[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3864 Received in Senate (RDS)]


109th CONGRESS
  1st Session
                                H. R. 3864


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2005

                                Received

_______________________________________________________________________

                                 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 realloting 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.).

            Passed the House of Representatives September 28, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.