[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1715 Placed on Calendar Senate (PCS)]







                                                       Calendar No. 213
109th CONGRESS
  1st Session
                                S. 1715

 To provide relief for students and institutions affected by Hurricane 
                    Katrina, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2005

 Mr. Enzi (for himself and Mr. Kennedy) introduced the following bill; 
                     which was read the first time

                           September 19, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To provide relief for students and institutions affected by Hurricane 
                    Katrina, 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Sunset provision.
         TITLE I--ELEMENTARY AND SECONDARY EDUCATION ASSISTANCE

Sec. 101. Waivers and other actions.
Sec. 102. Providing additional support for students affected by 
                            Hurricane Katrina.
Sec. 103. Immediate aid to restart school operations.
Sec. 104. Use of 2004-2005 child count for ESEA and IDEA funding for 
                            sending local educational agencies.
Sec. 105. Payments for receiving local educational agencies.
Sec. 106. Teacher and paraprofessional reciprocity; delay.
Sec. 107. Assistance for homeless youth.
                       TITLE II--HIGHER EDUCATION

Sec. 201. Definitions.
Sec. 202. Waiver authority and modifications to certain provisions of 
                            the Higher Education Act of 1965.
Sec. 203. General waiver authority and required consultation.
Sec. 204. Notice of waivers, modifications, or extensions.
   TITLE III--EMERGENCY AND DISASTER ASSISTANCE TO INDIVIDUALS WITH 
                              DISABILITIES

         Subtitle A--Assistance for Children With Disabilities

Sec. 311. Definitions.
Sec. 312. Use of 2004-2005 numbers of children for IDEA funding for 
                            sending states.
Sec. 313. Support for local educational agencies receiving children 
                            affected by Hurricane Katrina.
        Subtitle B--Assistance for Individuals With Disabilities

Sec. 321. Rehabilitation Act of 1973.
Sec. 322. Assistive Technology Act of 1998.
      TITLE IV--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990

Sec. 401. Short title.
Sec. 402. Waiver authority to expand the availability of services under 
                            Child Care and Development Block Grant Act 
                            of 1990.
Sec. 403. Technical assistance and guidance.
Sec. 404. Authorization of appropriations.
                      TITLE V--HEAD START PROGRAMS

Sec. 501. Definitions.
Sec. 502. Income eligibility and documentation waivers.
Sec. 503. Technical assistance, guidance, and resources.
Sec. 504. Authorization of appropriations.
  TITLE VI--DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT

Sec. 601. Department of Education Inspector General audit and report.

SEC. 2. SUNSET PROVISION.

    The provisions of this Act (other than section 202(b)) shall be 
effective for the period beginning on the date of enactment of this Act 
and ending on September 30, 2006.

         TITLE I--ELEMENTARY AND SECONDARY EDUCATION ASSISTANCE

SEC. 101. WAIVERS AND OTHER ACTIONS.

    (a) Current Waiver and Other Authority.--The Secretary of Education 
is encouraged to exercise the maximum waiver authority available or 
exercise other actions for States, local educational agencies, and 
schools affected by Hurricane Katrina with respect to the waiver 
authority or authorization of actions provided under the following 
provisions of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.):
            (1) Section 1111(b)(3)(C)(vii) of such Act (20 U.S.C. 
        6311(b)(3)(C)(vii)).
            (2) Section 1111(b)(7) of such Act (20 U.S.C. 6311(b)(7)).
            (3) Section 1111(c)(1) of such Act (20 U.S.C. 6311(c)(1)).
            (4) Section 1111(h)(2)(A)(i) of such Act (20 U.S.C. 
        6311(h)(2)(A)(i)).
            (5) Section 1116(b)(7)(D) of such Act (20 U.S.C. 
        6316(b)(7)(D)).
            (6) Section 1116(c)(10)(F) of such Act (20 U.S.C. 
        6316(c)(10)(F)).
            (7) Section 1125A(e)(3) of such Act (20 U.S.C. 6337(e)(3)).
            (8) Section 3122(a)(3)(B) of such Act (20 U.S.C. 
        6842(a)(3)(B)).
            (9) Section 5141(c) of such Act (20 U.S.C. 7217(c)).
            (10) Section 7118(c)(3)(A) of such Act (20 U.S.C. 
        7428(c)(3)(A)).
            (11) Section 9521(c) of such Act (20 U.S.C. 7901(c)).
    (b) Report on Waivers.--Not later than December 31, 2005, the 
Secretary of Education shall prepare and submit a report on the States 
requesting a waiver of any provision under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) due to the impact of 
Hurricane Katrina to the Committee on Education and the Workforce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate.

SEC. 102. PROVIDING ADDITIONAL SUPPORT FOR STUDENTS AFFECTED BY 
              HURRICANE KATRINA.

    (a) Grants Authorized.--From amounts appropriated under subsection 
(d), the Secretary of Education is authorized to make grants to 
eligible local educational agencies to enable such agencies to provide, 
to students displaced or affected by Hurricane Katrina--
            (1) supplemental educational services consistent with the 
        definitions, criteria, and amounts established under section 
        1116(e) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6316(e)); or
            (2) additional programs and activities under part B of 
        title IV of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7171 et seq.) relating to 21st century community 
        learning centers.
    (b) Definition of Eligible Local Educational Agency.--In this 
section, the term ``eligible local educational agency'' means--
            (1) a local educational agency in an area in which a major 
        disaster has been declared in accordance with section 401 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5170) related to Hurricane Katrina; or
            (2) a local educational agency that enrolls a significant 
        number of students displaced from an area where a major 
        disaster has been declared in accordance with section 401 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5170) related to Hurricane Katrina, as compared 
        to the total student enrollment in the schools served by the 
        agency.
    (c) Interaction With the ESEA.--
            (1) Supplemental educational services.--An eligible local 
        educational agency providing services described in subsection 
        (a)(1) may provide such services to a student displaced by 
        Hurricane Katrina regardless of the status of the school such 
        student attends under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
            (2) Special rule.--Section 9534(a) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7914(a)) shall apply 
        to the services, programs, and activities funded under this 
        section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for fiscal year 
2006.

SEC. 103. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate and direct assistance to local 
        educational agencies in Louisiana, Mississippi, and Alabama 
        that serve an area in which a major disaster has been declared 
        in accordance with section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), 
        related to Hurricane Katrina;
            (2) to assist school district administrators and personnel 
        of such agencies who are working to restart operations in 
        elementary schools and secondary schools served by such 
        agencies; and
            (3) to facilitate the re-opening of elementary schools and 
        secondary schools served by such agencies and the re-enrollment 
        of students in such schools as soon as possible.
    (b) Payments Authorized.--From amounts appropriated to carry out 
this section, the Secretary of Education is authorized to make payments 
in accordance with subsection (c), in November of 2005, to local 
educational agencies in Louisiana, Mississippi, and Alabama that serve 
schools certified by the Secretary as being located in an area in which 
a major disaster has been declared in accordance with section 401 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170), related to Hurricane Katrina.
    (c) Eligibility and Consideration.--In determining whether to award 
a payment under this section, or the amount of the payment, the 
Secretary of Education shall consider the following:
            (1) The number of school-aged children served by the local 
        educational agency in the academic year preceding the academic 
        year for which the payment is awarded.
            (2) The severity of the impact of Hurricane Katrina on the 
        local educational agency and the extent of the needs in each 
        local educational agency in Louisiana, Mississippi, and Alabama 
        that is in an area in which a major disaster has been declared 
        in accordance with section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), 
        related to Hurricane Katrina.
    (d) Applications.--Each local educational agency desiring a payment 
under this section shall submit an application to the Secretary of 
Education at such time, in such manner, and accompanied by such 
information as the Secretary of Education may require.
    (e) Uses of Funds.--
            (1) In general.--A local educational agency receiving a 
        payment under this section shall use the payment for--
                    (A) recovery of student and personnel data, and 
                other electronic information;
                    (B) replacement of school district information 
                systems, including hardware and software;
                    (C) financial operations;
                    (D) rental of mobile educational units and leasing 
                of neutral sites or spaces;
                    (E) initial replacement of instructional materials 
                and equipment, including textbooks;
                    (F) redeveloping instructional plans, including 
                curriculum development;
                    (G) initiating and maintaining education and 
                support services; and
                    (H) such other activities related to the purpose of 
                this section that are approved by the Secretary.
            (2) Prohibitions.--Payments received under this section 
        shall not be used for any of the following:
                    (A) Construction or renovation of schools.
                    (B) Payments to school administrators or teachers 
                who are not actively engaged in restarting or re-
                opening schools.
    (f) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, not supplant, any funds made 
available through the Federal Emergency Management Agency or through a 
State.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $900,000,000 for fiscal year 
2006.

SEC. 104. USE OF 2004-2005 CHILD COUNT FOR ESEA AND IDEA FUNDING FOR 
              SENDING LOCAL EDUCATIONAL AGENCIES.

    In calculating funding under part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) and part B 
of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
seq.) for the 2006-2007 school year for a local educational agency, the 
Secretary of Education shall use the child count applicable for such 
agency that was calculated for the 2004-2005 school year if--
            (1) such agency serves an area in which the President has 
        declared that a major disaster exists in accordance with 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane 
        Katrina; and
            (2) such agency, for the 2006-2007 school year, has a net 
        loss of students as compared with the 2004-2005 school year.

SEC. 105. PAYMENTS FOR RECEIVING LOCAL EDUCATIONAL AGENCIES.

    (a) Payments Authorized.--
            (1) In general.--Not later than December of 2005 and not 
        later than 5 months after the date of the first payment made 
        under this paragraph, the Secretary of Education shall make 
        payments to eligible local educational agencies in accordance 
        with subsection (d) to enable the agencies to improve the 
        instruction of the displaced students served by the agencies.
            (2) Eligible local educational agencies.--A local 
        educational agency is eligible to receive a payment under 
        paragraph (1) if the agency serves an elementary school or 
        secondary school (including a charter school) in which there is 
        enrolled a displaced student who enrolled in such school.
    (b) Definition of Displaced Student.--In this section, the term 
``displaced student'' means a student who enrolled in an elementary 
school or secondary school (including a charter school) served by a 
local educational agency because such student resides or resided on 
August 22, 2005, in an area for which a major disaster has been 
declared in accordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related 
to Hurricane Katrina.
    (c) Number of Students.--Not later than December 15, 2005, and 
April 15, 2006, each eligible local educational agency shall submit to 
the Secretary of Education documentation that indicates the number of 
displaced students enrolled in the elementary schools and secondary 
schools (including charter schools) served by such agency, including 
the number of displaced students who are assisted under part B of the 
Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
    (d) Amount of Payments.--The amount of a payment under subsection 
(a) for an eligible local educational agency shall equal the sum of--
            (1) 50 percent of the product of the number of displaced 
        students (not including displaced students who are assisted 
        under part B of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1411 et seq.)) served by such agency as described in 
        subsection (c) times the average per-pupil expenditure for the 
        most recent fiscal year for which the information is available 
        (but not earlier than fiscal year 2003) in the State in which 
        such agency is located, and
            (2) 50 percent of the product of the number of displaced 
        students served by such agency who are assisted under part B of 
        the Individuals with Disabilities Education Act (20 U.S.C. 1411 
        et seq.) as described in subsection (c) times 125 percent of 
        the average per-pupil expenditure for the most recent fiscal 
        year for which the information is available (but not earlier 
        than fiscal year 2003) in the State in which such agency is 
        located.
    (e) Displaced Students Not to Count for Esea and Idea Funding.--In 
calculating funding under part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) and part B of 
the Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
seq.) for a local educational agency that receives a payment under this 
section, the Secretary of Education shall not count, for purposes of 
calculating such funding under such parts, displaced students served by 
such agency for whom a payment is received under this section.
    (f) Use of Funds.--A local educational agency receiving a payment 
under this section shall use such payment to enhance instructional 
opportunities for displaced students who enroll in elementary schools 
and secondary schools served by such agency, which uses may include--
            (1) providing instructional services to such students;
            (2) paying the compensation of personnel, including teacher 
        aides, to provide instructional services to such students; and
            (3) identifying and acquiring curricular material, 
        including the costs of providing additional classroom supplies, 
        and mobile educational units and leasing neutral sites or 
        spaces.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000,000 for fiscal year 
2006.

SEC. 106. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

    (a) Teacher and Paraprofessional Reciprocity.--
            (1) Teachers.--
                    (A) Affected teacher.--In this subsection, the term 
                ``affected teacher'' means a teacher who is displaced 
                due to Hurricane Katrina to a State that is different 
                from the State in which such teacher resided before 
                Hurricane Katrina.
                    (B) In general.--A local educational agency may 
                consider an affected teacher hired by such agency who 
                is not highly qualified in the State in which such 
                agency is located to be highly qualified, for purposes 
                of section 1119 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6319), for a period 
                not to exceed 1 year, if such teacher was highly 
                qualified, consistent with section 9101(23) of the 
                Higher Education Act of 1965 (20 U.S.C. 7801(23)), on 
                or before August 22, 2005, in the State in which such 
                teacher resided before Hurricane Katrina.
            (2) Paraprofessional.--
                    (A) Affected paraprofessional.--In this subsection, 
                the term ``affected paraprofessional'' means a 
                paraprofessional who is displaced due to Hurricane 
                Katrina to a State that is different from the State in 
                which such paraprofessional resided before Hurricane 
                Katrina.
                    (B) In general.--A local educational agency may 
                consider an affected paraprofessional hired by such 
                agency who does not satisfy the requirements of section 
                1119(c) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6319(c)) in the State in which such 
                agency is located to satisfy such requirements, for 
                purposes of such section, for a period not to exceed 1 
                year, if such paraprofessional satisfied such 
                requirements on or before August 22, 2005, in the State 
                in which such paraprofessional resided before Hurricane 
                Katrina.
    (b) Delay.--The Secretary of Education may delay, for a period not 
to exceed 1 year, applicability of the requirements of paragraphs (2) 
and (3) of section 1119(a) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) with respect to the States 
of Alabama, Louisiana, and Mississippi (and local educational agencies 
within the jurisdiction of such States), if any such State or local 
educational agency demonstrates that a failure to comply with such 
requirements is due to exceptional or uncontrollable circumstances, 
such as a natural disaster or a precipitous and unforeseen decline in 
the financial resources of local educational agencies within the State.

SEC. 107. ASSISTANCE FOR HOMELESS YOUTH.

    (a) In General.--The Secretary of Education shall provide 
assistance to local educational agencies serving homeless children and 
youths displaced by Hurricane Katrina, consistent with section 723 of 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433), including 
identification, enrollment assistance, assessment and school placement 
assistance, transportation, coordination of school services, supplies, 
referrals for health, mental health, and other needs.
    (b) Exception and Distribution of Funds.--
            (1) Exception.--For purposes of providing assistance under 
        subsection (a), subsections (c) and (e)(1) of section 722 and 
        subsections (b) and (c) of section 723 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 
        11433(b) and (c)) shall not apply.
            (2) Disbursement.--The Secretary of Education shall 
        disburse funding provided under subsection (a) to State 
        educational agencies based on need, as determined by the 
        Secretary, and such State educational agencies shall distribute 
        funds to local educational agencies based on demonstrated need, 
        for the purposes of carrying out section 723 of the McKinney-
        Vento Homeless Assistance Act (42 U.S.C. 11433).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000.

                       TITLE II--HIGHER EDUCATION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Affected borrower.--The term ``affected borrower'' 
        means an individual who--
                    (A) was in repayment on a loan made, insured, or 
                guaranteed under part B, D, or E of the Higher 
                Education Act of 1965 (20 U.S.C. 1071 et seq.; 1087a et 
                seq.; 1087aa et seq.) on August 22, 2005, or enters or 
                entered repayment after August 22, 2005 and before June 
                30, 2006; and
                    (B)(i) lives or lived in an area in which an 
                emergency or major disaster was declared under section 
                401 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170) due to the 
                effects of Hurricane Katrina; or
                    (ii) worked, as of August 22, 2005, in such an 
                area.
            (2) Affected institution.--The term ``affected 
        institution'' means an institution of higher education, as 
        defined in section 101 or 102 of the Higher Education Act of 
        1965 (20 U.S.C. 1001, 1002) located in an area in which an 
        emergency or major disaster was declared under section 401 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act due to the effects of Hurricane Katrina.
            (3) Affected student.--The term ``affected student'' means 
        a student who was enrolled on August 29, 2005 in an affected 
        institution.
            (4) Distance education.--
                    (A) In general.--The term ``distance education'' 
                means a course or program that uses 1 or more of the 
                technologies described in subparagraph (B) to--
                            (i) deliver instruction to students who are 
                        separated from the instructor; and
                            (ii) support regular and substantive 
                        interaction between the students and the 
                        instructor, either synchronously or 
                        asynchronously.
                    (B) Inclusions.--For the purposes of subparagraph 
                (A), the technologies used may include--
                            (i) the Internet;
                            (ii) one-way and two-way transmissions 
                        through open broadcast, closed circuit, cable, 
                        microwave, broadband lines, fiber optics, 
                        satellite, or wireless communications devices;
                            (iii) audio conferencing; or
                            (iv) video cassette, DVDs, and CD-ROMs, 
                        provided that they are used in a course in 
                        conjunction with the technologies listed in 
                        clauses (i) through (iii).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 202. WAIVER AUTHORITY AND MODIFICATIONS TO CERTAIN PROVISIONS OF 
              THE HIGHER EDUCATION ACT OF 1965.

    (a) Waiver of Grant Repayments by Students.--Notwithstanding 
section 484B of the Higher Education Act of 1965 (20 U.S.C. 1091b), the 
Secretary shall waive the amounts that students would otherwise be 
required to return to the Department of Education with respect to any 
grant assistance under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) for an affected student who was unable to attend, 
or whose attendance was interrupted, because of the impact of Hurricane 
Katrina on the student or an affected institution.
    (b) Extension of Period for Repayment of Student Grant Assistance 
by Affected Institutions.--An affected institution shall calculate the 
amount of Federal Pell Grant funds and Federal Supplemental Educational 
Opportunity Grant funds that the affected institution is required to 
return in accordance with section 484B of the Higher Education Act of 
1965, but the Secretary shall grant an extension until June 30, 2010, 
for the return of the funds to the Department of Education. If any 
affected institution does not return such grant funds in full by the 
July 1, 2010, the Secretary shall work out a repayment schedule with 
the affected institution that may include payment of interest. The 
Secretary may assess a penalty for failure to return such grant funds 
in full by July 1, 2010, or for failure to make a payment in accordance 
with a repayment schedule.
    (c) Temporary Loan Deferment for Affected Students Who Do Not 
Enroll in Another Institution.--With respect to a loan made, insured, 
or guaranteed under part B, D, or E of title IV of the Higher Education 
Act of 1965, an affected student who does not enroll in another 
institution of higher education at any time during the period beginning 
on August 22, 2005, and ending on and June 30, 2006, and is not 
eligible for an in-school deferment, shall be placed in deferment 
status for that period.
    (d) Extension of Period for Return of Loan Proceeds to the Lender 
or the Perkins Loan Fund by Affected Institutions.--An affected 
institution shall calculate the amount to be credited to outstanding 
balances on loans made, insured, or guaranteed under part B, D, or E of 
title IV of the Higher Education Act of 1965, but shall have until June 
30, 2006 to remit the funds to the appropriate account or lender. If 
records related to such balances or loans were destroyed or are 
inaccessible as a result of Hurricane Katrina, affected institutions 
are encouraged to use additional sources of information regarding such 
balances or loans, such as information from lenders and guaranty 
agencies. In the event an affected institution does not remit such 
amounts as required under the preceding sentence, the Secretary shall 
hold the affected student harmless, and shall make a payment on behalf 
of the affected student and take such action as the Secretary 
determines necessary to recover the amounts from the affected 
institution, including interest and penalties, as the Secretary 
determines appropriate.
    (e) Authority To Exceed Annual Loan Limits.--Notwithstanding any 
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), 
the Secretary shall permit an affected student to exceed the annual 
loan limits under part B, D, or E of title IV of the Higher Education 
Act of 1965 by an amount not greater than the applicable loan limit for 
such student under such part during the period beginning on July 1, 
2005 and ending on June 30, 2006.
    (f) Waiver Authority To Facilitate Use of Federal Work-Study 
Funds.--The Secretary is authorized--
            (1) to make whatever arrangements the Secretary determines 
        are necessary and feasible in order to transfer Federal work-
        study funds under part C of title IV of the Higher Education 
        Act of 1965 (42 U.S.C. 2751 et seq.) from an affected 
        institution to an institution of higher education that enrolls 
        an affected student during the 2005-2006 award year; and
            (2) with respect to the Federal work-study funds that are 
        transferred to an institution of higher education in accordance 
        with paragraph (1), to waive all of the non-Federal share 
        requirements under such part for the institution of higher 
        education that enrolls the affected student during the 2005-
        2006 award year.
    (g) Forbearance.--Notwithstanding the provisions of part B, D, or E 
of title IV of the Higher Education Act of 1965, a lender, the 
Secretary, or an institution of higher education is authorized to 
provide not more than 1 year of forbearance to an affected borrower 
without documentation.
    (h) Professional Judgment.--A financial aid administrator shall be 
considered to be making an adjustment in accordance with section 
479A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)) if 
the financial aid administrator makes the adjustment with respect to 
the calculation of the expected student or parent contribution (or 
both) for an affected student, or for a student or a parent who resides 
or resided on August 22, 2005, or was employed on August 22, 2005, in 
an area in which an emergency or major disaster was declared under 
section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act due to the effects of Hurricane Katrina. The financial 
aid administrator shall adequately document the need for the 
adjustment. The Secretary is authorized to simplify such documentation 
for institutions of higher education that receive a significant number 
of affected students as compared to the total student enrollment at the 
institution.
    (i) Modification of Part A of Title II Grants Authorized.--The 
Secretary is authorized to approve modifications to the requirements 
for Teacher Quality Enhancement Grants for States and Partnerships 
under part A of title II of the Higher Education Act of 1965 (20 U.S.C. 
1021 et seq.), at the request of the grantee--
            (1) to assist States and local educational agencies to 
        recruit and retain highly qualified teachers in a school 
        district located in an area in which an emergency or major 
        disaster was declared under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act due to 
        the effects of Hurricane Katrina; and
            (2) to assist institutions of higher education, as defined 
        in section 101 of such Act (20 U.S.C. 1001), located in such 
        area to recruit and retain faculty necessary to prepare 
        teachers and provide professional development.
    (j) Waiver Authority To Modify Authorized Uses of TRIO, GEAR-UP, 
Part A or B of Title III, and Other Grants.--The Secretary is 
authorized to modify the required and allowable uses of funds under 
chapters 1 and 2 of subpart 2 of part A of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a-21 et seq.), 
under part A or B of title III (20 U.S.C. 1057 et seq., 1060 et seq.), 
and under any other competitive grant program, at the request of an 
affected institution or other grantee, with respect to affected 
institutions and other grantees located in an area in which an 
emergency or major disaster was declared under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act due to 
the effects of Hurricane Katrina.
    (k) Authority To Extend or Waive Reporting Requirements Under 
Section 131(a).--The Secretary is authorized to extend reporting 
deadlines or waive reporting requirements under section 131(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1015(a)) for an affected 
institution.
    (l) Distance Education Student and Program Eligibility.--
            (1) Program eligibility.--Notwithstanding section 102(a)(3) 
        of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(3)), an 
        institution of higher education, other than a foreign 
        institution, that offers education or training programs 
        principally through distance education shall be considered to 
        meet the definition of an institution of higher education under 
        section 101 or 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1001, 1002) if such institution--
                    (A) has been evaluated and determined to have the 
                capability to effectively deliver distance education 
                programs by an accrediting agency or association that--
                            (i) is recognized by the Secretary under 
                        part H of title IV of the Higher Education Act 
                        of 1965 (20 U.S.C. 1099a et seq.); and
                            (ii) has evaluation of distance education 
                        programs within the scope of its recognition, 
                        as described in section 496(n)(3) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1099b(n)(3));
                    (B) is otherwise eligible to participate in 
                programs authorized under title IV of the Higher 
                Education Act of 1965 (20 U.S.C. 1070 et seq.);
                    (C) has not had its participation in programs under 
                title IV of the Higher Education Act of 1965 suspended 
                or terminated within the previous 5 years; and
                    (D) has not had, or failed to resolve, an audit 
                finding or program review finding under the Higher 
                Education Act of 1965 during the 2 years preceding the 
                year for which the determination is made that, 
                following any appeal to the Secretary, resulted in the 
                institution being required to repay an amount that is 
                equal to or greater than 25 percent of the total funds 
                the institution received under the programs authorized 
                under title IV of the Higher Education Act of 1965 for 
                the most recent award year.
            (2) Student eligibility.--Notwithstanding any provision of 
        the Higher Education Act of 1965, an affected student enrolled 
        in a course of instruction at an institution of higher 
        education that is offered principally through distance 
        education and leads to a recognized certificate, or associate, 
        baccalaureate, or graduate degree, conferred by such 
        institution, shall not be considered to be enrolled in 
        correspondence courses.

SEC. 203. GENERAL WAIVER AUTHORITY AND REQUIRED CONSULTATION.

    (a) Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may waive or modify any statutory provision 
        of the Higher Education Act of 1965 or any regulation 
        implementing such Act as the Secretary determines necessary in 
        connection with the emergency or major disaster that was 
        declared under section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act due to the effects of 
        Hurricane Katrina.
            (2) Actions authorized.--In carrying out paragraph (1), the 
        Secretary is authorized to waive or modify any provision 
        described in paragraph (1) as the Secretary determines 
        necessary to ensure that--
                    (A) administrative requirements placed on affected 
                students, affected borrowers, institutions of higher 
                education, lenders, guaranty agencies and grantees are 
                minimized to the extent possible without impairing the 
                integrity of the higher education programs under the 
                Higher Education Act of 1965, to ease the burden on 
                such participants; or
                    (B) institutions of higher education, lenders, 
                guaranty agencies, and other entities participating in 
                the student financial assistance programs under title 
                IV of the Higher Education Act of 1965, that serve an 
                area in which an emergency or major disaster was 
                declared under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act due to the 
                effects of Hurricane Katrina, may be granted temporary 
                relief from requirements that are rendered infeasible 
                or unreasonable due to the affects of Hurricane 
                Katrina, including due diligence requirements and 
                reporting deadlines.
    (b) Construction.--Nothing in this section shall be construed to 
allow the Secretary to waive or modify any applicable statutory or 
regulatory requirements prohibiting discrimination in a program or 
activity, or in employment or contracting, under existing law (in 
existence on the date of the Secretary's action).
    (c) Consultation.--Prior to granting any waiver or modification 
under this section, the Secretary shall consult with the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Education and the Workforce of the House of Representatives with 
respect to waivers or modifications under this section.

SEC. 204. NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.

    (a) 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 shall publish in the Federal Register 
a notice of the waivers, modifications, or extensions granted under 
section 202 or 203.
    (b) Terms and Conditions.--The notice described in paragraph (1) 
shall include information on the waivers, modifications, and extensions 
granted under section 202 or 203, and shall include the terms and 
conditions to be applied in lieu of the statutory and regulatory 
provisions waived, modified, or extended under section 202 or 203, 
respectively.

   TITLE III--EMERGENCY AND DISASTER ASSISTANCE TO INDIVIDUALS WITH 
                              DISABILITIES

         Subtitle A--Assistance for Children With Disabilities

SEC. 311. DEFINITIONS.

    In this subtitle:
            (1) In general.--The terms ``child with a disability'', 
        ``local educational agency'', ``related services'', and 
        ``special education'' have the meaning given such terms in 
        section 602 of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1401).
            (2) Affected by hurricane katrina.--The term ``affected by 
        Hurricane Katrina'', when used with respect to an individual, 
        means an individual who resides or resided on August 22, 2005 
        in, or is or was enrolled on August 22, 2005, in a school 
        located in, an area in which the President has declared that a 
        major disaster or emergency exists in accordance with section 
        401 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170) related to Hurricane Katrina.
            (3) Infant or toddler with a disability.--The term ``infant 
        or toddler with a disability'' has the meaning given such term 
        in section 632 of the Individuals with Disabilities Education 
        Act (20 U.S.C. 1432).

SEC. 312. USE OF 2004-2005 NUMBERS OF CHILDREN FOR IDEA FUNDING FOR 
              SENDING STATES.

    (a) In General.--In calculating funding under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.) for the 2005-2006 
school year and the 2006-2007 school year for a State that meets the 
requirements of subsection (b), the Secretary of Education shall use 
data from the 2004-2005 school year to determine the number of children 
in such State for the purposes of--
            (1) subsections (a) and (d)(3) of section 611 of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1411(a) 
        and (d)(3));
            (2) section 619 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1419), if such State is eligible to 
        receive an allocation under such section; and
            (3) section 643(c) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1443(c)).
    (b) Sending States.--A State qualifies under this section if such 
State--
            (1) includes an area in which the President has declared 
        that a major disaster exists in accordance with section 401 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5170) related to Hurricane Katrina; and
            (2) for the 2005-2006 school year or 2006-2007 school year, 
        has a net loss of students attending the schools located in the 
        State, as compared with the 2004-2005 school year.

SEC. 313. SUPPORT FOR LOCAL EDUCATIONAL AGENCIES RECEIVING CHILDREN 
              AFFECTED BY HURRICANE KATRINA.

    (a) Flexibility for Local Educational Agencies.--Notwithstanding 
any other provision of the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.), for a fiscal year in which funds are 
appropriated under this section, the Secretary of Education shall 
provide a portion (as determined by the Secretary) of such funds to an 
eligible local educational agency for the purpose of providing early 
intervening services, as described in section 613(f) of such Act (20 
U.S.C. 1413(f)), to a student who is affected by Hurricane Katrina--
            (1) if the student has not been identified by such agency 
        as needing special education and related services but has been 
        identified as needing additional academic and behavioral 
        support; or
            (2) if the student's record of receiving special education 
        and related services are not available but the parent or 
        guardian of the student certifies that the student received 
        special education and related services at the student's 
        preceding school, until such time as an eligibility 
        determination under section 614 of such Act (20 U.S.C. 1414) 
        can be made, except that early intervening services under this 
        paragraph shall not be provided for more than 90 days unless 
        the school and parent or guardian agree that progress is being 
        made toward obtaining the eligibility determination.
    (b) Rule of Construction.--In the case of a child with a disability 
who is affected by Hurricane Katrina and whose records are available to 
the local educational agency, nothing in this section shall be 
construed to supersede the transfer provisions of section 614(d)(2)(C) 
of the Individuals with Disabilities Education Act (20 U.S.C. 
1414(d)(2)(C)).
    (c) Limitation.--An eligible local educational agency providing 
early intervening services under this section shall ensure that such 
services do not interfere with the special education and related 
services provided under the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.) to a child with a disability who is not 
affected by Hurricane Katrina and is enrolled in a school served by the 
eligible local educational agency.
    (d) Definition of Eligible Local Educational Agency.--The term 
``eligible local educational agency'' means a local educational agency 
that enrolls a student who is affected by Hurricane Katrina and who 
relocates to a school served by the local educational agency.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2006.

        Subtitle B--Assistance for Individuals With Disabilities

SEC. 321. REHABILITATION ACT OF 1973.

    (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) Emergency.--The term ``emergency'' means an emergency 
        declared by the President in accordance with section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance 
        <brit-pound>Act (42 U.S.C. 5170), related to Hurricane Katrina.
            (3) Individual with a disability.--The term ``individual 
        with a disability'' has the meaning given the term in section 3 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102).
            (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--
                    (A) resided on August 22, 2005 in an area in which 
                the President has declared that a major disaster 
                exists; and
                    (B) resides in an area in which the President has 
                declared that an emergency or major disaster exists.
            (5) Major disaster.--The term ``major disaster'' means a 
        major disaster declared by the President in accordance with 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane 
        Katrina.
    (b) Reallotments of Funds.--
            (1) In general.--In realloting funds to States under 
        section 110(e)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 
        730(e)(2)) for fiscal year 2005 the Secretary shall give 
        preference to affected States.
            (2) Waivers.--If the Secretary reallots funds under section 
        110(e)(2) of the Rehabilitation Act of 1973 to an affected 
        State for a fiscal year, the State may submit an application to 
        the Commissioner of the Rehabilitation Services Administration 
        requesting a waiver of non-Federal share requirements 
        applicable to programs under title I of such Act (29 U.S.C. 720 
        et seq.) for that fiscal year. The Commissioner shall develop 
        criteria for granting or denying such applications.
    (c) Community Development Apprenticeships.--An affected State that 
receives reallotted funds as described in subsection (b) may use the 
funds to pay for apprenticeship programs (which may include training, 
mentoring, or job shadowing opportunities) that contribute to the 
economic growth and development of communities, to enable 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.

SEC. 322. ASSISTIVE TECHNOLOGY ACT OF 1998.

    (a) Definitions.--In this section:
            (1) In general.--The terms defined in section 321(c) have 
        the meanings given the terms in that section.
            (2) Assistive technology device.--The term ``assistive 
        technology device'' has the meaning given the term in section 3 
        of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
    (b) Programs.--An affected State that receives a grant under 
section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003) may 
submit an application to the Commissioner of the Rehabilitation 
Services Administration requesting authority, for a 90-day period, to 
use the funds made available through the grant for device reutilization 
programs, device loan programs, and device demonstrations, described in 
that section and for programs that directly provide assistive 
technology devices purchased by or donated to the State, in order to 
enable individuals with disabilities affected by Hurricane Katrina to 
replace assistive technology devices that were damaged or lost in the 
emergency or major disaster involved. The Commissioner shall develop 
criteria for approving or denying such applications.
    (c) Use of Funds.--An affected State that, in accordance with 
authority received under subsection (b), uses funds made available 
through such a grant for activities described in subsection (b) during 
the 90-day period described in subsection (b) may treat such funds as 
having been used to carry out activities under section 4(e)(2) of the 
Assistive Technology Act of 1998 (29 U.S.C. 3003(e)(2)), for purposes 
of meeting the use of funds requirements of section 4(e) of such Act 
(29 U.S.C. 3003(e)).
    (d) Grants.--
            (1) In general.--The Secretary may make grants to affected 
        States with approved applications under subsection (b) to 
        enable the States to carry out programs described in subsection 
        (b) in order to enable individuals with disabilities affected 
        by Hurricane Katrina to replace assistive technology devices as 
        described in that subsection. In the case of a State that 
        receives a grant under this paragraph, the State may obligate 
        the funds made available through the grant during the 90-day 
        period applicable to the State under subsection (b).
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $2,000,000 for 
        fiscal year 2006, to remain available as necessary to permit 
        obligations described in paragraph (1).

      TITLE IV--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Child Care Disaster Assistance Act 
of 2005''.

SEC. 402. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF SERVICES UNDER 
              CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990.

    (a) Authority.--For such period (ending not later than March 31, 
2006), and to such extent as the Secretary of Health and Human Services 
considers to be appropriate, the Secretary may waive the provisions 
described in subsection (b) for any area with respect to which the 
President has determined that an emergency, or a major disaster, as 
defined in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122), exists, related to Hurricane 
Katrina, for the purpose of providing child care services to children 
orphaned, or of families displaced, as a result of Hurricane Katrina.
    (b) Provisions.--The provisions referred to in subsection (a) are 
provisions of the Child Care and Development Block Grant Act of 1990 
(42 U.S.C. 9858 et seq.)--
            (1) relating to 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) requiring the application of section 658G to States in 
        which an area described in subsection (a) is located;
            (4) requiring a copayment or other cost sharing by the 
        families that receive child care services for which assistance 
        is provided under such Act; and
            (5) preventing children designated as evacuees from 
        receiving priority for child care services for which assistance 
        is provided under such Act, except that children residing in an 
        area and currently receiving services on August 22, 2005 shall 
        not lose such services in order to accommodate evacuee 
        children.

SEC. 403. TECHNICAL ASSISTANCE AND GUIDANCE.

    The Secretary may assist States to provide technical assistance and 
guidance to child care providers who are licensed and regulated, as 
applicable, by the States, in order to enable the providers to provide 
child care services for children and families described in section 
402(a).

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to provide for child care 
services for children and families described in section 402(a) as 
provided for in section 402, and to carry out section 403, $112,000,000 
for fiscal year 2006.

                      TITLE V--HEAD START PROGRAMS

SEC. 501. DEFINITIONS.

    In this title:
            (1) Children affected by hurricane katrina.--The term 
        ``children affected by Hurricane Katrina'' means a child who is 
        not older than 5 and who resides or resided on August 22, 2005, 
        in an area in which the President has declared that a major 
        disaster exists.
            (2) Impacted head start agencies.--The term ``impacted Head 
        Start agency'' means a Head Start agency receiving a 
        significant number of children from an area in which a major 
        disaster has been declared.
            (3) Major disaster.--The term ``major disaster'' means a 
        major disaster declared by the President in accordance with 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane 
        Katrina.

SEC. 502. INCOME ELIGIBILITY AND DOCUMENTATION WAIVERS.

    The Secretary of Health and Human Services shall waive requirements 
of income eligibility and documentation for children affected by 
Hurricane Katrina who participate in Head Start programs and Early Head 
Start programs funded under the Head Start Act.

SEC. 503. TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.

    The Secretary 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 
impacted Head Start agencies) to Head Start agencies in areas in which 
a major disaster has been declared, and to impacted Head Start 
agencies, to assist the agencies involved in providing Head Start 
services to children affected by Hurricane Katrina.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to provide for Head Start 
services (including Early Head Start services) to children affected by 
Hurricane Katrina as provided for in section 502, and to carry out 
section 503, $45,000,000 for fiscal year 2006.

  TITLE VI--DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT

SEC. 601. DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT.

    (a) In General.--The Inspector General of the Department of 
Education (referred to in this section as the ``Inspector General'') 
shall conduct an audit and investigation of each program carried out by 
the Department of Education that includes response and recovery 
activities related to Hurricane Katrina.
    (b) Weekly Report.--Not less frequently than once a week, the 
Inspector General shall provide a report to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Education and the Workforce of the House of Representatives listing the 
audits and investigations initiated pursuant to subsection (a).
    (c) Status Report.--Not later than 6 months after the date of 
enactment of this section, and biannually thereafter until the audits 
and investigations described in subsection (a) are complete, the 
Inspector General shall report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Education and 
the Workforce of the House of Representatives on the full status of the 
activities of the Inspector General under this section.
    (d) Cooperative Ventures.--In carrying out this section, the 
Inspector General is encouraged to enter into cooperative ventures with 
Inspectors General of other Federal agencies.
                                                       Calendar No. 213

109th CONGRESS

  1st Session

                                S. 1715

_______________________________________________________________________

                                 A BILL

 To provide relief for students and institutions affected by Hurricane 
                    Katrina, and for other purposes.

_______________________________________________________________________

                           September 19, 2005

            Read the second time and placed on the calendar