(b) CASE-BY-CASE BASIS.—The Secretary of Edu-
cation is not required to exercise any waiver or modifica-
tion authority under this subtitle on a case-by-case basis. 
(c) TERMINATION OF AUTHORITY.—The authority of 
the Secretary of Education to issue waivers or modifica-
tions under this subtitle shall expire at the conclusion of 
the 2005–2006 academic year, but the expiration of such 
authority shall not affect the continuing validity of any 
such waivers or modifications after such academic year. 
Subtitle E—Regulatory Relief 
SEC. 151. REGULATORY AND FINANCIAL RELIEF. 
(a) WAIVER AUTHORITY.—Subject to subsections (b) 
and (c), in providing any grant or other assistance, di-
rectly or indirectly, to an entity in an affected State, the 
Secretary of Education may, as applicable, waive or mod-
ify in order to ease fiscal burdens any requirement relating 
to the following: 
(1) Maintenance of effort. 
(2) The use of Federal funds to supplement, 
not supplant, non-Federal funds. 
(3) Any non-Federal share or capital contribu-
tion required to match Federal funds provided under 
programs administered by the Secretary of Edu-
cation.
(b) DURATION.—A waiver under this section shall be 
for the 2006 fiscal year. 
(c) LIMITATIONS.—
(1) RELATION TO IDEA.—This section does not 
authorize the waiver or modification of any provision 
of the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.). 
(2) MAINTENANCE
OF
EFFORT.—If the Sec-
retary grants a waiver or modification under this 
section waiving a requirement relating to mainte-
nance of effort for a fiscal year, the level of effort 
required for the following fiscal year shall not be re-
duced because of the waiver. 
TITLE II—HEALTH AND HUMAN 
SERVICES 
Subtitle A—Community Services 
SEC. 201. SECRETARY AUTHORITY. 
The Secretary of Health and Human Services may 
waive with respect to any affected State for up to 90 days 
after the enactment of this Act the filing deadline under 
section 676(b) of the Community Services Block Grant 
Act. 
SEC. 202. STATE AUTHORITY. 
(a) TRANSFER OF FUNDING.—A State that receives 
a payment or allotment under section 675A or 675B of
the Community Services Block Grant Act may transfer a 
portion of the payment or allotment available for expendi-
ture under section 675C(b) (including sums available for 
administrative expenses under paragraph (2) of such sec-
tion 675C(b)) to an affected State. 
(b) STAFF.—A State lead agency designated under 
section 676(a)(1) of the Community Services Block Grant 
Act or an eligible entity (as defined in section 673 of such 
Act) may send an employee of the State lead agency, or 
of an eligible entity, to an area affected by a Gulf hurri-
cane disaster to help in providing disaster assistance. 
(c) ELIGIBLE ENTITY.—A State lead agency in an 
affected State may temporarily fund an eligible entity in 
a contiguous area, or if such entity is not available to pro-
vide such services, may temporarily fund alternative serv-
ice providers (notwithstanding the definition of an eligible 
entity as defined in section 673 of the Community Services 
Block Grant Act) when the currently funded eligible entity 
is no longer able to provide services due to a Gulf hurri-
cane disaster in order to meet the immediate needs of indi-
viduals adversely affected by a Gulf hurricane disaster 
(provided that in the meantime the State is assisting such 
current eligible entity in becoming operational). 
(d) RECAPTURE AND REDISTRIBUTION OF UNOBLI-
GATED FUNDS.—Notwithstanding any other provision of
law, an affected State may apply the recapture and redis-
tribution of unobligated funds provisions under section 
675C(a)(3) of the Community Services Block Grant Act 
provided that the State consults with the eligible entity 
involved. 
Subtitle B—Head Start 
SEC. 211. HEAD START AND EARLY HEAD START CHILDREN 
AFFECTED BY A GULF HURRICANE DISASTER. 
(a) TECHNICAL ASSISTANCE, GUIDANCE, AND RE-
SOURCES.—The Secretary of Health and Human Services 
shall provide technical assistance, guidance, and resources 
through the Region 4 and Region 6 offices of the Adminis-
tration for Children and Families (and may provide tech-
nical assistance, guidance, and resources, through other 
regional offices of the Administration, at the request of 
such offices, that administer affected Head Start agen-
cies) to Head Start agencies in areas in which a major 
disaster has been declared, and to affected Head Start 
agencies, to assist the agencies involved in providing Head 
Start services and Early Head Start services to children 
affected by a Gulf hurricane disaster. 
(b) WAIVER.—For such period up to June 30, 2006, 
and to such extent as the Secretary considers appropriate, 
the Secretary of Health and Human Services—
(1) may waive section 640(b) of the Head Start 
Act for Head Start agencies located in an area af-
fected by a Gulf Hurricane disaster and other af-
fected Head Start agencies; and 
(2) shall waive requirements of documentation 
for an individual adversely affected by a Gulf hurri-
cane disaster who participates in a Head Start pro-
gram or an Early Head Start program funded under 
the Head Start Act. 
Subtitle C—Child Care Services 
SEC. 221. WAIVER AUTHORITY TO EXPAND THE AVAIL-
ABILITY OF SERVICES UNDER CHILD CARE 
AND DEVELOPMENT BLOCK GRANT ACT OF 
1990. 
For such period up to June 30, 2006, and to such 
extent as the Secretary considers to be appropriate, the 
Secretary of Health and Human Service may waive or 
modify, for any affected State, and any State serving sig-
nificant numbers of individuals adversely affected by a 
Gulf hurricane disaster, provisions of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 
et seq.)—
(1) relating to Federal income limitations on 
eligibility to receive child care services for which as-
sistance is provided under such Act,
(2) relating to work requirements applicable to 
eligibility to receive child care services for which as-
sistance is provided under such Act, 
(3) relating to limitations on the use of funds 
under section 658G of the Child Care and Develop-
ment Block Grant Act of 1990, 
(4) preventing children designated as evacuees 
from receiving priority for child care services pro-
vided under such Act, except that children residing 
in a State and currently receiving services should 
not lose such services in order to accommodate evac-
uee children, and 
(5) relating to any non-Federal or capital con-
tribution required to match Federal funds provided 
under programs administered by the Secretary of 
Health and Human Services, 
for purposes of easing State fiscal burdens and providing 
child care services to children orphaned, or of families dis-
placed, as a result of a Gulf hurricane disaster. 
TITLE III—LABOR 
Subtitle A—Pension Flexibility for 
Displaced Workers Act of 2005
SEC. 301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Pension Flexibility 
for Displaced Workers Act of 2005’’.
SEC. 302. AUTHORITY TO PRESCRIBE GUIDANCE BY REA-
SON OF THE PRESIDENTIALLY DECLARED 
DISASTERS CAUSED BY HURRICANE KATRINA 
AND HURRICANE RITA. 
(a) WAIVERS, SUSPENSIONS, OR EXEMPTIONS.—In 
the case of any pension plan which is an individual account 
plan, or any participant or beneficiary, plan sponsor, ad-
ministrator, fiduciary, service provider, or other person 
with respect to such plan, affected by Hurricane Katrina 
or Hurricane Rita, or any service provider or other person 
dealing with such plan, the Secretary of Labor may, not-
withstanding any provision of title I of the Employee Re-
tirement Income Security Act of 1974, prescribe, by notice 
or otherwise, a waiver, suspension, or exemption from any 
provision of such title which is under the regulatory au-
thority of such Secretary, or from regulations issued under 
any such provision, that such Secretary determines appro-
priate to facilitate the distribution or loan of assets from 
such plan to participants and beneficiaries of such plan. 
At the time of the issuance of such waiver, suspension, 
or exemption, such Secretary shall publish in the Federal 
Register the terms of such waiver, suspension, or exemp-
tion. 
(b) EXEMPTION FROM LIABILITY
FOR ACTS
OR 
OMISSIONS COVERED BY WAIVER, SUSPENSION, OR EX-
EMPTION.—No person shall be liable for any violation of
title I of the Employee Retirement Income Security Act 
of 1974, or of any regulations issued under such title, 
based upon any act or omission covered by a waiver, sus-
pension, or exemption issued under subsection (a) if such 
act or omission is in compliance with the terms of the 
waiver, suspension, or exemption. 
(c) PLAN TERMS SUBJECT TO WAIVER, SUSPENSION, 
OR EXEMPTION.—Notwithstanding any provision of the 
plan to the contrary and to the extent provided in any 
waiver, suspension, or exemption issued by the Secretary 
of Labor pursuant to subsection (a), no plan shall be 
treated as failing to be operated in accordance with its 
terms solely as a result of acts or omissions which are 
in compliance with the terms of such waiver, suspension, 
or exemption. 
(d) EXPIRATION OF AUTHORITY.—This section shall 
apply only with respect to waivers, suspensions, or exemp-
tions issued by the Secretary of Labor during the 1-year 
period following the date of the enactment of this Act. 
(e) DEFINITIONS.—Terms used in this section shall 
have the meanings provided such terms in section 3 of 
the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1002).
SEC. 303. AUTHORITY IN THE EVENT OF PRESIDENTIALLY 
DECLARED DISASTER OR TERRORISTIC OR 
MILITARY ACTIONS. 
Section 518 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1148) is amended by insert-
ing ‘‘, under any regulation issued thereunder, or under 
any plan provision’’ after ‘‘under this Act’’. 
Subtitle B—Occupational Safety 
and Health 
SEC. 311. AUTHORIZATION FOR VOLUNTEERS. 
(a) AUTHORITY
TO RECRUIT, TRAIN, AND UTI-
LIZE.—Notwithstanding any other provision of law, the 
Secretary of Labor (hereafter ‘‘the Secretary’’) may re-
cruit, train, accept, and utilize, without regard to the civil 
service classification laws, rules, or regulations, the serv-
ices of volunteer individuals to aid in or facilitate the ac-
tivities administered by the Secretary through the Occupa-
tional Safety and Health Administration for projects re-
lated to worker safety and health in response to the effects 
of Hurricane Katrina and Hurricane Rita. 
(b) PROVISION OF SERVICES AND COSTS.—The Sec-
retary may provide for services and costs incidental to the 
utilization of volunteers under subsection (a), including 
transportation, supplies, equipment (including personal 
protective equipment), uniforms, lodging, subsistence 
(without regard to place of residence), recruiting, training,
supervision, and awards and recognition (including nomi-
nal cash awards). 
(c) FEDERAL EMPLOYMENT STATUS
OF VOLUN-
TEERS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a volunteer under this section shall not 
be considered a Federal employee and shall not be 
subject to the provisions of law relating to Federal 
employment, including those provisions relating to 
hours of work, rates of compensation, leave, unem-
ployment compensation, and Federal employee bene-
fits. 
(2) EXCEPTION.—A volunteer under this sec-
tion shall be considered a Federal employee for the 
purposes of—
(A) required Federal agency safety and 
health programs under section 19 of the Occu-
pational Safety and Health Act of 1970 (29 
U.S.C. 668), Executive Order 12196 (45 Fed. 
Reg. 12769) and part 1960 of title 29, Code of 
Federal Regulations; and 
(B) the standards of ethical conduct provi-
sions of part 2635 of title 5, Code of Federal 
Regulations.
(d) LIMITATION.—No volunteer authorized under 
this section may aid in or facilitate any inspection or in-
vestigation relating to, or the enforcement of, the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.). 
SEC. 312. PURCHASE AND DISTRIBUTION OF EQUIPMENT. 
The Secretary is authorized to purchase and dis-
tribute equipment and supplies to public or private entities 
and individuals for projects administered by the Occupa-
tional Safety and Health Administration related to worker 
safety and health in response to the effects of Hurricane 
Katrina and Hurricane Rita. 
SEC. 313. STATE ASSISTANCE AND MATCHING FUND RE-
STRICTIONS. 
(a) USE OF FUNDS.—Notwithstanding any other pro-
vision of law, States that administer State plans under 
section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667), or cooperative agreements under 
section 21(d) of such Act (29 U.S.C. 670(d)) may use 
grant funds awarded under section 21 or 23 of such Act 
(29 U.S.C. 670; 672) to provide assistance to the Occupa-
tional Safety and Health Administration for projects re-
lated to worker safety and health in response to the effects 
of Hurricane Katrina and Hurricane Rita.
(b) MATCHING
FUND
REQUIREMENT.—Notwith-
standing the matching share requirements of section 23 
of such Act or any other provision of law, the Secretary 
may increase the size of a grant to any State providing 
assistance under subsection (a) by an amount of up to 
100 percent of the cost of travel and subsistence, overtime, 
and other administrative expenses incurred by the State 
in providing such assistance. 
SEC. 314. EXPIRATION. 
This authorities granted in this title shall terminate 
on December 31, 2006. 
TITLE IV—GENERAL 
PROVISIONS 
SEC. 401. DEFINITIONS. 
For purposes of this Act, except as otherwise specifi-
cally provided in this Act, the following terms have the 
following meanings: 
(1) AFFECTED HEAD START AGENCIES.—The 
term ‘‘affected Head Start Agencies’’ means a Head 
Start agency receiving a significant number of chil-
dren from an area in which a Gulf hurricane dis-
aster has been declared. 
(2) AFFECTED
STATE.—The term ‘‘affected 
State’’ means the State of Alabama, Florida, Lou-
isiana, Mississippi, or Texas.
(3) AFFECTED STUDENT.—The term ‘‘affected 
student’’ means an individual who has applied for or 
received student financial assistance under title IV 
of the Higher Education Act of 1965, and who—
(A) was enrolled or accepted for enroll-
ment, as of August 29, 2005, at an institution 
of higher education in an area affected by a 
Gulf hurricane disaster; 
(B) was a dependent student enrolled or 
accepted for enrollment at an institution of 
higher education that is not in an area affected 
by a Gulf hurricane disaster, but whose parents 
resided or were employed, as of August 29, 
2005, in an area affected by a Gulf hurricane 
disaster; or 
(C) was enrolled or accepted for enrollment 
at an institution of higher education, as of Au-
gust 29, 2005, and whose attendance was inter-
rupted because of a Gulf hurricane disaster. 
(4) AREA AFFECTED BY A GULF HURRICANE 
DISASTER.—The term ‘‘area affected by a Gulf hur-
ricane disaster’’ means a county or parish, in an af-
fected State, that has been designated by the Fed-
eral Emergency Management Agency for disaster as-
sistance for individuals and households as a result of 
Hurricane Katrina or Hurricane Rita. 
(5) CHARTER
SCHOOL.—The term ‘‘charter 
school’’ has the meaning given to that term in sec-
tion 5210 of the Elementary and Secondary Edu-
cation Act of 1965. 
(6) CHILD
WITH
A
DISABILITY.—The term 
‘‘child with a disability’’ has the meaning given such 
term in section 602(3) of the Individuals with Dis-
abilities Education Act. 
(7) DISPLACED
STUDENT.—The term ‘‘dis-
placed student’’ means an individual who—
(A) but for a Gulf hurricane disaster, 
would be enrolled during a school year in an el-
ementary or secondary school in an affected 
State; 
(B) is unable, due to such disaster, to ac-
cess the education and pupil services that the 
child otherwise would be receiving at such 
school; and 
(C) due to such disaster, is enrolled at a 
public elementary or secondary school in a dif-
ferent geographic location in a State. 
(8) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given such term in
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
(9) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
(A) a local educational agency (as defined 
in section 602(19) of the Individuals with Dis-
abilities Education Act) if such agency is lo-
cated in a State or in an area of a State with 
respect to which the President has declared 
that a Gulf hurricane disaster exists; 
(B) a State educational agency (as defined 
in section 602(32) of such Act) if such agency 
is located in a State with respect to which the 
President has declared that a Gulf hurricane 
disaster exists; or 
(C) a State interagency coordinating coun-
cil established under section 641 of such Act if 
such council is located in a State with respect 
to which the President has declared that a Gulf 
hurricane disaster exists. 
(10) GULF HURRICANE DISASTER.—The term 
‘‘Gulf hurricane disaster’’ means a major disaster 
that the President declared to exist, in accordance 
with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, and that was 
caused by Hurricane Katrina or Hurricane Rita. 
(11) HIGHLY
QUALIFIED.—The term ‘‘highly 
qualified’’—
(A) in the case of a special education 
teacher, has the meaning given such term in 
section 602 of the Individuals with Disabilities 
Education Act; and 
(B) in the case of any other elementary, 
middle, or secondary school teacher, has the 
meaning given such term in section 9101 of the 
Elementary and Secondary Education Act of 
1965. 
(12) INDIVIDUAL ADVERSELY AFFECTED BY A 
GULF HURRICANE DISASTER.—The term ‘‘individual 
adversely affected by a Gulf hurricane disaster’’ 
means an individual who, on August 29, 2005, was 
living, working, or attending school in an area in 
which the President has declared to exist a Gulf hur-
ricane disaster. 
(13) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘‘infant or toddler with a dis-
ability’’ has the meaning given such term in section 
632(5) of the Individuals with Disabilities Education 
Act.
(14) INSTITUTION OF HIGHER EDUCATION.—
The term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965, except that the term does 
not include institutions under subsection (a)(1)(C) 
of that section. 
(15) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965. 
(16) PUPIL SERVICES.—The term ‘‘pupil serv-
ices’’ has the meaning given such term in section 
9101 of the Elementary and Secondary Education 
Act of 1965. 
(17) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given such term in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
(18) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965. 
(19) STATE EDUCATIONAL AGENCY.—The term 
‘‘State educational agency’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965.
(20) STATE LEAD AGENCY.—The term ‘‘State 
lead agency’’ has the meaning given such term as 
designated under 676(a)(1) of the Community Serv-
ices Block Grant Act. 
SEC. 402. PROCEDURAL WAIVERS. 
(a) PUBLICATION.—
(1) IN GENERAL.—Notwithstanding section 437 
of the General Education Provisions Act (20 U.S.C. 
1232) and section 553 of title 5, United States 
Code, the Secretary of Education shall make publicly 
available the waivers or modifications of statutory 
and regulatory provisions and other actions the Sec-
retary of Education issues pursuant to this title. 
(2) TERMS
AND
CONDITIONS.—The notice 
under paragraph (1) shall include the terms and 
conditions to be applied in lieu of such statutory and 
regulatory provisions. 
SEC. 403. REPORTING REQUIREMENTS. 
(a) CONTENTS OF REPORT.—Not later than Sep-
tember 30, 2006, each State that exercises any authority 
provided in this Act shall submit to the Secretary of juris-
diction a report containing such information as the Sec-
retary may require, including information identifying—
(1) how flexibility provided under this Act is 
used to provide assistance to individuals adversely
affected by a Gulf hurricane disaster, including the 
number of such individuals assisted; 
(2) how such individuals were assisted; 
(3) if any staff was sent to an area adversely 
affected by a Gulf hurricane disaster under title II, 
subtitle A; 
(4) specifying how an affected State exercised 
its waiver authority under this Act to assist individ-
uals adversely affected by a Gulf hurricane disaster, 
including waivers received under section 331; 
(5) the amount of funding transferred among 
programs specified in section 331; 
(6) the amount of funding, if any, transferred 
to an affected State under subtitle A of title II and 
how such funds were distributed; 
(7) how additional alternative service providers 
were chosen by such State to provide immediate as-
sistance under subtitle A of title II; and 
(8) the number and location of teachers consid-
ered to be highly qualified for purposes of subse-
quent employment as a teacher by a local edu-
cational agency that hired the teachers due to needs 
created by the enrollment of displaced students 
under section 111.
(b) REPORT TO CONGRESS.—Not later October 30, 
2006, the Secretary shall submit to the Committee on 
Education and the Workforce of the House of Representa-
tives, the Committee on Health, Education, Labor, and 
Pensions of the Senate, and the respective Committees on 
Appropriations the report described in subsection (a), and 
any comments the Secretary may have with respect to 
such report.
Passed the House of Representatives November 16, 
2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 3975
AN ACT 
To ease the provision of services to individuals af-
fected by Hurricanes Katrina and Rita, and for 
other purposes.