[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1842 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1842

 To provide assistance to rebuild communities, schools, and hospitals 
damaged by Hurricane Katrina or Hurricane Rita, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

 Ms. Landrieu introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide assistance to rebuild communities, schools, and hospitals 
damaged by Hurricane Katrina or Hurricane 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. ASSISTANCE TO SCHOOLS ENROLLING EVACUATED STUDENTS.

    (a) Purpose.--It is the purpose of this section to provide 
financial assistance to eligible entities that serve students who are 
displaced by Hurricane Katrina or Hurricane Rita and enroll in the 
elementary or secondary schools (including charter schools) served by 
the eligible entities or in the eligible entities (as the case may be).
    (b) Program Authorized.--From amounts appropriated under subsection 
(k), the Secretary of Education shall award grants to eligible entities 
to enable the eligible entities to award subgrants under subsection (g) 
and to carry out the activities described in subsection (h).
    (c) Eligible Entity.--In this section, the term ``eligible entity'' 
means--
            (1) in Louisiana or Mississippi, a State educational 
        agency;
            (2) in a State other than Louisiana or Mississippi, a local 
        educational agency that enrolls a student who is displaced by 
        Hurricane Katrina or Hurricane Rita; or
            (3) an elementary school or secondary school funded by the 
        Bureau of Indian Affairs that enrolls a student who is 
        displaced by Hurricane Katrina or Hurricane Rita.
    (d) Conditions of Grant.--
            (1) Duration of grant.--Each grant awarded under this 
        section shall be for the period beginning on the date of the 
        award and ending on the last day of the 2005-2006 school year.
            (2) Return of non-obligated funds.--An eligible entity 
        receiving a grant under this section shall return to the 
        Secretary of Education any grant funds that have not been 
        expended or obligated during the grant period.
    (e) Student Count.--An eligible entity desiring to receive a grant 
under this section shall--
            (1) submit to the Secretary of Education a count of the 
        number of students enrolled in the eligible entity or in the 
        elementary and secondary schools served by the eligible entity 
        (as the case may be) who were displaced by Hurricane Katrina or 
        Hurricane Rita; and
            (2) maintain the records necessary to document the student 
        enrollment count under paragraph (1).
    (f) Amount of Grants.--
            (1) In general.--As soon as feasible after receiving an 
        enrollment count described in subsection (e)(1) from an 
        eligible entity, the Secretary of Education shall award a grant 
        in the amount described in paragraph (2) to such eligible 
        entity.
            (2) Amount of grants.--The amount of a grant described in 
        this paragraph shall be equal to the product of--
                    (A) the number of students enrolled in the eligible 
                entity or in the elementary and secondary schools 
                served by the eligible entity (as the case may be) who 
                were displaced by Hurricane Katrina or Hurricane Rita; 
                multiplied by
                    (B) 90 percent of the average per-pupil expenditure 
                for elementary and secondary education in the State in 
                which the eligible entity is located, as determined by 
                the Secretary of Education using data from the most 
                recent year for which satisfactory data are available, 
                except that the amount described in this subparagraph 
                shall not exceed $7,500.
            (3) Ratable reduction.--If the amount appropriated for 
        grants under this section is insufficient to pay the grants to 
        all eligible entities in the amount calculated under paragraph 
        (2), the grants to all eligible entities shall be ratably 
        reduced.
    (g) Use of Funds by State Educational Agencies.--
            (1) In general.--An eligible agency described in subsection 
        (c)(1) that receives a grant under this section shall use grant 
        funds to--
                    (A) award subgrants, in the amount described in 
                paragraph (2), to local educational agencies within the 
                State that serve students who were displaced by 
                Hurricane Katrina or Hurricane Rita, to enable the 
                local educational agencies to carry out the activities 
                described in subsection (h); and
                    (B) to carry out the activities described in 
                paragraph (3).
            (2) Amount of subgrants.--The amount of a subgrant made to 
        a local educational agency under paragraph (1)(A) shall be 
        equal to--
                    (A) the product of --
                            (i) the average per-pupil expenditure for 
                        elementary and secondary education in the local 
                        educational agency; multiplied by
                            (ii) the number of students enrolled in 
                        schools served by the local educational agency 
                        who were displaced by Hurricane Katrina or 
                        Hurricane Rita; or
                    (B) an amount calculated by an alternate 
                methodology, if the use of such methodology is approved 
                by the Secretary of Education.
            (3) Use of remaining funds.--From any grant funds awarded 
        to an eligible agency described in subsection (c)(1) that 
        remain after the eligible agency has awarded subgrants in 
        accordance with paragraph (1), the eligible agency may use such 
        remaining funds to carry out activities that assist local 
        educational agencies serving schools that are closed as a 
        result of Hurricane Katrina or Hurricane Rita, in order to 
        reopen such schools as quickly and effectively as possible. 
        Such activities may include--
                    (A) arranging for the temporary facilities 
                necessary to operate educational programs while 
                permanent facilities are being rebuilt or repaired;
                    (B) purchasing equipment and materials to replace 
                those items destroyed or damaged by Hurricane Katrina 
                or Hurricane Rita;
                    (C) paying the cost of student transportation;
                    (D) recruiting or retraining teachers or other 
                school personnel to serve in reopened schools; and
                    (E) providing nonfinancial assistance to students 
                and their families when such students return to the 
                areas affected by Hurricane Katrina or Hurricane Rita 
                or reenroll in schools that are affected by Hurricane 
                Katrina or Hurricane Rita.
    (h) Uses of Funds by Bureau of Indian Affairs Schools and Local 
Educational Agencies.--An eligible entity described in paragraph (2) or 
(3) of subsection (c) that receives a grant under this section, or a 
local educational agency that receives a subgrant under subsection 
(g)(1), shall use the grant funds to pay for the costs related to 
educating students enrolled in the schools served by the eligible 
entity or in the eligible entity (as the case may be), which costs may 
include--
            (1) teacher and staff salaries;
            (2) building maintenance;
            (3) materials and equipment;
            (4) student transportation;
            (5) special services and instruction, such as--
                    (A) English language acquisition services and 
                programs for students with limited English proficiency;
                    (B) services for children with disabilities; and
                    (C) mental health counseling for children displaced 
                by Hurricane Katrina or Hurricane Rita;
            (6) after-school programs;
            (7) supplemental educational services; and
            (8) early childhood programs.
    (i) Accountability.--An eligible entity that receives a grant under 
this section shall take appropriate measures to ensure the proper use 
of, and accounting for, all grant funds received by the eligible entity 
under this section.
    (j) Expiration of Authority.--On June 30, 2006, the authority 
described in subsection (b) shall expire and all funds under this 
section that are not expended or obligated by such date shall be 
transferred to the general fund of the Treasury.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,860,000,000 for fiscal year 
2006.

SEC. 2. ASSISTANCE FOR THE ENROLLMENT OF EVACUATED STUDENTS IN PRIVATE 
              SCHOOLS.

    (a) Authority.--From funds appropriated under subsection (j), the 
Secretary of Education shall make one-time, emergency grants to State 
educational agencies to enable the State educational agencies to 
reimburse the parents or guardians of students who were displaced by 
Hurricane Katrina or Hurricane Rita and who are attending a private 
school in the State that is accredited or licensed or otherwise 
operates in accordance with State law.
    (b) Length of Grant.--
            (1) Duration of grant.--Each emergency grant awarded under 
        this section shall be for the period beginning on the date of 
        the award and ending on the last day of the 2005-2006 school 
        year.
            (2) Return of non-obligated funds.--Each State educational 
        agency that receives a grant under this section shall return to 
        the Secretary of Education any grant funds that have not been 
        expended or obligated during the grant period.
    (c) Applications.--A State educational agency that desires to 
receive an emergency grant under this section shall submit an 
application to the Secretary of Education at such time, in such manner, 
and containing such information as the Secretary may require, 
including--
            (1) the number of students who were displaced by Hurricane 
        Katrina or Hurricane Rita and whose parents or guardians the 
        State educational agency expects to reimburse under this 
        section; and
            (2) a detailed description of the procedures the State 
        educational agency plans to use--
                    (A) to provide reimbursements to the parents or 
                guardians of the displaced students described in 
                paragraph (1); and
                    (B) to ensure fiscal accountability for any funds 
                received by the State educational agency under this 
                section.
    (d) Amount of Grants.--
            (1) In general.--For each State educational agency, the 
        amount of an emergency grant under this section shall be equal 
        to the product of--
                    (A) the number of students who were displaced by 
                Hurricane Katrina or Hurricane Rita and whose parents 
                or guardians will be reimbursed by the State 
                educational agency, as determined by the Secretary of 
                Education; multiplied by
                    (B) 90 percent of the average per-pupil expenditure 
                for elementary and secondary education in the State, as 
                determined by the Secretary of Education using data 
                from the most recent year for which satisfactory data 
                are available, except that the amount described in this 
                subparagraph shall not exceed $7,500.
            (2) Ratable reduction.--If the amount appropriated for 
        emergency grants under this section is insufficient to pay the 
        emergency grants to all State educational agencies in 
        accordance with paragraph (1), the emergency grants to all 
        State educational agencies shall be ratably reduced.
    (e) Uses of Funds.--Each State educational agency receiving an 
emergency grant under this section--
            (1) shall use the grant funds to provide reimbursements, 
        once per semester (or lesser portion of the school year, if the 
        State so decides), directly to the parents or guardians of the 
        displaced students, for the cost of those students' tuition, 
        fees, and transportation expenses, if any, at any private 
        school of the parents' or guardians' choice in the State for 
        that semester (or lesser period), in accordance with subsection 
        (f);
            (2) shall ensure that a parent or guardian who receives 
        funds under this section use those funds only for the purposes 
        described in paragraph (1);
            (3) may use not more than 1 percent of the grant funds for 
        the administrative expenses of carrying out this subsection; 
        and
            (4) may contract with a public or private nonprofit agency 
        or entity to administer and operate the reimbursement program 
        under this subsection.
    (f) Amount of Payments to Parents or Guardians.--
            (1) In general.--The maximum reimbursement that a State 
        educational agency may provide to an eligible parent or 
        guardian on behalf of a student who is displaced by Hurricane 
        Katrina or Hurricane Rita under this section shall be equal to 
        the amount described in subsection (d)(1)(B).
            (2) Eligibility requirements for reimbursement.--
                    (A) Criteria for enrolling schools.--A parent of a 
                student who is displaced by Hurricane Katrina or 
                Hurricane Rita is eligible for a reimbursement by the 
                State educational agency under subsection (e) if the 
                private school in which the parent enrolls the 
                student--
                            (i) is accredited or licensed or otherwise 
                        operates in accordance with State law; and
                            (ii) has in place a refund policy for the 
                        refund of tuition and fees (and transportation 
                        expenses, if any) for displaced students that 
                        is at least as favorable as the refund policy 
                        applicable to other students at the school.
                    (B) Criteria for parents or guardians.--In addition 
                to the requirements of subparagraph (A), the Secretary 
                of Education shall establish criteria, which may 
                include the use of criteria involving family income or 
                assets, to determine the eligibility for or amount of 
                assistance provided under this section to a parent or 
                guardian of a student who is displaced by Hurricane 
                Katrina or Hurricane Rita.
    (g) By-Pass.--If a State educational agency is unable or unwilling 
to carry out this section, the Secretary of Education may make such 
arrangements as the Secretary determines appropriate to carry out this 
section on behalf of the students attending private schools in such 
State who are displaced by Hurricane Katrina or Hurricane Rita.
    (h) Rule of Construction.--Section 308 of the DC School Choice 
Incentive Act of 2003 (Public Law 108-199) shall apply to the program 
under this section in the same manner as such section applies to the 
program under such Act.
    (i) Expiration of Authority.--On June 30, 2006, the authority 
described in subsection (a) shall expire and all grant funds that are 
not expended or obligated by such date shall be transferred to the 
general fund of the Treasury.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $488,000,000 for fiscal year 
2006.

SEC. 3. IMMEDIATE AID TO RESTART EDUCATIONAL OPERATIONS.

    (a) Purpose.--It is the purpose of this section--
            (1) to provide immediate services or assistance to 
        institutions of higher education, local educational agencies, 
        and eligible private schools that serve 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 
        or Hurricane Rita;
            (2) to assist school district administrators and personnel 
        of such institutions, agencies, or eligible private schools who 
        are working to restart operations; and
            (3) to facilitate the reopening of the institutions, 
        elementary schools and secondary schools served by such 
        agencies, or eligible private schools and the enrollment of 
        students in such institutions or 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 
to State educational agencies or State agencies for higher education 
that serve 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 or Hurricane Rita, to enable such agencies to--
            (1) restart schools 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 or Hurricane 
        Rita;
            (2) provide assistance to institutions of higher education 
        located in such an area; and
            (3) provide assistance to eligible private schools in 
        accordance with subsection (c).
    (c) Assistance to Eligible Private Schools.--
            (1) In general.--From the payments provided by the 
        Secretary of Education under subsection (b) and after timely 
        and meaningful consultation with appropriate private school 
        officials, a State educational agency that serves 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 or Hurricane Rita, shall provide to eligible private 
        schools special educational services or benefits for the 
        students served by such eligible private schools on the 
        equitable basis described in paragraph (3).
            (2) Secular, neutral, nonideological.--The educational 
        services or other benefits provided under paragraph (1), 
        including materials and equipment, shall be secular, neutral, 
        and nonideological.
            (3) Equity.--Educational services and other benefits 
        provided for eligible private school students under paragraph 
        (1) shall be equitable in comparison to the educational 
        services and other benefits provided for public school students 
        under this section.
            (4) Public control of funds.--The control of funds provided 
        to an eligible private school under paragraph (1), and title to 
        materials, equipment, and property purchased with such funds, 
        shall be in a public agency, and a public agency shall 
        administer such funds, materials, equipment, and property.
    (d) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, any funds made 
available through the Federal Emergency Management Agency or through a 
State.
    (e) Definitions.--In this section:
            (1) Eligible private school.--The term ``eligible private 
        school'' means a private elementary or secondary school that 
        desires to participate in the program under this section and is 
        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 or Hurricane Rita.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001 et seq.).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000 for fiscal year 
2006.

SEC. 4. FUNDING.

    (a) In General.--Notwithstanding any other provision of law, of the 
amounts made available to the Department of Homeland Security under the 
heading ``Disaster Relief'' under the heading ``EMERGENCY PREPAREDNESS 
AND RESPONSE'' of Public Law 109-62 (119 Stat. 1991), not less than 
$3,300,000,000 shall be available to the heads of the appropriate 
departments or agencies of the Federal Government to carry out the 
programs and activities authorized under this Act.
    (b) Available Until Expended.--The amounts appropriated under 
subsection (a) shall remain available until expended.
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