[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Senate]
[Pages S9838-S9844]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Ms. Landrieu, Mr. Obama, Ms. Mikulski, 
        Mr. Kennedy, Mr. Lieberman, Mr. Rockefeller, Ms. Stabenow, Mr. 
        Lautenberg, Ms. Cantwell, Mr. Levin, Mr. Durbin, Mr. Johnson, 
        Mr. Reed, Mr. Corzine, Mr. Baucus, Mr. Salazar, Mrs. Feinstein, 
        Mrs. Boxer, Mr. Dorgan, and Mr. Biden):
  S. 1637. A bill to provide emergency relief to meet the immediate 
needs of survivors of Hurricane Katrina for health care, housing, 
education, and financial relief, and for other purposes; to the 
Committee on Finance.
  Mr. REID. Mr. President, I ask unanimous consent that the text of S. 
1637, the Katrina Emergency Relief Act of 2005, be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1637

       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 ``Katrina 
     Emergency Relief Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--TEMPORARY MEDICAID DISASTER RELIEF

Sec. 101. Short title; purpose.
Sec. 102. Disaster relief period.
Sec. 103. Temporary Medicaid coverage for Katrina Survivors.
Sec. 104. Temporary disaster relief for States under Medicaid.
Sec. 105. Accommodation of special needs of Katrina Survivors under 
              Medicare program.

                          TITLE II--EDUCATION

        Subtitle A--Support for Elementary and Secondary Schools

Sec. 201. Support for elementary and secondary schools.

        Subtitle B--Fund for Early Childhood Care and Education

Sec. 211. Fund for early childhood care and education.

          Subtitle C--Support for Students in Higher Education

Sec. 221. Support for students in higher education.

                TITLE III--EMERGENCY HOUSING ASSISTANCE

Sec. 301. Short title.
Sec. 302. Hurricane Katrina Emergency Assistance Vouchers.
Sec. 303. Report on inventory of availability of temporary housing.
Sec. 304. Appropriation of funding.

                       TITLE IV--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Moratorium on payments.

            Subtitle B--Individual and Household Assistance

Sec. 411. Individual and household assistance.

                  Subtitle C--Unemployment Assistance

Sec. 421. Unemployment assistance.

                         Subtitle D--Tax Relief

Sec. 431. Required exercise of authority under section 7508A for tax 
              relief for victims of Hurricane Katrina.
Sec. 432. Penalty free withdrawals from retirement plans for victims of 
              Hurricane Katrina.

          Subtitle E--Hurricane Katrina Food Assistance Relief

Sec. 441. Short title.
Sec. 442. Definition of Secretary.
Sec. 443. Food Stamp Program disaster authority.
Sec. 444. Emergency Food Assistance Program and Section 32 Assistance.
Sec. 445. WIC Funding.
Sec. 446. Report.
Sec. 447. Regulations.

                     Subtitle F--Bankruptcy Relief

Sec. 451. Bankruptcy Relief for Victims of Hurricane Katrina.

                    TITLE V--ADMINISTRATIVE MATTERS

Sec. 501. Period of availability of benefits.
Sec. 502. Nondiscrimination.

              TITLE I--TEMPORARY MEDICAID DISASTER RELIEF

     SEC. 101. SHORT TITLE; PURPOSE.

       (a) Short Title.--This title may be cited as the 
     ``Temporary Medicaid Disaster Relief Act of 2005''.

[[Page S9839]]

       (b) Purpose.--The purpose of this title is to ensure all 
     those affected by Hurricane Katrina have access to health 
     coverage and medical care through the medicaid program and to 
     authorize temporary changes in such program to guarantee and 
     expedite that coverage and access to care.

     SEC. 102. DISASTER RELIEF PERIOD.

       (a) In General.--For purposes of this title, the term 
     ``disaster relief period'' means the period beginning on 
     August 29, 2005, and, subject to subsection (b), ending on 
     February 28, 2006.
       (b) Presidential Authority to Extend Disaster Relief 
     Period.--
       (1) In general.--The President shall extend the application 
     of section 103 and paragraphs (1) and (2) of section 104(a) 
     until September 30, 2006, unless the President determines 
     that all Katrina Survivors would have sufficient access to 
     health care without such an extension. In the case of such an 
     extension, the reference to ``February 28, 2006'' in 
     subsection (a) shall be considered to be a reference to 
     ``September 30, 2006''.
       (2) Notice to congress.--The President shall notify the 
     Majority and Minority Leaders of the Senate, the Speaker of 
     the House of Representatives, the Minority Leader of the 
     House of Representatives, and the Chairs and Ranking Members 
     of the Committee on Finance of the Senate and the Committees 
     on Energy and Commerce and Ways and Means of the House of 
     Representatives at least 30 days prior to--
       (A) extending the application of such sections; or
       (B) if the President determines not to extend the 
     application of such sections, February 28, 2006.

     SEC. 103. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.

       (a) Definitions.--In this title:
       (1) Katrina survivor.--
       (A) In general.--The term ``Katrina Survivor'' means an 
     individual who is described in subparagraph (B) or (C).
       (B) Residents of disaster localities.--
       (i) In general.--An individual who, on any day during the 
     week preceding the declaration of a public health emergency 
     on August 29, 2005, had a residence in--

       (I) a parish in the State of Louisiana that is among the 
     parishes that the Federal Emergency Management Agency of the 
     Emergency Preparedness and Response Directorate of the 
     Department of Homeland Security declared on September 4, 
     2005, to be Federal Disaster Parishes; or
       (II) a county in the State of Alabama or Mississippi that 
     is among the counties such Agency declared Federal Disaster 
     Counties on September 4, 2005.

       (ii) Authority to rely on website posted designations.--The 
     Secretary of Health and Human Services shall post on the 
     Internet website for the Centers for Medicare & Medicaid 
     Services a list of parishes and counties identified as 
     Federal Disaster Parishes or Counties. Any State which 
     provides medical assistance to Katrina Survivors on the basis 
     of such posting and in accordance with this title shall be 
     held harmless if it is subsequently determined that the 
     provision of such assistance was in error.
       (C) Individuals who lost employment.--An individual who, on 
     any day during the week preceding the declaration of a public 
     health emergency on August 29, 2005, had a residence in a 
     direct impact State and lost their employment since Hurricane 
     Katrina.
       (D) Construction.--A Katrina Survivor shall be treated as 
     being ``from'' the State of residence described in 
     subparagraph (B)(i) or (C), as the case may be.
       (E) Treatment of current medicaid beneficiaries.--Nothing 
     in this title shall be construed as preventing an individual 
     who is otherwise entitled to medical assistance under title 
     XIX of the Social Security Act from being treated as a 
     Katrina Survivor under this title.
       (F) Treatment of homeless persons.--For purposes of this 
     title, in the case of an individual who was homeless on any 
     day during the week described in subparagraph (B)(i), the 
     individual's ``residence'' shall be deemed to be the place of 
     residence as otherwise determined for such an individual 
     under title XIX of the Social Security Act.
       (2) Direct impact state.--The term ``direct impact State'' 
     means the State of Louisiana, Alabama, and Mississippi.
       (b) Rules for Providing Temporary Medical Assistance to 
     Katrina Survivors.--During the disaster relief period, any 
     State may provide medical assistance to Katrina Survivors 
     under a State medicaid plan established under title XIX of 
     the Social Security Act in accordance with the following:
       (1) Uniform eligibility rules.--
       (A) No income, resources, residency, or categorical 
     eligibility requirements.--Such assistance shall be provided 
     without application of any income or resources test, State 
     residency, or categorical eligibility requirements.
       (B) Streamlined eligibility procedures.--The State shall 
     use the following streamlined procedures in processing 
     applications and determining eligibility for medical 
     assistance for Katrina Survivors:
       (i) A common 1-page application form developed by the 
     Secretary of Health and Human Services in consultation with 
     the National Association of State Medicaid Directors. Such 
     form shall include notice regarding the penalties for making 
     a fraudulent application under paragraph (4) and shall 
     require the applicant to assign to the State any rights of 
     the applicant (or any other person who is a Katrina Survivor 
     and on whose behalf the applicant has the legal authority to 
     execute an assignment of such rights) under any group health 
     plan or other third-party coverage for health care.
       (ii) Self-attestation by the applicant that the applicant 
     is a Katrina Survivor.
       (iii) No requirement for documentation evidencing the basis 
     on which the applicant qualifies to be a Katrina Survivor.
       (iv) Issuance of a Medicaid eligibility card to an 
     applicant who completes such application, including the self-
     attestation required under clause (ii). Such card shall be 
     valid during the disaster relief period.
       (v) If an applicant completes the application and presents 
     it to a provider or facility participating in the State 
     medicaid plan that is qualified to make presumptive 
     eligibility determinations under such plan (which at a 
     minimum shall consist of facilities identified in section 
     1902(a)(55) of the Social Security Act (42 U.S.C. 
     1396a(a)(55)) and it appears to the provider that the 
     applicant is a Katrina Survivor based on the information in 
     the application, the applicant will be deemed to be a Katrina 
     Survivor eligible for medical assistance in accordance with 
     this section, subject to paragraph (3).
       (vi) Continuous eligibility, without the need for any 
     redetermination of eligibility, for the duration of the 
     disaster relief period.
       (C) Determination of eligibility for coverage after the 
     termination of the disaster relief period.--In the case of a 
     Katrina Survivor who is receiving medical assistance from a 
     State, prior to the termination of the disaster relief 
     period, the State providing such assistance shall determine 
     whether the Katrina Survivor is eligible for continued 
     medical assistance under the State's eligibility rules 
     otherwise applicable under the State medicaid plan. If a 
     State determines that the individual is so eligible, the 
     State shall provide the individual with written notice of the 
     determination and provide the individual with continued 
     coverage for such medical assistance for so long as the 
     individual remains eligible under such otherwise applicable 
     eligibility rules. If a State determines that the individual 
     is not so eligible, the State shall provide the individual 
     with written notice of the determination, including the 
     reasons for such determination.
       (2) Scope of coverage same as categorically needy.--The 
     State shall treat Katrina Survivors as individuals eligible 
     for medical assistance under the State plan under title XIX 
     of the Social Security Act on the basis of section 
     1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 
     1396a(a)(10)(A)(i)), with coverage for such assistance 
     retroactive to August 29, 2005.
       (3) Verification of status as a katrina survivor.--
       (A) In general.--The State shall make a good faith effort 
     to verify the status of a Katrina Survivor enrolled in the 
     State Medicaid plan under the provisions of this section 
     after the determination of the eligibility of the Survivor 
     for medical assistance under such plan.
       (B) Evidence of verification.--A State may satisfy the 
     verification requirement under subparagraph (A) with respect 
     to a Katrina Survivor by showing that the State providing 
     medical assistance obtained information from the Social 
     Security Administration, the Internal Revenue Service, or the 
     State Medicaid Agency for the direct impact State.
       (C) Disallowance of payments for failure to make good faith 
     effort.--If, with respect to the status of a Katrina Survivor 
     enrolled in a State Medicaid plan, the State fails to make 
     the good faith effort required under subparagraph (A), and 
     the Secretary determines that the individual so enrolled is 
     not a Katrina Survivor, the Secretary shall disallow all 
     Federal payments made to the State that are directly 
     attributable to medical assistance provided or administrative 
     costs incurred with respect to the individual during the 
     disaster relief period.
       (4) Penalty for fraudulent applications.--
       (A) Individual liable for costs.--If a State, as the result 
     of verification activities conducted under paragraph (3), 
     determines after a fair hearing that an individual has 
     knowingly made a false self-attestation described in 
     paragraph (1)(B)(ii), the State may, subject to subparagraph 
     (B), seek recovery from the individual for the full amount of 
     the cost of medical assistance provided to the individual 
     under this section.
       (B) Exception.--The Secretary shall exempt a State from 
     seeking recovery under subparagraph (A) if the Secretary 
     determines that it would not be cost-effective for the State 
     to do so.
       (C) Reimbursement to the federal government.--Any amounts 
     recovered by a State in accordance with this paragraph shall 
     be returned to the Federal government, except that a State's 
     administrative costs attributable to obtaining such recovery 
     shall be reimbursed by the Federal government in accordance 
     with section 104(a)(2).
       (5) Exemption from error rate penalties.--All payments 
     attributable to providing medical assistance to Katrina 
     Survivors in accordance with this section shall be 
     disregarded for purposes of section 1903(u) of the Social 
     Security Act.

     SEC. 104. TEMPORARY DISASTER RELIEF FOR STATES UNDER 
                   MEDICAID.

       (a) Increase in Federal Matching Rate.--
       (1) 100 percent fmap for medical assistance.--
     Notwithstanding section 1905(b) of the Social Security Act 
     (42 U.S.C. 1396d(b)), the Federal medical assistance 
     percentage

[[Page S9840]]

     for providing medical assistance under a State medicaid plan 
     under title XIX of such Act to Katrina Survivors or, in the 
     case of a direct impact State, to any individual who is 
     provided medical assistance under the State medicaid plan 
     during the disaster relief period, shall be 100 percent.
       (2) 100 percent federal match for certain administrative 
     costs.--Notwithstanding paragraph (7) of section 1903(a) of 
     such Act (42 U.S.C. 1396b(a)), or any other paragraph of such 
     section, the Federal matching rate for costs directly 
     attributable to all administrative activities that relate to 
     the enrollment of Katrina Survivors under section 103 in a 
     State medicaid plan, verification of the status of such 
     Survivors, processing of claims for payment for medical 
     assistance provided to such Survivors under such section, and 
     recovery costs under section 103(b)(4)(C), shall be 100 
     percent. The Secretary shall issue guidance not later 30 days 
     after the date of enactment of this Act on the implementation 
     of this paragraph.
       (b) Limitation on Reduction of FMAP for Fiscal Year 2006 
     for Any State.--If the Federal medical assistance percentage 
     (as defined in section 1905(b) of the Social Security Act) 
     determined for a State for fiscal year 2006 is less than the 
     Federal medical assistance percentage determined for the 
     State for fiscal year 2005, the Federal medical assistance 
     percentage for the State for fiscal year 2005 shall apply to 
     the State for fiscal year 2006 only for purposes of title XIX 
     of the Social Security Act.
       (c) Temporary Suspension of Medicare ``Clawback'' and 
     Postponement of Cut-Off of Medicaid Prescription Drug Funding 
     in Affected States.--
       (1) Suspension in application of ``clawback''.--Section 
     1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) 
     shall not apply, subject to paragraph (3), before January 
     2007 to a direct impact State or to a State that experiences 
     a significant influx of Katrina Survivors.
       (2) Continuation of medicaid drug coverage for dual 
     eligibles.--Section 1935(d)(1) of such Act shall also not 
     apply, subject to paragraph (3), before January 2007 to a 
     part D eligible individual who is a Katrina Survivor.
       (3) Termination of application of subsection.--Paragraphs 
     (1) and (2) shall no longer apply to a State or a Katrina 
     Survivor, respectively, if the Secretary determines, after 
     consultation with the State, that enrollment of all part D 
     eligible individuals in the State under part D of title XVIII 
     of the Social Security Act who are described in section 
     1935(c)(6)(A)(ii) of such Act can be achieved without a 
     discontinuation in prescription drug coverage for any such 
     individual.
       (4) Definition.--For purposes of this subsection, the term 
     ``State that experiences a significant influx of Katrina 
     Survivors'' means those States, including Arkansas, Florida, 
     Oklahoma, and Texas, that the Secretary of Health and Human 
     Services identifies as having a significant in-migration of 
     Katrina Survivors.

     SEC. 105. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS 
                   UNDER MEDICARE PROGRAM.

       (a) Exclusion of Disaster Relief Period in Computing Part B 
     Late Enrollment Penalty.--In applying the first sentence of 
     section 1839(b) of the Social Security Act (42 U.S.C. 
     1395r(b)) in the case of a Katrina Survivor, there shall not 
     be taken into account any month any part of which is within 
     the disaster relief period or within the 2-month period 
     following the end of such disaster relief period.
       (b) Part D.--
       (1) Extension of initial enrollment period.--In the case of 
     a Katrina Survivor, the initial enrollment period under 
     section 1860D-1(b)(2) of the Social Security Act (42 U.S.C. 
     1395w-101(b)(2)) shall in no case end before May 15, 2007.
       (2) Flexibility in documentation for low-income 
     subsidies.--For purposes of carrying out section 1860D-14 of 
     the Social Security Act (42 U.S.C. 1395w-114), with respect 
     to Katrina Survivors, the Secretary of Health and Human 
     Services shall establish documentation rules for Katrina 
     Survivors which take into account the loss and unavailability 
     of documents due to Hurricane Katrina.

                          TITLE II--EDUCATION

        Subtitle A--Support for Elementary and Secondary Schools

     SEC. 201. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide assistance to eligible local educational 
     agencies experiencing large increases in student enrollment 
     due to Hurricane Katrina;
       (2) to facilitate the enrollment of students impacted by 
     Hurricane Katrina into elementary schools and secondary 
     schools served by such agencies; and
       (3) to provide high quality instruction to such students.
       (b) Grants Authorized.--
       (1) In general.--The Secretary of Education shall award 
     grants to eligible local educational agencies.
       (2) Eligible local educational agencies.--
       (A) Child count.--Each State that has a large influx of 
     displaced students due to Hurricane Katrina, as determined by 
     the Secretary of Education, shall set a child count date for 
     local educational agencies in the State that have a large 
     influx of such students, as determined by the State, for the 
     purpose of determining the total number of such students in 
     each such agency.
       (B) Definition.--In this section, the term ``eligible local 
     educational agency'' means a local educational agency--
       (i) that serves, as determined in accordance with the child 
     count described in subparagraph (A), not less than 50 
     displaced students due to Hurricane Katrina; or
       (ii) that serves an elementary school or secondary school 
     in which not less than 3 percent of the students enrolled at 
     the school are displaced students due to Hurricane Katrina, 
     as determined in accordance with the child count described in 
     subparagraph (A).
       (3) Grant amount.--An eligible local educational agency 
     that receives a grant under this section shall receive a 
     grant amount that is equal to $2,500 multiplied by the number 
     of students who enroll in elementary schools and secondary 
     schools served by such agency because the students are 
     displaced due to Hurricane Katrina.
       (c) Application.--Each eligible local educational agency 
     desiring a grant under this section shall prepare and submit 
     an application to the Secretary of Education that contains--
       (1) an assurance that the educational programs, services, 
     and activities proposed under this section will be 
     administered by or under the supervision of the agency;
       (2) an assurance that the agency will coordinate the use of 
     funds received under this section with other funds received 
     by the agency under the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6301 et seq.) and with programs 
     described under such Act;
       (3) an assurance that funds will be used--
       (A) to improve instruction to students who enroll in 
     elementary schools and secondary schools served by such 
     agency because the students are displaced due to Hurricane 
     Katrina; and
       (B) to facilitate such students' transition into schools 
     served by the agency; and
       (4) such other information and assurances as the Secretary 
     may reasonably require.
       (d) Use of Funds.--Each eligible local educational agency 
     that receives a grant under this section shall use the grant 
     funds to enhance instructional opportunities for students who 
     enroll in elementary schools and secondary schools served by 
     such agency because the students are displaced due to 
     Hurricane Katrina, which may include--
       (1) basic instructional services for such students, 
     including tutoring, mentoring, or academic counseling;
       (2) salaries of personnel, including teacher aides, to 
     provide instructional services to such students;
       (3) identification and acquisition of curricular material, 
     including the costs of providing additional classroom 
     supplies, overhead costs, costs of construction, acquisition 
     or rental of space, costs of transportation, or such other 
     costs as are directly attributable to such instructional 
     services for such students;
       (4) health services (including mental health services), 
     meals, and clothing; and
       (5) such other activities, related to the purpose of this 
     section, as the Secretary of Education may authorize.

        Subtitle B--Fund for Early Childhood Care and Education

     SEC. 211. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide assistance to local communities experiencing 
     large influxes of preschool-aged children displaced by 
     Hurricane Katrina; and
       (2) to facilitate placement of such children in early 
     childhood education programs.
       (b) Early Childhood Education Programs.--In this section, 
     the term ``early childhood education program'' means a Head 
     Start program or an Early Head Start program carried out 
     under the Head Start Act (42 U.S.C. 9831 et seq.), a State 
     licensed or regulated child care program or school, or a 
     State prekindergarten program that serves children from birth 
     through kindergarten.
       (c) Grants and Subgrants Authorized.--
       (1) Grants.--The Secretary of Health and Human Services 
     shall award grants to States demonstrating large influxes of 
     children and families displaced due to Hurricane Katrina.
       (2) Subgrants.--
       (A) In general.--A State receiving a grant under paragraph 
     (1) shall award subgrants to affected local communities in 
     the State to facilitate placement of displaced children in 
     existing early childhood education programs.
       (B) Affected local communities.--In this paragraph, the 
     term ``affected local community'' means a local community in 
     a State described in subparagraph (A) in which--
       (i) there are not less than 200 pre-school aged children 
     who are displaced due to Hurricane Katrina; or
       (ii) there is a significant percentage of the total number 
     of children participating in early childhood education 
     programs in the community who are children who are in the 
     community because the children are displaced due to Hurricane 
     Katrina, as determined by the Secretary of Health and Human 
     Services.
       (d) Applications.--Each State that desires to receive a 
     grant under this section shall prepare and submit an 
     application to the Secretary of Health and Human Services 
     that contains--
       (1) a description of the collaborative planning process 
     between the State agency responsible for pre-kindergarten, 
     State child care administrator, and Head Start Collaboration 
     Director to facilitate the placement

[[Page S9841]]

     of children who are displaced due to Hurricane Katrina in 
     early childhood education programs;
       (2) assurances that funds received under this section will 
     be used for the purpose described in subsection (a);
       (3) a plan to coordinate funds received under this section 
     with existing resources available to the early childhood 
     education programs for similar purposes; and
       (4) such other information and assurances as the Secretary 
     of Health and Human Services may reasonably require.
       (e) Use of Subgrant Funds.--
       (1) In general.--Each affected local community receiving a 
     subgrant under this section shall use the subgrant funds only 
     for--
       (A) costs associated with accommodating the influx of 
     displaced children, including acquisition or rental of space;
       (B) costs associated with providing services to displaced 
     children, including related services such as nutrition and 
     acquisition of related materials; and
       (C) costs associated with hiring additional personnel, 
     including teacher aides or personnel working with families of 
     children.
       (2) Income and documentation waiver.--The Secretary of 
     Health and Human Services shall waive requirements of income 
     eligibility and documentation for children displaced by 
     Hurricane Katrina who participate in Head Start programs and 
     Early Head Start programs funded by subgrants awarded 
     pursuant to this section.

          Subtitle C--Support for Students in Higher Education

     SEC. 221. SUPPORT FOR STUDENTS IN HIGHER EDUCATION.

       (a) Students in School.--
       (1) No questions asked policy.--The Secretary of Education 
     shall authorize an institution of higher education to waive 
     Federal financial aid requirements, as determined appropriate 
     by the Secretary of Education, with respect to a student at 
     such institution who enrolls in such institution because such 
     student was impacted by Hurricane Katrina.
       (2) Campus-based aid.--
       (A) SEOG.--
       (i) In general.--

       (I) Authorization.--From funds appropriated pursuant to 
     subclause (II), the Secretary of Education shall carry out a 
     program of making payments to institutions of higher 
     education to enable such institutions to award Federal 
     supplemental educational opportunity grants under subpart 3 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070b et seq.) to students enrolled at such 
     institutions who are eligible to receive a grant under such 
     subpart and who enrolled at such institutions because the 
     students are displaced due to Hurricane Katrina, as 
     determined by the Secretary.
       (II) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out subclause (I) such sums as 
     may be necessary.

       (ii) Waiver of nonfederal share.--Notwithstanding subpart 3 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070b et seq.), the Federal share of awards made 
     pursuant to this subparagraph shall be equal to 100 percent.
       (B) Work-study programs.--
       (i) In general.--

       (I) Authorization.--From funds appropriated pursuant to 
     subclause (II), the Secretary of Education shall carry out a 
     program of awarding grants to institutions of higher 
     education to enable such institutions to carry out work-study 
     programs under part C of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 2751 et seq.) for students enrolled at 
     such institutions who are eligible to participate in work-
     study programs under such part and who enrolled at such 
     institutions because the students are displaced due to 
     Hurricane Katrina, as determined by the Secretary.
       (II) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out subclause (I) such sums as 
     may be necessary.

       (ii) Waiver of nonfederal share.--Notwithstanding part C of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 2751 
     et seq.), the Federal share of the compensation of students 
     made pursuant to this subparagraph shall be equal to 100 
     percent.
       (b) Help for Individuals With Student Loans.--
       (1) Definitions.--In this subsection:
       (A) Eligible borrower.--The term ``eligible borrower'' 
     means an individual who has lost the individual's job due to 
     the impact of Hurricane Katrina, as determined by the 
     Secretary of Education.
       (B) Eligible loan.--In this subsection, the term ``eligible 
     loan'' means a student loan of an eligible borrower made, 
     insured, or guaranteed under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.).
       (2) Grace period.--The Secretary of Education shall carry 
     out a program in which the Secretary enters into an agreement 
     with the holder of an eligible loan in which, for a 6 month 
     period, periodic installments of principal are not paid but 
     interest shall accrue and be paid by the Secretary on such 
     loan.
       (3) Period not to count against economic hardship periods 
     provided in higher education act of 1965.--Notwithstanding 
     any provision of the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.), the 6-month grace period provided in paragraph 
     (2) for an eligible borrower shall not count as part of the 
     3-year economic hardship periods provided in sections 
     427(a)(2)(C)(iii), 428(b)(1)(M)(iii), 455(f)(2)(C), and 
     464(c)(2)(A)(iii) of the Higher Education Act of 1965 (20 
     U.S.C. 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), 
     1087e(f)(2)(C), and 1087dd(c)(2)(A)(iii)).

                TITLE III--EMERGENCY HOUSING ASSISTANCE

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Helping to House the 
     Victims of Hurricane Katrina Act of 2005''.

     SEC. 302. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS.

       Section 8(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)) is amended by adding at the end the 
     following:
       ``(20) Hurricane katrina emergency assistance vouchers.--
       ``(A) In general.--Subject to section 501 of the Katrina 
     Emergency Relief Act of 2005, during the 6-month period 
     beginning on the date of enactment of the Katrina Emergency 
     Relief Act of 2005, the Secretary shall provide temporary 
     rental assistance to any individual or family, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster or emergency under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in connection with Hurricane 
     Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Regulations.--Not later than 30 days after the date 
     of enactment of the Katrina Emergency Relief Act of 2005, the 
     Secretary shall issue final rules to establish the procedures 
     applicable to the issuance of assistance under subparagraph 
     (A).
       ``(C) Notice.--The Secretary, in consultation with the 
     Director of the Federal Emergency Management Agency and such 
     other agencies as the Secretary determines appropriate, shall 
     establish procedures for providing notice of the availability 
     of assistance under this paragraph to individuals or families 
     that may be eligible for such assistance.
       ``(D) Authority to contract with pha's and others.--The 
     Secretary may contract with any State or local government 
     agency or public housing agency, or in consultation with any 
     State or local government agency, with any other entity, to 
     ensure that assistance payments under this paragraph are 
     provided in an efficient and expeditious manner.
       ``(E) Waiver of eligibility requirements.--In providing 
     assistance under this paragraph, the Secretary shall waive 
     the requirements under--
       ``(i) paragraph (2), relating to tenant contributions 
     towards rent, except that any such waiver shall expire on an 
     individual's return to work;
       ``(ii) paragraph (4), relating to the eligibility of 
     individuals to receive assistance;
       ``(iii) subsection (k) and paragraph (5) of this 
     subsection, relating to verification of income;
       ``(iv) paragraph (7)(A), relating to the requirement that 
     leases shall be for a term of 1 year;
       ``(v) paragraph (8), relating to initial inspection of 
     housing units by a public housing agency; and
       ``(vi) subsection (r)(1)(B), relating to restrictions on 
     portability.
       ``(F) Use of funds.--Notwithstanding any other provision of 
     law, funds available for assistance under this paragraph--
       ``(i) shall be made available by the Secretary to 
     individuals to cover the cost of --

       ``(I) rent;
       ``(II) security and utility deposits;
       ``(III) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(IV) such additional expenses as the Secretary determines 
     necessary; and

       ``(ii) shall be used by the Secretary--

       ``(I) for payments to public housing agencies, State or 
     local government agencies, or other voucher administrators 
     for vouchers used to assist individuals or families affected 
     by the major disaster or emergency described in this 
     paragraph up to their authorized level of vouchers, if any 
     such vouchers are not otherwise funded; and
       ``(II) to provide operating subsidies to public housing 
     agencies for public housing units provided to individuals or 
     families affected by the major disaster or emergency 
     described in this paragraph, if such a subsidy was not 
     previously provided for those units.

       ``(G) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(H) Nondiscrimination.--In selecting individuals or 
     families for tenancy, a landlord or owner may not exclude or 
     penalize an individual or family solely because any portion 
     of the rental payment of that individual or family is 
     provided under this paragraph.
       ``(21) Assistance for current voucher recipients affected 
     by hurricane katrina.--
       ``(A) In general.--The Secretary shall waive any of the 
     requirements described in clauses (i) through (vi) of 
     paragraph (20)(E) for any individual or family receiving 
     assistance under this section on August 29, 2005, if--
       ``(i) the individual or family resides, or resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of

[[Page S9842]]

     a major disaster or emergency under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) in connection with Hurricane Katrina; and
       ``(ii) the residence of the individual or family became 
     uninhabitable or inaccessible as result of that major 
     disaster or emergency.
       ``(B) Additional uses of funds.--Notwithstanding any other 
     provision of law, the Secretary shall provide, as the 
     Secretary determines appropriate, supplemental assistance to 
     an individual or family receiving assistance under this 
     section on August 29, 2005, and meeting the requirements 
     described in subparagraph (A), to assist the individual or 
     family with the additional costs of relocating to new 
     housing, including to cover--
       ``(i) the additional cost of rent and utilities;
       ``(ii) security and utility deposits;
       ``(iii) relocation expenses, including expenses incurred in 
     relocating back to the major disaster area when such 
     relocation is permitted; and
       ``(iv) such additional expenses as the Secretary determines 
     necessary.
       ``(C) Payment standard.--For purposes of this paragraph, 
     the payment standard for each size of dwelling unit in a 
     market area may not exceed 150 percent, or higher if the 
     Secretary approves of such increase, of the fair market 
     rental established under subsection (c) for the same size 
     dwelling unit in the same market area, and shall be not less 
     than 90 percent of that fair market rental.
       ``(D) Nondiscrimination.--A landlord or owner may not 
     exclude or penalize an individual or family solely because 
     that individual or family is eligible for any waivers or 
     benefits provided under this paragraph.
       ``(22) Authority of the secretary to directly administer 
     vouchers when pha's are unable to do so.--If the Secretary 
     determines that a public housing agency is unable to 
     implement the provisions of this subsection due to the 
     effects of Hurricane Katrina, the Secretary may--
       ``(A) directly administer any voucher program described in 
     paragraphs (1) through (20); and
       ``(B) perform the functions assigned to a public housing 
     agency by this subsection.''.

     SEC. 303. REPORT ON INVENTORY OF AVAILABILITY OF TEMPORARY 
                   HOUSING.

       Not later than 10 days after the date of enactment of this 
     Act, the Secretary of Defense, the Administrator of the 
     General Services Administration, the Secretary of 
     Agriculture, and such other agency heads as the Secretary 
     determines appropriate, shall compile and report to the 
     Secretary an inventory of Federal civilian and defense 
     facilities that can be used--
       (1) to provide emergency housing; or
       (2) as locations for the construction or deployment of 
     temporary housing units.

     SEC. 304. APPROPRIATION OF FUNDING.

       (a) In General.--There are authorized to be appropriated 
     and are appropriated $3,500,000,000 to provide assistance 
     under this title.
       (b) Emergency Designation.--The amount appropriated under 
     subsection (a) is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

                       TITLE IV--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

     SEC. 401. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Emergency 
     Limitation on Payments (HELP) Act of 2005''.

     SEC. 402. DEFINITIONS.

       In this subtitle:
       (1) Disaster.--The term ``Disaster'' means the major 
     disasters declared by the President on August 29, 2005, 
     relating to damage caused by Hurricane Katrina.
       (2) Injured person.--The term ``injured person'' means any 
     individual or entity that suffers harm resulting from the 
     Disaster that makes the individual or entity eligible to 
     receive, and the individual or entity submits an application 
     in good faith to receive--
       (A) housing assistance under section 408(b) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(b));
       (B) financial assistance to address other needs under 
     section 408(e) of that Act (42 U.S.C. 5174(e));
       (C) unemployment assistance under section 410 of that Act 
     (42 U.S.C. 5177) (as amended by subtitle C);
       (D) a disaster loan under section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)); or
       (E) an emergency loan made under subtitle C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
     seq.).

     SEC. 403. MORATORIUM ON PAYMENTS.

       (a) In General.--Except as otherwise provided in this 
     subtitle, no injured person shall be subject to a penalty or 
     a requirement to pay interest for a failure of the injured 
     person, as a result of the Disaster, to make timely payment 
     of a financial obligation for any loan made, subsidized, or 
     guaranteed by the United States.
       (b) Applicability to Loans.--The moratorium under 
     subsection (a) shall not apply to any loan made to or assumed 
     by an injured person on or after August 29, 2005.
       (c) Period of Effectiveness.--The moratorium under 
     subsection (a) shall apply in accordance with section 501 to 
     the failure of an injured person to make timely payments.
       (d) Eligibility.--If a Federal agency responsible for 
     administering a benefit program referred to in section 402(b) 
     determines that an individual or entity that has applied to 
     receive a benefit under the program is not eligible to 
     receive the benefit, the individual or entity, for purposes 
     of the moratorium under subsection (a), shall cease to be 
     considered an injured person as of the date on which the 
     individual or entity receives notice of the determination of 
     the Federal agency.
       (e) Federal Responsibility.--In the case of a moratorium on 
     payments on a loan subsidized or guaranteed by the United 
     States, nothing in this section excuses the United States 
     from any liability of the United States to the lender under 
     the terms of the agreement between the United States and the 
     lender.
       (f) Effect of Other Law.--The moratorium under subsection 
     (a) shall apply to an injured person only if, and to the 
     extent that, the injured person is not excused from, or 
     eligible to be excused from, the obligation under other 
     applicable law.

            Subtitle B--Individual and Household Assistance

     SEC. 411. INDIVIDUAL AND HOUSEHOLD ASSISTANCE.

       (a) Maximum Amounts.--Notwithstanding section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174), in providing assistance to individuals 
     and households affected by Hurricane Katrina, the President 
     may waive the limitation on total assistance under subsection 
     (h) of that section.
       (b) Mortgage and Rental Assistance.--
       (1) In general.--During the 18-month period beginning on 
     the date of enactment of this Act, the President may provide 
     assistance in the form of mortgage or rental payments for 
     persons described in paragraph (2).
       (2) Eligible persons.--Assistance under paragraph (1) may 
     be provided to any individual or household that--
       (A) resided on August 29, 2005, in an area that is subject 
     to a declaration by the President of a major disaster under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) in connection with 
     Hurricane Katrina; and
       (B) as a result of financial hardship caused by a major 
     disaster described in subparagraph (A), is subject to 
     dispossession or eviction from a residence due to foreclosure 
     of a mortgage or lien or termination of a lease entered into 
     before the date on which the major disaster is declared.
       (c) Types of Housing Assistance.--No limitation relating to 
     the maximum amount of assistance under paragraph (2) or (3) 
     of section 408(c) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(c)) shall apply 
     with respect to major disaster FEMA-1603-DR-Louisiana, FEMA-
     1604-DR-Mississippi, or FEMA-1605-DR-Alabama.
       (d) Financial Assistance to Address Other Needs.--
     Notwithstanding section 408(g)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174(g)(2)), in the case of financial assistance provided 
     under subsection (e) of that section to any individual or 
     household in response to a major disaster referred to in 
     subsection (c), the Federal share shall be 100 percent.

                  Subtitle C--Unemployment Assistance

     SEC. 421. UNEMPLOYMENT ASSISTANCE.

       Section 410 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5177) is amended by 
     striking the section heading and all that follows through the 
     end of subsection (a) and inserting the following:

     ``SEC. 410. UNEMPLOYMENT ASSISTANCE.

       ``(a) Provision of Unemployment Assistance.--
       ``(1) Assistance.--
       ``(A) In general.--The President shall provide to any 
     individual unemployed as a result of a major disaster such 
     benefit assistance as the President determines to be 
     appropriate.
       ``(B) Location of employment.--An individual that is 
     unemployed as a result of a major disaster as determined 
     under subparagraph (A) may receive assistance under this 
     subsection regardless of whether the individual was employed 
     at a location within the declared disaster area.
       ``(C) Reason for unemployment.--For purposes of this 
     subsection, an individual who is unemployed because a loss of 
     business resulting from a major disaster contributed 
     importantly to the employer's decision to reduce or terminate 
     employment shall be considered to be an individual unemployed 
     as a result of a major disaster.
       ``(D) Eligibility.--An individual shall be eligible to 
     receive assistance under this subsection regardless of 
     whether the individual is eligible to receive, or has 
     exhausted eligibility for, State unemployment compensation.
       ``(2) Availability.--Assistance provided to an unemployed 
     individual under paragraph (1) shall be available as long as 
     the unemployment of the individual caused by the major 
     disaster continues, or until the individual is reemployed in 
     at least a comparable position, but not longer than 52 weeks 
     after the date on which the unemployed individual first 
     receives assistance.
       ``(3) Maximum and minimum weekly amounts.--The amount of 
     assistance provided to an unemployed individual under this 
     subsection for each week of unemployment shall be--
       ``(A) unless the amount is less than the amount described 
     in subparagraph (B), not more than the maximum weekly amount 
     authorized under the unemployment compensation law of the 
     State in which the disaster occurred; and

[[Page S9843]]

       ``(B) not less than the national average weekly 
     unemployment benefit provided to an individual as of the date 
     of the major disaster for which unemployment assistance is 
     provided.
       ``(4) Period for application.--The President shall accept 
     applications for assistance under this subsection for--
       ``(A) the 90-day period beginning on the date on which the 
     applicable major disaster is declared; or
       ``(B) such longer period as may be established by the 
     President.
       ``(5) Cooperation with states.--The President shall provide 
     assistance under this subsection through agreements with 
     States that, in the judgment of the President, have an 
     adequate system for administering the assistance through 
     existing State agencies.''.

                         Subtitle D--Tax Relief

     SEC. 431. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A 
                   FOR TAX RELIEF FOR VICTIMS OF HURRICANE 
                   KATRINA.

       In the case of any taxpayer determined by the Secretary of 
     the Treasury to be affected by the Presidentially declared 
     disaster relating to Hurricane Katrina, the Secretary of the 
     Treasury shall specify a period under section 7508A of the 
     Internal Revenue Code of 1986 of not less than 6 months 
     beginning on August 29, 2005, that may be disregarded with 
     respect to all of the acts described in section 7508(a)(1) of 
     such Code.

     SEC. 432. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR 
                   VICTIMS OF HURRICANE KATRINA.

       (a) Exclusion From Income of Certain Distributions Which 
     Are Repaid.--Section 72 of the Internal Revenue Code of 1986 
     (relating to individual retirement accounts) is amended by 
     redesignating subsection (x) as subsection (y) and by 
     inserting after subsection (w) the following new subsection:
       ``(x) Repayable Distributions From Qualified Retirement 
     Plans for Victims of Hurricane Katrina.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, gross income shall not include any qualified 
     distribution.
       ``(2) Repayment requirement.--
       ``(A) Addition to tax.--If the required recontributions 
     made by the taxpayer during the repayment period are less 
     than the qualified distribution, the tax imposed by this 
     chapter for the last taxable year in the repayment period 
     shall be increased by the amount determined under 
     subparagraph (B).
       ``(B) Determination of amount.--The amount determined under 
     this subparagraph shall be an amount which bears the same 
     ratio to the tax benefit amount as--
       ``(i) the excess (if any) of the qualified distribution 
     over required recontributions made during the repayment 
     period, bears to
       ``(ii) the qualified distribution.
       ``(C) Repayment period.--For purposes of this subsection, 
     the term `repayment period' means, with respect to any 
     qualified distribution, the 5-taxable year period beginning 
     after the taxable year in which such distribution is 
     received.
       ``(D) Tax benefit amount.--For purposes of this subsection, 
     the term `tax benefit amount' means, with respect to any 
     qualified distribution, the aggregate reduction in the tax 
     imposed by this chapter for the taxable year in which such 
     distribution is received by reason of the exclusion under 
     paragraph (1).
       ``(3) Qualified distribution.--For purposes of this 
     subsection, the term `qualified distribution' means any 
     distribution to an individual who has a principal place of 
     abode within the area designated as a disaster area by the 
     President under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act in connection with Hurricane 
     Katrina--
       ``(A) if such distribution is made during the 6-month 
     period beginning on the date such declaration is made, and
       ``(B) to the extent such distribution does not exceed the 
     excess of--
       ``(i) the amount of expenses incurred as a result of such 
     disaster, over
       ``(ii) the amount of such expenses which are compensated 
     for by insurance or otherwise.
       ``(4) Recontribution of qualified distributions.--
       ``(A) In general.--If an individual received a qualified 
     distribution, such individual shall make required 
     recontributions in the manner provided in this paragraph to 
     an individual retirement plan maintained for the benefit of 
     such individual.
       ``(B) Method of making recontribution.--Any required 
     recontribution--
       ``(i) shall be made during the repayment period for the 
     qualified distribution,
       ``(ii) shall not exceed the qualified distribution reduced 
     by any prior recontribution under this paragraph with respect 
     to such distribution, and
       ``(iii) shall be made by making a payment in cash to the 
     qualified retirement plan from which the qualified 
     distribution was made.

     An individual making a required recontribution under this 
     paragraph shall designate (in the manner prescribed by the 
     Secretary) such contribution as a required recontribution 
     under this paragraph and shall specify the qualified 
     distribution with respect to which such recontribution is 
     being made.
       ``(C) Treatment of contribution.--For purposes of this 
     title, any required recontribution under this paragraph shall 
     not be taken into account for purposes of any limitation on 
     contributions to a qualified retirement plan (as so defined).
       ``(5) Other special rules.--
       ``(A) Basis rules not affected.--The tax treatment under 
     this chapter of any distribution (other than a qualified 
     distribution) shall be determined as if this subsection had 
     not been enacted.
       ``(B) Aggregation rule.--For purposes of this subsection, 
     all qualified distributions received by an individual during 
     a taxable year shall be treated as a single distribution.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to distributions received after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

          Subtitle E--Hurricane Katrina Food Assistance Relief

     SEC. 441. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina Food 
     Assistance Relief Act of 2005''.

     SEC. 442. DEFINITION OF SECRETARY.

       In this subtitle, the term ``Secretary'' means the 
     Secretary of Agriculture.

     SEC. 443. FOOD STAMP PROGRAM DISASTER AUTHORITY.

       (a) In General.--Section 5(h) of the Food Stamp Act of 1977 
     (7 U.S.C. 2014(h)) is amended by adding at the end the 
     following:
       ``(4) Response to hurricane katrina.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Affected area.--
       ``(I) In general.--The term `affected area' means an area 
     of a State that the Secretary determines was affected by 
     Hurricane Katrina or a related condition.
       ``(II) Inclusion.--The term `affected area' includes any 
     area that, as a result of Hurricane Katrina or a related 
     condition, was covered by--

       ``(aa) a natural disaster declaration under section 321(a) 
     of the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961(a)); or
       ``(bb) a major disaster or emergency designation under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).

       ``(ii) Affected household.--
       ``(I) In general.--The term `affected household' means a 
     household--

       ``(aa) in an affected area;
       ``(bb) in which a member worked immediately prior to August 
     29, 2005, in an affected area; or
       ``(cc) that was displaced as a result of Hurricane Katrina 
     or a related condition to other areas of the same or another 
     State.

       ``(II) Inclusion.--The term `affected household' includes a 
     household containing 1 or more individuals that were 
     displaced as a result of Hurricane Katrina or a related 
     condition, as determined by the Secretary.
       ``(iii) Disaster recovery period.--
       ``(I) In general.--The term `disaster recovery period' 
     means the period of 180 days beginning on the date of 
     enactment of this paragraph.
       ``(II) Extension.--The disaster recovery period shall be 
     extended for another 180 days unless the President determines 
     that the extension is not necessary to fully meet the needs 
     of affected households.
       ``(B) Disaster recovery period.--During the disaster 
     recovery period--
       ``(i) clauses (iv) and (v) of subsection (g)(2)(B), 
     subsections (d) and (o) of section 6, and section 8(c)(1) 
     shall not apply to affected households;
       ``(ii) the application of an affected household shall be 
     processed under the procedures established under section 
     11(e)(9);
       ``(iii) at the option of the State agency, the State agency 
     may increase the value to the affected household of the 
     thrifty food plan determined under section 3(o) by 6 percent 
     when calculating the value of the allotment for an affected 
     household under section 8(a), in lieu of making the 
     adjustment otherwise required by clause (iv);
       ``(iv) except in the case of a household to which clause 
     (iii) applies, the State agency shall calculate the income of 
     an affected household using a standard deduction of $323 in 
     lieu of the deduction provided under subsection (e)(1);
       ``(v) the Secretary shall pay each State agency an amount 
     equal to 100 percent of administrative costs allowable under 
     section 16(a) related to serving affected households in lieu 
     of the payments section 16(a) would otherwise require for 
     those costs;
       ``(vi) an affected household shall be considered to meet 
     the requirements of subsection (c)(2) if the income of the 
     affected household, as calculated under subsection (c)(2), 
     does not exceed the level permitted under subsection (c)(1) 
     by more than 50 percent;
       ``(vii) any funds designated for rebuilding or relocation 
     (including payments from Federal, State, or local 
     governments, charitable organizations, employers, or 
     insurance companies) shall be excluded from consideration 
     under subsection (g) in determining the eligibility of an 
     affected household; and
       ``(viii) an affected household may not be considered to 
     customarily purchase food and prepare meals together with 
     other individuals if the affected household did not 
     customarily purchase food and prepare meals for home 
     consumption with those individuals immediately prior to 
     August 29, 2005.
       ``(C) Duplicate participation.--
       ``(i) In general.--The Secretary shall take such actions as 
     are prudent and reasonable under the circumstances to 
     identify affected households that are participating in more 
     than 1 State and to terminate the duplicate participation of 
     those households.

[[Page S9844]]

       ``(ii) No action taken.--Except in the case of deliberate 
     falsehoods, no action may be taken against any affected 
     household relating to any duplicate participation during the 
     disaster recovery period that takes place prior to 
     termination under clause (i).
       ``(D) Claims relating to benefits.--Except in the case of 
     intentional program violations as determined under section 
     6(b), no claim may be established under section 13(b) 
     relating to benefits issued under this subsection.
       ``(E) Payment error rate.--For purposes of determining the 
     payment error rate of a State agency under section 16(c), the 
     Secretary shall disregard any errors resulting from the 
     application of this paragraph to an affected household during 
     the disaster recovery period.
       ``(F) Savings clause.--This paragraph shall not apply in 
     any area of a State to the extent that there is in effect in 
     the area an emergency food stamp plan approved by the 
     Secretary that is more generous than the assistance provided 
     under this paragraph.''.
       (b) Program Information Activities.--
       (1) In general.--From funds otherwise appropriated for the 
     food stamp program established under the Food Stamp Act of 
     1977 (7 U.S.C. 2011 et seq.), the Secretary may use not more 
     than $5,000,000 for the period of fiscal year 2005 through 
     2006 to enter into contracts with nonprofit organizations to 
     provide affected households (as defined in section 
     5(h)(4)(A)(i) of the Food Stamp Act of 1977 (as added by 
     subsection (a)) with information about and assistance in 
     completing the application process for any food assistance 
     programs for which the Secretary provides funds or 
     commodities.
       (2) Expediting provisions.--Notwithstanding any other 
     provision of law, the Secretary shall not be required--
       (A) to provide public notice of the availability of funds 
     described in paragraph (1); or
       (B) to accept competitive bids for contracts under this 
     subsection.

     SEC. 444. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 
                   ASSISTANCE.

       (a) Definition of Eligible Recipient.--In this section, the 
     term ``eligible recipient'' means an individual or household 
     that, as determined by the Secretary in consultation with the 
     Secretary of Homeland Security--
       (1) is a victim of Hurricane Katrina or a related 
     condition;
       (2) has been displaced by Hurricane Katrina or a related 
     condition; or
       (3) is temporarily housing 1 or more individuals displaced 
     by Hurricane Katrina or a related condition.
       (b) Assistance.--
       (1) In general.--In addition to funds already obligated to 
     carry out the emergency food assistance program established 
     under the Emergency Food Assistance Act of 1983 (7 U.S.C. 
     7501 et seq.), the Secretary, in consultation with the 
     Secretary of Homeland Security, shall use not more than 
     $200,000,000 of funds made available under that Act to 
     provide a variety of food to eligible recipient agencies for 
     providing food assistance to eligible recipients, including--
       (A) special supplemental foods for pregnant women and 
     infants or for other individuals with special needs;
       (B) infant formula;
       (C) bottled water; and
       (D) fruit juices.
       (2) Use of funds.--Funds made available under paragraph (1) 
     may be used to provide commodities in accordance with--
       (A) section 27 of the Food Stamp Act of 1977 (7 U.S.C. 
     2036);
       (B) section 203A of the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7504); and
       (C) section 204 of the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7508).
       (c) Section 32 Funding.--In addition to funds obligated for 
     fiscal years 2005 and 2006 under section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c), the Secretary shall use not 
     more than $200,000,000 of funds made available under that 
     section to provide food assistance to eligible recipients, 
     including food described in subparagraphs (A) through (D) of 
     subsection (b)(1).

     SEC. 445. WIC FUNDING.

       (a) In General.--In addition to other funds made available 
     to the Secretary for fiscal year 2005 or 2006 to carry out 
     the special supplemental nutrition program for women, 
     infants, and children established by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), there is authorized 
     to be appropriated $200,000,000, to remain available until 
     September 30, 2007.
       (b) Emergency Designation.--The amounts made available by 
     the transfer of funds in or pursuant to subsection (a) are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).
       (c) Allocation of Funds.--Notwithstanding section 17(i) of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the 
     Secretary may allocate funds made available under subsection 
     (a) as the Secretary determines to be necessary to provide 
     assistance to women, infants, and children who, as determined 
     by the Secretary in consultation with the Secretary of 
     Homeland Security--
       (1) are victims of Hurricane Katrina or a related 
     condition; or
       (2) have been displaced by Hurricane Katrina or a related 
     condition.

     SEC. 446. REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     Homeland Security, shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that--
       (1) describes whether additional funding or authority is 
     needed to continue to address the food needs of eligible 
     recipients; and
       (2) includes any determination by the President under 
     section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as 
     added by section _03(a)) that an extension of the disaster 
     recovery period is not necessary to fully meet the needs of 
     affected households.

     SEC. 447. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this subtitle.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this subtitle shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

                     Subtitle F--Bankruptcy Relief

     SEC. 451. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.

       (a) In General.--Notwithstanding any other provision of 
     law, the provisions of title 11, United States Code, as in 
     effect on August 29, 2005, shall apply to any case described 
     in subsection (b).
       (b) Eligibility.--A case described in this subsection is a 
     case commenced during the 180-day period beginning on the 
     effective date of the Bankruptcy Abuse Prevention and 
     Consumer Protection Act of 2005, under title 11, United 
     States Code (other than under chapter 12 of that title 11), 
     or during an extension of a period for the availability of 
     benefits or assistance in accordance with section 501(b), by 
     or on behalf of a debtor who resides, or who resided on 
     August 29, 2005, in any area that is subject to a declaration 
     by the President of a major disaster under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) in connection with Hurricane Katrina.

                    TITLE V--ADMINISTRATIVE MATTERS

     SEC. 501. PERIOD OF AVAILABILITY OF BENEFITS.

       (a) In General.--Except as otherwise provided by this Act 
     or an amendment made by this Act, a benefit or assistance 
     provided by any provision of this Act or an amendment made by 
     this Act shall be available through the date that is 180 days 
     after the date of enactment of this Act.
       (b) Automatic Extension.--The period during which a benefit 
     or assistance described in subsection (a) is available shall 
     be automatically extended for an additional 180 days, 
     beginning on the date that is 181 days after the date of 
     enactment of this Act (or any earlier date on which such 
     period expires under a provision of this Act or an amendment 
     made by this Act), unless the President determines that the 
     extension of the availability of the benefit or assistance is 
     not necessary to fully meet the needs of individuals and 
     households affected by Hurricane Katrina or a related 
     condition.
       (c) Report.--If the President determines that an extension 
     is not necessary under subsection (b), the President shall 
     submit to Congress a report describing the determination.

     SEC. 502. NONDISCRIMINATION.

       Each recipient of Federal funds made available pursuant to 
     this Act or an amendment made by this Act, in carrying out 
     programs and activities with those funds, shall comply with 
     all Federal laws (including regulations) prohibiting 
     discrimination on the basis of race, color, religion, sex, 
     national origin, age, or disability, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). Each 
     recipient of Federal funds made available pursuant to this 
     Act or an amendment made by this Act, in carrying out 
     programs and activities with those funds, shall comply with 
     all Federal laws (including regulations) prohibiting 
     discrimination on the basis of race, color, religion, sex, 
     national origin, age, or disability, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
                                 ______