[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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