[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1764 Referred in House (RFH)]


109th CONGRESS
  1st Session
                                S. 1764


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2005

   Referred to the Committee on Education and the Workforce, and in 
 addition to the Committees on Transportation and Infrastructure, and 
 the Budget for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 AN ACT


 
    To provide for the continued education of students affected by 
                           Hurricane Katrina.

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

SECTION 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.

SEC. 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.

SEC. 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).

SEC. 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''.

SEC. 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.

            Passed the Senate September 22, 2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.