility under the 
                        State Medicaid plan in accordance with section 
                        1920, 1920A, or 1920B of the Social Security 
                        Act (42 U.S.C. 1396r-1, 1396r-1a, 1396r-1b), 
                        the State shall deem an applicant to be a DRM-
                        eligible Katrina Survivor eligible for DRM 
                        assistance in accordance with this section, 
                        subject to subsection (g), if the applicant 
                        completes an application for such assistance, 
                        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 or facility that the applicant is 
                        a DRM-eligible Katrina Survivor based on the 
                        information in the application.
                            (ii) Application to states that do not 
                        provide presumptive eligibility under the 
                        regular state medicaid plan.--In the case of a 
                        State which does not provide for a period of 
                        presumptive eligibility under the State 
                        medicaid plan, the State may elect to provide 
                        for a period of presumptive eligibility for DRM 
                        assistance by designating qualified providers 
                        (as defined in section 1920(b)(2) of such Act 
                        (42 U.S.C. 1396r-1(b)(2)) as providers that are 
                        specifically designated by the State to make 
                        presumptive determinations in accordance with 
                        clause (i) with respect to eligibility for such 
                        assistance, but only if--
                                    (I) the State elects to provide for 
                                a period of presumptive eligibility for 
                                such assistance for all Katrina 
                                Survivors who may be DRM-eligible 
                                Katrina Survivors in accordance with 
                                subsection (b); and
                                    (II) the qualified providers 
                                designated by the State to make 
                                determinations of presumptive 
                                eligibility for such assistance, at a 
                                minimum, consistent of facilities 
                                identified in section 1902(a)(55) of 
                                the Social Security Act (42 U.S.C. 
                                1396a(a)(55)) that are qualified 
                                providers under section 1920(b)(2) of 
                                such Act.
                    (G) Continuous eligibility.--Continuous 
                eligibility, without the need for any redetermination 
                of eligibility, for the duration of the DRM coverage 
                period.
            (2) No continuation of drm assistance.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), no DRM assistance shall be 
                provided after the end of the DRM coverage period.
                    (B) Presumptive eligibility for medical assistance 
                under regular medicaid plan.--
                            (i) In general.--If a State, as of the date 
                        of enactment of this Act, provides for a period 
                        of presumptive eligibility for medical 
                        assistance under the State Medicaid plan in 
                        accordance with section 1920, 1920A, or 1920B 
                        of the Social Security Act (42 U.S.C. 1396r-1, 
                        1396r-1a, 1396r-1b), the State shall provide a 
                        DRM-eligible Katrina Survivor who is receiving 
                        DRM assistance from the State in accordance 
                        with this section and who, as of the end of the 
                        DRM coverage period, is an individual for whom 
                        a period of presumptive eligibility would be 
                        provided under the State Medicaid plan, with 
                        presumptive eligibility for medical assistance 
                        under the State Medicaid plan.
                            (ii) State option to provide presumptive 
                        eligibility.--If a State is a State to which 
                        clause (i) does not apply, the State may elect 
                        to provide for a period of presumptive 
                        eligibility for medical assistance under the 
                        State Medicaid plan for a DRM-eligible Katrina 
                        Survivor who is receiving DRM assistance from 
                        the State in accordance with this section and 
                        who, as of the end of the DRM coverage period, 
                        is an individual for whom a period of 
                        presumptive eligibility would be provided under 
                        the State Medicaid plan in accordance with 
                        section 1920, 1920A, or 1920B of such Act, if 
                        the State were to provide such a period of 
                        presumptive eligibility under the State 
                        Medicaid plan.
                            (iii) State option for all states to 
                        provide presumptive eligibility to other 
                        populations of drm-eligible katrina 
                        survivors.--In addition to the populations of 
                        DRM-eligible Katrina Survivors described in 
                        clauses (i) and (ii), a State to which clause 
                        (i) or (ii) applies, may elect to provide for a 
                        period of presumptive eligibility for medical 
                        assistance under the State Medicaid plan for 
                        other DRM-eligible Katrina Survivors who are 
                        receiving DRM assistance from the State in 
                        accordance with this section as of the end of 
                        the DRM coverage period.
                            (iv) Length of period.--A presumptive 
                        eligibility period provided in accordance with 
                        clause (i), (ii), or (iii) shall be provided 
                        until the earlier of--
                                    (I) the date on which a 
                                determination with respect to the 
                                Survivor's application for medical 
                                assistance under the State Medicaid 
                                plan is made; or
                                    (II) the end of the 60-day period 
                                that begins on the first day after the 
                                end of the DRM coverage period.
                    (C) Pregnant women.--In the case of a DRM-eligible 
                Katrina Survivor who is receiving DRM assistance from a 
                State in accordance with this section and whose 
                pregnancy ended during the 60-day period prior to the 
                end of the DRM coverage period, or who is pregnant as 
                of the end of such period, such Survivor shall continue 
                to be eligible for DRM assistance after the end of the 
                DRM coverage period, including (but not limited to) for 
                all pregnancy-related and postpartum medical assistance 
                available under the State Medicaid plan, through the 
                end of the month in which the 60-day period (beginning 
                on the last day of her pregnancy) ends.
    (d) Scope of Coverage.--
            (1) Categorically needy benefits.--The State shall treat a 
        DRM-eligible Katrina Survivor as an individual 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 items and services 
        furnished on or after August 28, 2005 (or in the case of 
        applications for DRM assistance submitted after January 1, 
        2006, the first day of the 5th month preceding the date on 
        which such application is submitted).
            (2) Extended mental health and care coordination 
        benefits.--The State may provide, without regard to any 
        restrictions on amount, duration, and scope, comparability, or 
        restrictions otherwise applicable under the State Medicaid plan 
        (other than restrictions applicable under such plan with 
        respect to services provided in an institution for mental 
        diseases), to DRM-eligible Katrina Survivors extended mental 
        health and care coordination benefits which may include the 
        following:
                    (A) Screening, assessment, and diagnostic services 
                (including specialized assessments for individuals with 
                cognitive impairments).
                    (B) Coverage for a full range of mental health 
                medications at the dosages and frequencies prescribed 
                by health professionals for depression, post-traumatic 
                stress disorder, and other mental disorders.
                    (C) Treatment of alcohol and substance abuse.
                    (D) Psychotherapy, rehabilitation, and other 
                treatments administered by psychiatrists, 
                psychologists, or social workers.
                    (E) Subject to restrictions applicable under the 
                State Medicaid plan with respect to services provided 
                in an institution for mental diseases, in-patient 
                mental health care.
                    (F) Family counseling.
                    (G) In connection with the provision of health and 
                long-term care services, arranging for, (and when 
                necessary, enrollment in waiver programs or other 
                specialized programs), and coordination related to, 
                primary and specialty medical care, which may include 
                personal care services, durable medical equipment and 
                supplies, assistive technology, and transportation.
            (3) Home and community-based services.--
                    (A) In general.--In the case of a State with a 
                waiver to provide home and community-based services 
                granted under section 1115 of the Social Security Act 
                or under subsection (c) or (d) of section 1915 of such 
                Act, the State may provide such services to DRM-
                eligible Katrina Survivors who self-attest in 
                accordance with subsection (c)(1)(B)(ii) that they 
                require immediate home and community-based services 
                that are available under such waiver without regard to 
                whether the Survivors would require the level of care 
                provided in a hospital, nursing facility, or 
                intermediate care facility for the mentally retarded. 
                Such DRM-eligible Katrina Survivors include (but are 
                not limited to) individuals described in subparagraph 
                (B).
                    (B) Individuals described.--Individuals described 
                in this subparagraph are individuals who--
                            (i) on any day during the week preceding 
                        August 28, 2005--
                                    (I) had been receiving home and 
                                community-based services under a waiver 
                                described in subparagraph (A) in a 
                                direct impact parish or county;
                                    (II) had been receiving support 
                                services from a primary family 
                                caregiver who, as a result of Hurricane 
                                Katrina, is no longer available to 
                                provide services; or
                                    (III) had been receiving personal 
                                care, home health, or rehabilitative 
                                services under the State Medicaid plan 
                                or under a waiver granted under section 
                                1915 or 1115 of the Social Security 
                                Act; or
                            (ii) are disabled (as determined under the 
                        State Medicaid plan).
                    (C) Waiver of restrictions.--The Secretary shall 
                waive with respect to the provision of home and 
                community-based services under this paragraph any 
                limitations on--
                            (i) the number of individuals who shall 
                        receive home or community-based services under 
                        a waiver described in subparagraph (A);
                            (ii) budget neutrality requirements 
                        applicable to such waiver; and
                            (iii) targeted populations eligible for 
                        services under such waiver.
                The Secretary may waive other restrictions applicable 
                under such a waiver, that would prevent a State from 
                providing home and community-based services in 
                accordance with this paragraph.
            (4) Children born to pregnant women.--In the case of a 
        child born to a DRM-eligible Katrina Survivor who is provided 
        DRM assistance during the DRM coverage period, such child shall 
        be treated as having been born to a pregnant woman eligible for 
        medical assistance under the State Medicaid plan and shall be 
        eligible for medical assistance under such plan in accordance 
        with section 1902(e)(4) of the Social Security Act (42 U.S.C. 
        1396a(e)(4)). The Federal medical assistance percentage 
        applicable to the State Medicaid plan shall apply to medical 
        assistance provided to a child under such plan in accordance 
        with the preceding sentence.
    (e) Termination of Coverage; Assistance With Applying for Regular 
Medicaid Coverage.--
            (1) Notice of expected termination of drm coverage 
        period.--A State shall provide DRM-eligible Katrina Survivors 
        who are receiving DRM assistance from the State in accordance 
        with this section, as of the beginning of the 4th month (and, 
        if applicable, 9th month) of the DRM coverage period with--
                    (A) notice of the expected termination date for DRM 
                assistance for such period and, if applicable, any 
                extension of the DRM coverage period and the expected 
                termination date for the extension of such period;
                    (B) information regarding eligibility for medical 
                assistance under the State's eligibility rules 
                otherwise applicable under the State Medicaid plan; and
                    (C) an application for such assistance and 
                information regarding where to obtain assistance with 
                completing such application in accordance with 
                paragraph (2).
            (2) Application assistance.--A State shall provide DRM-
        eligible Katrina Survivors who are receiving DRM assistance 
        from the State in accordance with this section with assistance 
        in applying for medical assistance under the State Medicaid 
        plan for periods beginning after the end of the DRM coverage 
        period, at State Medicaid offices and at locations easily 
        accessible to such Survivors.
            (3) State reports.--A State providing DRM assistance in 
        accordance with this section shall submit to the Secretary the 
        following reports:
                    (A) Termination and transition assistance to 
                regular medicaid coverage for drm-eligible katrina 
                survivors eligible for such assistance.--Not later than 
                the last day of the 3rd month of the DRM coverage 
                period, a report detailing how the State intends to 
                satisfy the requirements of paragraphs (1) and (2).
                    (B) Enrollment.--Not later than 3 months after the 
                end of the DRM coverage period, a report regarding--
                            (i) the number of Katrina Survivors who are 
                        determined to be DRM-eligible Katrina 
                        Survivors; and
                            (ii) the number of DRM-eligible Katrina 
                        Survivors who are determined to be eligible 
                        for, and enrolled in, the State Medicaid plan.
            (4) Secretarial oversight.--The Secretary of Health and 
        Human Services shall ensure that a State is complying with the 
        requirements of paragraphs (1) and (2) and that applications 
        for medical assistance under the State Medicaid plan from DRM-
        eligible Katrina Survivors for periods beginning after the end 
        of the DRM coverage period are processed in a timely and 
        appropriate manner.
            (5) No private right of action against a state for failure 
        to provide notice.--No private right of action shall be brought 
        against a State for failure to provide the notices required 
        under paragraph (1) or subsection (c)(1) so long as the State 
        makes a good faith effort to provide such notices.
    (f) 100 Percent Federal Matching Payments.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b), the Federal medical 
        assistance percentage or the Federal matching rate otherwise 
        applied under section 1903(a) of such Act (42 U.S.C. 1396b(a)) 
        shall be 100 percent for--
                    (A) providing DRM assistance to DRM-eligible 
                Katrina Survivors during the DRM coverage period in 
                accordance with this section;
                    (B) costs directly attributable to administrative 
                activities related to the provision of such DRM 
                assistance, including costs attributable to obtaining 
                recoveries under subsection (h);
                    (C) costs directly attributable to providing 
                application assistance in accordance with subsection 
                (e)(2); and
                    (D) medical assistance provided in accordance with 
                subparagraph (B) of subsection (c)(2), and DRM 
                assistance provided in accordance with subparagraph (C) 
                of that subsection, after the end of the DRM coverage 
                period.
            (2) Inclusion of assistance provided to katrina survivors 
        prior to date of enactment.--Any assistance provided to a 
        Katrina Survivor under a State Medicaid plan in accordance with 
        guidance from the Secretary during the period that begins on 
        August 28, 2005, and ends on the date of enactment of this Act, 
        shall be treated as a DRM assistance provided to a DRM-eligible 
        Katrina Survivor during the DRM coverage period for purposes of 
        paragraph (1).
            (3) 100 percent federal matching payments for costs for 
        providing child health assistance prior to date of enactment; 
        restoration of allotments used to provide such assistance.--
        With respect to child health assistance for items and services 
        furnished during the period described in paragraph (2) to a 
        Katrina Survivor--
                    (A) notwithstanding section 2105(b) of the Social 
                Security Act (42 U.S.C. 1397ee(b)), the Federal 
                matching rate for providing such child health 
                assistance under a State child health plan and for 
                costs directly attributable to all administrative 
                activities that relate to the provision of such child 
                health assistance, shall be 100 percent;
                    (B) payments to a State for the provision of such 
                assistance shall not be considered to be payments from 
                an allotment for the State under section 2104 of such 
                Act (42 U.S.C 1397dd); and
                    (C) any payments that were made to a State for the 
                provision of such assistance prior to such date of 
                enactment, shall be disregarded for purposes of 
                determining the unexpended amount of any allotment 
                available for expenditure by the State under that 
                section.
            (4) Disregard of payments.--Payments provided to a State in 
        accordance with this subsection shall be disregarded for 
        purposes of applying subsections (f) and (g) of section 1108 of 
        the Social Security Act (42 U.S.C. 1308).
    (g) Verification of Status as a Katrina Survivor.--
            (1) In general.--The State shall make a good faith effort 
        to verify the status of an individual who is enrolled in the 
        State Medicaid plan as a DRM-eligible Katrina Survivor under 
        the provisions of this section. Such effort shall not delay the 
        determination of the eligibility of the Survivor for DRM 
        assistance under this section or the provision of such 
        assistance to the Survivor.
            (2) Evidence of verification.--A State may satisfy the 
        verification requirement under subparagraph (A) with respect to 
        an individual by showing that the State providing DRM 
        assistance obtained information from the Federal Emergency 
        Management Agency, the Social Security Administration, the 
        Internal Revenue Service, or the State Medicaid Agency for the 
        State from which individual is from (if the individual was not 
        a resident of such State on any day during the week preceding 
        August 28, 2005).
    (h) Penalty for Fraudulent Applications.--
            (1) Individual liable for costs.--If a State, as the result 
        of verification activities conducted under subsection (g) or 
        otherwise, determines after a fair hearing that an individual 
        has knowingly made a false self-attestation described in 
        subsection (c)(1)(B), the State may, subject to paragraph (2), 
        seek recovery from the individual for the full amount of the 
        cost of DRM assistance provided to the individual under this 
        section.
            (2) Exception.--The Secretary shall exempt a State from 
        seeking recovery under paragraph (1) if the Secretary 
        determines that it would not be cost-effective for the State to 
        do so.
            (3) Reimbursement to the federal government.--Any amounts 
        recovered by a State in accordance with this subsection shall 
        be returned to the Federal government.
    (i) Exemption From Error Rate Penalties.--
            (1) In general.--All payments attributable to providing DRM 
        assistance in accordance with this section, including during a 
        period of presumptive eligibility for such assistance in 
        accordance with subsection (c)(1)(F), shall be disregarded for 
        purposes of section 1903(u) of the Social Security Act (42 
        U.S.C. 1396b(u)).
            (2) Application of error rate penalties for presumptive 
        eligibility periods for medical assistance after the end of the 
        drm coverage period.--The rules for application of such section 
        under the State Medicaid plan, as in effect on the date of 
        enactment of this Act, shall apply with respect to any period 
        of presumptive eligibility for medical assistance under such 
        plan provided by a State in accordance with subsection 
        (c)(2)(B).
    (j) Provider Payment Rates.--In the case of any DRM assistance 
provided in accordance with this section to a DRM-eligible Katrina 
Survivor that is covered under the State Medicaid plan (as applied 
without regard to this section) the State shall pay a provider of such 
assistance the same payment rate as the State would otherwise pay for 
the assistance if the assistance were provided under the State Medicaid 
plan (or, if no such payment rate applies under the State Medicaid 
plan, the usual and customary prevailing rate for the item or service 
for the community in which it is provided).
    (k) Application to Individuals Eligible for Medical Assistance.--
Nothing in this section shall be construed as affecting any rights 
accorded to an individual who is a recipient of medical assistance 
under a State Medicaid plan who is determined to be a DRM-eligible 
Katrina Survivor, but the provision of DRM assistance to such 
individual shall be limited to the provision of such assistance in 
accordance with this section.
    (l) No Entitlement To Regular Medical Assistance Solely On the 
Basis of Receipt of DRM Assistance or In the Absence of a New 
Application for Medical Assistance.--Notwithstanding paragraphs (3) and 
(8) of section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), 
and section 435.930(b) of title 42, Code of Federal Regulations, 
subject to subparagraphs (B) and (C) of subsection (c)(2), and 
subsection (d)(4), nothing in this section shall be construed as 
providing an individual who is a DRM-eligible Katrina Survivor who 
receives DRM assistance in accordance with this section, with an 
entitlement to receive medical assistance under the State Medicaid plan 
after the end of the DRM coverage period--
            (1) solely on the basis of the individual's receipt of such 
        DRM assistance; or
            (2) in the absence of a new application submitted by such 
        individual for medical assistance under such plan.
    (m) Limitation With Respect To Application To Medicare Prescription 
Drug Benefit.--In the case of an individual who is a DRM-eligible 
Katrina Survivor who receives DRM assistance from a State in accordance 
with this section, and who is eligible for part A of title XVIII of the 
Social Security Act (42 U.S.C. 1395c et seq.) or enrolled in part B of 
title XVIII of such Act (42 U.S.C. 1395j et seq.)--
            (1) the State payment required under section 1935(c) of 
        such Act (42 U.S.C. 1395u-5(c)) shall be determined without 
        regard to the provision of DRM assistance to such individual; 
        and
            (2) such individual shall not be treated as a subsidy 
        eligible individual for purposes of eligibility for the low-
        income subsidies provided under section 1860D-14 of such Act 
        (42 U.S.C. 1395w-114) with respect to the prescription drug 
        coverage provided under part D of title XVIII of such Act (42 
        U.S.C. 1395w-101 et seq.), or enrollment in such coverage, 
        solely on the basis of the provision of DRM assistance to such 
        individual.
    (n) No DRM Assistance if the Secretary is Making Payments on Behalf 
of the Individual for Private Health Insurance.--A DRM-eligible Katrina 
Survivor may not receive DRM assistance from a State in accordance with 
this section during any period in which the Secretary is making a 
payment for a health insurance premium on behalf of such Survivor under 
section 208(b)(2)(A) with respect to that period.

SEC. 203. TARGETED MEDICAID RELIEF FOR MAJOR DISASTER PARISHES AND 
              COUNTIES IN LOUISIANA, MISSISSIPPI, AND ALABAMA.

    (a) 100 Percent Federal Matching Payments for Medical Assistance 
Provided in Major Disaster Parish or County.--
            (1) In general.--Notwithstanding section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)), for items and 
        services furnished during the period that begins on August 28, 
        2005, and ends on December 31, 2006, the Federal medical 
        assistance percentage for providing medical assistance for such 
        items and services under a State Medicaid plan to any 
        individual, including a Katrina Survivor, residing in a major 
        disaster parish or county (as defined in subsection (c)), and 
        for costs directly attributable to all administrative 
        activities that relate to the provision of such medical 
        assistance, shall be 100 percent.
            (2) Application to child health assistance.--
        Notwithstanding section 2105(b) of the Social Security Act (42 
        U.S.C. 1397ee(b)), for items and services furnished during the 
        period described in subsection (a), the Federal matching rate 
        for providing child health assistance for such items and 
        services under a State child health plan in a major disaster 
        parish or county, and for costs directly attributable to all 
        administrative activities that relate to the provision of such 
        child health assistance, shall be 100 percent.
    (b) Moratorium on Redeterminations.--During the DRM coverage 
period, the States of Louisiana, Mississippi, and Alabama shall not be 
required to conduct eligibility redeterminations under the State's 
Medicaid plan.
    (c) Major Disaster Parish or County Defined.--For purposes of 
subsection (a), a major disaster parish or county is a parish of the 
State of Louisiana or a county of the State of Mississippi or Alabama 
for which a major disaster has been declared in accordance with section 
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170) as a result of Hurricane Katrina and which the 
President has determined, as of September 14, 2005, warrants individual 
or public assistance from the Federal Government under such Act.

SEC. 204. AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL EMERGENCIES 
              WITH RESPECT TO EVACUEES FROM AN EMERGENCY AREA.

    (a) In General.--Section 1135(g)(1) of the Social Security Act (42 
U.S.C. 1320b-5(g)(1)) is amended by adding at the end the following:
        ``Any geographical area in which the Secretary determines there 
        are a significant number of evacuees from an area that is 
        considered to be an emergency area under the preceding sentence 
        shall be considered to be an `emergency area' for purposes of 
        this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if enacted on August 28, 2005.

SEC. 205. EMERGENCY ASSISTANCE FOR STATES WITH SIGNIFICANT NUMBERS OF 
              EVACUEES WITH RESPECT TO THE FEDERAL MEDICAL ASSISTANCE 
              PERCENTAGE FOR FISCAL YEAR 2006.

    (a) In General.--If the Federal medical assistance percentage (as 
defined in section 1905(b) of the Social Security Act (42 U.S.C. 
1396d(b))) determined for a State described in subsection (b) for 
fiscal year 2006 is less than the Federal medical assistance percentage 
determined for such 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 for purposes of titles XIX and XXI of 
the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.).
    (b) State Described.--For purposes of subsection (a), a State 
described in this subsection is a State that, as of September 30, 2005, 
is hosting at least 10,000 Katrina Survivors described in section 
201(4)(A), as determined on the basis of Federal Emergency Management 
Authority data.

SEC. 206. EMERGENCY ASSISTANCE TO MEDICARE BENEFICIARIES.

    In applying the first sentence of section 1839(b) of the Social 
Security Act (42 U.S.C. 1395r(b)) in the case of an individual who, on 
any day during the week preceding August 28, 2005, had a residence in a 
direct impact parish or county, there shall not be taken into account 
any month any part of which is within the DRM coverage period.

SEC. 207. RELIEF FOR HOSPITALS LOCATED IN A DIRECT IMPACT PARISH OR 
              COUNTY.

    (a) Increase in Medicare Payments to Hospitals for Bad Debt.--
During the DRM coverage period, section 1861(v)(1)(T)(iv) of the Social 
Security Act (42 U.S.C. 1395x(v)(1)(T)(iv)) shall be applied by 
substituting ``0 percent'' for ``30 percent'' with respect to--
            (1) a hospital located in a direct impact parish or county; 
        and
            (2) any other hospital, but only to the extent that the bad 
        debt is related to items and services furnished to an 
        individual who, on any day during the week preceding August 28, 
        2005, had a residence in a direct impact parish or county.
    (b) Waiver of Certain Medicare Quality Reporting Requirements for 
Hospitals.--During the DRM coverage period, section 1886(b)(3)(B)(vii) 
of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(vii)) shall not 
apply to a hospital that is located in a direct impact parish or 
county.

SEC. 208. DISASTER RELIEF FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Disaster Relief Fund (in this section referred to as 
the ``Fund'') which--
            (1) shall be administered by the Secretary; and
            (2) shall consist of amounts made available under 
        subsection (h).
    (b) Use of Amounts in Fund.--Amounts in the Fund shall be used by 
the Secretary for the following:
            (1) Payments to providers.--The Secretary shall make 
        payments directly to medicaid providers described in subsection 
        (e) to offset the costs incurred by such providers as a result 
        of Hurricane Katrina.
            (2) Payments for private health insurance coverage.--The 
        Secretary shall make payments to State insurance commissioners 
        for the purpose of making payments to health insurance 
        issuers--
                    (A) on behalf of individuals that would otherwise 
                qualify for DRM assistance from the State under section 
                202 but for subsection (n) of such section for such 
                individual's share of their health insurance premium; 
                and
                    (B) on behalf of qualified employers for the 
                employer share of their employee's health insurance 
                premiums, but only with respect to the days on which 
                the employer meets the definition under subsection (f).
    (c) Rules for Payments to Providers.--
            (1) Consultation.--In making payments to medicaid providers 
        under subsection (b)(1), the Secretary shall consult with the 
        Louisiana Department of Health and Hospitals, the Mississippi 
        Department of Health, and the Alabama Department of Public 
        Health in order to best identify the providers with the 
        greatest need of such payments.
            (2) Priority.--In making payments to medicaid providers 
        under subsection (b)(1), the Secretary shall give priority to 
        community-based hospitals, physician practices, and other 
        providers located in a direct impact parish or county where the 
        health care infrastructure was destroyed or nearly destroyed.
            (3) Description of need and how funding will be used.--In 
        order for a medicaid provider to be eligible for a payment 
        under subsection (b)(1), the provider shall provide the 
        Secretary with a description of the need for the funding and 
        how the funding will be used.
            (4) Timing for first payment.--The first payment to 
        medicaid providers under subsection (b)(1) shall be made by not 
        later than 10 days after the date of enactment of this Act.
    (d) Rules for Payments on Behalf of Individuals for Private Health 
Insurance.--
            (1) Streamlined Eligibility process.--In making payments on 
        behalf of individuals under subsection (b)(2)(A), the Secretary 
        shall use the streamlined eligibility process under section 
        202(c)(1).
            (2) No payments if the individual is receiving drm 
        assistance.--No payments may be made on behalf of an individual 
        under subsection (b)(2)(A) with respect to any period in which 
        the individual is receiving DRM assistance from a State under 
        section 202.
    (e) Medicaid Providers Described.--For purposes of subsection 
(b)(1), medicaid providers described in this subsection are--
            (1) any provider under such title, including a supplier of 
        medical assistance consisting of durable medical equipment (as 
        defined in section 1861(n) of such Act (42 U.S.C. 1395x(n)), 
        that, during a period after August 28, 2005, as determined by 
        the Secretary--
                    (A) experiences a significant increase, as 
                determined by the Secretary, in their patient caseload; 
                or
                    (B) experiences a significant drop, as determined 
                by the Secretary, in their patient caseload, including 
                a provider that is temporarily closed during such 
                period; and
            (2) any other provider under such title, including such a 
        supplier, determined appropriate by the Secretary.
    (f) Qualified Employer Defined.--For purposes of subsection 
(b)(2)(B), the term ``qualified employer'' means any employer--
            (1) which conducted an active trade or business on August 
        28, 2005, in a direct impact parish or county; and
            (2) with respect to which the trade or business described 
        in paragraph (1)--
                    (A) is inoperable on any day during the DRM 
                coverage period as a result of damage sustained in 
                connection with Hurricane Katrina; or
                    (B) is not paying salary or benefits to employees 
                on any day during the DRM coverage period as a result 
                of damage sustained in connection with Hurricane 
                Katrina.
    (g) Expediting Implementation.--The Secretary shall promulgate 
regulations to carry out this section which may be effective and final 
immediately on an interim basis as of the date of publication of the 
interim final regulation. If the Secretary provides for an interim 
final regulation, the Secretary shall provide for a period of public 
comments on such regulation after the date of publication. The 
Secretary may change or revise such regulation after completion of the 
period of public comment.
    (h) Appropriation.--Out of any money in the Treasury not otherwise 
appropriated, there is appropriated to the Fund $800,000,000 for fiscal 
year 2005, to remain available until expended.
    (i) Application of Appropriations Funding Provisions.--Amounts 
provided in this section for making payments to medicaid providers 
under subsection (b)(1) shall be governed by the terms of division F of 
the Consolidated Appropriations Act, 2005 (Public Law 108-447, 118 
Stat. 3112) (or succeeding appropriations measures for a fiscal year) 
that apply to funding for Grants to States for Medicaid under Title XIX 
of the Social Security Act.

                        Subtitle B--TANF Relief

SEC. 211. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST 
              FAMILIES OF STATES AFFECTED BY HURRICANE KATRINA.

    (a) In General.--Section 3 of the TANF Emergency Response and 
Recovery Act of 2005 is amended to read as follows:

``SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST 
              FAMILIES OF STATES AFFECTED BY HURRICANE KATRINA.

    ``(a) Eligibility for Payments From the Contingency Fund.--
            ``(1) Period of applicability.--Beginning with August 29, 
        2005, and ending with September 30, 2006, a State described in 
        paragraph (2) or (3) shall be considered a needy State for 
        purposes of section 403(b) of the Social Security Act (42 
        U.S.C. 603(b)).
            ``(2) Direct impact states.--A State described in this 
        paragraph is Louisiana, Mississippi, or Alabama.
            ``(3) Other states.--
                    ``(A) In general.--A State is described in this 
                paragraph if the State provides any benefit or service 
                that may be provided under the State program funded 
                under part A of title IV of the Social Security Act (42 
                U.S.C. 601 et seq.) to a family which--
                            ``(i) has resided in a direct impact State 
                        described in paragraph (2);
                            ``(ii) has travelled (not necessarily 
                        directly) to the State from such direct impact 
                        State as a result of Hurricane Katrina; and
                            ``(iii) if applying for benefits or 
                        services on or after October 28, 2005, the 
                        State has determined is not receiving cash 
                        benefits from any program funded under such 
                        part of any other State.
                    ``(B) Application to territories.--
                            ``(i) In general.--Notwithstanding section 
                        403(b)(7) of the Social Security Act, a 
                        territory (as defined in section 1108(c)(1) of 
                        such Act (42 U.S.C.1308(c)(1)) shall be 
                        considered to be a State described in this 
                        paragraph for purposes of this section.
                            ``(ii) Disregard of payments.--Section 
                        1108(a) of the Social Security Act (42 U.S.C. 
                        1308(a)) shall be applied without regard to any 
                        amounts paid to a territory (as so defined) in 
                        accordance with this section.
    ``(b) Monthly Payments.--Notwithstanding paragraph (3)(C)(i) of 
subsection (b) of section 403 of the Social Security Act (42 U.S.C. 
603), and in addition to any other amounts paid to a State under that 
subsection, the total amount paid during a month to a State under this 
section shall not exceed the following:
            ``(1) Direct impact states.--In the case of a State 
        described in subsection (a)(2), such amount shall not exceed, 
        \1/4\ of 20 percent of the State family assistance grant.
            ``(2) Other states.-- In the case of a State described in 
        subsection (a)(3), such amount shall not exceed the lesser of--
                    ``(A) the total amount of Hurricane Katrina 
                Emergency TANF Benefits (as defined in section 6(c)(1)) 
                provided by the State to families described in 
                subsection (a)(3); or
                    ``(B) \1/4\ of 20 percent of the State family 
                assistance grant.
    ``(c) No State Match or Maintenance of Effort Required.--Sections 
403(b)(6) and 409(a)(10) of the Social Security Act (42 U.S.C. 
603(b)(6), 609(a)(10)) shall not apply with respect to a payment made 
to a State by reason of this section.
    ``(d) Increase in Funding to the Extent Necessary To Ensure That 
States Will Be Able To Access the Contingency Fund.--For the period 
described in subsection (a)(1), paragraph (2) of subsection (b) of 
section 403 of the Social Security Act (42 U.S.C. 603) shall be applied 
without regard to the limitation on the total amount specified in such 
paragraph and funds appropriated pursuant to such paragraph shall be 
available for payments authorized under this section and under such 
subsection (b).''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

SEC. 212. INCREASE IN AMOUNT OF ADDITIONAL TANF FUNDS AVAILABLE FOR 
              HURRICANE-DAMAGED STATES.

    (a) In General.--Section 4 of the TANF Emergency Response and 
Recovery Act of 2005 is amended--
            (1) in subsection (a)(2), by striking ``20 percent'' and 
        inserting ``40 percent''; and
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by inserting ``(at any time during or after the period 
        described in section 3(a)(1))'' after ``may not be imposed''.
    (b) Retroactive Effective Date.--The amendments made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

SEC. 213. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY TANF 
              BENEFITS AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.

    (a) In General.--Section 6 of the TANF Emergency Response and 
Recovery Act of 2005 is amended to read as follows:

``SEC. 6. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY TANF 
              BENEFITS AND APPLICATION TO CHILD SUPPORT REQUIREMENTS.

    ``(a) In General.--During the period described in section 3(a)(1), 
a State described in paragraph (2) or (3) of section 3(a) or an Indian 
tribe with a tribal family assistance plan approved under section 412 
of the Social Security Act (42 U.S.C. 612) may provide Hurricane 
Katrina Emergency TANF Benefits under the State or tribal program 
funded under part A of title IV of the Social Security Act (42 U.S.C. 
601 et seq.).
    ``(b) Certain Rules Waived.--
            ``(1) In general.--Hurricane Katrina Emergency TANF 
        Benefits shall not be considered assistance for purposes of 
        sections 407, paragraphs (2), (3), or (7) of section 408(a), 
        411, or section 454(29) of the Social Security Act (42 U.S.C. 
        607, 608(a), 611, 654(29)).
            ``(2) Limited waiver of rules under section 454(4)(A)(i).--
                    ``(A) In general.--Subject to subparagraph (B), 
                such benefits shall not be considered assistance for 
                purposes of section 454(4)(A)(i) of such Act (42 U.S.C. 
                654(4)(A)(i)).
                    ``(B) Exception for families already receiving 
                child support services or who apply for such 
                services.--Subparagraph (A) shall not apply with 
                respect to such benefits that are provided to a family 
                who--
                            ``(i) at the time such benefits are 
                        provided, are receiving child support services 
                        under a State plan under section 454 of such 
                        Act (42 U.S.C. 654); or
                            ``(ii) applies for child support services 
                        under such a State plan on behalf of a child 
                        who is receiving such benefits.
    ``(c) Hurricane Katrina Emergency TANF Benefits.--
            ``(1) In general.--In this section, the term `Hurricane 
        Katrina Emergency TANF Benefits' means any benefit or service 
        that may be provided under a State or tribal program funded 
        under part A of title IV of the Social Security Act to support 
        families which the State or Indian tribe deems to be needy 
        families based on their statement, circumstance, or inability 
        to access resources and who--
                    ``(A) are described in section 3(a)(3); or
                    ``(B) subject to paragraph (2), reside in a State 
                described in section 3(a)(2).
            ``(2) Limitation.--Any benefit or service provided under a 
        State or tribal program funded under part A of title IV of the 
        Social Security Act in a State described in section 3(a)(2) to 
        a family who the State or Indian tribe deems to be a needy 
        family in accordance with paragraph (1), shall only be 
        considered to be a Hurricane Katrina Emergency TANF Benefit if 
        the State or Indian tribe designates that the benefit or 
        service is to be treated as a Hurricane Katrina Emergency TANF 
        Benefit.
    ``(d) Simplified Data Reporting.--
            ``(1) In general.--Each State or Indian tribe which 
        provides Hurricane Katrina Emergency TANF Benefits shall report 
        to the Secretary of Health and Human Services on a monthly 
        basis the following information:
                    ``(A) The total amount of expenditures attributable 
                to providing Hurricane Katrina Emergency TANF Benefits.
                    ``(B) The total number of families receiving such 
                benefits.
                    ``(C) To the extent the State determines it is able 
                to do so, the total amount of such benefits provided 
                that are--
                            ``(i) cash;
                            ``(ii) child care; or
                            ``(iii) other benefits and services.
            ``(2) Reports to congress.--The Secretary of Health and 
        Human Services shall submit, on a monthly basis, a compilation 
        of the reports submitted in accordance with paragraph (1) to 
        the Committee on Finance of the Senate and the Committee on 
        Ways and Means of the House of Representatives.''.
    (b) Retroactive Effective Date.--The amendment made by subsection 
(a) shall take effect as if included in the enactment of the TANF 
Emergency Response and Recovery Act of 2005.

                  Subtitle C--Miscellaneous Provisions

SEC. 221. DISCLOSURE BASED ON VALID AUTHORIZATION.

    (a) In General.--Section 223(d)(5) of the Social Security Act (42 
U.S.C. 423(d)(5)) is amended by adding at the end the following:
    ``(C) Notwithstanding any other provision of law, if the 
Commissioner of Social Security provides to a custodian of records a 
copy, facsimile, or electronic version of an authorization obtained 
from the individual to disclose records to the Commissioner, then such 
custodian shall not be held liable under any applicable Federal or 
State law for disclosing any record or other information in response to 
such request, on the basis that the authorization relied upon was a 
copy, facsimile, or electronic version of the authorization.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to disclosures of records or other information made on or 
after the date of enactment of this Act.

SEC. 222. EMERGENCY PROCUREMENT AUTHORITY IN SUPPORT OF HURRICANE 
              KATRINA RESCUE AND RELIEF EFFORTS.

    (a) Small Business Reservation Offset.--Section 15(j) of the Small 
Business Act (15 U.S.C. 644(j)) is amended by adding at the end the 
following:
    ``(4) For any contracts involving the use of the special emergency 
procurement authority under section 32A(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the 
small business reservation established in paragraph (1) shall be 
adjusted to match the applicable amount of the simplified acquisition 
threshold.''.
    (b) Retention of Small Business Subcontracting.--Section 8(d)(4)(D) 
of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended--
            (1) by striking ``(D) No contract'' and inserting the 
        following:
            ``(D) Small business participation.--
                    ``(i) In general.--No contract''; and
            (2) by adding at the end the following:
                    ``(ii) Emergency procurements.--
                            ``(I) In general.--For any contract which 
                        otherwise meets the requirements of this 
                        subsection, and which involves the use of 
                        special emergency procurement authority under 
                        section 32A(c) of the Office of Federal 
                        Procurement Policy Act (41 U.S.C. 428a(c)), the 
                        subcontracting plan required under this 
                        subsection shall be negotiated as soon as is 
                        practicable, but not later than 30 days after 
                        the date on which the contract is awarded.
                            ``(II) Payment.--Not greater than 50 
                        percent of the amounts due under any contract 
                        described in subclause (I) may be paid, unless 
                        a subcontracting plan compliant with this 
                        subsection is negotiated by the contractor.''.
    (c) Limitations on Increased Micro-Purchase Threshold.--
Notwithstanding any other provision of law, the authority granted under 
section 101 of the Second Emergency Supplemental Appropriations Act to 
Meet Immediate Needs Arising From the Consequences of Hurricane 
Katrina, 2005 (Public Law 109-62), including the modifications under 
subsection (d), shall--
            (1) be restricted for use solely within the geographic 
        areas designated by the President as disaster areas due to 
        Hurricane Katrina;
            (2) not be exercised in a manner inconsistent with any 
        Federal law providing for local preference in disaster relief 
        and recovery contracting; and
            (3) terminate 120 days after the date of enactment of this 
        Act.
    (d) Modified Threshold.--Notwithstanding section 101(2) of the 
Second Emergency Supplemental Appropriations Act to Meet Immediate 
Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public 
Law 109-62), the amount specified in subsections (c), (d), and (f) of 
the section 32 of the Office of Federal Procurement Policy Act (41 
U.S.C. 428) for purchases necessary for support of Hurricane Katrina 
rescue and relief operations shall be $50,000, or such an amount in 
excess of $50,000, but not to exceed $250,000, as may be approved by 
the head of the executive agency concerned (or any delegate of the head 
of such executive agency, who shall be an officer or employee of such 
executive agency who is a warranted contracting officer for making 
Federal acquisitions).
    (e) OMB Guidance on Use of Government Credit Cards for Micro-
Purchases.--
            (1) Guidance required.--Not later than 14 calendar days 
        after the date of enactment of this Act, the Director of the 
        Office of Management and Budget shall issue clear and concise 
        guidance regarding the use of Government credit cards by 
        Federal agencies to make micro-purchases under subsections (c), 
        (d), and (f) of section 32 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 428), as modified by this section.
            (2) Elements.--The guidance under paragraph (1) shall 
        include--
                    (A) a list of Government officials with the 
                authority to approve purchases under subsection (d) in 
                amounts in excess of $50,000, designated by agency, 
                title, and pay grade;
                    (B) the number of credit cards, by agency, that may 
                be utilized for purchases under subsection (d) in 
                amounts in excess of $50,000;
                    (C) procedures for the immediate review of any 
                purchase under subsection (d) in an amount in excess of 
                $50,000 that was not approved by an official specified 
                in that paragraph as required by that paragraph;
                    (D) procedures for the audit of all purchases made 
                on Government credit cards after the expiration of 
                subsection (d) under subsection (c); and
                    (E) procedures to ensure that such purchases are 
                made with small business concerns and local small 
                business concerns, to the maximum extent practicable 
                under the circumstances.
            (3) Reports on purchases.--Not later than 180 days after 
        the date of the enactment of this Act, the head of each 
        executive agency making any purchase under subsection (d) in an 
        amount in excess of $50,000 shall submit to the appropriate 
        Congressional committees a report on each such purchase made by 
        such agency, including--
                    (A) a description of the property or services so 
                purchased;
                    (B) a statement of the purpose of such purchase;
                    (C) a statement of the amount of such purchase;
                    (D) a statement of the name, title, and pay grade 
                of the officer or employee of such agency making such 
                purchase; and
                    (E) whether such purchases were made with small 
                business concerns.
            (4) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate Congressional committees'' 
        means--
                    (A) the Committees on Appropriations, Small 
                Business and Entrepreneurship, Finance, and Homeland 
                Security and Governmental Affairs of the Senate; and
                    (B) the Committees on Appropriations, Small 
                Business, and Government Reform of the House of 
                Representatives.
                                 <all>
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