[Congressional Record Volume 151, Number 123 (Wednesday, September 28, 2005)]
[House]
[Pages H8406-H8408]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES AFFECTED BY HURRICANE
KATRINA OR RITA ACT OF 2005
Mr. BOUSTANY. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3864) to provide vocational rehabilitation services to
individuals with disabilities affected by Hurricane Katrina or
Hurricane Rita, as amended.
The Clerk read as follows:
H.R. 3864
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance for Individuals
with Disabilities Affected by Hurricane Katrina or Rita Act
of 2005''.
SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.
(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'' means a
State that contains an area, or that received a significant
number of individuals who resided in an area, in which the
President has declared that a major disaster exists.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Rehabilitation Services Administration.
(3) Individual with a disability.--The term ``individual
with a disability'' has the meaning given the term in section
7(20)(A) of the Rehabilitation Act of 1973 (29 U.S.C.
705(20)(A)).
(4) Individual with a disability affected by hurricane
katrina.--The term ``individual with a disability affected by
Hurricane Katrina'' means an individual with a disability who
resided on August 22, 2005, in an area in which the President
has declared that a major disaster related to Hurricane
Katrina exists.
(5) Individual with a disability affected by hurricane
rita.--The term ``individual with a disability affected by
Hurricane Rita'' means an individual with a disability who
resided in an area on the date that was 7 days
[[Page H8407]]
before the date on which the President declared that a major
disaster related to Hurricane Rita exists in such area.
(6) Major disaster.--The term ``major disaster'' means a
major disaster declared by the President in accordance with
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), related to Hurricane
Katrina or Rita.
(b) Reallotments of Amounts.--
(1) In general.--In realloting amounts to States under
section 110(b)(2) of the Rehabilitation Act of 1973 (29
U.S.C. 730(b)(2)) for fiscal year 2005, the Commissioner
shall give preference to affected States.
(2) Waivers.--If the Commissioner reallots amounts under
section 110(b)(2) of the Rehabilitation Act of 1973 to an
affected State for fiscal year 2005, or returns to the State
of Louisiana for fiscal year 2005 the funds that Louisiana
had previously relinquished pursuant to section 110(b)(1) of
that Act (29 U.S.C. 730(b)(1)) due to an inability to meet
the non-Federal share requirements requiring Louisiana to
contribute $3,942,821 for fiscal year 2005, the Commissioner
may grant a waiver of non-Federal share requirements for
fiscal year 2005 for the affected State or Louisiana,
respectively.
(3) Definition.--In this subsection, the term ``non-Federal
share requirements'' means non-Federal share requirements
applicable to programs under title I of such Act (29 U.S.C.
720 et seq.).
(c) Use of Amounts Reallotted Under Title I of the
Rehabilitation Act of 1973.--An affected State that receives
amounts reallotted under section 110(b)(2) of the
Rehabilitation Act of 1973 (29 U.S.C. 730(b)(2)) for fiscal
year 2005 (as described in subsection (b)) or returned under
subsection (b) may use the amounts--
(1) to pay for vocational rehabilitation services described
in section 103 of the Rehabilitation Act of 1973 (29 U.S.C.
723) (which may include training, mentoring, or job shadowing
opportunities), for individuals with disabilities affected by
Hurricane Katrina or individuals with disabilities affected
by Hurricane Rita, that contribute to the economic growth and
development of communities;
(2) to enable--
(A) individuals with disabilities affected by Hurricane
Katrina to participate in reconstruction or other major
disaster assistance activities in the areas in which the
individuals resided on August 22, 2005; and
(B) individuals with disabilities affected by Hurricane
Rita to participate in reconstruction or other major disaster
assistance activities in the areas in which the individuals
resided on the date that was 7 days before the date on which
the President declared that a major disaster related to
Hurricane Rita exists in such areas;
(3) to pay for vocational rehabilitation services described
in section 103 of the Rehabilitation Act of 1973 for
individuals with disabilities affected by Hurricane Katrina,
or individuals with disabilities affected by Hurricane Rita,
who do not meet the affected State's order of selection
criteria for the affected State's order of selection under
section 101(a)(5) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)(5)); or
(4) to carry out other activities in accordance with title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Boustany) and the gentleman from Michigan (Mr. Kildee)
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana (Mr. Boustany).
general leave
Mr. BOUSTANY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 3864.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
Mr. BOUSTANY. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 3864. H.R. 3864, the
Assistance for Individuals with Disabilities Affected by Hurricane
Katrina or Rita Act of 2005, is a bill that I introduced to provide
immediate and critical assistance to individuals with disabilities
affected by Hurricanes Katrina and Rita.
Since I introduced H.R. 3864 last week, I have worked with my
colleagues in the Senate to revise the language to create an even
better bill, and the amendment I am introducing today reflects the
agreement we were able to reach.
I urge my colleagues to adopt this commonsense legislation that will
allow individuals with disabilities greater access to vocational
rehabilitation services so they may return to work in the aftermath of
these devastating hurricanes.
The measure that we are considering today deals with the
Rehabilitation Act of 1973, a law that provides job training and other
services designed to increase employment options for individuals with
disabilities. The bill will provide greater flexibility to the United
States Department of Education and the Rehabilitation Services
Administration so sufficient funds are made available to States
impacted by these hurricanes.
Specifically, this legislation requires the commissioner of the
Rehabilitation Services Administration to give preference to States
like Louisiana, Alabama, Mississippi, Texas, and others that have taken
in large numbers of evacuees when unused vocational rehabilitation
services funds are reallocated at the end of this fiscal year under the
Rehabilitation Act.
It also assists impacted States by providing a one-time waiver of the
requirement that those States match the reallocated funds they receive
with non-Federal sources. This will provide the impacted States the
necessary flexibility to maximize the use of both State and Federal
funds to serve the citizens of those States during the critical months
ahead.
The bill also ensures that States like Louisiana will continue to
have access to funds under the Rehabilitation Act that had been
relinquished to the Department of Education prior to the hurricane.
Finally, the measure encourages affected States that receive a
reallocation of vocational rehabilitation funds to use those funds to
provide services to individuals with disabilities affected by the
hurricanes. This will give these residents an opportunity to contribute
to the economic development of their communities and participate in the
reconstruction efforts.
As everyone knows, my State of Louisiana has suffered through two
major hurricanes this last month. I spent this past weekend in my
district as we prepared for and dealt directly with the aftermath of
Hurricane Rita. Those affected by this hurricane and Hurricane Katrina
continue to display tremendous courage, and I appreciate all that the
American people and this Congress have done to assist our region.
This bill represents yet another step we will take to provide needed
resources to the people of the gulf coast, and I urge my colleagues to
support this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I would like to thank also the gentleman from
Louisiana (Mr. Boustany), my colleague and friend, for introducing this
commonsense hurricane relief bill that will offer relief to his
constituents and many other Americans with disabilities in the gulf
region.
This bill offers additional funds to gulf region vocational
rehabilitation programs and offers the flexibility needed to continue
services.
Madam Speaker, Louisiana is in a difficult position of not having met
their Federal share for funds already allotted. Under H.R. 3864,
Louisiana can apply for a waiver of that requirement. I commend the
gentleman from Louisiana (Mr. Boustany) for introducing this
legislation to take care of that.
In the reallotment of unused funds from the previous fiscal year,
this bill will give priority to those affected by hurricanes Katrina
and Rita. Impacted States can then apply for waivers in meeting their
non-Federal share of the reallotted funds as well.
Madam Speaker, impacted gulf coast States can use these funds to pay
for vocational rehabilitation services that allow individuals with
disabilities to contribute to the rebuilding of their local
communities. I am pleased to support this bill, which not only offers
relief from previous obligations but also provides additional resources
necessary to continue services. Moreover, it reinforces the value of
having community members participate in the revitalization of their
neighborhoods.
Again, I thank the gentleman from Louisiana (Mr. Boustany) for
introducing this very much-needed legislation, and I encourage my
colleagues to support its swift passage.
Madam Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. BOUSTANY. Madam Speaker, I yield myself such time as I may
consume.
I want to thank the gentleman from Michigan (Mr. Kildee). He has been
quite an ally in this process.
[[Page H8408]]
This is a very important piece of legislation, a small piece of
legislation, but important, that will help us get back on our feet; and
I urge passage of H.R. 3864.
Mr. DAVIS of Illinois. Madam Speaker, I rise in support of H.R. 3864,
which provides needed assistance to individuals with disabilities who
are affected by the recent hurricanes. The bill requires the
Commissioner of the Rehabilitation Services Administration to give
preference to States affected by Hurricanes Katrina and/or Rita with
respect to the re-allotment of funds for vocational rehabilitation
services. This provision is a necessary step in channeling monies to
enable individuals with disabilities affected by either hurricane to
participate in reconstruction or other major disaster assistance
activities.
A strength of this legislation is that it permits affected States to
use these re-alloted funds to pay for vital vocational rehabilitation
services. This includes important activities such as training,
mentoring, or job shadowing that contribute to the economic growth and
development of communities. H.R. 3864 also grants needed flexibility to
the States in providing the vocational services to individuals with
disabilities by allowing the Commissioner to waive a state's matching
requirement for funds from non-Federal sources.
These proposals will help the affected States as well as individuals
with disabilities. The affected States will not have to draw upon their
already depleted funds to pay for these critical services, and
individuals with disabilities will be able to participate in the
rebuilding of their towns and cities, which in turn will gain from the
valuable services that individuals with disabilities can provide.
In my district I have seen the amazing work that disabled individuals
are capable of. The Chicago Lighthouse for the Blind employs blind
individuals to build clocks for the Federal Government. I am glad to
support a bill that recognizes and encourages the contributions of this
population.
Mr. BOEHNER. Madam Speaker, I rise in strong support of this bill to
ensure that individuals with disabilities may gain access to the
vocational rehabilitation services they need in the wake of Hurricanes
Katrina and Rita. I thank my colleague on the Education and the
Workforce Committee, Mr. Boustany, for his work on this bill and other
legislation to bring additional flexibility and resources to the Gulf
Coast region. He and another of my Committee colleagues, Mr. Jindal,
continue to work tirelessly on behalf of their constituents and all
Gulf Coast residents to ensure that we act where necessary to assist in
the recovery efforts.
This bill is critical for individuals with disabilities who are
seeking to re-enter the workforce in the aftermath of the two
hurricanes. Under the Rehabilitation Act, States must return unused
vocational rehabilitation funds at the end of each fiscal year to the
Rehabilitation Services Administration, RSA. The RSA then reallocates
those funds to States based on the needs of their respective residents.
H.R. 3864 directs the Commissioner of the RSA to give consideration to
States affected by the hurricanes in this year's reallocation of those
unused funds.
This bill also provides significant flexibility for States impacted
by the hurricanes. Under the Rehabilitation Act, States that receive a
reallocation are required to match those funds with non-federal
sources. This bill provides a reasonable, one-time waiver of that
requirement for States affected by Hurricane Katrina or Hurricane Rita.
This recognizes the unique circumstances faced by these States and
ensures that State officials will not have their hands tied as they
seek to take advantage of these additional resources.
Madam Speaker, in the month since Hurricane Katrina, the House has
approved a variety of legislation to cut through bureaucratic red tape
and enhance flexibility in the affected regions. We've addressed the
needs of college students, workers, and their families. With this bill,
we turn our attention to the needs of individuals with disabilities as
well. As many of these individuals seek to return to work in and around
the Gulf Coast region, I urge my colleagues to join me in support of
this measure to ensure they may do just that.
Mr. BOUSTANY. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Boustany) that the House suspend the
rules and pass the bill, H.R. 3864, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to assist
individuals with disabilities affected by Hurricane Katrina or Rita
through vocational rehabilitation services.''.
A motion to reconsider was laid on the table.
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