II 109th CONGRESS 1st Session S. 1764 IN THE SENATE OF THE UNITED STATES September 22, 2005 Mrs. Hutchison (for herself, Ms. Landrieu, and Mr. Cornyn) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To provide for the continued education of students affected by Hurricane Katrina.

1.

Definition of student affected by Hurricane Katrina

In this Act, the term student affected by Hurricane Katrina means a student who resides or resided on August 22, 2005 in an area, or is enrolled or was enrolled on August 22, 2005 in a school located 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) as a result of Hurricane Katrina.

2.

Education expenses

(a)

In general

Upon the request of the Secretary of Education, the Secretary of Homeland Security may transfer any funds made available to the Federal Emergency Management Agency Disaster Relief Fund for Hurricane Katrina to the Department of Education for the education of students affected by Hurricane Katrina. Such funds shall only be used for expenditures for activities of educational agencies authorized under Federal law within the jurisdiction of the Department of Education, and for the following activities in support of students affected by Hurricane Katrina: (1)Paying the compensation of personnel, including teacher aides, to provide instructional services. (2)Paying the operational costs incurred by educational agencies as a result of educating such students. (3)Purchasing instructional materials and equipment, including textbooks, used to educate such students. (b)

Special rule

Notwithstanding any other provision of this section, funds may be used for expenditures described in subsection (a) only if— (1)the Secretary of Education makes a determination that such expenditures constitute an immediate need for the relief of students affected by Hurricane Katrina; and (2)funds are not made available for such activities from other Federal sources.

3.

Availability of funds

(a)

In general

Notwithstanding any other provision of law, any funds available to the Secretary of Education, the authority for which would be cancelled or otherwise expire on September 30, 2005, shall be available for obligation by the Secretary until September 30, 2006, but only to meet educational needs of students affected by Hurricane Katrina. (b)

Emergency designation

Any funds available for obligation pursuant to subsection (a) are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

4.

Advanced notification of Congress

(a)

Department of education appropriations act, 2005

Section 304 of the Department of Education Appropriations Act, 2005 (Public Law 108–447) is amended by striking 15 days and inserting 3 days. (b)

Consolidated appropriations act, 2005

Section 517 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2005 (Public Law 108–447) is amended— (1)in subsection (a), by striking 15 days and inserting 3 days; and (2)in subsection (b), by striking 15 days and inserting 3 days.

5.

Sunset

This Act shall be effective for the period beginning on the date of enactment of this Act and ending on September 30, 2006.