SEC. 104. AUTHORITY TO WAIVE REQUIREMENTS DURING 
NATIONAL EMERGENCIES WITH RESPECT TO 
EVACUEES FROM AN EMERGENCY AREA. 
(a) IN GENERAL.—Section 1135(g)(1) of the Social 
Security Act (42 U.S.C. 1320b–5(g)(1)) is amended by 
adding at the end the following: 
‘‘Any geographical area in which the Secretary de-
termines there are a significant number of evacuees 
from an area that is considered to be an emergency 
area under the preceding sentence shall be consid-
ered to be an ‘emergency area’ for purposes of this 
section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if enacted on August 
28, 2005. 
SEC. 105. EMERGENCY ASSISTANCE TO MEDICARE BENE-
FICIARIES. 
(a) EXCLUSION
OF DRM COVERAGE PERIOD
IN 
COMPUTING MEDICARE PART B LATE ENROLLMENT PE-
RIOD.—In applying the first sentence of section 1839(b) 
of the Social Security Act (42 U.S.C. 1395r(b)) in the case 
of an individual who, on any day during the week pre-
ceding August 28, 2005, had a residence in a direct im-
pact parish or county, there shall not be taken into ac-
count any month any part of which is within the DRM 
coverage period.
(b) WRITTEN PLAN ON TRANSITION OF CERTAIN 
FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS TO PRE-
SCRIPTION DRUG COVERAGE
UNDER MEDICARE PART 
D.—Not later than October 7, 2005, the Secretary of 
Health and Human Services shall submit to Congress a 
written plan on how the Secretary will provide for the 
transition of coverage of prescription drugs for full-benefit 
dual eligible individuals (as defined in section 1935(c)(6) 
of the Social Security Act (42 U.S.C. 1396u–5(c)(6)) who, 
on any day during the week preceding August 28, 2005, 
had a residence in a direct impact parish or county, from 
the medicaid program under title XIX of such Act to the 
medicare program under part D of title XVIII of such Act. 
SEC. 106. RELIEF FOR HOSPITALS LOCATED IN A DIRECT 
IMPACT PARISH OR COUNTY. 
(a) INCREASE IN MEDICARE PAYMENTS TO HOS-
PITALS FOR BAD DEBT.—During the DRM coverage pe-
riod, section 1861(v)(1)(T)(iv) of the Social Security Act 
(42 U.S.C. 1395x(v)(1)(T)(iv)) shall be applied by sub-
stituting ‘‘0 percent’’ for ‘‘30 percent’’ with respect to— 
(1) a hospital located in a direct impact parish 
or county; and 
(2) any other hospital, but only to the extent 
that the bad debt is related to items and services 
furnished to an individual who, on any day during
the week preceding August 28, 2005, had a resi-
dence in a direct impact parish or county. 
(b) WAIVER OF CERTAIN MEDICARE QUALITY RE-
PORTING REQUIREMENTS FOR HOSPITALS.—During the 
DRM coverage period, section 1886(b)(3)(B)(vii) of the 
Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(vii)) 
shall not apply to a hospital that is located in a direct 
impact parish or county. 
SEC. 107. DISASTER RELIEF FUND. 
(a) ESTABLISHMENT.—There is established on the 
books of the Treasury the Disaster Relief Fund (in this 
subsection referred to as the ‘‘Fund’’) which— 
(1) shall be administered by the Secretary of 
Health and Human Services (in this subsection re-
ferred to as the ‘‘Secretary’’); and 
(2) shall consist of amounts made available 
under subsection (f). 
(b) USE OF AMOUNTS IN FUND.—Amounts in the 
Fund shall be used by the Secretary for the following: 
(1) PAYMENTS TO PROVIDERS.—The Secretary 
shall make payments directly to medicaid providers 
described in subsection (c) to offset costs incurred 
by such providers as a result of Hurricane Katrina. 
(2) PAYMENTS FOR PRIVATE HEALTH INSUR-
ANCE COVERAGE.—The Secretary shall make pay-
ments to State insurance commissioners for the pur-
pose of making payments to health insurance 
issuers— 
(A) on behalf of individuals that would 
otherwise qualify for DRM assistance from the 
State under section 102 for such individual’s 
share of their health insurance premium; and 
(B) on behalf of qualified employers for 
the employer share of their employee’s health 
insurance premiums, but only with respect to 
the days on which the employer meets the defi-
nition under subsection (d). 
(c) MEDICAID PROVIDERS DESCRIBED.—For pur-
poses of subsection (b)(1), medicaid providers described 
in this paragraph are— 
(1) any provider under title XIX of the Social 
Security Act) that, during a period after August 28, 
2005, as determined by the Secretary— 
(A) that has a significant increase (as de-
termined by the Secretary of Health and 
Human Services) in the percentage of patients 
who are eligible for medical assistance under a 
State plan approved under title XIX of the So-
cial Security Act or provided with uncompen-
sated care; or
(B) that experiences a significant drop in 
patient caseload (as determined by the Sec-
retary); and 
(2) any other provider determined appropriate 
by the Secretary. 
(d) QUALIFIED EMPLOYER DEFINED.—For purposes 
of subsection (b)(2), the term ‘‘qualified employer’’ means 
any employer— 
(1) which conducted an active trade or business 
on August 28, 2005, in a Hurricane Katrina dis-
aster area; and 
(2)(A) with respect to whom the trade or busi-
ness described in subparagraph (A) is inoperable on 
any day during the DRM coverage period as a result 
of damage sustained in connection with Hurricane 
Katrina; or 
(B) with respect to whom the trade or business 
described in subparagraph (A) is not paying salary 
or benefits to employees on any day during the 
DRM coverage period as a result of damage sus-
tained in connection with Hurricane Katrina. 
(e) EXPEDITING IMPLEMENTATION.—The Secretary 
shall promulgate regulations to carry out this section 
which may be effective and final immediately on an in-
terim basis as of the date of publication of the interim
final regulation. If the Secretary provides for an interim 
final regulation, the Secretary shall provide for a period 
of public comments on such regulation after the date of 
publication. The Secretary may change or revise such reg-
ulation after completion of the period of public comment. 
(f) APPROPRIATION.—Out of any money in the 
Treasury not otherwise appropriated, there is appro-
priated to the Fund $800,000,000 for fiscal year 2005, 
to remain available until expended. 
SEC. 108. EMERGENCY DESIGNATION. 
Each amount provided in this title is designated as 
an emergency requirement pursuant to section 402 of H. 
Con. Res. 95 (109th Congress). 
SEC. 109. TEMPORARY WAIVER OF MEDICAID IMD RESTRIC-
TION FOR KATRINA SURVIVORS. 
The provisions of subdivision (B) following paragraph 
(28) of section 1905(a) of the Social Security Act (42 
U.S.C. 1396d(a)) shall not apply during the period begin-
ning on August 28, 2005, and ending on December 31, 
2006, to a Katrina survivor who requires services in an 
institution for mental disease and whose mental health 
needs were affected as a result of Hurricane Katrina.
TITLE 
II—TEMPORARY 
EX-
TENDED 
UNEMPLOYMENT 
COMPENSATION 
SEC. 201. FEDERAL-STATE AGREEMENTS. 
(a) IN GENERAL.—Any qualifying State which de-
sires to do so may enter into and participate in an agree-
ment under this title with the Secretary of Labor (in this 
title referred to as the ‘‘Secretary’’). Any qualifying State 
which is a party to an agreement under this title may, 
upon providing 30 days’ written notice to the Secretary, 
terminate such agreement. 
(b) PROVISIONS OF AGREEMENT.—Any agreement 
under subsection (a) shall provide that the State agency 
of the qualifying State will make payments of temporary 
extended unemployment compensation to individuals 
who— 
(1) exhausted all rights to regular compensation 
under the State law or under Federal law after Au-
gust 27, 2005; 
(2) have no rights to regular compensation or 
extended compensation with respect to a week under 
such law or any other State unemployment com-
pensation law or to compensation under any other 
Federal law; and
(3) are not receiving compensation with respect 
to such week under the unemployment compensation 
law of Canada. 
(c) EXHAUSTION OF BENEFITS.—For purposes of 
subsection (b)(1), an individual shall be deemed to have 
exhausted such individual’s rights to regular compensation 
under a State law when— 
(1) no payments of regular compensation can 
be made under such law because such individual has 
received all regular compensation available to such 
individual based on employment or wages during 
such individual’s base period; or 
(2) such individual’s rights to such compensa-
tion have been terminated by reason of the expira-
tion of the benefit year with respect to which such 
rights existed. 
(d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes 
of any agreement under this title— 
(1) the amount of temporary extended unem-
ployment compensation which shall be payable to 
any individual for any week of total unemployment 
shall be equal to the amount of the regular com-
pensation (including dependents’ allowances) payable 
to such individual during such individual’s benefit
year under the State law for a week of total unem-
ployment; 
(2) the terms and conditions of the State law 
which apply to claims for regular compensation and 
to the payment thereof shall apply to claims for tem-
porary extended unemployment compensation and 
the payment thereof, except— 
(A) that an individual shall not be eligible 
for temporary extended unemployment com-
pensation under this title unless, in the base pe-
riod with respect to which the individual ex-
hausted all rights to regular compensation 
under the State law, the individual had 20 
weeks of full-time insured employment or the 
equivalent in insured wages, as determined 
under the provisions of the State law imple-
menting section 202(a)(5) of the Federal-State 
Extended Unemployment Compensation Act of 
1970 (26 U.S.C. 3304 note); and 
(B) where otherwise inconsistent with the 
provisions of this title or with the regulations or 
operating instructions of the Secretary promul-
gated to carry out this title; and 
(3) the maximum amount of temporary ex-
tended unemployment compensation payable to any
individual for whom a temporary extended unem-
ployment compensation account is established under 
section 202 shall not exceed the amount established 
in such account for such individual. 
(e) ELECTION
BY STATES.—Notwithstanding any 
other provision of Federal law (and if State law permits), 
the Governor of a qualifying State that is in an extended 
benefit period may provide for the payment of temporary 
extended unemployment compensation in lieu of extended 
compensation to individuals who otherwise meet the re-
quirements of this section. Such an election shall not re-
quire a State to trigger off an extended benefit period. 
SEC. 202. TEMPORARY EXTENDED UNEMPLOYMENT COM-
PENSATION ACCOUNT. 
(a) IN GENERAL.—Any agreement under this title 
shall provide that the qualifying State will establish, for 
each eligible individual who files an application for tem-
porary extended unemployment compensation, a tem-
porary extended unemployment compensation account 
with respect to such individual’s benefit year. 
(b) AMOUNT IN ACCOUNT.— 
(1) IN GENERAL.—The amount established in 
an account under subsection (a) shall be equal to the 
lesser of—
(A) 100 percent of the total amount of 
regular compensation (including dependents’ al-
lowances) payable to the individual during the 
individual’s benefit year under such law, or 
(B) 13 times the individual’s average week-
ly benefit amount for the benefit year. 
(2) WEEKLY BENEFIT AMOUNT.—For purposes 
of this subsection, an individual’s weekly benefit 
amount for any week is the amount of regular com-
pensation (including dependents’ allowances) under 
the State law payable to such individual for such 
week for total unemployment. 
SEC. 203. PAYMENTS TO STATES HAVING AGREEMENTS FOR 
THE PAYMENT OF TEMPORARY EXTENDED 
UNEMPLOYMENT COMPENSATION. 
(a) GENERAL RULE.—There shall be paid to each 
qualifying State that has entered into an agreement under 
this title an amount equal to 100 percent of the temporary 
extended unemployment compensation paid to individuals 
by the State pursuant to such agreement. 
(b) TREATMENT
OF REIMBURSABLE COMPENSA-
TION.—No payment shall be made to any qualifying State 
under this section in respect of any compensation to the 
extent the qualifying State is entitled to reimbursement 
in respect of such compensation under the provisions of
any Federal law other than this title or chapter 85 of title 
5, United States Code. A qualifying State shall not be en-
titled to any reimbursement under such chapter 85 in re-
spect of any compensation to the extent the State is enti-
tled to reimbursement under this title in respect of such 
compensation. 
(c) DETERMINATION OF AMOUNT.—Sums payable to 
any qualifying State by reason of such State having an 
agreement under this title shall be payable, either in ad-
vance or by way of reimbursement (as may be determined 
by the Secretary), in such amounts as the Secretary esti-
mates the qualifying State will be entitled to receive under 
this title for each calendar month, reduced or increased, 
as the case may be, by any amount by which the Secretary 
finds that the Secretary’s estimates for any prior calendar 
month were greater or less than the amounts which should 
have been paid to the State. Such estimates may be made 
on the basis of such statistical, sampling, or other method 
as may be agreed upon by the Secretary and the State 
agency of the State involved. 
SEC. 204. FINANCING PROVISIONS. 
(a) IN GENERAL.—Funds in the extended unemploy-
ment compensation account (as established by section 
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of 
the Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 
the making of payments to qualifying States having agree-
ments entered into under this title. 
(b) CERTIFICATION.—The Secretary shall from time 
to time certify to the Secretary of the Treasury for pay-
ment to each qualifying State the sums payable to such 
State under this title. The Secretary of the Treasury, prior 
to audit or settlement by the General Accounting Office, 
shall make payments to the State in accordance with such 
certification, by transfers from the extended unemploy-
ment compensation account (as so established) to the ac-
count of such State in the Unemployment Trust Fund (as 
so established). 
(c) ASSISTANCE
TO STATES.—There are appro-
priated out of the employment security administration ac-
count (as established by section 901(a) of the Social Secu-
rity Act (42 U.S.C. 1101(a)) of the Unemployment Trust 
Fund, without fiscal year limitation, such funds as may 
be necessary for purposes of assisting qualifying States 
(as provided in title III of the Social Security Act (42 
U.S.C. 501 et seq.)) in meeting the costs of administration 
of agreements under this title. 
(d) APPROPRIATIONS
FOR CERTAIN PAYMENTS.— 
There are appropriated from the general fund of the 
Treasury, without fiscal year limitation, to the extended
unemployment compensation account (as so established) 
of the Unemployment Trust Fund (as so established) such 
sums as the Secretary estimates to be necessary to make 
the payments under this section in respect of— 
(1) compensation payable under chapter 85 of 
title 5, United States Code; and 
(2) compensation payable on the basis of serv-
ices to which section 3309(a)(1) of the Internal Rev-
enue Code of 1986 applies. 
Amounts appropriated pursuant to the preceding sentence 
shall not be required to be repaid. 
SEC. 205. FRAUD AND OVERPAYMENTS. 
(a) IN GENERAL.—If an individual knowingly has 
made, or caused to be made by another, a false statement 
or representation of a material fact, or knowingly has 
failed, or caused another to fail, to disclose a material fact, 
and as a result of such false statement or representation 
or of such nondisclosure such individual has received an 
amount of temporary extended unemployment compensa-
tion under this title to which he was not entitled, such 
individual— 
(1) shall be ineligible for further temporary ex-
tended unemployment compensation under this title 
in accordance with the provisions of the applicable 
State unemployment compensation law relating to
fraud in connection with a claim for unemployment 
compensation; and 
(2) shall be subject to prosecution under section 
1001 of title 18, United States Code. 
(b) REPAYMENT.—In the case of individuals who 
have received amounts of temporary extended unemploy-
ment compensation under this title to which they were not 
entitled, the qualifying State shall require such individuals 
to repay the amounts of such temporary extended unem-
ployment compensation to the State agency, except that 
the State agency may waive such repayment if it deter-
mines that— 
(1) the payment of such temporary extended 
unemployment compensation was without fault on 
the part of any such individual; and 
(2) such repayment would be contrary to equity 
and good conscience. 
(c) RECOVERY BY STATE AGENCY.— 
(1) IN GENERAL.—The State agency may re-
cover the amount to be repaid, or any part thereof, 
by deductions from any temporary extended unem-
ployment compensation payable to such individual 
under this title or from any unemployment com-
pensation payable to such individual under any Fed-
eral unemployment compensation law administered
by the State agency or under any other Federal law 
administered by the State agency which provides for 
the payment of any assistance or allowance with re-
spect to any week of unemployment, during the 3- 
year period after the date such individuals received 
the payment of the temporary extended unemploy-
ment compensation to which they were not entitled, 
except that no single deduction may exceed 50 per-
cent of the weekly benefit amount from which such 
deduction is made. 
(2) OPPORTUNITY FOR HEARING.—No repay-
ment shall be required, and no deduction shall be 
made, until a determination has been made, notice 
thereof and an opportunity for a fair hearing has 
been given to the individual, and the determination 
has become final. 
(d) REVIEW.—Any determination by a State agency 
under this section shall be subject to review in the same 
manner and to the same extent as determinations under 
the State unemployment compensation law, and only in 
that manner and to that extent. 
SEC. 206. DEFINITIONS. 
(a) IN GENERAL.—In this title, except as provided 
in this section, the terms ‘‘compensation’’, ‘‘regular com-
pensation’’, ‘‘extended compensation’’, ‘‘additional com-
pensation’’, ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, ‘‘State 
agency’’, ‘‘State law’’, and ‘‘week’’ have the respective 
meanings given such terms under section 205 of the Fed-
eral-State Extended Unemployment Compensation Act of 
1970 (26 U.S.C. 3304 note). 
(b) QUALIFYING STATE.—In this title, the term 
‘‘qualifying State’’ means Louisiana, Mississippi, and Ala-
bama. 
SEC. 207. APPLICABILITY. 
An agreement entered into under this title shall apply 
to weeks of unemployment— 
(1) beginning after August 27, 2005; and 
(2) ending before August 27, 2006. 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. DISCLOSURE BASED ON VALID AUTHORIZATION. 
(a) IN GENERAL.—Section 223(d)(5) of the Social 
Security Act (42 U.S.C. 423(d)(5)) is amended by adding 
at the end the following: 
‘‘(C) Notwithstanding any other provision of law, if 
the Commissioner of Social Security provides to a custo-
dian of records a copy, facsimile, or electronic version of 
an authorization obtained from the individual to disclose 
records to the Commissioner, then such custodian shall 
not be held liable under any applicable Federal or State
law for disclosing any record or other information in re-
sponse to such request, on the basis that the authorization 
relied upon was a copy, facsimile, or electronic version of 
the authorization.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to disclosures of 
records or other information made on or after the date 
of enactment of this Act. 
SEC. 302. ADDITIONAL OVERSIGHT FUNDING FOR THE IN-
SPECTOR GENERAL OF THE DEPARTMENT OF 
HEALTH AND HUMAN SERVICES. 
(a) APPROPRIATION.—Out of any funds in the Treas-
ury not otherwise appropriated, there are appropriated 
$5,000,000 to the Office of the Inspector General of the 
Department of Health and Human Services to carry out 
accounting, oversight, and audit and investigation activi-
ties with respect to funds expended under the Temporary 
Assistance for Needy Families, Medicare, Medicaid, and 
State Children’s Health Insurance Programs under titles 
IV–A, XVIII, XIX, and XXI of the Social Security Act 
(42 U.S.C. 601 et seq., 1395 et seq., 1396 et seq., 1397aa 
et seq.) to provide assistance to individuals who reside or 
resided in a direct impact parish or county (as defined 
in section 101(1)).
(b) REPORT.—The Inspector General of the Depart-
ment of Health and Human Services shall submit a report 
to the Committee on Finance of the Senate and the Com-
mittees on Ways and Means and Energy and Commerce 
of the House of Representatives regarding the accounting, 
oversight, and audit and investigation activities conducted 
with funds made available under subsection (a). 
SEC. 303. EMERGENCY PROCUREMENT AUTHORITY IN SUP-
PORT OF HURRICANE KATRINA RESCUE AND 
RELIEF EFFORTS. 
(a) AVAILABILITY OF SPECIAL EMERGENCY PRO-
CUREMENT AUTHORITY.—The authority provided in sub-
section 32A of the Office of Federal Procurement Policy 
Act (41 U.S.C. 428a) may be used with respect to any 
procurement for property or services determined by the 
head of an executive agency to be necessary for support 
of Hurricane Katrina rescue and relief operations. 
(b) MICRO-PURCHASES.— 
(1) MODIFIED
THRESHOLD.—Notwithstanding 
section 101(2) of the Second Emergency Supple-
mental Appropriations Act to Meet Immediate Needs 
Arising From the Consequences of Hurricane 
Katrina, 2005 (Public Law 109–62), the amount 
specified in subsections (c), (d), and (f) of the sec-
tion 32 of the Office of Federal Procurement Policy