109TH CONGRESS 
1ST SESSION H. R. 3975
AN ACT 
To ease the provision of services to individuals affected by 
Hurricanes Katrina and Rita, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Hurricane Regulatory Relief Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—EDUCATION 
Subtitle A—Elementary and Secondary Educational Programs 
Sec. 101. Charter schools. 
Subtitle B—Teacher Flexibility 
Sec. 111. Treatment of highly qualified teachers. 
Subtitle C—Educational Programs for Children With Disabilities 
Sec. 121. Agreements to extend certain deadlines of the Individuals with Dis-
abilities Education Act to facilitate the provision of educational 
services to children with disabilities. 
Sec. 122. Paperwork reduction pilot program participation for affected States. 
Subtitle D—Higher Education Relief 
Sec. 131. Waivers and modifications. 
Sec. 132. Transfer of credit. 
Sec. 133. Expanding information dissemination regarding eligibility for Pell 
Grants. 
Sec. 134. Procedures; termination of authority. 
Subtitle E—Regulatory Relief 
Sec. 151. Regulatory and financial relief. 
TITLE II—HEALTH AND HUMAN SERVICES 
Subtitle A—Community Services 
Sec. 201. Secretary authority. 
Sec. 202. State authority. 
Subtitle B—Head Start 
Sec. 211. Head start and early head start children affected by a Gulf hurricane 
disaster. 
Subtitle C—Child Care Services 
Sec. 221. Waiver authority to expand the availability of services under Child 
Care and Development Block Grant Act of 1990. 
TITLE III—LABOR
Subtitle A—Pension Flexibility for Displaced Workers Act of 2005
Sec. 301. Short title. 
Sec. 302. Authority to prescribe guidance by reason of the Presidentially de-
clared disasters caused by Hurricane Katrina and Hurricane 
Rita. 
Sec. 303. Authority in the event of Presidentially declared disaster or terroristic 
or military actions. 
Subtitle B—Occupational Safety and Health 
Sec. 311. Authorization for volunteers. 
Sec. 312. Purchase and distribution of equipment. 
Sec. 313. State assistance and matching fund restrictions. 
Sec. 314. Expiration. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. Definitions. 
Sec. 402. Procedural waivers. 
Sec. 403. Reporting requirements.
TITLE I—EDUCATION 
Subtitle A—Elementary and 
Secondary Educational Programs 
SEC. 101. CHARTER SCHOOLS. 
The Secretary of Education shall encourage States—
(1) to include charter schools in Gulf hurricane 
disaster relief efforts; 
(2) to provide support to charter schools that 
are serving individuals adversely affected by a Gulf 
hurricane disaster; and 
(3) to facilitate the enrollment of students dis-
placed by a Gulf hurricane disaster in charter 
schools, including by—
(A) waiving any requirement relating to 
whether a student has resided in the geographic 
area of the charter school;
(B) increasing the number of students who 
may attend a charter school; and 
(C) removing any other relevant restric-
tions. 
Subtitle B—Teacher Flexibility 
SEC. 111. TREATMENT OF HIGHLY QUALIFIED TEACHERS. 
For purposes of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et. seq.), and the Indi-
viduals with Disabilities Education Act (20 U.S.C. 1400 
et seq.), an individual who was employed as a teacher on 
August 29, 2005, by a local educational agency in a State, 
and who was highly qualified for such employment on such 
date, may be considered by another State, during the 
2005–2006 school year, to be highly qualified in the same 
core academic subjects for purposes of subsequent employ-
ment as a teacher by a local educational agency in such 
other State, if—
(1) the local educational agency employing the 
teacher on August 29, 2005, serves an area affected 
by a Gulf hurricane disaster; and 
(2) the local educational agency subsequently 
employing the teacher hired the teacher due to needs 
created by the enrollment of displaced students.
Subtitle C—Educational Programs 
for Children With Disabilities 
SEC. 121. AGREEMENTS TO EXTEND CERTAIN DEADLINES 
OF THE INDIVIDUALS WITH DISABILITIES 
EDUCATION ACT TO FACILITATE THE PROVI-
SION OF EDUCATIONAL SERVICES TO CHIL-
DREN WITH DISABILITIES. 
(a) AUTHORITY.—The Secretary of Education may 
enter into an agreement described in subsection (b) with 
an eligible entity to extend certain deadlines under the In-
dividuals with Disabilities Education Act (20 U.S.C. 1400 
et seq.) related to providing special education and related 
services, including early intervention services, to individ-
uals adversely affected by a Gulf hurricane disaster. 
(b) TERMS
OF AGREEMENTS.—An agreement re-
ferred to in subsection (a) is an agreement with an eligible 
entity made in accordance with subsection (e) that may 
extend the applicable deadlines under one or more of the 
following sections: 
(1) Section 611(e)(3)(C)(ii) of such Act, by ex-
tending up to an additional 60 days the 90 day 
deadline for developing a State plan for the high 
cost fund. 
(2) Section 612(a)(15)(C) of such Act, by ex-
tending up to an additional 60 days the deadline for
submission of the annual report to the Secretary of 
Education and the public regarding the progress of 
the State and of children with disabilities in the 
State. 
(3) Section 612(a)(16)(D) of such Act, by ex-
tending up to an additional 60 days the deadline for 
making available reports regarding the participation 
in assessments and the performance on such assess-
ments of children with disabilities. 
(4) Section 614(a)(1)(C)(i)(I) of such Act, by 
extending up to an additional 30 days the 60 day 
deadline for the initial evaluation to determine 
whether a child is a child with a disability for pur-
poses of the provision of special education and re-
lated services to such child. 
(5) Section 616(b)(1)(A) of such Act, by ex-
tending up to an additional 60 days the deadline for 
finalization of the State performance plan. 
(6) Section 641(e)(1)(D) of such Act, by ex-
tending up to an additional 60 days the deadline for 
submission to the Governor of a State and the Sec-
retary of Education of the report on the status of 
early intervention programs for infants and toddlers 
with disabilities and their families operated within 
the State.
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed—
(1) as permitting the waiver of—
(A) any applicable Federal civil rights law; 
(B) any student or family privacy protec-
tions, including provisions requiring parental 
consent for evaluations and services; 
(C) any procedural safeguards required 
under section 615 or section 639 of the Individ-
uals with Disabilities Education Act; or 
(D) any requirements not specified in sub-
section (b)(1) of this section; or 
(2) as removing the obligation of the eligible en-
tity to provide a child with a disability or an infant 
or toddler with a disability and their families—
(A) a free appropriate public education 
under part B of the Individuals with Disabil-
ities Education Act; or 
(B) early intervention services under part 
C of such Act. 
(d) DURATION
OF
AGREEMENT.—An agreement 
under this section shall terminate at the conclusion of the 
2005–2006 academic year. 
(e) REQUEST
TO ENTER INTO AGREEMENT.—To 
enter into an agreement under this section, an eligible en-
tity shall submit a request to the Secretary of Education 
at such time, in such manner, and containing such infor-
mation as the Secretary may require. 
SEC. 122. PAPERWORK REDUCTION PILOT PROGRAM PAR-
TICIPATION FOR AFFECTED STATES. 
(a) AUTHORITY.—To identify ways to reduce paper-
work burdens and other administrative duties that are di-
rectly associated with the requirements of the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) 
in order to increase the time and resources available for 
instruction and other activities aimed at improving edu-
cational and functional results for children with disabil-
ities, the Secretary of Education is authorized to permit 
an affected State to participate in the paperwork reduc-
tion pilot program described in section 609(a) of such Act. 
(b) PARTICIPATION BY AFFECTED STATES.—Partici-
pation in the paperwork reduction pilot program by an af-
fected State shall be in addition to the maximum number 
of States that may so participate in accordance with sec-
tion 609(a)(2)(A) of such Act. 
(c) PROPOSAL.—
(1) IN GENERAL.—An affected State desiring to 
participate in the paperwork reduction pilot program 
described in section 609(a) of such Act shall submit 
a proposal to the Secretary in accordance with sec-
tion 609(a)(3) of such Act, subject to paragraph (2) 
of this subsection. 
(2) SIMPLIFICATION.—The Secretary may sim-
plify the proposal process for an affected State to 
participate in the program if the Secretary deter-
mines that such simplification is appropriate. 
(d) RULE
OF CONSTRUCTION.—The requirements 
and authorities described in section 609(a) of such Act 
that are not modified by this section with respect to an 
affected State shall apply to such State. 
Subtitle D—Higher Education 
Relief 
SEC. 131. WAIVERS AND MODIFICATIONS. 
Notwithstanding any other provision of law unless en-
acted with specific reference to this section, the Secretary 
of Education is authorized to waive or modify any statu-
tory or regulatory provision applicable to the student fi-
nancial assistance programs under title IV of the Higher 
Education Act of 1965, or any student or institutional eli-
gibility provisions in such Act, as the Secretary of Edu-
cation deems necessary to ensure that the calculation of 
expected family contribution (under section 474 of such 
Act) used in the determination of need for student finan-
cial assistance under such title for any affected student 
(and the determination of such need for his or her family,
if applicable), is modified to reflect any changes in the 
financial condition of such affected student and his or her 
family resulting from a Gulf hurricane disaster. 
SEC. 132. TRANSFER OF CREDIT. 
(a) POLICY DISCLOSURE.—For periods of enrollment 
beginning in calendar year 2006, each institution of higher 
education shall establish and publicize policies of the insti-
tution regarding the acceptance or denial of academic 
credit earned at another institution of higher education, 
which shall include a statement that such decisions will 
not be based solely on the source of accreditation of a 
sending institution, provided that the sending institution 
is accredited by an agency or association that is recognized 
by the Secretary of Education pursuant to section 496 of 
the Higher Education Act of 1965 to be a reliable author-
ity as to the quality of the education or training offered. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to—
(1) authorize an officer or employee of the De-
partment of Education to exercise any direction, su-
pervision, or control over the curriculum, program of 
instruction, administration, or personnel of any in-
stitution of higher education, or over any accrediting 
agency or association;
(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C. 1221 et seq.); or 
(3) create any legally enforceable right. 
SEC. 133. EXPANDING INFORMATION DISSEMINATION RE-
GARDING ELIGIBILITY FOR PELL GRANTS. 
(a) IN
GENERAL.—The Secretary of Education 
shall—
(1) make special efforts, in conjunction with 
State efforts, to notify affected students and, if ap-
plicable, their parents, who qualify for a means-test-
ed Federal benefit program, of their potential eligi-
bility for a maximum Pell Grant; and 
(2) disseminate informational materials regard-
ing such eligibility as the Secretary of Education 
deems appropriate. 
(b) 
MEANS-TESTED
FEDERAL
BENEFIT
PRO-
GRAM.—For the purpose of this section, the term ‘‘means-
tested Federal benefit program’’—
(1) means a mandatory spending program of 
the Federal Government, other than a program 
under the Higher Education Act of 1965, in which 
eligibility for the program’s benefits, or the amount 
of such benefits, or both, are determined on the 
basis of income or resources of the individual or 
family seeking the benefit; and
(2) may include—
(A) the supplemental security income pro-
gram under title XVI of the Social Security 
Act; 
(B) the food stamp program under the 
Food Stamp Act of 1977; 
(C) the free and reduced price school lunch 
program established under the Richard B. Rus-
sell National School Lunch Act; 
(D) the temporary assistance to needy 
families program established under part A of 
title IV of the Social Security Act; 
(E) the women, infants, and children pro-
gram established under section 17 of the Child 
Nutrition Act of 1966; and 
(F) other programs identified by the Sec-
retary of Education. 
SEC. 134. PROCEDURES; TERMINATION OF AUTHORITY. 
(a) DEADLINES AND PROCEDURES.—Sections 482(c) 
and 492 of the Higher Education Act of 1965 (20 U.S.C. 
1089(c), 1098(a)) shall not apply to any waivers, modi-
fications, or actions initiated by the Secretary of Edu-
cation under this subtitle.