[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3864 Enrolled Bill (ENR)]


        H.R.3864

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
To assist individuals with disabilities affected by Hurricane Katrina or 
            Rita through vocational rehabilitation services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assistance for Individuals with 
Disabilities Affected by Hurricane Katrina or Rita Act of 2005''.

SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.

    (a) Definitions.--In this section:
        (1) Affected state.--The term ``affected State'' means a State 
    that contains an area, or that received a significant number of 
    individuals who resided in an area, in which the President has 
    declared that a major disaster exists.
        (2) Commissioner.--The term ``Commissioner'' means the 
    Commissioner of the Rehabilitation Services Administration.
        (3) Individual with a disability.--The term ``individual with a 
    disability'' has the meaning given the term in section 7(20)(A) of 
    the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(A)).
        (4) Individual with a disability affected by hurricane 
    katrina.--The term ``individual with a disability affected by 
    Hurricane Katrina'' means an individual with a disability who 
    resided on August 22, 2005, in an area in which the President has 
    declared that a major disaster related to Hurricane Katrina exists.
        (5) Individual with a disability affected by hurricane rita.--
    The term ``individual with a disability affected by Hurricane 
    Rita'' means an individual with a disability who resided in an area 
    on the date that was 7 days before the date on which the President 
    declared that a major disaster related to Hurricane Rita exists in 
    such area.
        (6) Major disaster.--The term ``major disaster'' means a major 
    disaster declared by the President in accordance with the Robert T. 
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
    5121 et seq.), related to Hurricane Katrina or Rita.
    (b) Reallotments of Amounts.--
        (1) In general.--In reallotting amounts to States under section 
    110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 730(b)(2)) 
    for fiscal year 2005, the Commissioner shall give preference to 
    affected States.
        (2) Waivers.--If the Commissioner reallots amounts under 
    section 110(b)(2) of the Rehabilitation Act of 1973 to an affected 
    State for fiscal year 2005, or returns to the State of Louisiana 
    for fiscal year 2005 the funds that Louisiana had previously 
    relinquished pursuant to section 110(b)(1) of that Act (29 U.S.C. 
    730(b)(1)) due to an inability to meet the non-Federal share 
    requirements requiring Louisiana to contribute $3,942,821 for 
    fiscal year 2005, the Commissioner may grant a waiver of non-
    Federal share requirements for fiscal year 2005 for the affected 
    State or Louisiana, respectively.
        (3) Definition.--In this subsection, the term ``non-Federal 
    share requirements'' means non-Federal share requirements 
    applicable to programs under title I of such Act (29 U.S.C. 720 et 
    seq.).
    (c) Use of Amounts Reallotted Under Title I of the Rehabilitation 
Act of 1973.--An affected State that receives amounts reallotted under 
section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 
730(b)(2)) for fiscal year 2005 (as described in subsection (b)) or 
returned under subsection (b) may use the amounts--
        (1) to pay for vocational rehabilitation services described in 
    section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) 
    (which may include training, mentoring, or job shadowing 
    opportunities), for individuals with disabilities affected by 
    Hurricane Katrina or individuals with disabilities affected by 
    Hurricane Rita, that contribute to the economic growth and 
    development of communities;
        (2) to enable--
            (A) individuals with disabilities affected by Hurricane 
        Katrina to participate in reconstruction or other major 
        disaster assistance activities in the areas in which the 
        individuals resided on August 22, 2005; and
            (B) individuals with disabilities affected by Hurricane 
        Rita to participate in reconstruction or other major disaster 
        assistance activities in the areas in which the individuals 
        resided on the date that was 7 days before the date on which 
        the President declared that a major disaster related to 
        Hurricane Rita exists in such areas;
        (3) to pay for vocational rehabilitation services described in 
    section 103 of the Rehabilitation Act of 1973 for individuals with 
    disabilities affected by Hurricane Katrina, or individuals with 
    disabilities affected by Hurricane Rita, who do not meet the 
    affected State's order of selection criteria for the affected 
    State's order of selection under section 101(a)(5) of the 
    Rehabilitation Act of 1973 (29 U.S.C. 721(a)(5)); or
        (4) to carry out other activities in accordance with title I of 
    the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.