deadline for developing a State plan for the high 
cost fund. 
(2) Section 612(a)(15)(C) of such Act, by ex-
tending up to an additional 60 days the deadline for 
submission of the annual report to the Secretary of 
Education and the public regarding the progress of 
the State and of children with disabilities in the 
State. 
(3) Section 612(a)(16)(D) of such Act, by ex-
tending up to an additional 60 days the deadline for 
making available reports regarding the participation 
in assessments and the performance on such assess-
ments of children with disabilities. 
(4) Section 614(a)(1)(C)(i)(I) of such Act, by 
extending up to an additional 30 days the 60 day 
deadline for the initial evaluation to determine 
whether a child is a child with a disability for pur-
poses of the provision of special education and re-
lated services to such child. 
(5) Section 616(b)(1)(A) of such Act, by ex-
tending up to an additional 60 days the deadline for 
finalization of the State performance plan. 
(6) Section 641(e)(1)(D) of such Act, by ex-
tending up to an additional 60 days the deadline for 
submission to the Governor of a State and the Sec-
retary of Education of the report on the status of 
early intervention programs for infants and toddlers 
with disabilities and their families operated within 
the State. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed— 
(1) as permitting the waiver of— 
(A) any applicable Federal civil rights law; 
(B) any student or family privacy protec-
tions, including provisions requiring parental 
consent for evaluations and services; 
(C) any procedural safeguards required 
under section 615 or section 639 of the Individ-
uals with Disabilities Education Act; or 
(D) any requirements not specified in sub-
section (b)(1) of this section; or 
(2) as removing the obligation of the eligible en-
tity to provide a child with a disability or an infant 
or toddler with a disability and their families— 
(A) a free appropriate public education 
under part B of the Individuals with Disabil-
ities Education Act; or 
(B) early intervention services under part 
C of such Act.
(d) DURATION
OF
AGREEMENT.—An agreement 
under this section shall terminate at the conclusion of the 
2005–2006 academic year. 
(e) REQUEST
TO ENTER INTO AGREEMENT.—To 
enter into an agreement under this section, an eligible en-
tity shall submit a request to the Secretary of Education 
at such time, in such manner, and containing such infor-
mation as the Secretary may require. 
SEC. 122. PAPERWORK REDUCTION PILOT PROGRAM PAR-
TICIPATION FOR AFFECTED STATES. 
(a) AUTHORITY.—To identify ways to reduce paper-
work burdens and other administrative duties that are di-
rectly associated with the requirements of the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) 
in order to increase the time and resources available for 
instruction and other activities aimed at improving edu-
cational and functional results for children with disabil-
ities, the Secretary of Education is authorized to permit 
an affected State to participate in the paperwork reduc-
tion pilot program described in section 609(a) of such Act. 
(b) PARTICIPATION BY AFFECTED STATES.—Partici-
pation in the paperwork reduction pilot program by an af-
fected State shall be in addition to the maximum number 
of States that may so participate in accordance with sec-
tion 609(a)(2)(A) of such Act.
(c) PROPOSAL.— 
(1) IN GENERAL.—An affected State desiring to 
participate in the paperwork reduction pilot program 
described in section 609(a) of such Act shall submit 
a proposal to the Secretary in accordance with sec-
tion 609(a)(3) of such Act, subject to paragraph (2) 
of this subsection. 
(2) SIMPLIFICATION.—The Secretary may sim-
plify the proposal process for an affected State to 
participate in the program if the Secretary deter-
mines that such simplification is appropriate. 
(d) RULE
OF CONSTRUCTION.—The requirements 
and authorities described in section 609(a) of such Act 
that are not modified by this section with respect to an 
affected State shall apply to such State. 
Subtitle D—Higher Education 
Relief 
SEC. 131. REFERENCES. 
References in this subtitle to ‘‘the Act’’ are references 
to the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.). 
SEC. 132. WAIVERS AND MODIFICATIONS. 
Notwithstanding any other provision of law, unless 
enacted with specific reference to this section, the Sec-
retary of Education is authorized to waive or modify any
statutory or regulatory provision applicable to the student 
financial assistance programs under title IV of the Act, 
or any student or institutional eligibility provisions in the 
Act, as the Secretary of Education deems necessary in 
connection with a Gulf hurricane disaster to ensure that— 
(1) the calculation of expected family contribu-
tion under section 474 of the Act used in the deter-
mination of need for student financial assistance 
under title IV of the Act for any affected student 
(and the determination of such need for his or her 
family, if applicable), is modified to reflect any 
changes in the financial condition of such affected 
student and his or her family resulting from a Gulf 
hurricane disaster; and 
(2) institutions of higher education, systems of 
institutions, or consortia of institutions that are lo-
cated in an area affected by a Gulf hurricane dis-
aster, or that are serving affected students, are eligi-
ble, notwithstanding section 486(d) of the Act, to 
apply for participation in the distance education 
demonstration program under section 486 of the 
Act, except that the Secretary of Education shall in-
clude in reports under section 486(f) of the Act an 
identification of those institutions, systems, and con-
sortia that were granted participation in the dem-
onstration program due to a Gulf hurricane disaster. 
SEC. 133. CANCELLATION OF INSTITUTIONAL REPAYMENT 
BY COLLEGES AND UNIVERSITIES AFFECTED 
BY A GULF HURRICANE DISASTER. 
Notwithstanding any provision of title IV of the Act 
or any regulation issued thereunder, the Secretary of Edu-
cation shall cancel any obligation of an affected institution 
to return or repay any funds the institution received be-
fore the date of enactment of this Act for, or on behalf 
of, its students under subpart 1 or 3 of part A or parts 
B, C, D, or E of title IV of the Act for any cancelled 
enrollment period. 
SEC. 134. CANCELLATION OF STUDENT LOANS FOR CAN-
CELLED ENROLLMENT PERIODS. 
(a) LOAN FORGIVENESS AUTHORIZED.—Notwith-
standing any provision of title IV of the Act, the Secretary 
shall discharge all loan amounts under parts B and D of 
title IV of the Act, and cancel any loan made under part 
E of such title, disbursed to, or on behalf of, an affected 
student for a cancelled enrollment period. 
(b) REIMBURSEMENT.—The Secretary of Education 
shall— 
(1) reimburse each affected institution for any 
amounts discharged under subsection (a) with re-
spect to a loan under part E of title IV of the Act 
in the same manner as is required by section 465(b) 
of the Act with respect to a loan cancelled under sec-
tion 465(a) of the Act; and 
(2) reimburse lenders for the purpose of dis-
charging any loan amounts disbursed to, or on be-
half of, an affected student under part B of title IV 
of the Act for a cancelled enrollment period. 
(c) LIMITATION ON CONSOLIDATION LOANS.—A loan 
amount for a loan made under section 428C of the Act 
or a Federal Direct Consolidation Loan may be eligible 
for discharge under this section only to the extent that 
such loan amount was used to repay a loan to an affected 
student for a cancelled enrollment period. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed to authorize any refunding of any repayment 
of a loan. 
SEC. 135. TEMPORARY DEFERMENT OF STUDENT LOAN RE-
PAYMENT. 
An affected individual who is a borrower of a quali-
fied student loan or a qualified parent loan shall be grant-
ed a deferment, not in excess of 6 months, during which 
periodic installments of principal need not be paid, and 
interest—
(1) shall accrue and be paid by the Secretary, 
in the case of a loan made under section 428, 428B, 
428C, or 428H of the Act; 
(2) shall accrue and be paid by the Secretary 
to the Perkins loan fund held by the institution of 
higher education that made the loan, in the case of 
a loan made under part E of title IV of the Act; and 
(3) shall not accrue, in the case of a Federal 
Direct Loan made under part D of such title. 
SEC. 136. NO AFFECT ON GRANT AND LOAN LIMITS. 
Notwithstanding any provision of title IV of the Act 
or any regulation issued thereunder, no grant or loan 
funds received by an affected student under title IV of 
the Act for a cancelled enrollment period shall be counted 
against such affected student’s annual or aggregate grant 
or loan limits for the receipt of grants or loans under that 
title. 
SEC. 137. TEACHER LOAN RELIEF. 
The Secretary of Education may waive the require-
ment of sections 428J(b)(1) and 460(b)(1)(A) of the 
Higher Education Act of 1965 that the 5 years of quali-
fying service be consecutive academic years for any teach-
er whose employment was interrupted if— 
(1) the teacher was employed in qualifying serv-
ice, at the time of a Gulf hurricane disaster, in a
school located in an area affected by a Gulf hurri-
cane disaster; and 
(2) the teacher resumes qualifying service not 
later than the beginning of academic year 2006– 
2007 in that school or any other school in which em-
ployment is qualifying service under such section. 
SEC. 138. TRANSFER OF CREDIT. 
(a) POLICY DISCLOSURE.—For periods of enrollment 
beginning in calendar year 2006, each institution of higher 
education shall establish and publicize policies of the insti-
tution regarding the acceptance or denial of academic 
credit earned at another institution of higher education, 
which shall include a statement that such decisions will 
not be based solely on the source of accreditation of a 
sending institution, provided that the sending institution 
is accredited by an agency or association that is recognized 
by the Secretary of Education pursuant to section 496 of 
the Act to be a reliable authority as to the quality of the 
education or training offered. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
(1) authorize an officer or employee of the De-
partment of Education to exercise any direction, su-
pervision, or control over the curriculum, program of 
instruction, administration, or personnel of any in-
stitution of higher education, or over any accrediting 
agency or association; 
(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C. 1221 et seq.); or 
(3) create any legally enforceable right. 
SEC. 139. EXPANDING INFORMATION DISSEMINATION RE-
GARDING ELIGIBILITY FOR PELL GRANTS. 
(a) IN GENERAL.—The Secretary of Education shall 
make special efforts, in conjunction with State efforts, to 
notify affected students and if applicable, their parents, 
who qualify for means-tested Federal benefit programs, of 
their potential eligibility for a maximum Pell Grant, and 
shall disseminate such informational materials as the Sec-
retary of Education deems appropriate. 
(b) 
MEANS-TESTED
FEDERAL
BENEFIT
PRO-
GRAM.—For the purpose of this section, the term ‘‘means- 
tested Federal benefit program’’ means a mandatory 
spending program of the Federal Government, other than 
a program under the Act, in which eligibility for the pro-
gram’s benefits, or the amount of such benefits, or both, 
are determined on the basis of income or resources of the 
individual or family seeking the benefit, and may include 
such programs as the supplemental security income pro-
gram under title XVI of the Social Security Act, the food 
stamp program under the Food Stamp Act of 1977, the
free and reduced price school lunch program established 
under the Richard B. Russell National School Lunch Act, 
the temporary assistance to needy families program estab-
lished under part A of title IV of the Social Security Act, 
and the women, infants, and children program established 
under section 17 of the Child Nutrition Act of 1966, and 
other programs identified by the Secretary of Education. 
SEC. 140. PROCEDURES. 
(a) DEADLINES AND PROCEDURES.—Sections 482(c) 
and 492 of the Act (20 U.S.C. 1089(c), 1098(a)) shall 
not apply to any waivers, modifications, or actions initi-
ated by the Secretary of Education under this subtitle. 
(b) CASE-BY-CASE BASIS.—The Secretary of Edu-
cation is not required to exercise any waiver or modifica-
tion authority under this subtitle on a case-by-case basis. 
SEC. 141. TERMINATION OF AUTHORITY. 
The authority of the Secretary of Education to issue 
waivers or modifications under this subtitle shall expire 
at the conclusion of the 2005–2006 academic year, but 
the expiration of such authority shall not affect the con-
tinuing validity of any such waivers or modifications after 
such academic year.
Subtitle E—Regulatory Relief 
SEC. 151. REGULATORY AND FINANCIAL RELIEF. 
(a) WAIVER AUTHORITY.—Subject to subsections (b) 
and (c), in providing any grant or other assistance, di-
rectly or indirectly, to an entity in an affected State, the 
Secretary of Education may, as applicable, waive or mod-
ify in order to ease fiscal burdens any requirement relating 
to the following: 
(1) Maintenance of effort. 
(2) The use of Federal funds to supplement, 
not supplant, non-Federal funds. 
(3) Any non-Federal share or capital contribu-
tion required to match Federal funds provided under 
programs administered by the Secretary of Edu-
cation. 
(b) DURATION.—A waiver under this section shall be 
for the 2006 fiscal year. 
(c) LIMITATIONS.— 
(1) RELATION TO IDEA.—This section does not 
authorize the waiver or modification of any provision 
of the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.). 
(2) MAINTENANCE
OF
EFFORT.—If the Sec-
retary grants a waiver or modification under this 
section waiving a requirement relating to mainte-
nance of effort for a fiscal year, the level of effort 
required for the following fiscal year shall not be re-
duced because of the waiver. 
TITLE II—HEALTH AND HUMAN 
SERVICES 
Subtitle A—Community Services 
SEC. 201. SECRETARY AUTHORITY. 
The Secretary of Health and Human Services may 
waive with respect to any affected State for up to 90 days 
after the enactment of this Act the filing deadline under 
section 676(b) of the Community Services Block Grant 
Act. 
SEC. 202. STATE AUTHORITY. 
(a) TRANSFER OF FUNDING.—A State that receives 
a payment or allotment under section 675A or 675B of 
the Community Services Block Grant Act may transfer a 
portion of the payment or allotment available for expendi-
ture under section 675C(b) (including sums available for 
administrative expenses under paragraph (2) of such sec-
tion 675C(b)) to an affected State. 
(b) STAFF.—A State lead agency designated under 
section 676(a)(1) of the Community Services Block Grant 
Act or an eligible entity (as defined in section 673 of such 
Act) may send an employee of the State lead agency, or
of an eligible entity, to an area affected by a Gulf hurri-
cane disaster to help in providing disaster assistance. 
(c) ELIGIBLE ENTITY.—A State lead agency in an 
affected State may temporarily fund an eligible entity in 
a contiguous area, or if such entity is not available to pro-
vide such services, may temporarily fund alternative serv-
ice providers (notwithstanding the definition of an eligible 
entity as defined in section 673 of the Community Services 
Block Grant Act) when the currently funded eligible entity 
is no longer able to provide services due to a Gulf hurri-
cane disaster in order to meet the immediate needs of indi-
viduals adversely affected by a Gulf hurricane disaster 
(provided that in the meantime the State is assisting such 
current eligible entity in becoming operational). 
(d) RECAPTURE AND REDISTRIBUTION OF UNOBLI-
GATED FUNDS.—Notwithstanding any other provision of 
law, an affected State may apply the recapture and redis-
tribution of unobligated funds provisions under section 
675C(a)(3) of the Community Services Block Grant Act. 
Subtitle B—Head Start 
SEC. 211. HEAD START AND EARLY HEAD START CHILDREN 
AFFECTED BY A GULF HURRICANE DISASTER. 
(a) TECHNICAL ASSISTANCE, GUIDANCE, AND RE-
SOURCES.—The Secretary of Health and Human Services 
shall provide technical assistance, guidance, and resources
through the Region 4 and Region 6 offices of the Adminis-
tration for Children and Families (and may provide tech-
nical assistance, guidance, and resources, through other 
regional offices of the Administration, at the request of 
such offices, that administer affected Head Start agen-
cies) to Head Start agencies in areas in which a major 
disaster has been declared, and to affected Head Start 
agencies, to assist the agencies involved in providing Head 
Start services and Early Head Start services to children 
affected by a Gulf hurricane disaster. 
(b) WAIVER.—For such period up to June 30, 2006, 
and to such extent as the Secretary considers appropriate, 
the Secretary of Health and Human Services— 
(1) may waive section 640(b) of the Head Start 
Act for Head Start agencies located in an area af-
fected by a Gulf Hurricane disaster and other af-
fected Head Start agencies; and 
(2) shall waive requirements of documentation 
for an individual adversely affected by a Gulf hurri-
cane disaster who participates in a Head Start pro-
gram or an Early Head Start program funded under 
the Head Start Act.
Subtitle C—Child Care Services 
SEC. 221. WAIVER AUTHORITY TO EXPAND THE AVAIL-
ABILITY OF SERVICES UNDER CHILD CARE 
AND DEVELOPMENT BLOCK GRANT ACT OF 
1990. 
For such period up to June 30, 2006, and to such 
extent as the Secretary considers to be appropriate, the 
Secretary of Health and Human Service may waive or 
modify, for any affected State, and any State serving sig-
nificant numbers of individuals adversely affected by a 
Gulf hurricane disaster, provisions of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 
et seq.)— 
(1) relating to Federal income limitations on 
eligibility to receive child care services for which as-
sistance is provided under such Act, 
(2) relating to work requirements applicable to 
eligibility to receive child care services for which as-
sistance is provided under such Act, 
(3) relating to limitations on the use of funds 
under section 658G of the Child Care and Develop-
ment Block Grant Act of 1990, 
(4) preventing children designated as evacuees 
from receiving priority for child care services pro-
vided under such Act, except that children residing
in a State and currently receiving services should 
not lose such services in order to accommodate evac-
uee children, and 
(5) relating to any non-Federal or capital con-
tribution required to match Federal funds provided 
under programs administered by the Secretary of 
Health and Human Services, 
for purposes of easing State fiscal burdens and providing 
child care services to children orphaned, or of families dis-
placed, as a result of a Gulf hurricane disaster. 
TITLE III—LABOR 
Subtitle A—Pension Flexibility for 
Displaced Workers Act of 2005 
SEC. 301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Pension Flexibility 
for Displaced Workers Act of 2005’’. 
SEC. 302. AUTHORITY TO PRESCRIBE GUIDANCE BY REA-
SON OF THE PRESIDENTIALLY DECLARED 
DISASTERS CAUSED BY HURRICANE KATRINA 
AND HURRICANE RITA. 
(a) WAIVERS, SUSPENSIONS, OR EXEMPTIONS.—In 
the case of any pension plan which is an individual account 
plan, or any participant or beneficiary, plan sponsor, ad-
ministrator, fiduciary, service provider, or other person 
with respect to such plan, affected by Hurricane Katrina
or Hurricane Rita, or any service provider or other person 
dealing with such plan, the Secretary of Labor may, not-
withstanding any provision of title I of the Employee Re-
tirement Income Security Act of 1974, prescribe, by notice 
or otherwise, a waiver, suspension, or exemption from any 
provision of such title which is under the regulatory au-
thority of such Secretary, or from regulations issued under 
any such provision, that such Secretary determines appro-
priate to facilitate the distribution or loan of assets from 
such plan to participants and beneficiaries of such plan. 
At the time of the issuance of such waiver, suspension, 
or exemption, such Secretary shall publish in the Federal 
Register the terms of such waiver, suspension, or exemp-
tion. 
(b) EXEMPTION FROM LIABILITY
FOR ACTS
OR 
OMISSIONS COVERED BY WAIVER, SUSPENSION, OR EX-
EMPTION.—No person shall be liable for any violation of 
title I of the Employee Retirement Income Security Act 
of 1974, or of any regulations issued under such title, 
based upon any act or omission covered by a waiver, sus-
pension, or exemption issued under subsection (a) if such 
act or omission is in compliance with the terms of the 
waiver, suspension, or exemption. 
(c) PLAN TERMS SUBJECT TO WAIVER, SUSPENSION, 
OR EXEMPTION.—Notwithstanding any provision of the
plan to the contrary and to the extent provided in any 
waiver, suspension, or exemption issued by the Secretary 
of Labor pursuant to subsection (a), no plan shall be 
treated as failing to be operated in accordance with its 
terms solely as a result of acts or omissions which are 
in compliance with the terms of such waiver, suspension, 
or exemption. 
(d) EXPIRATION OF AUTHORITY.—This section shall 
apply only with respect to waivers, suspensions, or exemp-
tions issued by the Secretary of Labor during the 1-year 
period following the date of the enactment of this Act. 
(e) DEFINITIONS.—Terms used in this section shall 
have the meanings provided such terms in section 3 of 
the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1002). 
SEC. 303. AUTHORITY IN THE EVENT OF PRESIDENTIALLY 
DECLARED DISASTER OR TERRORISTIC OR 
MILITARY ACTIONS. 
Section 518 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1148) is amended by insert-
ing ‘‘, under any regulation issued thereunder, or under 
any plan provision’’ after ‘‘under this Act’’.
Subtitle B—Occupational Safety 
and Health 
SEC. 311. AUTHORIZATION FOR VOLUNTEERS. 
(a) AUTHORITY
TO RECRUIT, TRAIN, AND UTI-
LIZE.—Notwithstanding any other provision of law, the 
Secretary of Labor (hereafter ‘‘the Secretary’’) may re-
cruit, train, accept, and utilize, without regard to the civil 
service classification laws, rules, or regulations, the serv-
ices of volunteer individuals to aid in or facilitate the ac-
tivities administered by the Secretary through the Occupa-
tional Safety and Health Administration for projects re-
lated to worker safety and health in response to the effects 
of Hurricane Katrina and Hurricane Rita. 
(b) PROVISION OF SERVICES AND COSTS.—The Sec-
retary may provide for services and costs incidental to the 
utilization of volunteers under subsection (a), including 
transportation, supplies, equipment (including personal 
protective equipment), uniforms, lodging, subsistence 
(without regard to place of residence), recruiting, training, 
supervision, and awards and recognition (including nomi-
nal cash awards). 
(c) FEDERAL EMPLOYMENT STATUS
OF VOLUN-
TEERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a volunteer under this section shall not
be considered a Federal employee and shall not be 
subject to the provisions of law relating to Federal 
employment, including those provisions relating to 
hours of work, rates of compensation, leave, unem-
ployment compensation, and Federal employee bene-
fits. 
(2) EXCEPTION.—A volunteer under this sec-
tion shall be considered a Federal employee for the 
purposes of— 
(A) required Federal agency safety and 
health programs under section 19 of the Occu-
pational Safety and Health Act of 1970 (29 
U.S.C. 668), Executive Order 12196 (45 Fed. 
Reg. 12769) and part 1960 of title 29, Code of 
Federal Regulations; and 
(B) the standards of ethical conduct provi-
sions of part 2635 of title 5, Code of Federal 
Regulations. 
SEC. 312. PURCHASE AND DISTRIBUTION OF EQUIPMENT. 
The Secretary is authorized to purchase and dis-
tribute equipment and supplies to public or private entities 
and individuals for projects administered by the Occupa-
tional Safety and Health Administration related to worker 
safety and health in response to the effects of Hurricane 
Katrina and Hurricane Rita.
SEC. 313. STATE ASSISTANCE AND MATCHING FUND RE-
STRICTIONS. 
(a) USE OF FUNDS.—Notwithstanding any other pro-
vision of law, States that administer State plans under 
section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667), or cooperative agreements under 
section 21(d) of such Act (29 U.S.C. 670(d)) may use 
grant funds awarded under section 21 or 23 of such Act 
(29 U.S.C. 670; 672) to provide assistance to the Occupa-
tional Safety and Health Administration for projects re-
lated to worker safety and health in response to the effects 
of Hurricane Katrina and Hurricane Rita. 
(b) MATCHING
FUND
REQUIREMENT.—Notwith-
standing the matching share requirements of section 23 
of such Act or any other provision of law, the Secretary 
may increase the size of a grant to any State providing 
assistance under subsection (a) by an amount of up to 
100 percent of the cost of travel and subsistence, overtime, 
and other administrative expenses incurred by the State 
in providing such assistance. 
SEC. 314. EXPIRATION. 
This authorities granted in this title shall terminate 
on the date that is 1 year after the date of enactment 
of this title.
Subtitle C—Worker Adjustment 
and Retraining Notification 
SEC. 321. APPLICATION OF WARN NOTICE REQUIREMENT. 
(a) NO NOTIFICATION REQUIRED.—Section 3(b) of 
the Worker Adjustment and Retraining Notification Act 
(29 U.S.C. 2102(b)) is amended by adding at the end the 
following: 
‘‘(4) Notwithstanding any other provision of 
law or regulation, no notice of any kind under this 
Act shall be required either in advance of or subse-
quent to a plant closing or mass layoff, if such plant 
closing or mass layoff is due to Hurricane Katrina 
and occurs between August 29, 2005, and the date 
that is 90 days after the date of enactment of this 
paragraph, or is due to Hurricane Rita and occurs 
between September 24, 2005, and the date that is 
90 days after the date of enactment of this para-
graph.’’. 
(b) EFFECTIVE DATE.—This section shall take effect 
as if enacted on August 29, 2005. 
Subtitle D—Worker Investment 
SEC. 331. TRANSFERABILITY OF FUNDS FOR WIA PRO-
GRAMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and subject to subsection (d), in order to facili-
tate the provision of employment, training and related as-
sistance to individuals adversely affected by a Gulf hurri-
cane disaster, the Secretary of Labor may— 
(1) permit a State described in subsection (c), 
pursuant to a request submitted by the Governor of 
such a State, to transfer funds reserved by the Gov-
ernor under any of the programs specified in sub-
section (b) to the program for the provision of em-
ployment services under the Wagner-Peyser Act (29 
U.S.C. 49 et. seq.), and to transfer funds allotted to 
the State to carry out the program for the provision 
of employment services under the Wagner-Peyser 
Act to any of the programs specified in subsection 
(b); and 
(2) permit a local workforce investment area 
(established under section 116 of the Workforce In-
vestment Act of 1998) in a State described in sub-
section (c), pursuant to a request submitted by the 
Governor of such State (in consultation with appro-
priate local elected officials) to transfer up to 100 
percent of the funds allocated to such local areas 
under each of the programs specified in subsection 
(b) among such programs. 
(b) SPECIFIED PROGRAMS.—The programs referred 
to in subsection (a) consist of—
(1) the program of workforce investment activi-
ties for youth authorized under chapter 4 of subtitle 
B of title I of the Workforce Investment Act of 1998 
(29 U.S.C. 2851 et seq.); 
(2) the program of workforce investment activi-
ties for adults authorized under chapter 5 of subtitle 
B of title I of the Workforce Investment Act of 1998 
(29 U.S.C. 2861 et seq.); and 
(3) the program of workforce investment activi-
ties for dislocated workers authorized under chapter 
5 of subtitle B of title I of the Workforce Investment 
Act of 1998 (29 U.S.C. 2861 et seq.). 
(c) ELIGIBLE STATES.—Only States or local work-
force investment areas in which a Gulf hurricane disaster 
occurred or to which significant numbers of individuals ad-
versely affected by a Gulf hurricane disaster have relo-
cated may apply to the Secretary under this section. 
(d) LIMITATION.—This section applies only to pro-
gram year 2005. 
TITLE IV—GENERAL 
PROVISIONS 
SEC. 401. DEFINITIONS. 
For purposes of this Act, except as otherwise specifi-
cally provided in this Act, the following terms have the 
following meanings:
(1) AFFECTED HEAD START AGENCIES.—The 
term ‘‘affected Head Start Agencies’’ means a Head 
Start agency receiving a significant number of chil-
dren from an area in which a Gulf hurricane dis-
aster has been declared. 
(2) AFFECTED
INDIVIDUAL.—The term ‘‘af-
fected individual’’ means an individual who has ap-
plied for or received student financial assistance 
under title IV of the Higher Education Act of 1965, 
and— 
(A) who is an affected student; or 
(B) whose primary place of employment or 
residency was, as of August 29, 2005, in an 
area affected by a Gulf hurricane disaster. 
(3) AFFECTED
INSTITUTION.—The term ‘‘af-
fected institution’’ means an institution of higher 
education that— 
(A) is located in an area affected by a Gulf 
hurricane disaster; and 
(B) has temporarily ceased operations as a 
consequence of a Gulf hurricane disaster, as de-
termined by the Secretary of Education. 
(4) AFFECTED
STATE.—The term ‘‘affected 
State’’ means the State of Alabama, Florida, Lou-
isiana, Mississippi, or Texas.
(5) AFFECTED STUDENT.—The term ‘‘affected 
student’’ means an individual who has applied for or 
received student financial assistance under title IV 
of the Higher Education Act of 1965, and who— 
(A) was enrolled or accepted for enroll-
ment, as of August 29, 2005, at an institution 
of higher education in an area affected by a 
Gulf hurricane disaster; 
(B) was a dependent student enrolled or 
accepted for enrollment at an institution of 
higher education that is not in an area affected 
by a Gulf hurricane disaster, but whose parents 
resided or were employed, as of August 29, 
2005, in an area affected by a Gulf hurricane 
disaster; or 
(C) was enrolled or accepted for enrollment 
at an institution of higher education, as of Au-
gust 29, 2005, and whose attendance was inter-
rupted because of a Gulf hurricane disaster. 
(6) AREA AFFECTED BY A GULF HURRICANE 
DISASTER.—The term ‘‘area affected by a Gulf hur-
ricane disaster’’ means a county or parish, in an af-
fected State, that has been designated by the Fed-
eral Emergency Management Agency for disaster as-
sistance for individuals and households as a result of 
Hurricane Katrina or Hurricane Rita. 
(7) CANCELLED
ENROLLMENT
PERIOD.—The 
term ‘‘cancelled enrollment period’’ means any pe-
riod of enrollment at an affected institution during 
the academic year 2005. 
(8) CHARTER
SCHOOL.—The term ‘‘charter 
school’’ has the meaning given to that term in sec-
tion 5210 of the Elementary and Secondary Edu-
cation Act of 1965. 
(9) CHILD
WITH
A
DISABILITY.—The term 
‘‘child with a disability’’ has the meaning given such 
term in section 602(3) of the Individuals with Dis-
abilities Education Act. 
(10) DISPLACED
STUDENT.—The term ‘‘dis-
placed student’’ means an individual who— 
(A) but for a Gulf hurricane disaster, 
would be enrolled during a school year in an el-
ementary or secondary school in an affected 
State; 
(B) is unable, due to such disaster, to ac-
cess the education and pupil services that the 
child otherwise would be receiving at such 
school; and
(C) due to such disaster, is enrolled at a 
public elementary or secondary school in a dif-
ferent geographic location in a State. 
(11) ELEMENTARY
SCHOOL.—The term ‘‘ele-
mentary school’’ has the meaning given such term in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
(12) ELIGIBLE ENTITY.—The term ‘‘eligible en-
tity’’ means— 
(A) a local educational agency (as defined 
in section 602(19) of the Individuals with Dis-
abilities Education Act) if such agency is lo-
cated in a State or in an area of a State with 
respect to which the President has declared 
that a Gulf hurricane disaster exists; 
(B) a State educational agency (as defined 
in section 602(32) of such Act) if such agency 
is located in a State with respect to which the 
President has declared that a Gulf hurricane 
disaster exists; or 
(C) a State interagency coordinating coun-
cil established under section 641 of such Act if 
such council is located in a State with respect 
to which the President has declared that a Gulf 
hurricane disaster exists.
(13) GULF HURRICANE DISASTER.—The term 
‘‘Gulf hurricane disaster’’ means a major disaster 
that the President declared to exist, in accordance 
with section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, and that was 
caused by Hurricane Katrina or Hurricane Rita. 
(14) HIGHLY
QUALIFIED.—The term ‘‘highly 
qualified’’— 
(A) in the case of a special education 
teacher, has the meaning given such term in 
section 602 of the Individuals with Disabilities 
Education Act; and 
(B) in the case of any other elementary, 
middle, or secondary school teacher, has the 
meaning given such term in section 9101 of the 
Elementary and Secondary Education Act of 
1965. 
(15) INDIVIDUAL ADVERSELY AFFECTED BY A 
GULF HURRICANE DISASTER.—The term ‘‘individual 
adversely affected by a Gulf hurricane disaster’’ 
means an individual who, on August 29, 2005, was 
living, working, or attending school in an area in 
which the President has declared to exist a Gulf hur-
ricane disaster.