on which a determination and notice of noneligibility 
is provided. 
(3) NO
DOUBLE
PAYMENTS.—The Secretary 
shall take appropriate actions to ensure that health 
insurance issuers do not retain double payments in 
instances where businesses or individuals pay pre-
miums for any period for which payments have al-
ready been made under the program under this sec-
tion. 
(e) EMERGENCY PERIOD.—Payments under the pro-
gram under this section shall be made only for premiums 
due during the period beginning on August 28, 2005 and 
expiring 12 months after such date. Prior to the expiration 
of such period, the Secretary may make recommendations 
to Congress regarding any reasonably determined need to 
extend such emergency period. 
(f) NONCANCELLATION
OF
HEALTH
INSURANCE 
COVERAGE.— 
(1) IN GENERAL.—During the 12-month emer-
gency period described in subsection (e), health in-
surance issuers that accept payments under the pro-
gram under this section shall be prohibited from 
canceling or terminating health insurance coverage 
or, in the case of administrative services providers, 
refusing to process claims under a self-insured ar-
rangement. Such health insurance issuers and ad-
ministrative service providers shall be prohibited 
during such period from increasing any amounts due 
pursuant to such coverage or arrangements that 
were not previously scheduled pursuant to a contract 
prior to August 28, 2005. 
(2) NOTIFICATION.—To be eligible to receive 
payments under ths program under this section, a 
health insurance issuer or administrative services 
provider shall notify the Secretary— 
(A) not earlier than 61 days following the 
nonpayment of a scheduled premium payment 
from an individual or business policyholder in a 
Hurricane Katrina disaster area, of the fact of 
such nonpayment (or nonreimbursement of 
claims under a self-insured arrangement); or 
(B) following a communication to the 
health insurance insurer or administrative serv-
ice provider by an individual or business reason-
ably indicating eligibility for assistance under 
such program, of the fact of such communica-
tion. 
(g) EXPEDITED RULEMAKING.—The Secretary shall 
utilize expedited rulemaking procedures to carry out this 
section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000,000 for fiscal year 2006. 
SEC. 332. AUTHORITY TO POSTPONE CERTAIN DEADLINES 
RELATED 
TO 
INDIVIDUAL 
HEALTH 
COV-
ERAGE BY REASON OF PRESIDENTIALLY DE-
CLARED 
DISASTER 
OR 
TERRORISTIC 
OR 
MILITARY ACTION. 
(a) IN GENERAL.—Title XXVII of the Public Health 
Service Act (42 U.S.C. 300gg et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 2793. AUTHORITY TO POSTPONE CERTAIN DEAD-
LINES BY REASON OF PRESIDENTIALLY DE-
CLARED 
DISASTER 
OR 
TERRORISTIC 
OR 
MILITARY ACTION. 
‘‘In the case of a plan offered through the individual 
market, or any health insurance issuer, participant, bene-
ficiary, or other person with respect to such plan, affected 
by a Presidentially declared disaster (as defined in section 
1033(h)(3) of the Internal Revenue Code of 1986) or a 
terrorist or military action (as defined in section 692(c)(2) 
of such Code), the Secretary may, notwithstanding any 
other provision of law, prescribe, by notice or otherwise, 
a period of up to 1 year which may be disregarded in de-
termining the date by which any action is required or per-
mitted to be completed under this title. No plan shall be 
treated as failing to be operated in accordance with the 
terms of the plan solely as a result of disregarding any 
period by reason of the preceding sentence.’’. 
(b) APPLICATION OF AMENDMENT.—The Secretary 
of Health and Human Services shall implement the 
amendment made by subsection (a) in the same manner 
in which the Secretary of Labor implements section 518 
of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1148) with respect to group health plans. 
TITLE IV—HOUSING AND 
COMMUNITY REBUILDING 
SEC. 401. DEFINITIONS. 
For purposes of this title, the following definitions 
shall apply: 
(1) AFFECTED
FAMILY.—The term ‘‘affected 
family’’ means and individual or family that meets 
the following requirements: 
(A) The individual or family resided, on 
August 25, 2005, in any area for which the 
President declared a major disaster or emer-
gency under title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
in connection with Hurricane Katrina of 2005.
(B) The residence of the individual or fam-
ily became uninhabitable or inaccessible as a re-
sult of such major disaster or emergency. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
SEC. 402. PUBLIC HOUSING CAPITAL FUND RESERVES FOR 
EMERGENCIES AND NATURAL DISASTERS. 
(a) AVAILABILITY OF FUNDS SET-ASIDE IN PRE-
VIOUS YEARS.—Notwithstanding any other provision of 
law, any amounts set aside in fiscal years 2003, 2004, and 
2005 for use under section 9(k) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(k)) and remaining 
unobligated on the date of the enactment of this Act shall 
be available for use under such section (not including 
paragraph (4) of such section) for emergencies and other 
disasters occurring in fiscal year 2005, and shall remain 
available until expended. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be 
appropriated for fiscal year 2006 for use under section 
9(k) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(k)), $100,000,000, to remain available until ex-
pended. Any amounts made available pursuant to this sub-
section funds shall be used only for activities conducted
in any area for which the President declared a major dis-
aster or emergency under title IV of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act in con-
nection with Hurricane Katrina. 
SEC. 403. HOPE VI PROGRAM. 
In addition to any other amounts authorized to be 
appropriated under other provisions of law, there is au-
thorized to be appropriated for fiscal year 2006 for grants 
to public housing agencies for demolition, site revitaliza-
tion, replacement housing, and tenant-based assistance 
grants to projects, as authorized under section 24 of the 
United States Housing Act of 1937 (42 U.S.C. 1437v), 
$100,000,000, to remain available until expended. Any 
amounts made available pursuant to this section shall be 
used only for such activities conducted in any area for 
which the President declared a major disaster or emer-
gency under title IV of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act in connection with 
Hurricane Katrina. 
SEC. 404. HOME INVESTMENT PARTNERSHIPS PROGRAM. 
In addition to any other amounts authorized to be 
appropriated under other provisions of law, there is au-
thorized to be appropriated for fiscal year 2006 to carry 
out the HOME Investment Partnership Program, as au-
thorized under title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.), 
$1,000,000,000, to remain available until expended. Any 
amounts made available pursuant to this section shall be 
used only for affordable housing activities conducted in 
any area for which the President declared a major disaster 
or emergency under title IV of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act in connection 
with Hurricane Katrina. 
SEC. 405. COMMUNITY DEVELOPMENT BLOCK GRANT AS-
SISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be 
appropriated for fiscal year 2006 for activities authorized 
under title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.), $1,000,000,00, to 
remain available until expended. 
(b) USE.— 
(1) IN GENERAL.—Any amounts made available 
pursuant to this section shall be used only for dis-
aster relief, long-term recovery, and mitigation in 
communities in any area for which the President de-
clared a major disaster or emergency under title IV 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act in connection with Hurricane
Katrina, except those activities reimbursable by the 
Federal Emergency Management Agency or avail-
able through the Small Business Administration. 
(2) PROJECTS IN PROGRESS.—In the case of 
any project or activity in an area described in para-
graph (1) that was underway before the Presidential 
declaration with respect to such area, the project or 
activity may not be provided any amounts made 
available under this section unless the disaster or 
emergency for which such declaration was made di-
rectly impacted the project. 
(c) ALLOCATION.—Subject to subsection (d), any 
amounts made available pursuant to this section shall be 
awarded by the Secretary of Housing and Urban Develop-
ment to States (including Indian tribes for all purposes 
under this section) to be administered by each State in 
conjunction with its community development block grants 
program. Notwithstanding paragraph (2) of section 
106(d) of the Housing and Community Development Act 
of 1974, States may provide assistance with amounts 
made available under this section to entitlement commu-
nities. 
(d) SUPPLEMENTATION REQUIREMENT.—Each State 
shall provide not less than 10 percent in non-Federal pub-
lic matching funds or its equivalent value (other than ad-
ministrative costs) for any funds allocated to the State 
under this section. 
(e) WAIVER.— 
(1) 
AUTHORITY.—In 
administering 
any 
amounts made available under this section, the Sec-
retary may waive, or specify alternative require-
ments for, any provision of any statute or regulation 
that the Secretary administers in connection with 
the obligation by the Secretary or the use by the re-
cipient of such amounts (except for requirements re-
lated to fair housing, nondiscrimination, labor stand-
ards, and the environment), upon a finding that 
such waiver is required to facilitate the use of such 
amounts, and would not be inconsistent with the 
overall purpose of the statute. The Secretary may 
waive the requirements that activities benefit per-
sons of low and moderate income, except that at 
least 50 percent of the amounts made available 
under this section shall benefit primarily persons of 
low and moderate income unless the Secretary 
makes a finding of compelling need. 
(2) PUBLICATION.—The Secretary shall publish 
in the Federal Register any waiver of any statute or 
regulation authorized under this subsection no later 
than 5 days before the effective date of such waiver.
SEC. 406. CDBG LOAN GUARANTEE PROGRAM. 
In addition to any other amounts authorized to be 
appropriated under other provisions of law, there is au-
thorized to be appropriated for fiscal year 2006 for costs 
(as such term is defined in section 502 of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a) of guarantees 
under section 108 of the Housing and Community Devel-
opment Act of 1974 (42 U.S.C. 5308), $10,000,000, to 
remain available until expended. Any amounts made avail-
able pursuant to this section shall be used only for guaran-
tees for obligations of eligible public entities for financing 
activities conducted in any area for which the President 
declared a major disaster or emergency under title IV of 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act in connection with Hurricane Katrina. 
SEC. 407. YOUTHBUILD PROGRAM. 
In addition to any other amounts authorized to be 
appropriated under other provisions of law, there is au-
thorized to be appropriated for fiscal year 2006 to carry 
out Subtitle D of title IV of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 12899et seq.), 
$200,000,000, to remain available until expended. Any 
amounts made available pursuant to this section shall be 
used only for Youthbuild programs carried out in any area 
for which the President declared a major disaster or emer-
gency under title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act in connection with 
Hurricane Katrina. 
SEC. 408. CAPACITY BUILDING FOR COMMUNITY DEVELOP-
MENT AND AFFORDABLE HOUSING. 
In addition to any other amounts authorized to be 
appropriated under other provisions of law, there is au-
thorized to be appropriated for fiscal year 2006 to carry 
out section 4 of the HUD Demonstration Act of 1993 (42 
U.S.C. 9816 note), $4,500,000, to remain available until 
expended. Any amounts made available pursuant to this 
section shall be used only for capacity-building activities 
for community development corporations or community 
housing development organizations undertaking commu-
nity development or affordable housing activities in any 
area for which the President declared a major disaster or 
emergency under title IV of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act in connection 
with Hurricane Katrina. 
SEC. 409. EMERGENCY RENTAL ASSISTANCE VOUCHERS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary $3,500,000,000 for the Secretary 
to provide 300,000 incremental vouchers for tenant-based 
rental housing assistance under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)).
(b) FAMILY ELIGIBILITY.—Tenant-based assistance 
pursuant to subsection (a) may be provided only on behalf 
of an affected family that is otherwise eligible for assist-
ance under such section 8(o). However, the Secretary and 
the Federal Emergency Management Agency shall permit 
such recipients to accept additional assistance to cover the 
costs of utilities and for other purposes from private or 
not-for-profit groups, without affecting their eligibility. 
(c) ADMINISTRATION.—Notwithstanding any other 
provision of law, the Secretary shall provide that voucher 
assistance provided under this section may be adminis-
tered by faith-based organizations and community devel-
opment corporations that have access to dwelling units in 
connection with which such voucher assistance may be 
used. 
SEC. 410. PROHIBITION OF PLACEMENT OF FAMILIES IN 
SUBSTANDARD DWELLING UNITS. 
Notwithstanding any other provision of law, no finan-
cial assistance may be provided in any form by any agency 
of the Federal Government to provide a temporary or per-
manent residence for an affected family that is uninhabit-
able and unless the dwelling unit complies with the hous-
ing quality standards established pursuant to section 
8(o)(8)(B) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(8)(B)).
SEC. 411. FAIR HOUSING ENFORCEMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be 
appropriated for fiscal year 2006 $10,000,000 for activi-
ties under section 561 of the Housing and Community De-
velopment Act of 1987 (42 U.S.C. 3616a). 
(b) SCOPE OF USE.—Any amounts made available 
pursuant to this section shall be used for activities under 
such section 561 carried out in States affected by Hurri-
cane Katrina or States that the Secretary determines have 
a substantial number of persons who relocated to such 
State as a result of displacement caused by such hurri-
canes. 
(c) ELIGIBLE ACTIVITIES.—Amounts made available 
under this section may be used by the Secretary for costs 
to the Department of Housing and Urban Development 
of hiring and training individuals who are members of af-
fected families or who are unemployed as a result of the 
elimination of a previous employment position due to Hur-
ricane Katrina, to serve in regional offices of the Depart-
ment located in States described in subsection (b) and con-
duct activities under such section 561.
SEC. 412. HOUSING COUNSELING FOR FAMILIES IN TEM-
PORARY SHELTERS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amounts authorized to be appropriated 
under other provisions of law, there is authorized to be 
appropriated for fiscal year 2006 $10,000,000 for assist-
ance under section 106 of the Housing and Urban Devel-
opment Act of 1968 (12 U.S.C. 1701x). 
(b) ELIGIBLE USE.—Any amounts made available 
pursuant to this section shall be used for activities under 
such section 106 to assist affected families living in tem-
porary shelters or other temporary housing situations to 
obtain a permanent residence. 
SEC. 413. AVAILABILITY OF HUD INVENTORY PROPERTIES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall make covered properties 
available for occupancy by eligible families, as provided in 
this section. 
(b) 6-MONTH RESERVATION FOR USE ONLY BY ELI-
GIBLE FAMILIES.— 
(1) REQUIREMENT TO OFFER ONLY TO ELIGI-
BLE FAMILIES.—During the 6-month period begin-
ning on the date of the enactment of this Act, the 
Secretary may not dispose of any covered property 
under any provision of law other than this Act and 
may not offer, or enter into any agreement for dis-
position of, a covered property under any other such 
provision. 
(2) REQUEST AND OCCUPANCY.—If, during the 
period referred to in paragraph (1), an eligible fam-
ily makes a request, in such form as the Secretary 
may require, to occupy a covered property, the Sec-
retary shall, in accordance with the selection criteria 
established pursuant to subsection (d), make the 
covered property available to the eligible family for 
occupancy in accordance with the terms under sub-
section (e). 
(c) CONTINUED AVAILABILITY.— 
(1) AVAILABILITY FOR ELIGIBLE FAMILIES.— 
During the 18-month period that begins upon the 
conclusion of the period under subsection (b)(1), the 
Secretary shall offer each covered property for occu-
pancy by affected families, but, except as provided in 
paragraph (2) of this subsection, may dispose of cov-
ered properties under other applicable provisions of 
law and may offer and enter into agreements for dis-
position of covered properties under such other pro-
visions. 
(2) REQUEST AND OCCUPANCY.—If, during the 
period referred to in paragraph (1), an eligible fam-
ily makes a request, in such form as the Secretary
may require, to occupy a covered property for which 
the Secretary has not entered into any agreement 
for disposition under any other provision of law, the 
Secretary shall, in accordance with the selection cri-
teria established pursuant to subsection (d), make 
the covered property available to the eligible family 
for occupancy in accordance with the terms under 
subsection (e). 
(d) SELECTION CRITERIA.—The Secretary shall es-
tablish criteria to select an eligible family to occupy a cov-
ered property for which more than one family has sub-
mitted such a request. Such criteria shall provide pref-
erence for eligible families having incomes not exceeding 
the median income for the area in which the primary resi-
dence of the family referred to in subsection (g)(2) was 
located. 
(e) OCCUPANCY TERMS.—Occupancy in a covered 
property pursuant to this section shall be subject to the 
following terms: 
(1) 5-YEARS RENT-FREE.—The eligible family 
may reside in the property under the terms of a 
lease (or renewable leases) which shall provide for 
rent-free occupancy, but which in no case may ex-
tend beyond the expiration of the 5-year period be-
ginning upon initial occupancy of the property by 
the family. 
(2) OPTION TO PURCHASE.—At any time dur-
ing the occupancy of a covered property by an eligi-
ble family pursuant to paragraph (1), the eligible 
family may purchase the property from the Sec-
retary at price equal to the lesser of— 
(A) the fair market value of the property 
as of the time of initial occupancy by such fam-
ily, as determined by the Secretary, or 
(B) the fair market value of the property 
as of the time of such purchase, as determined 
by the Secretary, less the cost of any repairs or 
improvements made by the family during occu-
pancy of the property. 
The Secretary shall periodically inform each eligible 
family occupying a covered property of the avail-
ability of the property for purchase under this para-
graph. 
(f) OUTREACH.—The Secretary shall take such ac-
tions as may be appropriate to inform eligible families of 
the availability of covered properties pursuant to this sec-
tion. 
(g) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply:
(1) COVERED PROPERTY.—The term ‘‘covered 
property’’ means any property that— 
(A) is designed as a dwelling for occupancy 
by one to four families; 
(B) was previously subject to a mortgage 
insured under the National Housing Act; and 
(C) is owned by the Secretary pursuant to 
the payment of insurance benefits under such 
Act. 
(2) ELIGIBLE
FAMILY.—The term ‘‘eligible 
family’’ means a person or household whose primary 
residence, as of August 29, 2005— 
(A) was located in an area within which 
the President declared, under the Robert T. 
Stafford Disaster Assistance and Emergency 
Relief Act, a major disaster to have occurred 
pursuant to Hurricane Katrina; and 
(B) was, as a result of Hurricane Katrina, 
destroyed or damaged to such an extent that 
the residence is not habitable. 
SEC. 414. HURRICANE KATRINA MORTGAGE PROTECTION 
FUND. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Federal banking agencies and the appropriate 
State bank supervisors of those States contained in whole
or in part in the Hurricane Katrina disaster area, shall 
establish a program to provide emergency mortgage assist-
ance through the provision of direct mortgage payments 
on behalf of eligible individuals. 
(b) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) CONSUMER
MORTGAGE.—The term ‘‘con-
sumer mortgage’’ means any consumer credit trans-
action (as defined in section 103 of the Truth in 
Lending Act) in which a security interest, including 
any such interest arising by operation of law, is re-
tained or acquired in any property which is used as 
the principal dwelling of the person to whom credit 
is extended. 
(2) CONSUMER
MORTGAGE
PAYMENT.—The 
term ‘‘consumer mortgage payment’’ means the 
scheduled payment on a consumer mortgage for 
principal, interest, and any scheduled deposit in an 
escrow account for the purpose of assuring payment 
of taxes, insurance, or other charges with respect to 
the property securing such consumer mortgage. 
(3) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means an individual— 
(A) who is a citizen, national, or qualified 
alien as defined in section 431(b) of the Per-
sonal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641(b)); 
(B) whose permanent residence as of Au-
gust 28, 2005 was located in a Hurricane 
Katrina disaster area; 
(C) who was a mortgagor on a consumer 
mortgage that was entered into before August 
28, 2005; and 
(D) whose ability to continue meeting the 
consumer mortgage payment obligations under 
the consumer mortgage was severely impaired 
as a result of hurricane-related disruption in a 
Hurricane Katrina disaster area. 
(4) FEDERAL
BANKING
AGENCY
AND
STATE 
BANK
SUPERVISOR.—The terms ‘‘Federal banking 
agency’’ and ‘‘State bank supervisors’’ have the 
meaning given such terms in section 3 of the Fed-
eral Deposit Insurance Act. 
(5) HURRICANE
KATRINA
DISASTER
AREA.— 
The term ‘‘Hurricane Katrina disaster area’’ means 
a parish in the State of Louisiana, a county in the 
State of Mississippi, or a county in the State of Ala-
bama, for which a major disaster has been declared 
in accordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance
100 
Act (42 U.S.C. 5170) as a result of Hurricane 
Katrina and which the President has determined, 
before September 11, 2005, warrants both individual 
and public assistance from the Federal Government 
under such Act. 
(6) SERVICER.—The term ‘‘servicer’’, with re-
spect to a consumer mortgage, has the same mean-
ing as in section 6(i) of the Real Estate Settlement 
Procedures Act of 1974. 
(c) MORTGAGE PAYMENT RELIEF.— 
(1) IN GENERAL.—The Secretary shall design 
and implement the program under subsection (a) in 
a manner that enables eligible individuals to obtain 
assistance with respect to a consumer mortgage to 
be paid by the Secretary on behalf of such individual 
directly to the consumer mortgage servicer. 
(2) LIMITATION.—Subject to paragraph (3), in 
no case shall the value of the assistance provided 
under the program under this section, in the case of 
any eligible individual, exceed 100 percent of the 
total amount of consumer mortgage payments due 
during such period with respect to such individual. 
(3) ENROLLMENT.— 
(A) IN GENERAL.—The Secretary shall es-
tablish an expedited process for the enrollment
101 
of eligible individuals in the program under this 
section. 
(B) DUTY OF SECRETARY UPON RECEIPT 
OF NOTICE.—The Secretary, upon receipt of a 
notice under subsection (f)(1), shall enroll the 
eligible individual involved in the program 
under this section subject to such verification 
procedures as the Secretary may determine to 
be appropriate, consistently with the purposes 
of this section. 
(C) DUTY OF ISSUER.—A consumer mort-
gage servicer shall make a reasonable effort to 
notify an eligible individual— 
(i) of the automatic enrollment of 
such individual in the program under sub-
paragraph (B); 
(ii) that, if it is later determined that 
the ability to continue meeting the con-
sumer mortgage payment obligations of 
such individual under the consumer mort-
gage was not severely impaired as a result 
of hurricane-related disruption in a Hurri-
cane Katrina disaster area (as determined 
subject to a randomized retrospective audit 
process or otherwise), such individual may
102 
be required at a later date to repay the 
program for the total amount of consumer 
mortgage payments made by the Secretary 
on behalf of such individual; and 
(iii) that such individual may elect to 
decline enrollment, or cancel enrollment, in 
the program by notifying the consumer 
mortgage servicer involved. 
(d) RETROSPECTIVE AUDIT AUTHORITY.— 
(1) IN GENERAL.—The Secretary shall provide 
for the application of a randomized retrospective au-
diting process to the program under this section by 
a date that is not earlier than November 1, 2005. 
(2) REPAYMENT OF FUNDS.— 
(A) ACTION BY SECRETARY.—If the Sec-
retary determines, pursuant to the audit proc-
ess under paragraph (1), that an individual 
that was enrolled in the program under this 
section did not meet the eligibility requirements 
provided for in subsection (b), the Secretary 
shall seek the repayment of funds paid on be-
half of such individual. 
(B) TERMS OF REPAYMENT.—Any repay-
ment pursuant to subparagraph (A) shall be 
made with no interest or late penalty to accrue
103 
prior to the commencement of a repayment pe-
riod which shall begin not earlier than the date 
that is 3 months after the date on which a de-
termination and notice of noneligibility is pro-
vided. 
(3) NO
DOUBLE
PAYMENTS.—The Secretary 
shall take appropriate actions to ensure that con-
sumer mortgage servicers do not retain double pay-
ments in instances where individuals make payments 
on a consumer mortgage for any period for which 
payments have already been made under the pro-
gram under this section. 
(e) EMERGENCY PERIOD.—Payments under the pro-
gram under this section shall be made only for consumer 
mortgage payments due during the 1-year period begin-
ning on August 28, 2005. 
(f) NOTICE AND PROHIBITED ACTIONS.— 
(1) NOTIFICATION.—To be eligible to receive 
payments under the program under this section, a 
consumer mortgage servicer shall notify the Sec-
retary— 
(A) not earlier than 31 days following the 
nonpayment of a scheduled consumer mortgage 
payment from an individual in a Hurricane
104 
Katrina disaster area, of the fact of such non-
payment; or 
(B) following a communication to the con-
sumer mortgage servicer by an individual rea-
sonably indicating eligibility for assistance 
under such program, of the fact of such com-
munication. 
(2) PROHIBITED ACTIONS.—During the 1-year 
emergency period described in subsection (e), a con-
sumer mortgage servicer who accept payments under 
the program under this section with respect to any 
consumer mortgage, and any person who makes or 
holds such consumer mortgage (if other than the 
servicer), may not— 
(A) accelerate the maturity of or com-
mence any legal action regarding such a mort-
gage (including mortgage foreclosure to recover 
under such obligation) or take possession of any 
security of the mortgagor for such consumer 
mortgage obligation; or 
(B) increase the annual percentage rate of 
interest with respect to such consumer mort-
gage or impose any other fees or charges with 
respect to such consumer mortgage.
105 
(g) EXPEDITED RULEMAKING.—The Secretary shall 
utilize expedited rulemaking procedures to carry out this 
section. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for fiscal year 2006 to carry out the purposes of 
this section. 
SEC. 415. HOUSING PRIORITY FOR MILITARY PERSONNEL. 
(a) PRIORITY.—During the 12-month period begin-
ning on the date of the enactment of this Act, priority 
shall be given, under any covered housing program, to pro-
viding assistance under the program on behalf of any 
member of the Armed Forces (and on behalf of the mem-
bers of the household of such member) that is an affected 
family and who has served, or is serving, on active duty 
in Iraq during Operation Iraqi Freedom or in Afghanistan 
during Operation Enduring Freedom. Such priority shall 
be afforded without respect to whether the member of the 
Armed Forces is on such active duty or not. 
(b) COVERED HOUSING PROGRAMS.—For purposes 
of this section, a covered housing program is— 
(1) a program of the Federal Emergency Man-
agement Agency or any other agency of the Federal 
Government that provides housing or housing assist-
ance; or
106 
(2) a program of any agency of any State or 
local government, or of any nongovernmental organi-
zation, that— 
(A) provides housing or housing assistance; 
and 
(B) is funded, in whole or in part, with 
any amounts from the Federal Government. 
TITLE V—EDUCATION 
PROVISIONS 
Subtitle A—General Provisions 
SEC. 501. DEFINITIONS. 
In this title: 
(1) The term ‘‘child’’ means any person within 
the age limits for which the State in which the per-
son is located provides free public education. 
(2) The term ‘‘elementary school’’ has the 
meaning given such term in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(3) The term ‘‘impacted local educational agen-
cy’’ means a local educational agency serving an 
area for which, due to Hurricane Katrina, 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).
107 
(4) The term ‘‘local educational agency’’ has 
the meaning given such term in section 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(5) The terms ‘‘pupil services’’ and ‘‘pupil serv-
ices personnel’’ have the meanings given such terms 
in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(6) The term ‘‘relocated student’’ means a child 
who— 
(A) is a homeless child or youth as those 
terms are used in the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11421 et seq.); 
(B) but for Hurricane Katrina, would be 
enrolled in an elementary school or secondary 
school in an area for which, due to the hurri-
cane, a major disaster has been declared in ac-
cordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.); and 
(C) because of Hurricane Katrina— 
(i) is unable to access the education 
and related services that the child other-
wise would be receiving at such school; and
108 
(ii) is enrolled at a public elementary 
school or secondary school in a different 
geographical location in a State. 
(7) The term ‘‘secondary school’’ has the mean-
ing given such term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(8) The term ‘‘State’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
Subtitle B—Early Childhood 
Programs Assistance 
PART 1—EMERGENCY FUNDING FOR CONTINU-
ATION OF SERVICES UNDER CHILD CARE 
AND DEVELOPMENT BLOCK GRANT ACT OF 
1990 
SEC. 511. EMERGENCY ASSISTANCE FOR SERVICES UNDER 
CHILD CARE AND DEVELOPMENT BLOCK 
GRANT ACT OF 1990. 
The Secretary of Health and Human Services may 
make grants directly to eligible child care providers located 
in the States of Louisiana, Mississippi, and Alabama that 
provided before August 22, 2005, child care services under 
the Child Care and Development Block Grant Act of 1990, 
for the purpose of enabling such providers, on a transi-
109 
tional basis at new locations in such States, to continue 
to provide such services. Such grants may be used for any 
purpose authorized by such Act as well as to purchase sup-
plies and materials, to provide transportation, to lease or 
purchase temporary space in facilities, and to rehabilitate 
or construct facilities for the purpose of providing such 
services. 
SEC. 512. AUTHORIZATION OF APPROPRIATIONS. 
There 
is 
authorized 
to 
be 
appropriated 
$1,000,000,000 in the aggregate for fiscal years 2006, 
2007, and 2008 to carry out this part. 
PART 2—WAIVER AUTHORITY TO PROVIDE SERV-
ICES UNDER CHILD CARE AND DEVELOP-
MENT BLOCK GRANT ACT OF 1990 
SEC. 521. WAIVER AUTHORITY TO EXPAND THE AVAIL-
ABILITY OF SERVICES UNDER CHILD CARE 
AND DEVELOPMENT BLOCK GRANT ACT OF 
1990. 
(a) AUTHORITY.—For such period (ending not later 
than June 30, 2006), and to such extent as the Secretary 
of Health and Human Services considers to be appro-
priate, the Secretary may waive the provisions described 
in subsection (b) for any area with respect to which the 
President has determined that an emergency, or a major 
disaster, as defined in section 102 of the Robert T. Staf-
110 
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122), exists, related to Hurricane Katrina, for the 
purpose of providing child care services to children or-
phaned, or of families displaced, as a result of Hurricane 
Katrina. 
(b) PROVISIONS.—The provisions referred to in sub-
section (a) are provisions of the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)— 
(1) relating to income limitations on eligibility 
to receive child care services for which assistance 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) requiring the application of section 658G of 
such Act to States in which an area described in 
subsection (a) is located; 
(4) requiring a copayment or other cost sharing 
by the families that receive child care services for 
which assistance is provided under such Act; and 
(5) preventing children designated as evacuees 
from receiving priority for child care services for 
which assistance is provided under such Act, except 
that children residing in an area and currently re-
ceiving services on August 22, 2005, shall not lose
111 
such services in order to accommodate evacuee chil-
dren. 
SEC. 522. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to provide for 
child care services for children and families described in 
section 
521(a) 
as 
provided 
for 
in 
section 
521, 
$112,000,000 for fiscal year 2006. 
PART 3—EMERGENCY FUNDING FOR 
CONTINUATION OF HEAD START SERVICES 
SEC. 531. EMERGENCY ASSISTANCE FOR HEAD START 
SERVICES. 
The Secretary of Health and Human Services may 
make grants directly to Head Start agencies located in the 
States of Louisiana, Mississippi, and Alabama that pro-
vided before August 22, 2005, Head Start services under 
the Head Start Act, for the purpose of enabling such agen-
cies, on a transitional basis at new locations in such 
States, to continue to provide such services. Such grants 
may be used for any purpose authorized by such Act as 
well as to purchase supplies and materials, to provide 
transportation, to lease or purchase temporary space in 
facilities, and to rehabilitate or construct facilities for the 
purpose of providing such services.
112 
SEC. 532. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $150,000,000 
in the aggregate for fiscal years 2006, 2007, and 2008 
to carry out this part. 
PART 4—WAIVER AUTHORITY TO PROVIDE HEAD 
START SERVICES 
SEC. 541. WAIVER AUTHORITY TO EXPAND THE AVAIL-
ABILITY OF HEAD START SERVICES. 
(a) INCOME
ELIGIBILITY
AND
DOCUMENTATION 
WAIVERS.—The Secretary of Health and Human Services 
shall waive requirements of income eligibility and docu-
mentation for children affected by Hurricane Katrina who 
participate in Head Start programs and Early Head Start 
programs funded under the Head Start Act. 
(b) WAIVER.—For such period up to June 30, 2006, 
and to such extent as the Secretary of Health and Human 
Services considers to be appropriate, the Secretary may 
waive section 640(b) of the Head Start Act for Head Start 
agencies located in an area affected by Hurricane Katrina 
and other affected Head Start agencies. 
SEC. 542. TECHNICAL ASSISTANCE, GUIDANCE, AND RE-
SOURCES. 
The Secretary shall provide technical assistance, 
guidance, and resources through the Region 4 and Region 
6 offices of the Administration for Children and Families 
(and may provide technical assistance, guidance, and re-
113 
sources through other regional offices of the Administra-
tion, at the request of such offices, that administer im-
pacted Head Start agencies) to Head Start agencies in 
areas in which a major disaster has been declared, and 
to impacted Head Start agencies, to assist the agencies 
involved in providing Head Start services to children af-
fected by Hurricane Katrina. 
Subtitle C—Relief for Elementary 
and Secondary Schools 
SEC. 551. EDUCATION AND PUPIL SERVICES FOR ELEMEN-
TARY AND SECONDARY STUDENTS RELO-
CATED BECAUSE OF HURRICANE KATRINA. 
(a) IN GENERAL.—From funds appropriated under 
this section, the Secretary of Education shall make grants 
to local educational agencies for fiscal years 2005 and 
2006 for the purpose of facilitating the enrollment, attend-
ance, and success in public elementary and secondary 
schools of relocated students. 
(b) MAXIMUM
GRANT
AMOUNT.—The maximum 
amount of the grant a local educational agency may re-
ceive under this section for any fiscal year is— 
(1) the number of relocated students in the geo-
graphic area served by the local educational agency, 
as determined by the Secretary; multiplied by 
(2) $8,305.
114 
(c) USE
OF FUNDS.—Local educational agencies 
shall use funds received under this section for education 
and pupil services for relocated students who are enrolled 
in public schools served by the agency. Such services may 
include the following: 
(1) Outreach to families affected by Hurricane 
Katrina in order to facilitate such families in enroll-
ing relocated students in school. 
(2) Hiring additional teachers, paraprofes-
sionals, and pupil services personnel required due to 
the enrollment of such students. 
(3) Procurement of additional equipment and 
classroom supplies required due to the enrollment of 
such students. 
(4) Procurement of additional classroom space 
required due to the enrollment of such students. 
(5) Transportation services provided to such 
students. 
(6) Counseling and other mental health services 
for such students. 
(d) APPLICATION.—To seek a grant under this sec-
tion, a local educational agency shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably 
require.
115 
(e) SCHOOL LUNCHES.—Notwithstanding any other 
provision of law, a relocated student is deemed eligible for 
free lunches under section 9(b) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758(b)). 
(f) REPORTS.—Not later than 6 months after the 
date of the enactment of this Act, and every 6 months 
thereafter, the Secretary of Education shall submit reports 
to the appropriate committees of the Congress concerning 
the implementation of this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal years 2005 and 
2006. Amounts made available under the preceding sen-
tence for fiscal year 2005 shall remain available for ex-
penditure during fiscal year 2006. 
SEC. 552. IMMEDIATE AID TO RESTART PUBLIC SCHOOL OP-
ERATIONS. 
(a) GRANTS.—The Secretary of Education shall 
award grants to impacted local educational agencies for 
the purposes of— 
(1) providing immediate and direct assistance 
to impacted local educational agencies; 
(2) assisting administrators and other personnel 
in such agencies who are working to restart public
116 
elementary school and secondary school operations; 
and 
(3) facilitating the reopening of public elemen-
tary schools and secondary schools served by such 
agencies and the reenrollment of students in such 
schools as soon as possible. 
(b) AMOUNT.—The Secretary shall determine the 
amount of an impacted local educational agency’s grant 
under this section based upon the agency’s need for funds 
to fulfill the purposes described in subsection (a). 
(c) USE
OF FUNDS.—Each impacted local edu-
cational agency that receives a grant under this section 
shall use the grant to restart public elementary school and 
secondary school operations and resume the instruction 
that was halted as a result of Hurricane Katrina, which 
uses may include— 
(1) recovery of student and personnel data and 
other information; 
(2) replacement of school district information 
systems, including longitudinal data systems, includ-
ing hardware and software; 
(3) financial operations; 
(4) damage assessments, decontamination, and 
refurbishment in the agency’s school and administra-
tion buildings;
117 
(5) rental of portable classroom units and facili-
ties; 
(6) replacement of instructional materials and 
equipment; 
(7) redeveloping instructional plans; 
(8) student transportation services; 
(9) continued payment of salaries and benefits 
to teachers and other staff; and 
(10) such other activities as may be necessary 
to fulfill the purposes described in subsection (a), in-
cluding activities authorized by title I of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) and parts B and C of the Indi-
viduals with Disabilities Act (20 U.S.C. 1411 et 
seq.). 
(d) APPLICATION.—To seek a grant under this sec-
tion, an impacted local educational agency shall submit an 
application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may rea-
sonably require. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$4,000,000,000 for fiscal year 2006 and such sums as are 
necessary for fiscal year 2007.
118 
SEC. 553. GRANTS FOR LEA’S SERVING RELOCATED CHIL-
DREN WITH DISABILITIES. 
(a) GRANTS.—The Secretary shall make grants to 
local educational agencies for the purpose of assisting pub-
lic elementary schools and secondary schools in such agen-
cies to provide special education and related services to 
students with disabilities who are relocated students in ac-
cordance with parts B and C of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1411 et seq.). 
(b) MAXIMUM AMOUNT.—The maximum amount of 
a grant to a local educational agency under this section 
for any fiscal year shall be— 
(1) the amount that is 40 percent of the aver-
age per-pupil expenditure in public elementary 
schools and secondary schools in the United States; 
multiplied by 
(2) the number of students with disabilities de-
scribed in subsection (a) who— 
(A) are receiving special education and re-
lated services from the agency; and 
(B) are— 
(i) 3 through 5 years of age if the 
State in which the agency is located is eli-
gible for a grant under section 619 of the 
Individuals with Disabilities Education Act 
(20 U.S.C. 1419); or
119 
(ii) 6 through 21 years of age. 
(c) USE OF FUNDS.—A local educational agency that 
receives funds under this section may use such funds, with 
respect to students with disabilities who are relocated stu-
dents, for any purpose authorized under part B or C of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1411 et seq.). 
(d) APPLICATION.—To seek a grant under this sec-
tion, a local educational agency shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably 
require. 
(e) RELATION TO IDEA.—Subject to any waivers 
granted by the Secretary, a local educational agency that 
receives funds under this section shall be subject to the 
same provisions that would apply to the receipt of such 
funds under part B or C of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1411 et seq.), except that 
this section shall not be interpreted to grant the Secretary 
any new waiver authority. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$250,000,000 for fiscal year 2006 and such sums as may 
be necessary for fiscal year 2007.
120 
SEC. 554. ASSISTANCE FOR HOMELESS YOUTH. 
(a) IN GENERAL.—The Secretary of Education shall 
provide assistance to local educational agencies serving 
homeless children and youths (as those terms are used in 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11421 et seq.)) who are relocated students, consistent with 
section 723 of such Act (42 U.S.C. 11433), including 
identification, enrollment assistance, assessment and 
school placement assistance, transportation, coordination 
of school services, supplies, and referrals for health, men-
tal health, and other needs. 
(b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 
(1) EXCEPTION.—For purposes of providing as-
sistance under subsection (a), subsections (c) and 
(e)(1) of section 722 and subsections (b) and (c) of 
section 723 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) 
and (c)) shall not apply. 
(2) DISBURSEMENT.—The Secretary of Edu-
cation shall disburse funding provided under sub-
section (a) to State educational agencies based on 
need, as determined by the Secretary, and such 
State educational agencies shall distribute funds to 
local educational agencies based on demonstrated 
need, for the purposes of carrying out section 723
121 
of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11433). 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$50,000,000 for fiscal year 2006. 
SEC. 555. GRANTS FOR ACTIVITIES AT COMMUNITY LEARN-
ING CENTERS. 
(a) GRANTS.—The Secretary shall make grants to eli-
gible entities for the purpose of assisting such entities to 
carry out activities authorized by part B of title IV of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7171 et seq.). 
(b) ELIGIBLE ENTITY.—In this section, the term ‘‘el-
igible entity’’ means an eligible entity (as that term is de-
fined in section 4201 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171)) in a geo-
graphical area served by an impacted local educational 
agency or by a local educational agency that enrolls relo-
cated students. 
(c) MAXIMUM AMOUNT.—The maximum amount of 
a grant to an eligible entity under this section for any fis-
cal year shall be— 
(1) the number of additional students expected 
to be served by the entity as a result of Hurricane 
Katrina; multiplied by
122 
(2) $1000. 
(d) USE
OF FUNDS.—An eligible entity receiving 
funds under this section may use such funds for any pur-
pose authorized under part B of title IV of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7171 
et seq.). 
(e) APPLICATION.—To seek a grant under this sec-
tion, an eligible entity shall submit an application at such 
time, in such manner, and containing such information as 
the Secretary may reasonably require. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$400,000,000 for fiscal year 2006 and such sums as may 
be necessary for fiscal year 2007. 
SEC. 556. GRANTS FOR CONSTRUCTION, MODERNIZATION, 
OR REPAIR OF SCHOOL FACILITIES. 
(a) GRANTS.—The Secretary of Education shall 
make grants to impacted local educational agencies and 
to local educational agencies that enroll relocated students 
for the purpose of constructing, modernizing, or repairing 
public kindergarten, elementary, and secondary edu-
cational facilities, including the appropriate portion of 
shared-use facilities, that are safe, healthy, and tech-
nology-ready.
123 
(b) ALLOWABLE USES OF FUNDS.—A grant under 
this section may be used for the following: 
(1) Construction of new public school facilities 
that ensure the health and safety of students and 
staff, are energy-efficient, and include up-to-date 
educational 
technology 
infrastructure, 
including 
where such construction is economically or otherwise 
more feasible than large scale modernization or re-
pair of existing facilities. 
(2) Repair or modernization of public school fa-
cilities to ensure the health and safety of students 
and staff, including— 
(A) repairing, replacing, or installing roofs, 
electrical wiring, plumbing systems, sewage sys-
tems, windows, or doors; 
(B) repairing, replacing, or installing heat-
ing, ventilation, or air conditioning systems (in-
cluding insulation); and 
(C) bringing public schools into compliance 
with fire and safety codes. 
(3) Upgrading or installation of educational 
technology infrastructure to ensure that students 
have access to up-to-date educational technology. 
(4) Upgrading school facilities to make them 
energy-efficient.
124 
(5) Modifications necessary to make public 
school facilities accessible to comply with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), except that such modifica-
tions shall not be the primary use of the grant. 
(6) Asbestos abatement or removal from public 
school facilities. 
(7) Implementation of measures designed to re-
duce or eliminate human exposure to lead-based 
paint hazards though methods including interim con-
trols, abatement, or a combination of each. 
(c) APPLICATION FOR GRANT.— 
(1) APPLICATIONS REQUIRED.—To seek a grant 
under this section, a local educational agency shall 
submit an application to the Secretary as such time, 
in such manner, and containing such information as 
the Secretary may reasonably require. 
(2) APPLICATION CONTENTS.—Each application 
described in paragraph (1) shall contain— 
(A) an assurance that the application was 
developed in consultation with parents and 
classroom teachers, to the extent practicable;
125 
(B) a description of the overall condition of 
the local educational agency’s school facilities, 
including health and safety problems; 
(C) a description of the capacity of the 
local educational agency’s schools to house cur-
rent and projected enrollments; 
(D) a description of the improvements to 
be supported with funds provided under this 
section; 
(E) a cost estimate of the proposed im-
provements; 
(F) an identification of other resources 
that are available to carry out the activities for 
which funds are requested under this section; 
(G) in the case of a local educational agen-
cy that proposes to fund a construction, renova-
tion, or repair project for one or more public 
charter schools, the extent to which the schools 
have access to funding for the project through 
the financing methods available to other public 
schools or local educational agencies in the 
State; and 
(H) such other information and assurances 
as the Secretary may reasonably require.
126 
(d) SPECIAL RULE.—Each local educational agency 
receiving a grant under this section shall ensure that, if 
the agency carries out construction, modernization, or re-
pair through a contract, the process for any such contract 
ensures the maximum number of qualified bidders, includ-
ing small, minority, and women-owned businesses, through 
full and open competition. 
(e) FAIR WAGES.—All laborers and mechanics em-
ployed by contractors or subcontractors in the perform-
ance of any contract or subcontract for the repair, mod-
ernization, alteration, or construction, including painting 
and decorating, of any building or work that is financed 
in whole or in part by a grant under this section shall 
be paid wages not less than those determined by the Sec-
retary of Labor in accordance with sections 3141 through 
3144 and 3146 of title 40, United States Code (commonly 
known as the Davis-Bacon Act). The Secretary of Labor 
shall have the authority and functions set forth in Reorga-
nization Plan No. 14 of 1950 (15 FR 3176; 64 Stat. 
1267) and section 3145 of title 40, United States Code 
(commonly known as the Copeland Anti-Kickback Act). 
Notwithstanding any other provision of law, this section 
may not be waived or suspended. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated
127 
such sums as may be necessary for each of fiscal years 
2006 and 2007. 
SEC. 557. KATRINA TEACHERS INCENTIVE PROGRAM. 
(a) IN GENERAL.—The Secretary shall make grants 
to impacted local educational agencies for each of fiscal 
years 2005 and 2006 for the purpose of assisting such 
agencies— 
(1) to recruit new teachers and paraprofes-
sionals; and 
(2) to return teachers and paraprofessionals 
previously employed by the agencies to the class-
room. 
(b) USE OF FUNDS.—To achieve the purpose de-
scribed in subsection (a), an impacted local educational 
agency that receives a grant under this section shall use 
the grant for one or more of the activities specified in sec-
tion 2123 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6623). 
(c) APPLICATION.—To seek a grant under this sec-
tion, an impacted local educational agency shall submit an 
application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may rea-
sonably require. 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated
128 
such sums as may be necessary for fiscal years 2005 and 
2006. 
SEC. 558. EXPEDITED APPLICATIONS FOR TEACHER RE-
CRUITMENT GRANTS. 
Section 204(c) of the Higher Education Act of 1965 
(20 U.S.C. 1024(c)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of an eligible applicant located 
in an area in which the President has declared that 
a major disaster exists, in accordance with section 
401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), a re-
quest that the Secretary review the application in an 
expedited manner.’’. 
SEC. 559. USE OF GRANT FUNDS FOR MAJOR DISASTERS. 
Section 204(d) of the Higher Education Act of 1965 
(20 U.S.C. 1024(d)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1)(C);
129 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) in the case of an eligible applicant located 
in an area in which the President has declared that 
a major disaster exists, in accordance with section 
401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), such 
applicant shall use the grant funds to provide stu-
dent loan forgiveness, housing assistance, and other 
services that will provide incentives for highly quali-
fied teachers and administrators to remain in or re-
locate to the area affected by such major disaster.’’. 
Subtitle D—Relief for Institutions 
of Higher Education 
SEC. 561. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—The Congress finds the following: 
(1) Approximately 30 institutions of higher edu-
cation in the Gulf Coast region, serving approxi-
mately 100,000 students, directly sustained damage 
from Hurricane Katrina. 
(2) The approximately 30 institutions of higher 
education in the Gulf Coast region impacted by Hur-
130 
ricane Katrina employed approximately 30,000 fac-
ulty, administrators, and staff. 
(3) Revitalizing institutions of higher education 
in the Gulf Coast region will be a vital element in 
attracting middle and upper income families back to 
the Gulf Coast region, and in ensuring sustained 
economic recovery for the region’s lower income fam-
ilies. 
(4) Revitalizing the Gulf Coast economy will de-
pend on providing a highly skilled workforce. 
(5) The return of qualified academic profes-
sionals and administrators is a vital element in the 
revitalization of affected institutions of higher edu-
cation in the Gulf Coast region. 
(6) Students from throughout the Nation who 
attend institutions of higher education in the Gulf 
Coast region, and their families, contribute signifi-
cantly to the local economy. 
(7) Many of the scientific, health, technology, 
and cultural industries of the Gulf Coast region are 
dependant on local institutions of higher education. 
(8) Hundreds of other institutions of higher 
education throughout America and their students 
are accommodating victims of Hurricane Katrina.
131 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the assistance provided under this subtitle to 
revitalize affected institutions of higher education in the 
Gulf Coast region is a first step toward revitalizing and 
restoring the economic, social, and cultural prosperity of 
the entire Gulf Coast region. 
SEC. 562. INSTITUTIONAL GRANTS FOR RECRUITMENT AND 
RETENTION. 
(a) PURPOSE.—The purpose of this section is to sup-
port affected institutions of higher education in their ef-
forts to revitalize their communities following Hurricane 
Katrina. 
(b) PROGRAM AUTHORIZED.— 
(1) AUTHORITY.—The Secretary shall award 
grants to institutions of higher education adversely 
affected by the Hurricane Katrina disaster to assist 
the affected institutions in recruiting and retaining 
students and retaining faculty. The Secretary shall 
award grants under this section as soon as possible, 
but no later than 6 months after the date of the en-
actment of this Act. 
(2) 
DURATION; 
LIMITATION.—Each 
grant 
awarded to an affected institution under this section 
shall be awarded for a period of 5 years, and may
132 
not be renewed. An affected institution may not re-
ceive more than one grant under this section. 
(3) USE OF FUNDS.— 
(A) AID TO STUDENTS.—Not less than 50 
percent of the funds made available by a grant 
under this section shall be used by an affected 
institution to provide need-based aid to students 
attending the affected institution for academic 
year 2005–2006 and each of the 4 succeeding 
academic years, for purposes of attracting new 
and returning students to enroll in such af-
fected institution. Such need-based aid may in-
clude— 
(i) assisting enrolled students with 
tuition, fees, and textbook expenses; 
(ii) employing enrolled students to as-
sist in rebuilding facilities of the affected 
institution; 
(iii) providing room and board assist-
ance for enrolled students living on cam-
pus; 
(iv) attracting and retaining first-gen-
eration students, minority students, and 
other at-risk or underserved populations;
133 
(v) creating innovative work and study 
incentives for enrolled students; and 
(vi) any other aid deemed necessary 
by the institution and approved by the Sec-
retary. 
(B) 
INCENTIVES
FOR
FACULTY.—Not 
more than 50 percent of the funds made avail-
able by a grant under this section shall be used 
by an affected institution to provide incentives 
for faculty employed by an affected institution 
to remain in the Gulf Coast region at such af-
fected institution or, if such affected institution 
is unable to continue to employ such faculty, at 
another affected institution. Such incentives 
may include— 
(i) employing returning faculty to as-
sist in rebuilding facilities of the affected 
institution; 
(ii) developing and providing tem-
porary housing for returning faculty and 
their dependents who have been displaced 
from their homes; 
(iii) continuing salaries and health 
benefits for returning faculty for up to one 
year;
134 
(iv) providing tuition assistance for 
returning faculty and their dependents; 
(v) creating innovative work and re-
search incentives for returning faculty; and 
(vi) any other incentives deemed nec-
essary by the institution and approved by 
the Secretary. 
(C) 
INSTITUTIONAL
PROMOTION.—Not 
more than 5 percent of the funds made avail-
able by a grant under this section shall be used 
by an affected institution to promote the insti-
tution at job and college fairs, and through the 
media. 
(4) PREVAILING WAGES.—Wages paid, for pur-
poses of rebuilding an affected institution’s facilities 
under paragraph (3)(A)(ii) or paragraph (3)(B)(i), 
to students or faculty in whole or in part with grant 
funds received under this section for employment as 
laborers, mechanics, or service employees shall be 
paid at rates not less than those prevailing in the lo-
cality as determined by the Secretary of Labor in ac-
cordance with sections 3141, 3142, and 3145 of title 
40, United States Code, or section 351 of title 41, 
United States Code, as the case may be. Notwith-
standing any other provision of law, the require-
135 
ments of this paragraph shall not be waived or sus-
pended. 
(c) APPLICATIONS.—An institution of higher edu-
cation desiring a grant under this section shall submit an 
application to the Secretary within 90 days of the date 
of enactment of this Act, in such manner and accompanied 
by such information as the Secretary may require. Each 
application shall— 
(1) demonstrate that the institution is an af-
fected institution as defined in section 566; 
(2) specify the amount of grant funds re-
quested; 
(3) demonstrate the need of the institution for 
such grant by including in the application— 
(A) evidence that, as a result of a Hurri-
cane Katrina disaster, the institution suffered a 
direct and significant economic impact and a 
decline in student enrollment, hindering the in-
stitution’s ability to continue full operation; 
(B) evidence that, as a result of a Hurri-
cane Katrina disaster, the institution lost re-
sources necessary to retain faculty, hindering 
the institution’s ability to continue full oper-
ation;
136 
(C) an assessment of damage to the infra-
structure of the institution as a result of a Hur-
ricane Katrina disaster; 
(D) information regarding additional needs 
created by a Hurricane Katrina disaster; and 
(E) other relevant data; and 
(4) contain a description of the institution’s 
plan to carry out the purposes of this section. 
(d) PRIORITY.—The Secretary shall give priority in 
awarding grants under this section to affected institutions 
most in need, as determined by the Secretary. 
(e) REPORTING REQUIREMENTS; REVIEWS.— 
(1) REPORTS.—Each affected institution receiv-
ing a grant under this section shall report to the 
Secretary no later than September 30 of each year 
of the 5-year period for which the grant is awarded. 
(2) CONTENTS.—The report shall include— 
(A) data on the populations served under 
this section; 
(B) a description of the use of the grant 
funds received under this section, including a 
description of programs developed with such 
funds; 
(C) a financial statement accounting for 
the use of the grant funds; and
137 
(D) data on the impact of the grant on en-
rollment and retention at the institution, includ-
ing data on the numbers and percentages of 
new and returning students, and the number 
and percentage of faculty that have been re-
tained. 
(3) REVIEWS.—The Secretary shall conduct 
periodic reviews to ensure that grant funds are being 
properly managed, and that the programs using 
such funds are achieving their intended outcomes. 
(f) AVAILABILITY OF FUNDS.—There shall be avail-
able to the Secretary to carry out this section, from funds 
not otherwise appropriated, $3,000,000,000 for fiscal year 
2006, which shall remain available through fiscal year 
2010. 
SEC. 563. LOAN FORGIVENESS. 
(a) STATEMENT OF PURPOSE.—The purpose of this 
section is to encourage students to continue attending, and 
to earn degrees from, affected institutions of higher edu-
cation. 
(b) PROGRAM AUTHORIZED.—The Secretary shall 
carry out a program, through the holder of the loan, of 
assuming the obligation to repay a qualified loan amount 
for a loan made under part B of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1040), and of canceling
138 
the obligation to repay a qualified loan amount for a loan 
made under part D or E of such title IV, in accordance 
with subsection (c), for any borrower, who— 
(1) returns to or enrolls in an affected institu-
tion of higher education in academic year 2005– 
2006, 2006–2007, or 2007–2008; 
(2) obtains an associate’s degree or a bachelor’s 
degree from such institution; and 
(3) is not in default on a loan for which the 
borrower seeks forgiveness. 
(c) QUALIFIED LOAN AMOUNT.— 
(1) ASSOCIATE’S DEGREE.—Upon completion of 
an associate’s degree from an affected institution, 
the Secretary shall repay— 
(A) in the case of a full-time student, 
$2,500 for each academic year of enrollment at 
such affected institution; or 
(B) in the case of a student enrolled less 
than full-time, $2,500 for the equivalent of one 
academic year of enrollment as a full-time stu-
dent at such affected institution, as determined 
by the Secretary; 
not to exceed $5,000.
139 
(2) BACHELOR’S DEGREE.—Upon completion of 
a bachelor’s degree from an affected institution, the 
Secretary shall repay— 
(A) in the case of a full-time student, 
$2,500 for each academic year of enrollment at 
such affected institution; or 
(B) in the case of a student enrolled less 
than full-time, $2,500 for the equivalent of one 
academic year of enrollment as a full-time stu-
dent at such affected institution, as determined 
by the Secretary; 
not to exceed $10,000. 
(3) LIMITATION.—The Secretary shall repay 
not more than the total outstanding Federal loan ob-
ligation of the student, or $10,000, whichever is less. 
(4) PREVENTION OF ABUSE.—The Secretary is 
authorized to issue such regulations as may be nec-
essary to prevent borrowers from receiving repay-
ment under this section for an excessive period of 
enrollment in comparison to the enrollment period 
which the Secretary determines is appropriate to ob-
tain an associate’s or a bachelor’s degree. 
(5) ACADEMIC
YEAR
OF
ENROLLMENT.—For 
the purpose of calculating loan repayment under this 
section, the term ‘‘academic year of enrollment’’
140 
means the academic year in which an affected insti-
tution reopens, or any subsequent academic year. 
(d) PRIORITY.—The Secretary shall give priority in 
awarding grants under this section to students most in 
need, as determined by the Secretary. 
(e) CONSTRUCTION.—Nothing in this section shall be 
construed to authorize any refunding of any repayment 
of a loan. 
(f) AVAILABILITY OF FUNDS.—There shall be avail-
able to the Secretary to carry out this section, from funds 
not otherwise appropriated, $1,600,000,000 for fiscal year 
2006, which shall remain available through fiscal year 
2013. 
SEC. 564. REGULATIONS. 
The Secretary is authorized to issue such regulations 
as may be necessary to carry out the provisions of this 
subtitle. 
SEC. 565. EMERGENCY DESIGNATIONS. 
Sections 562 and 563 are designated as emergency 
requirements pursuant to section 402 of H. Con. Res. 95 
(109th Congress). 
SEC. 566. DEFINITIONS. 
For the purposes of this subtitle: 
(1) AFFECTED
INSTITUTION.—The term ‘‘af-
fected institution’’ means an institution of higher
141 
education (as defined in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002))— 
(A) located in an area affected by a Hurri-
cane Katrina disaster; and 
(B) that was forced to close, relocate, or 
significantly curtail its activities as a result of 
damage directly sustained by a Hurricane 
Katrina disaster. 
(2) FACULTY.—The term ‘‘faculty’’ means aca-
demic professionals, administrators, and staff em-
ployed by an affected institution as of August 29, 
2005. 
(3) HURRICANE KATRINA DISASTER.—The term 
‘‘Hurricane Katrina disaster’’ means a major dis-
aster that the President declared to exist, in accord-
ance with section 401 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5170), and that was caused by Hurricane 
Katrina. 
(4) AREA AFFECTED BY A HURRICANE KATRINA 
DISASTER.—The term ‘‘area affected by a Hurricane 
Katrina disaster’’ means a county or parish, in an 
affected State, that has been designated by the Fed-
eral Emergency Management Agency for disaster as-
142 
sistance for individuals and households as a result of 
Hurricane Katrina. 
(5) AFFECTED
STATE.—The term ‘‘affected 
State’’ means the State of Alabama, Louisiana, or 
Mississippi. 
TITLE VI—VOTING RIGHTS 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Displaced Citizens 
Voter Protection Provisions of 2005’’. 
SEC. 602. APPLICABILITY OF PROTECTIONS FOR ABSENT 
MILITARY 
AND 
OVERSEAS 
VOTERS 
TO 
KATRINA EVACUEES. 
(a) RIGHT OF KATRINA EVACUEES TO USE ABSEN-
TEE
BALLOTING
AND
REGISTRATION
PROCEDURES 
AVAILABLE TO MILITARY AND OVERSEAS VOTERS.—In 
the case of any individual who is an eligible Hurricane 
Katrina evacuee— 
(1) the individual shall be treated in the same 
manner as an absent uniformed services voter and 
overseas voter for purposes of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.), other than section 103(b)(1) (42 
U.S.C. 1973ff–2(b)(1)); and 
(2) the individual shall be deemed to be an indi-
vidual who is entitled to vote by absentee ballot for