[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3975 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 3975


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2005

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
To ease the provision of services to individuals affected by Hurricanes 
               Katrina and Rita, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hurricane 
Regulatory Relief Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                           TITLE I--EDUCATION

       Subtitle A--Elementary and Secondary Educational Programs

Sec. 101. Charter schools.
                    Subtitle B--Teacher Flexibility

Sec. 111. Treatment of highly qualified teachers.
    Subtitle C--Educational Programs for Children With Disabilities

Sec. 121. Agreements to extend certain deadlines of the Individuals 
                            with Disabilities Education Act to 
                            facilitate the provision of educational 
                            services to children with disabilities.
Sec. 122. Paperwork reduction pilot program participation for affected 
                            States.
                  Subtitle D--Higher Education Relief

Sec. 131. Waivers and modifications.
Sec. 132. Transfer of credit.
Sec. 133. Expanding information dissemination regarding eligibility for 
                            Pell Grants.
Sec. 134. Procedures; termination of authority.
                     Subtitle E--Regulatory Relief

Sec. 151. Regulatory and financial relief.
                  TITLE II--HEALTH AND HUMAN SERVICES

                     Subtitle A--Community Services

Sec. 201. Secretary authority.
Sec. 202. State authority.
                         Subtitle B--Head Start

Sec. 211. Head start and early head start children affected by a Gulf 
                            hurricane disaster.
                    Subtitle C--Child Care Services

Sec. 221. Waiver authority to expand the availability of services under 
                            Child Care and Development Block Grant Act 
                            of 1990.
                            TITLE III--LABOR

   Subtitle A--Pension Flexibility for Displaced Workers Act of 2005

Sec. 301. Short title.
Sec. 302. Authority to prescribe guidance by reason of the 
                            Presidentially declared disasters caused by 
                            Hurricane Katrina and Hurricane Rita.
Sec. 303. Authority in the event of Presidentially declared disaster or 
                            terroristic or military actions.
               Subtitle B--Occupational Safety and Health

Sec. 311. Authorization for volunteers.
Sec. 312. Purchase and distribution of equipment.
Sec. 313. State assistance and matching fund restrictions.
Sec. 314. Expiration.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Definitions.
Sec. 402. Procedural waivers.
Sec. 403. Reporting requirements.

                           TITLE I--EDUCATION

       Subtitle A--Elementary and Secondary Educational Programs

SEC. 101. CHARTER SCHOOLS.

    The Secretary of Education shall encourage States--
            (1) to include charter schools in Gulf hurricane disaster 
        relief efforts;
            (2) to provide support to charter schools that are serving 
        individuals adversely affected by a Gulf hurricane disaster; 
        and
            (3) to facilitate the enrollment of students displaced by a 
        Gulf hurricane disaster in charter schools, including by--
                    (A) waiving any requirement relating to whether a 
                student has resided in the geographic area of the 
                charter school;
                    (B) increasing the number of students who may 
                attend a charter school; and
                    (C) removing any other relevant restrictions.

                    Subtitle B--Teacher Flexibility

SEC. 111. TREATMENT OF HIGHLY QUALIFIED TEACHERS.

    For purposes of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et. seq.), and the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.), an individual who was employed 
as a teacher on August 29, 2005, by a local educational agency in a 
State, and who was highly qualified for such employment on such date, 
may be considered by another State, during the 2005-2006 school year, 
to be highly qualified in the same core academic subjects for purposes 
of subsequent employment as a teacher by a local educational agency in 
such other State, if--
            (1) the local educational agency employing the teacher on 
        August 29, 2005, serves an area affected by a Gulf hurricane 
        disaster; and
            (2) the local educational agency subsequently employing the 
        teacher hired the teacher due to needs created by the 
        enrollment of displaced students.

    Subtitle C--Educational Programs for Children With Disabilities

SEC. 121. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE INDIVIDUALS 
              WITH DISABILITIES EDUCATION ACT TO FACILITATE THE 
              PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH 
              DISABILITIES.

    (a) Authority.--The Secretary of Education may enter into an 
agreement described in subsection (b) with an eligible entity to extend 
certain deadlines under the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.) related to providing special education and 
related services, including early intervention services, to individuals 
adversely affected by a Gulf hurricane disaster.
    (b) Terms of Agreements.--An agreement referred to in subsection 
(a) is an agreement with an eligible entity made in accordance with 
subsection (e) that may extend the applicable deadlines under one or 
more of the following sections:
            (1) Section 611(e)(3)(C)(ii) of such Act, by extending up 
        to an additional 60 days the 90 day deadline for developing a 
        State plan for the high cost fund.
            (2) Section 612(a)(15)(C) of such Act, by extending 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 extending up to 
        an additional 60 days the deadline for making available reports 
        regarding the participation in assessments and the performance 
        on such assessments 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 purposes of the provision of special education 
        and related services to such child.
            (5) Section 616(b)(1)(A) of such Act, by extending 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 extending up to an 
        additional 60 days the deadline for submission to the Governor 
        of a State and the Secretary 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 protections, 
                including provisions requiring parental consent for 
                evaluations and services;
                    (C) any procedural safeguards required under 
                section 615 or section 639 of the Individuals with 
                Disabilities Education Act; or
                    (D) any requirements not specified in subsection 
                (b)(1) of this section; or
            (2) as removing the obligation of the eligible entity 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 Disabilities 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 entity shall submit a request to the 
Secretary of Education at such time, in such manner, and containing 
such information as the Secretary may require.

SEC. 122. PAPERWORK REDUCTION PILOT PROGRAM PARTICIPATION FOR AFFECTED 
              STATES.

    (a) Authority.--To identify ways to reduce paperwork burdens and 
other administrative duties that are directly 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 
educational and functional results for children with disabilities, the 
Secretary of Education is authorized to permit an affected State to 
participate in the paperwork reduction pilot program described in 
section 609(a) of such Act.
    (b) Participation by Affected States.--Participation in the 
paperwork reduction pilot program by an affected State shall be in 
addition to the maximum number of States that may so participate in 
accordance with section 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 section 609(a)(3) of such Act, subject to 
        paragraph (2) of this subsection.
            (2) Simplification.--The Secretary may simplify the 
        proposal process for an affected State to participate in the 
        program if the Secretary determines 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. WAIVERS AND MODIFICATIONS.

    Notwithstanding any other provision of law unless enacted with 
specific reference to this section, the Secretary 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 Higher Education Act of 1965, or any student or institutional 
eligibility provisions in such Act, as the Secretary of Education deems 
necessary to ensure that the calculation of expected family 
contribution (under section 474 of such Act) used in the determination 
of need for student financial assistance under such title 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.

SEC. 132. 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 institution 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 Higher Education 
Act of 1965 to be a reliable authority as to the quality of the 
education or training offered.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to--
            (1) authorize an officer or employee of the Department of 
        Education to exercise any direction, supervision, or control 
        over the curriculum, program of instruction, administration, or 
        personnel of any institution of higher education, or over any 
        accrediting agency or association;
            (2) limit the application of the General Education 
        Provisions Act (20 U.S.C. 1221 et seq.); or
            (3) create any legally enforceable right.

SEC. 133. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR 
              PELL GRANTS.

    (a) In General.--The Secretary of Education shall--
            (1) make special efforts, in conjunction with State 
        efforts, to notify affected students and, if applicable, their 
        parents, who qualify for a means-tested Federal benefit 
        program, of their potential eligibility for a maximum Pell 
        Grant; and
            (2) disseminate informational materials regarding such 
        eligibility as the Secretary of Education deems appropriate.
    (b) Means-Tested Federal Benefit Program.--For the purpose of this 
section, the term ``means-tested Federal benefit program''--
            (1) means a mandatory spending program of the Federal 
        Government, other than a program under the Higher Education Act 
        of 1965, in which eligibility for the program'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
            (2) may include--
                    (A) the supplemental security income program under 
                title XVI of the Social Security Act;
                    (B) the food stamp program under the Food Stamp Act 
                of 1977;
                    (C) the free and reduced price school lunch program 
                established under the Richard B. Russell National 
                School Lunch Act;
                    (D) the temporary assistance to needy families 
                program established under part A of title IV of the 
                Social Security Act;
                    (E) the women, infants, and children program 
                established under section 17 of the Child Nutrition Act 
                of 1966; and
                    (F) other programs identified by the Secretary of 
                Education.

SEC. 134. PROCEDURES; TERMINATION OF AUTHORITY.

    (a) Deadlines and Procedures.--Sections 482(c) and 492 of the 
Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098(a)) shall not 
apply to any waivers, modifications, or actions initiated by the 
Secretary of Education under this subtitle.
    (b) Case-by-Case Basis.--The Secretary of Education is not required 
to exercise any waiver or modification authority under this subtitle on 
a case-by-case basis.
    (c) 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 continuing 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, directly or indirectly, to an 
entity in an affected State, the Secretary of Education may, as 
applicable, waive or modify 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 contribution required 
        to match Federal funds provided under programs administered by 
        the Secretary of Education.
    (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 Secretary grants a 
        waiver or modification under this section waiving a requirement 
        relating to maintenance of effort for a fiscal year, the level 
        of effort required for the following fiscal year shall not be 
        reduced 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 expenditure under section 675C(b) (including sums available for 
administrative expenses under paragraph (2) of such section 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 
hurricane 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 provide such services, may temporarily fund 
alternative service 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 hurricane disaster in order to 
meet the immediate needs of individuals 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 Unobligated Funds.--
Notwithstanding any other provision of law, an affected State may apply 
the recapture and redistribution of unobligated funds provisions under 
section 675C(a)(3) of the Community Services Block Grant Act provided 
that the State consults with the eligible entity involved.

                         Subtitle B--Head Start

SEC. 211. HEAD START AND EARLY HEAD START CHILDREN AFFECTED BY A GULF 
              HURRICANE DISASTER.

    (a) Technical Assistance, Guidance, and Resources.--The Secretary 
of Health and Human Services 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 resources, through other regional offices of 
the Administration, at the request of such offices, that administer 
affected Head Start agencies) 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 affected by a Gulf Hurricane 
        disaster and other affected Head Start agencies; and
            (2) shall waive requirements of documentation for an 
        individual adversely affected by a Gulf hurricane disaster who 
        participates in a Head Start program or an Early Head Start 
        program funded under the Head Start Act.

                    Subtitle C--Child Care Services

SEC. 221. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY 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 significant 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 assistance is provided 
        under such Act,
            (2) relating to work requirements applicable to eligibility 
        to receive child care services for which assistance is provided 
        under such Act,
            (3) relating to limitations on the use of funds under 
        section 658G of the Child Care and Development Block Grant Act 
        of 1990,
            (4) preventing children designated as evacuees from 
        receiving priority for child care services provided under such 
        Act, except that children residing in a State and currently 
        receiving services should not lose such services in order to 
        accommodate evacuee children, and
            (5) relating to any non-Federal or capital contribution 
        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 displaced, 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 REASON 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, administrator, 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, notwithstanding any 
provision of title I of the Employee Retirement 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 authority of such Secretary, or from regulations issued 
under any such provision, that such Secretary determines appropriate 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 exemption.
    (b) Exemption From Liability for Acts or Omissions Covered by 
Waiver, Suspension, or Exemption.--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, suspension, 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 exemptions 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 Security Act of 1974 
(29 U.S.C. 1148) is amended by inserting ``, 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 Utilize.--Notwithstanding any 
other provision of law, the Secretary of Labor (hereafter ``the 
Secretary'') may recruit, train, accept, and utilize, without regard to 
the civil service classification laws, rules, or regulations, the 
services of volunteer individuals to aid in or facilitate the 
activities administered by the Secretary through the Occupational 
Safety and Health Administration for projects related to worker safety 
and health in response to the effects of Hurricane Katrina and 
Hurricane Rita.
    (b) Provision of Services and Costs.--The Secretary 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 nominal 
cash awards).
    (c) Federal Employment Status of Volunteers.--
            (1) In general.--Except as provided in paragraph (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, 
        unemployment compensation, and Federal employee benefits.
            (2) Exception.--A volunteer under this section shall be 
        considered a Federal employee for the purposes of--
                    (A) required Federal agency safety and health 
                programs under section 19 of the Occupational 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 provisions of 
                part 2635 of title 5, Code of Federal Regulations.
    (d) Limitation.--No volunteer authorized under this section may aid 
in or facilitate any inspection or investigation relating to, or the 
enforcement of, the Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.).

SEC. 312. PURCHASE AND DISTRIBUTION OF EQUIPMENT.

    The Secretary is authorized to purchase and distribute equipment 
and supplies to public or private entities and individuals for projects 
administered by the Occupational 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 RESTRICTIONS.

    (a) Use of Funds.--Notwithstanding any other provision 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 Occupational Safety and Health 
Administration for projects related to worker safety and health in 
response to the effects of Hurricane Katrina and Hurricane Rita.
    (b) Matching Fund Requirement.--Notwithstanding 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 December 
31, 2006.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. DEFINITIONS.

    For purposes of this Act, except as otherwise specifically 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 children from an area in which a Gulf 
        hurricane disaster has been declared.
            (2) Affected state.--The term ``affected State'' means the 
        State of Alabama, Florida, Louisiana, Mississippi, or Texas.
            (3) 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 enrollment, 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 August 29, 2005, 
                and whose attendance was interrupted because of a Gulf 
                hurricane disaster.
            (4) Area affected by a gulf hurricane disaster.--The term 
        ``area affected by a Gulf hurricane disaster'' means a county 
        or parish, in an affected State, that has been designated by 
        the Federal Emergency Management Agency for disaster assistance 
        for individuals and households as a result of Hurricane Katrina 
        or Hurricane Rita.
            (5) Charter school.--The term ``charter school'' has the 
        meaning given to that term in section 5210 of the Elementary 
        and Secondary Education Act of 1965.
            (6) Child with a disability.--The term ``child with a 
        disability'' has the meaning given such term in section 602(3) 
        of the Individuals with Disabilities Education Act.
            (7) Displaced student.--The term ``displaced student'' 
        means an individual who--
                    (A) but for a Gulf hurricane disaster, would be 
                enrolled during a school year in an elementary or 
                secondary school in an affected State;
                    (B) is unable, due to such disaster, to access 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 different 
                geographic location in a State.
            (8) Elementary school.--The term ``elementary school'' has 
        the meaning given such term in section 9101 of the Elementary 
        and Secondary Education Act of 1965.
            (9) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency (as defined in 
                section 602(19) of the Individuals with Disabilities 
                Education Act) if such agency is located 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 council 
                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.
            (10) 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.
            (11) 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.
            (12) 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 hurricane 
        disaster.
            (13) Infant or toddler with a disability.--The term 
        ``infant or toddler with a disability'' has the meaning given 
        such term in section 632(5) of the Individuals with 
        Disabilities Education Act.
            (14) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965, except 
        that the term does not include institutions under subsection 
        (a)(1)(C) of that section.
            (15) Local educational agency.--The term ``local 
        educational agency'' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965.
            (16) Pupil services.--The term ``pupil services'' has the 
        meaning given such term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.
            (17) Secondary school.--The term ``secondary school'' has 
        the meaning given such term in section 9101 of the Elementary 
        and Secondary Education Act of 1965.
            (18) State.--The term ``State'' has the meaning given such 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965.
            (19) State educational agency.--The term ``State 
        educational agency'' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965.
            (20) State lead agency.--The term ``State lead agency'' has 
        the meaning given such term as designated under 676(a)(1) of 
        the Community Services Block Grant Act.

SEC. 402. PROCEDURAL WAIVERS.

    (a) Publication.--
            (1) In general.--Notwithstanding section 437 of the General 
        Education Provisions Act (20 U.S.C. 1232) and section 553 of 
        title 5, United States Code, the Secretary of Education shall 
        make publicly available the waivers or modifications of 
        statutory and regulatory provisions and other actions the 
        Secretary of Education issues pursuant to this title.
            (2) Terms and conditions.--The notice under paragraph (1) 
        shall include the terms and conditions to be applied in lieu of 
        such statutory and regulatory provisions.

SEC. 403. REPORTING REQUIREMENTS.

    (a) Contents of Report.--Not later than September 30, 2006, each 
State that exercises any authority provided in this Act shall submit to 
the Secretary of jurisdiction a report containing such information as 
the Secretary may require, including information identifying--
            (1) how flexibility provided under this Act is used to 
        provide assistance to individuals adversely affected by a Gulf 
        hurricane disaster, including the number of such individuals 
        assisted;
            (2) how such individuals were assisted;
            (3) if any staff was sent to an area adversely affected by 
        a Gulf hurricane disaster under title II, subtitle A;
            (4) specifying how an affected State exercised its waiver 
        authority under this Act to assist individuals adversely 
        affected by a Gulf hurricane disaster, including waivers 
        received under section 331;
            (5) the amount of funding transferred among programs 
        specified in section 331;
            (6) the amount of funding, if any, transferred to an 
        affected State under subtitle A of title II and how such funds 
        were distributed;
            (7) how additional alternative service providers were 
        chosen by such State to provide immediate assistance under 
        subtitle A of title II; and
            (8) the number and location of teachers considered to be 
        highly qualified for purposes of subsequent employment as a 
        teacher by a local educational agency that hired the teachers 
        due to needs created by the enrollment of displaced students 
        under section 111.
    (b) Report to Congress.--Not later October 30, 2006, the Secretary 
shall submit to the Committee on Education and the Workforce of the 
House of Representatives, the Committee on Health, Education, Labor, 
and Pensions of the Senate, and the respective Committees on 
Appropriations the report described in subsection (a), and any comments 
the Secretary may have with respect to such report.

            Passed the House of Representatives November 16, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.