[Congressional Record Volume 151, Number 142 (Tuesday, November 1, 2005)]
[Senate]
[Pages S12132-S12144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2347. Mr. GREGG (for Mr. Frist (for himself and Mr. Gregg)) 
proposed an amendment to the bill S. 1932, to provide for 
reconciliation pursuant to section 202(a) of the concurrent resolution 
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows;

       At the appropriate place, insert the following:

     SEC. __. ASSISTANCE TO COMBAT INFLUENZA AND NEWLY EMERGING 
                   PANDEMICS.

       (a) In General.--Out of any money in the Treasury of the 
     United States not otherwise appropriated in title VII, there 
     are appropriated $2,780,000,000 to enable the Secretary of 
     Health and Human Services to carry out the activities 
     described in subsection (c).
       (b) Additional Amounts.--Out of any money in the Treasury 
     of the United States not otherwise appropriated in title III, 
     there are appropriated $1,174,000,000 to enable the

[[Page S12133]]

     Secretary of Health and Human Services to carry out the 
     activities described in subsection (c).
       (c) Activities.--From amounts appropriated under 
     subsections (a) and (b), the Secretary of Health and Human 
     Services shall utilize--
       (1) $577,000,000 to intensify surveillance of influenza and 
     other newly emerging pandemics and outbreaks;
       (2) $2,800,000,000 for the development and stockpiling of 
     antivirals and vaccines for influenza and other newly 
     emerging pandemics; and
       (3) $577,000,000 to establish a seamless network of 
     Federal, State, and local authorities for preparedness 
     relating to influenza and other newly emerging pandemics.
                                 ______
                                 
  SA 2348. Mr. SCHUMER (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which 
was ordered to lie on the table; as follows;

       On page 125, strike lines 3 through 14.
                                 ______
                                 
  SA 2349. Mr. SCHUMER (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); which 
was ordered to lie on the table; as follows;

       On page 125, strike lines 3 through 14 and insert the 
     following:
       (b) Extension of Rebates to Medicaid Managed Care 
     Organizations.--
       (1) In general.--Section 1903(m)(2)(A) (42 U.S.C. 
     1396b(m)(2)(A)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) such contract provides that payment for covered 
     outpatient drugs dispensed to individuals eligible for 
     medical assistance who are enrolled with the entity shall be 
     subject to the same rebate agreement entered into under 
     section 1927 as the State is subject to.''.
       (2) Conforming amendment.--Section 1927(j)(1) (42 U.S.C. 
     1396r-8(j)91)) is amended by inserting ``other than for 
     purposes of collection of rebates for the dispensing of such 
     drugs in accordance with the provisions of a contract under 
     section 1903(m) that meets the requirements of paragraph 
     (2)(A)(xiii) of that section'' before the period.
       (3) Effective Date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act and apply to 
     rebate agreements entered into or renewed under section 1927 
     of the Social Security Act (42 U.S.C. 1396r-8) on or after 
     such date.
                                 ______
                                 
  SA 2350. Mrs. MURRAY (for herself and Mr. DeWine) submitted an 
amendment intended to be proposed to that bill S. 1932, to provide for 
reconciliation pursuant to section 202(a) of the concurrent resolution 
on the budget for fiscal year 2006 (H. Con. Res. 95); which was ordered 
to lie on the table; as follows;

       On page 647, between lines 11 and 12, insert the following:
       (3) in subsection (d)--
       (A) in paragraph (2), by striking ``is an orphan or ward of 
     the court'' and inserting ``is an orphan, in foster care, or 
     ward of the court or was in foster care'';
       (B) in paragraph (6), by striking ``or'' after the 
     semicolon;
       (C) by redesignating paragraph (7) as paragraph (8); and
       (D) by inserting after paragraph (6) the following:
       ``(7) has been verified as both a homeless child or youth 
     and an unaccompanied youth, as such terms are defined in 
     section 725 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a), during the school year in which the 
     application for financial assistance is submitted, by--
       ``(A) a local educational agency liaison for homeless 
     children and youths, as designated under section 
     722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11432(g)(1)(J)(ii));
       ``(B) a director of a homeless shelter, transitional 
     shelter, or independent living program; or
       ``(C) a financial aid administrator; or''.
                                 ______
                                 
  SA 2351. Mr. CONRAD (for himself, Mr. Nelson of Florida, Mr. 
Feingold, Mr. Obama, Mrs. Feinstein, Mr. Salazar, and Mr. Harkin) 
proposed an amendment to the bill S. 1932, to provide for 
reconciliation pursuant to section 202(a) of the concurrent resolution 
on the budget for fiscal year 2006 (H. Con. Res. 95); as follows;

       At the end of title VI, insert the following:

     SEC. __. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.

       (a) Point of Order.--
       (1) In general.--It shall not be in order in the Senate to 
     consider any direct spending or revenue legislation that 
     would increase the on-budget deficit or cause an on-budget 
     deficit for any 1 of the 3 applicable time periods as 
     measured in paragraphs (5) and (6).
       (2) Applicable time periods.--For purposes of this 
     subsection, the term ``applicable time period'' means any 1 
     of the 3 following periods:
       (A) The first year covered by the most recently adopted 
     concurrent resolution on the budget.
       (B) The period of the first 5 fiscal years covered by the 
     most recently adopted concurrent resolution on the budget.
       (C) The period of the 5 fiscal years following the first 5 
     fiscal years covered in the most recently adopted concurrent 
     resolution on the budget.
       (3) Direct-spending legislation.--For purposes of this 
     subsection and except as provided in paragraph (4), the term 
     ``direct-spending legislation'' means any bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending as that term is defined by, and 
     interpreted for purposes of, the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       (4) Exclusion.--For purposes of this subsection, the terms 
     ``direct-spending legislation'' and ``revenue legislation'' 
     do not include--
       (A) any concurrent resolution on the budget; or
       (B) any provision of legislation that affects the full 
     funding of, and continuation of, the deposit insurance 
     guarantee commitment in effect on the date of enactment of 
     the Budget Enforcement Act of 1990.
       (5) Baseline.--Estimates prepared pursuant to this section 
     shall--
       (A) use the baseline surplus or deficit used for the most 
     recently adopted concurrent resolution on the budget; and
       (B) be calculated under the requirements of subsections (b) 
     through (d) of section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 for fiscal years beyond 
     those covered by that concurrent resolution on the budget.
       (6) Prior surplus.--If direct spending or revenue 
     legislation increases the on-budget deficit or causes an on-
     budget deficit when taken individually, it must also increase 
     the on-budget deficit or cause an on-budget deficit when 
     taken together with all direct spending and revenue 
     legislation enacted since the beginning of the calendar year 
     not accounted for in the baseline under paragraph (5)(A), 
     except that direct spending or revenue effects resulting in 
     net deficit reduction enacted pursuant to reconciliation 
     instructions since the beginning of that same calendar year 
     shall not be available.
       (b) Waiver.--This section may be waived or suspended in the 
     Senate only by the affirmative vote of \3/5\ of the Members, 
     duly chosen and sworn.
       (c) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     \3/5\ of the Members of the Senate, duly chosen and sworn, 
     shall be required to sustain an appeal of the ruling of the 
     Chair on a point of order raised under this section.
       (d) Determination of Budget Levels.--For purposes of this 
     section, the levels of new budget authority, outlays, and 
     revenues for a fiscal year shall be determined on the basis 
     of estimates made by the Committee on the Budget of the 
     Senate.
       (e) Sunset.--This section shall expire on September 30, 
     2010.
                                 ______
                                 
  SA 2352. Mr. ENZI (for himself, Mr. Kennedy, Mr. Alexander, Mr. Dodd, 
Ms. Landrieu, Mr. Cochran, Mr. Lott, and Mrs. Hutchison) proposed an 
amendment to the bill S. 1932, to provide for reconciliation pursuant 
to section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); as follows;

       At the end of title VII, insert the following:

                      Subtitle D--Hurricane Relief

     SEC. 7951. FINDINGS.

       Congress finds the following:
       (1) Hurricane Katrina has had a devastating and 
     unprecedented impact on students who attended schools in the 
     disaster areas.
       (2) Due to the devastating effects of Hurricane Katrina, a 
     significant number of students have enrolled in schools 
     outside of the area in which they resided on August 22, 2005, 
     including a significant number of students who enrolled in 
     non-public schools because their parents chose to enroll them 
     in such schools.
       (3) 372,000 students were displaced by Hurricane Katrina. 
     Approximately 700 schools have been damaged or destroyed. 
     Nine States each have more than 1,000 of such displaced 
     students enrolled in their schools. In Texas alone, over 
     45,000 displaced students have enrolled in schools.
       (4) In response to these extraordinary conditions, this 
     subtitle creates a one-time only emergency grant for the 
     2005-2006 school year tailored to the needs and particular 
     circumstances of students displaced by Hurricane Katrina.

     SEC. 7952. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

       (a) Purpose.--It is the purpose of this section--

[[Page S12134]]

       (1) to provide immediate and direct assistance to local 
     educational agencies in Louisiana, Mississippi, and Alabama 
     that serve an area in which a major disaster has been 
     declared in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina;
       (2) to assist school district administrators and personnel 
     of such agencies who are working to restart operations in 
     elementary schools and secondary schools served by such 
     agencies; and
       (3) to facilitate the re-opening of elementary schools and 
     secondary schools served by such agencies and the re-
     enrollment of students in such schools as soon as possible.
       (b) Payments and Grants Authorized.--From amounts 
     appropriated to carry out this subtitle, the Secretary of 
     Education is authorized to make payments, not later than 
     November 30, 2005, to State educational agencies (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801 et seq.)) in Louisiana, Mississippi, 
     and Alabama to enable such agencies to award grants to local 
     educational agencies serving an area in which a major 
     disaster has been declared in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170), related to Hurricane 
     Katrina.
       (c) Eligibility and Consideration.--In determining whether 
     to award a grant under this section, or the amount of the 
     grant, the State educational agency shall consider the 
     following:
       (1) The number of school-aged children served by the local 
     educational agency in the academic year preceding the 
     academic year for which the grant is awarded.
       (2) The severity of the impact of Hurricane Katrina on the 
     local educational agency and the extent of the needs in each 
     local educational agency in Louisiana, Mississippi, and 
     Alabama that is in an area in which a major disaster has been 
     declared in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina.
       (d) Applications.--Each local educational agency desiring a 
     grant under this section shall submit an application to the 
     State educational agency at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may reasonably require to ensure expedited and timely 
     payment to the local educational agency.
       (e) Uses of Funds.--
       (1) In general.--A local educational agency receiving a 
     grant under this section shall use the grant funds for--
       (A) recovery of student and personnel data, and other 
     electronic information;
       (B) replacement of school district information systems, 
     including hardware and software;
       (C) financial operations;
       (D) reasonable transportation costs;
       (E) rental of mobile educational units and leasing of 
     neutral sites or spaces;
       (F) initial replacement of instructional materials and 
     equipment, including textbooks;
       (G) redeveloping instructional plans, including curriculum 
     development;
       (H) initiating and maintaining education and support 
     services; and
       (I) such other activities related to the purpose of this 
     section that are approved by the Secretary.
       (2) Use with other available funds.--A local educational 
     agency receiving a grant under this section may use the grant 
     funds in coordination with other Federal, State, or local 
     funds available for the activities described in paragraph 
     (1).
       (3) Prohibitions.--Grant funds received under this section 
     shall not be used for any of the following:
       (A) Construction or major renovation of schools.
       (B) Payments to school administrators or teachers who are 
     not actively engaged in restarting or re-opening schools.
       (f) Supplement Not Supplant.--
       (1) In general.--Except as provided in paragraph (2), funds 
     made available under this section shall be used to 
     supplement, not supplant, any funds made available through 
     the Federal Emergency Management Agency or through a State.
       (2) Exception.--Paragraph (1) shall not prohibit the 
     provision of Federal assistance under this section to an 
     eligible educational agency that is or may be entitled to 
     receive, from another source, benefits for the same purposes 
     as under this section if--
       (A) such agency has not received such other benefits by the 
     time of application for Federal assistance under this 
     section; and
       (B) such agency agrees to repay all duplicative Federal 
     assistance received to carry out the purposes of this 
     section.

     SEC. 7953. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES 
                   SERVING MAJOR DISASTER AREAS.

       In the case of a local educational agency that serves an 
     area in which the President has declared that a major 
     disaster exists in accordance with section 401 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), related to Hurricane Katrina, the amount made 
     available for such local educational agency under each of 
     sections 1124, 1124A, 1125, and 1125A of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, 
     and 6337) for fiscal year 2006 shall be not less than the 
     amount made available for such local educational agency under 
     each of such sections for fiscal year 2005.

     SEC. 7954. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.

       (a) Teacher and Paraprofessional Reciprocity.--
       (1) Teachers.--
       (A) Affected teacher.--In this subsection, the term 
     ``affected teacher'' means a teacher who is displaced due to 
     Hurricane Katrina and relocates to a State that is different 
     from the State in which such teacher resided on August 22, 
     2005.
       (B) In general.--A local educational agency may consider an 
     affected teacher hired by such agency who is not highly 
     qualified in the State in which such agency is located to be 
     highly qualified, for purposes of section 1119 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319) and section 612(a)(14) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(14)), for a 
     period not to exceed 1 year, if such teacher was highly 
     qualified, consistent with section 9101(23) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) and 
     section 602(10) of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1401(10)), on or before August 22, 
     2005, in the State in which such teacher resided on August 
     22, 2005.
       (2) Paraprofessional.--
       (A) Affected paraprofessional.--In this subsection, the 
     term ``affected paraprofessional'' means a paraprofessional 
     who is displaced due to Hurricane Katrina and relocates to a 
     State that is different from the State in which such 
     paraprofessional resided on August 22, 2005.
       (B) In general.--A local educational agency may consider an 
     affected paraprofessional hired by such agency who does not 
     satisfy the requirements of section 1119(c) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6319(c)) in 
     the State in which such agency is located to satisfy such 
     requirements, for purposes of such section, for a period not 
     to exceed 1 year, if such paraprofessional satisfied such 
     requirements on or before August 22, 2005, in the State in 
     which such paraprofessional resided on August 22, 2005.
       (b) Delay.--The Secretary of Education may delay, for a 
     period not to exceed 1 year, applicability of the 
     requirements of paragraphs (2) and (3) of section 1119(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319(a)(2) and (3)) and section 612(a)(14)(C) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1412(a)(14)(C)) with respect to the States of Alabama, 
     Louisiana, and Mississippi (and local educational agencies 
     within the jurisdiction of such States), if any such State or 
     local educational agency demonstrates that a failure to 
     comply with such requirements is due to exceptional or 
     uncontrollable circumstances, such as a natural disaster or a 
     precipitous and unforeseen decline in the financial resources 
     of local educational agencies within the State.

     SEC. 7955. ASSISTANCE FOR HOMELESS YOUTH.

       (a) In General.--The Secretary of Education shall provide 
     assistance to local educational agencies serving homeless 
     children and youths displaced by Hurricane Katrina, 
     consistent with section 723 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11433), including identification, 
     enrollment assistance, assessment and school placement 
     assistance, transportation, coordination of school services, 
     supplies, referrals for health, mental health, and other 
     needs.
       (b) Exception and Distribution of Funds.--
       (1) Exception.--For purposes of providing assistance under 
     subsection (a), subsections (c) and (e)(1) of section 722 and 
     subsections (b) and (c) of section 723 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 
     11433(b) and (c)) shall not apply.
       (2) Disbursement.--The Secretary of Education shall 
     disburse funding provided under subsection (a) to State 
     educational agencies based on demonstrated need, as 
     determined by the Secretary, and such State educational 
     agencies shall distribute funds, that are appropriated under 
     section 7958 and available to carry out this section, to 
     local educational agencies based on demonstrated need, for 
     the purposes of carrying out section 723 of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11433).

     SEC. 7956. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED 
                   STUDENTS.

       (a) Temporary Emergency Impact Aid Authorized.--
       (1) Aid to state educational agencies.--From amounts 
     appropriated under this subtitle, the Secretary of Education 
     shall provide emergency impact aid to State educational 
     agencies to enable the State educational agencies to make 
     emergency impact aid payments to eligible local educational 
     agencies and eligible BIA-funded schools to enable--
       (A) such eligible local educational agencies and schools to 
     provide for the instruction of displaced students served by 
     such agencies and schools; and
       (B) such eligible local educational agencies to make 
     immediate impact aid payments to accounts established on 
     behalf of displaced students (referred to in this section as 
     ``accounts'') who are attending eligible non-public schools 
     located in the areas served by the eligible local educational 
     agencies.

[[Page S12135]]

       (2) Aid to local educational agencies and bia-funded 
     schools.--A State educational agency shall make emergency 
     impact aid payments to eligible local educational agencies 
     and eligible BIA-funded schools in accordance with subsection 
     (d).
       (3) State educational agencies in certain states.--In the 
     case of the States of Louisiana and Mississippi, the State 
     educational agency shall carry out the activities of eligible 
     local educational agencies that are unable to carry out this 
     section, including eligible local educational agencies in 
     such States for which the State exercises the authorities 
     normally exercised by such local educational agencies.
       (b) Definitions.--In this section:
       (1) Displaced student.--The term ``displaced student'' 
     means a student who enrolled in a school (other than the 
     school that the student was enrolled in, or was eligible to 
     be enrolled in, on August 22, 2005) because such student 
     resides or resided on August 22, 2005, in an area for which a 
     major disaster has been declared in accordance with section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170), related to Hurricane 
     Katrina.
       (2) Eligible local educational agencies.--The term 
     ``eligible local educational agency'' means a local 
     educational agency that serves--
       (A) an elementary school or secondary school (including a 
     charter school) in which there is enrolled a displaced 
     student; or
       (B) an area in which there is located an eligible non-
     public school.
       (3) Eligible non-public school.--The term ``eligible non-
     public school'' means a non-public school that--
       (A) is accredited or licensed or otherwise operates in 
     accordance with State law;
       (B) was in existence on August 22, 2005; and
       (C) serves a displaced student on behalf of whom an 
     application for an account has been made pursuant to 
     subsection (c)(2)(A)(ii).
       (4) Eligible bia-funded school.--In this section, the term 
     ``eligible BIA-funded school'' means a school funded by the 
     Bureau of Indian Affairs in which there is enrolled a 
     displaced student.
       (c) Application.--
       (1) State educational agency.--A State educational agency 
     that desires to receive emergency impact aid under this 
     section shall submit an application to the Secretary of 
     Education at such time, in such manner, and accompanied by 
     such information as the Secretary of Education may reasonably 
     require, including--
       (A) information on the total displaced student child count 
     of the State provided by eligible local educational agencies 
     in the State and eligible BIA-funded schools in the State 
     under paragraph (2);
       (B) a description of the process for the parent or guardian 
     of a displaced student enrolled in a non-public school to 
     indicate to the eligible local educational agency serving the 
     area in which such school is located that the student is 
     enrolled in such school;
       (C) a description of the procedure to be used by an 
     eligible local educational agency in such State to provide 
     payments to accounts;
       (D) a description of the process to be used by an eligible 
     local educational agency in such State to obtain--
       (i) attestations of attendance of eligible displaced 
     students from eligible non-public schools, in order for the 
     local educational agency to provide payments to accounts on 
     behalf of eligible displaced students; and
       (ii) attestations from eligible non-public schools that 
     accounts are used only for the purposes described in 
     subsection (e)(2)(A); and
       (E) the criteria, including family income, used to 
     determine the eligibility for and the amount of assistance 
     under this section provided on behalf of a displaced student 
     attending an eligible non-public school.
       (2) Local educational agencies and bia-funded schools.--An 
     eligible local educational agency or eligible BIA-funded 
     school that desires an emergency impact aid payment under 
     this section shall submit an application to the State 
     educational agency at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may reasonably require, including documentation 
     submitted quarterly for the 2005-2006 school year that 
     indicates the following:
       (A) In the case of an eligible local educational agency--
       (i) the number of displaced students enrolled in the 
     elementary schools and secondary schools (including charter 
     schools and including the number of displaced students who 
     are served under part B of the Individuals with Disabilities 
     Education Act) served by such agency for such quarter; and
       (ii) the number of displaced students for whom the eligible 
     local educational agency expects to provide payments to 
     accounts under subsection (e)(2) (including the number of 
     displaced students who are served under part B of the 
     Individuals with Disabilities Education Act) for such quarter 
     who meet the following criteria:

       (I) The displaced student enrolled in an eligible non-
     public school prior to the date of enactment of this Act.
       (II) The parent or guardian of the displaced student chose 
     to enroll the student in the eligible non-public school in 
     which the student is enrolled.
       (III) The parent or guardian of the displaced student 
     submitted an application requesting that the agency make a 
     payment to an account on behalf of the student.
       (IV) The displaced student's tuition and fees (and 
     transportation expenses, if any) for the 2005-2006 school 
     year is waived or reimbursed (by the eligible non-public 
     school) in an amount that is not less than the amount of 
     emergency impact aid payment provided on behalf of such 
     student under this section.

       (B) In the case of an eligible BIA-funded school, the 
     number of displaced students, including the number of 
     displaced students who are served under part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.), enrolled in such school for such quarter.
       (3) Determination of number of displaced students.--In 
     determining the number of displaced students for a quarter 
     under paragraph (2), an eligible local educational agency or 
     eligible BIA-funded school shall include in such number the 
     number of displaced students served during such quarter prior 
     to the date of enactment of this Act.
       (d) Amount of Emergency Impact Aid.--
       (1) Aid to state educational agencies.--
       (A) In general.--The amount of emergency impact aid 
     received by a State educational agency for the 2005-2006 
     school year shall equal the sum of--
       (i) the product of the number of displaced students (who 
     are not served under part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.)), as 
     determined by the eligible local educational agencies and 
     eligible BIA-funded schools in the State under subsection 
     (c)(2), times $6,000; and
       (ii) the product of the number of displaced students who 
     are served under part B of the Individuals with Disabilities 
     Education Act, as determined by the eligible local 
     educational agencies and eligible BIA-funded schools in the 
     State under subsection (c)(2), times $7,500.
       (B) Insufficient funds.--If the amount available under this 
     section to provide emergency impact aid under this subsection 
     is insufficient to pay the full amount that a State 
     educational agency is eligible to receive under this section, 
     the Secretary of Education shall ratably reduce the amount of 
     such emergency impact aid.
       (2) Aid to eligible local educational agencies and eligible 
     bia-funded schools.--
       (A) Quarterly installments.--
       (i) In general.--A State educational agency shall provide 
     emergency impact aid payments under this section on a 
     quarterly basis for the 2005-2006 school year by such dates 
     as determined by the Secretary of Education. Such quarterly 
     installment payments shall be based on the number of 
     displaced students reported under subsection (c)(2) and in 
     the amount determined under clause (ii).
       (ii) Payment amount.--Each quarterly installment payment 
     under clause (i) shall equal 25 percent of the sum of--

       (I) the number of displaced students (who are not served 
     under part B of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.)) reported by the eligible local 
     educational agency or eligible BIA-funded school for such 
     quarter (as determined under subsection (c)(2)) times $6,000; 
     and
       (II) the number of displaced students who are served under 
     part B of the Individuals with Disabilities Education Act (20 
     U.S.C. 1411 et seq.) reported by the eligible local 
     educational agency or eligible BIA-funded school for such 
     quarter (as determined under subsection (c)(2)) times $7,500.

       (iii) Timeline.--The Secretary of Education shall establish 
     a timeline for quarterly reporting on the number of displaced 
     students in order to make the appropriate disbursements in a 
     timely manner.
       (iv) Insufficient funds.--If, for any quarter, the amount 
     available under this section to make payments under this 
     subsection is insufficient to pay the full amount that an 
     eligible local educational agency or eligible BIA-funded 
     school is eligible to receive under this section, the State 
     educational agency shall ratably reduce the amount of such 
     payments.
       (B) Maximum payment to account.--In providing quarterly 
     payments to an account for the 2005-2006 school year on 
     behalf of a displaced student for each quarter that such 
     student is enrolled in a non-public school in the area served 
     by the agency under subsection (e)(2), an eligible local 
     educational agency may provide not more than 4 quarterly 
     payments to such account, and the aggregate amount of such 
     payments shall not exceed the lesser of--
       (i)(I) in the case of a displaced student who is not served 
     under part B of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.), $6,000; or
       (II) in the case of a displaced student who is served under 
     part B of the Individuals with Disabilities Education Act, 
     $7,500; or
       (ii) the cost of tuition and fees (and transportation 
     expenses, if any) at the non-public school for the 2005-2006 
     school year.
       (e) Use of Funds.--
       (1) Displaced students in public schools.--An eligible 
     local educational agency or eligible BIA-funded school 
     receiving emergency impact aid payments under this section 
     shall use the payments to provide instructional opportunities 
     for displaced students who enroll in elementary schools and 
     secondary schools (including charter schools) served by such 
     agency or in such a school, and for other expenses incurred 
     as a result of the agency or school serving displaced 
     students, which uses may include--

[[Page S12136]]

       (A) paying the compensation of personnel, including teacher 
     aides, in schools enrolling displaced students;
       (B) identifying and acquiring curricular material, 
     including the costs of providing additional classroom 
     supplies, and mobile educational units and leasing sites or 
     spaces;
       (C) basic instructional services for such students, 
     including tutoring, mentoring, or academic counseling;
       (D) reasonable transportation costs;
       (E) health services (including counseling and mental health 
     services); and
       (F) education and support services.
       (2) Displaced students in non-public schools.--
       (A) In general.--An eligible local educational agency that 
     receives emergency impact aid payments under this section and 
     that serves an area in which there is located an eligible 
     non-public school shall, at the request of the parent or 
     guardian of a displaced student who meets the criteria 
     described in subsection (c)(2)(A)(ii) and who enrolled in a 
     non-public school in an area served by the agency, use such 
     emergency impact aid payment to provide payment on a 
     quarterly basis (but not to exceed the total amount specified 
     in subsection (d)(2)(B) for the 2005-2006 school year) to an 
     account on behalf of such displaced student, which payment 
     shall be used to assist in paying for any of the following:
       (i) Paying the compensation of personnel, including teacher 
     aides, in the non-public school, which funds shall not be 
     used for religious instruction, proselytization, or worship.
       (ii) Identifying and acquiring curricular material, 
     including the costs of providing additional classroom 
     supplies (which shall be secular, neutral, and shall not have 
     a religious component), and mobile educational units and 
     leasing sites or spaces, which shall not be used for 
     religious instruction, proselytization, or worship.
       (iii) Basic instructional services, including tutoring, 
     mentoring, or academic counseling, which services shall be 
     secular and neutral and shall not be used for religious 
     instruction, proselytization, or worship.
       (iv) Reasonable transportation costs.
       (v) Health services (including counseling and mental health 
     services), which services shall be secular and neutral and 
     shall not be used for religious instruction, proselytization, 
     or worship.
       (vi) Education and support services, which services shall 
     be secular and neutral and shall not be used for religious 
     instruction, proselytization, or worship.
       (B) Verification of enrollment.--Before providing a 
     quarterly payment to an account under subparagraph (A), the 
     eligible local educational agency shall verify with the 
     parent or guardian of a displaced student that such displaced 
     student is enrolled in the non-public school.
       (3) Provision of special education and related services.--
       (A) In general.--In the case of a displaced student who is 
     served under part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.), any payment made on 
     behalf of such student to an eligible local educational 
     agency or any payment available in an account for such 
     student, shall be used to pay the cost of providing the 
     student with special education and related services 
     consistent with the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.).
       (B) Special rule.--
       (i) Retention.--Notwithstanding any other provision of this 
     section, if an eligible local educational agency provides 
     services to a displaced student attending an eligible non-
     public school under section 612(a)(10) of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the 
     eligible local educational agency may retain a portion of the 
     assistance received under this section for such student to 
     pay the cost of providing such services.
       (ii) Determination of portion.--

       (I) Guidelines.--Each State shall issue guidelines that 
     specify the portion of the assistance that an eligible local 
     educational agency in the State may retain under this 
     subparagraph. Each State shall apply such guidelines in a 
     consistent manner throughout the State.
       (II) Determination of portion.--The portion specified in 
     the guidelines shall be based on customary costs of providing 
     services under such section 612(a)(10) for the local 
     educational agency.

       (C) Definitions.--In this paragraph:
       (i) Special education; related services.--The terms 
     ``special education'' and ``related services'' have the 
     meaning given such terms in section 602 of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1401).
       (ii) Individualized education program.--The term 
     ``individualized education program'' has the meaning given 
     the term in section 614(d)(2) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1414(d)(2)).
       (f) Return of Aid.--
       (1) Eligible local educational agency or eligible bia-
     funded school.--An eligible local educational agency or 
     eligible BIA-funded school that receives an emergency impact 
     aid payment under this section shall return to the State 
     educational agency any payment provided to the eligible local 
     educational agency or school under this section that the 
     eligible local educational agency or school has not obligated 
     by the end of the 2005-2006 school year in accordance with 
     this section.
       (2) State educational agency.--A State educational agency 
     that receives emergency impact aid under this section, shall 
     return to the Secretary of Education--
       (A) any aid provided to the agency under this section that 
     the agency has not obligated by the end of the 2005-2006 
     school year in accordance with this section; and
       (B) any payment funds returned to the State educational 
     agency under paragraph (1).
       (g) Limitation on Use of Aid and Payments.--Aid and 
     payments provided under this section shall only be used for 
     expenses incurred during the 2005-2006 school year.
       (h) Administrative Expenses.--A State educational agency 
     that receives emergency impact aid under this section may use 
     not more than 1 percent of such aid for administrative 
     expenses. An eligible local educational agency or eligible 
     BIA-funded school that receives emergency impact aid payments 
     under this section may use not more than 2 percent of such 
     payments for administrative expenses.
       (i) Special Funding Rule.--In calculating funding under 
     section 8003 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7703) for an eligible local educational 
     agency that receives an emergency impact aid payment under 
     this section, the Secretary of Education shall not count 
     displaced students served by such agency for whom an 
     emergency impact aid payment is received under this section, 
     nor shall such students be counted for the purpose of 
     calculating the total number of children in average daily 
     attendance at the schools served by such agency as provided 
     in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 
     7703(b)(3)(B)(i)).
       (j) Notice of Option of Public School or Non-Public School 
     Enrollment.--Each State receiving emergency impact aid under 
     this section shall provide, to the parent or guardian of each 
     displaced student for whom a payment is made under this 
     section to an account who resides in such State, notification 
     that such parent or guardian has the option of enrolling such 
     student in a public school or a non-public school.
       (k) By-Pass.--If a State educational agency or eligible 
     local educational agency is unable to carry out this section, 
     the Secretary of Education may make such arrangements with 
     the State as the Secretary determines appropriate to carry 
     out this section on behalf of displaced students attending an 
     eligible non-public school in the area served by such agency. 
     For a State in which State law prohibits the State from using 
     Federal funds to directly provide services on behalf of 
     students attending non-public schools and provides that 
     another entity shall provide such services, the Secretary of 
     Education shall make such arrangements with that entity.
       (l) Nondiscrimination.--
       (1) In general.--A school that enrolls a displaced student 
     under this section shall not discriminate against students on 
     the basis of race, color, national origin, religion, 
     disability, or sex.
       (2) Applicability and single sex schools, classes, or 
     activities.--
       (A) In general.--To the extent consistent with title IX of 
     the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
     the prohibition of sex discrimination in paragraph (1) shall 
     not apply to a non-public school that is controlled by a 
     religious organization if the application of paragraph (1) 
     would not be consistent with the religious tenets of such 
     organization.
       (B) Single sex schools, classes, or activities.--
     Notwithstanding paragraph (1) and to the extent consistent 
     with title IX of the Education Amendments of 1972, a parent 
     or guardian may choose and a non-public school may offer a 
     single sex school, class, or activity.
       (C) Enrollment.--The prohibition of religious 
     discrimination in paragraph (1) shall not apply with regard 
     to enrollment for a non-public school that is controlled by a 
     religious organization, except in the case of the enrollment 
     of displaced students assisted under this section.
       (3) General provision.--Nothing in this section may be 
     construed to alter or modify the provisions of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.), title IX of the Education Amendments of 1972 
     (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 
     (29 U.S.C. 701 et seq.).
       (4) Opt-in.--A displaced student assisted under this 
     section who is enrolled in a non-public school shall not 
     participate in religious worship or religious classes at such 
     school unless such student's parent or guardian chooses to 
     opt-in such student for such religious worship or religious 
     classes.
       (5) Rule of construction.--The amount of any payment (or 
     other form of support provided on behalf of a displaced 
     student) under this section shall not be treated as income of 
     a parent or guardian of the student for purposes of Federal 
     tax laws or for determining eligibility for any other Federal 
     program.
       (m) Treatment of State Aid.--A State shall not take into 
     consideration emergency impact aid payments received under 
     this section by a local educational agency in the State in 
     determining the eligibility of such local educational agency 
     for State aid, or the amount of State aid, with respect to 
     free public education of children.

     SEC. 7957. ORIGINATION FEES FOR STUDENT LOANS.

       (a) Special Allowances.--Notwithstanding section 438(c)(2) 
     of the Higher Education Act of 1965 (as amended by this Act) 
     (20 U.S.C. 1087-1(c)(2)), subparagraph (A) of

[[Page S12137]]

     section 438(c)(2) of such Act shall be applied by 
     substituting ``2.0 percent'' for ``3.0 percent'' with respect 
     to loans for which the first disbursement of principal is 
     made on or after July 1, 2007.
       (b) Origination Fees for Federal Direct Loans..--
     Notwithstanding subsection (c) of section 455 of the Higher 
     Education Act of 1965 (as amended by this Act) (20 U.S.C. 
     1087e(c)), the first sentence of such subsection shall be 
     applied by substituting ``1.0 percent'' for ``not less than 1 
     percent and not more than 3 percent'' with respect to loans 
     for which the first disbursement of principal is made on or 
     after July 1, 2007.
       (c) Repeal of Origination Fees.--
       (1) Amendments.--Sections 438(c) and 455(c) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087-1(c), 1087e(c)) are 
     repealed.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on July 1, 2011.
       (d) Nonapplicability of Sunset Provision.--Section 7959 
     shall not apply to this section or to the amendments made by 
     this section.

     SEC. 7958. AUTHORIZATION AND APPROPRIATION OF FUNDS.

       There are authorized to be appropriated, and there are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $1,660,000,000 to carry out this subtitle, of 
     which--
       (1) $450,000,000 shall be available to carry out section 
     7952;
       (2) $10,000,000 shall be available to carry out section 
     7955; and
       (3) $1,200,000,000 shall be available to carry out section 
     7956.

     SEC. 7959. SUNSET PROVISION.

       Except as otherwise provided in this subtitle, the 
     provisions of this subtitle shall be effective for the period 
     beginning on the date of enactment of this Act and ending on 
     August 1, 2006.
                                 ______
                                 
  SA 2353. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1932, to provide for reconciliation pursuant to 
section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); which was ordered to lie on the table; as 
follows:

       On page 391, between lines 2 and 3, insert the following:
       (c) Prospective Termination of 9.5 Percent Minimum Special 
     Allowance Payment.--Section 438(b)(2)(B) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) is amended 
     by adding at the end the following:
       ``(vi) Notwithstanding clauses (i), (ii), and (v), the 
     quarterly rate of the special allowance shall be the rate 
     determined under subparagraph (A), (E), (F), (G), (H), or 
     (I), as the case may be, for a holder of loans--
       ``(I) that were made or purchased on or after the date of 
     enactment of this clause; or
       ``(II) that were not earning a quarterly rate of special 
     allowance determined under clause (i) or (ii) as of the date 
     of enactment of this clause.''.
                                 ______
                                 
  SA 2354. Mr. NELSON of Florida (for himself, Mrs. Stabenow, Mr. 
Harkin, Mrs. Clinton, Ms. Mikulski, Mrs. Murray, Mr. Kohl, and Mr. 
Dorgan) submitted an amendment intended to be proposed by him to the 
bill S. 1932, to provide for reconciliation pursuant to section 202(a) 
of the concurrent resolution on the budget for fiscal year 2006 (H. 
Con. Res. 95); which was ordered to lie on the table; as follows:

       On page 368, between line 5 and 6, insert the following:

     SEC. 6116. PROTECTION FOR MEDICARE BENEFICIARIES WHO ENROLL 
                   IN THE PRESCRIPTION DRUG BENEFIT DURING 2006.

       (a) In General.--Section 1851(e)(3)(B) (42 U.S.C. 1395w-
     21(e)(3)(B)) is amended--
       (1) in clause (iii), by striking ``May 15, 2006'' and 
     inserting ``December 31, 2006''; and
       (2) by adding at the end the following new sentence:
       ``An individual making an election during the period 
     beginning on November 15, 2006, and ending on December 15, 
     2006, shall specify whether the election is to be effective 
     with respect to 2006 or with respect to 2007 (or both).''.
       (b) Extending Open Enrollment Period for 2006.--
       (1) In general.--Section 1851(e) (42 U.S.C. 1395w-21(e)) is 
     amended--
       (A) in paragraph (2)(B)--
       (i) in the heading, by striking ``FOR FIRST 6 MONTHS'';
       (ii) in clause (i)--

       (I) by striking ``the first 6 months of 2006'' and 
     inserting ``2006''; and
       (II) by striking ``the first 6 months during 2006'' and 
     inserting ``2006'';

       (iii) in clause (ii), by inserting ``(other than during 
     2006)'' after ``paragraph (3)''; and
       (iv) in clause (iii), by striking ``2006'' and inserting 
     ``2007''; and
       (B) in paragraph (4), by striking ``2006'' and inserting 
     ``2007'' each place it appears.
       (2) Conforming amendment.--Section 1860D-1(b)(1)(B)(iii) 
     (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by striking 
     ``subparagraphs (B) and (C) of paragraph (2)'' and inserting 
     ``paragraph (2)(C)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (Public Law 108-173).
                                 ______
                                 
  SA 2355. Mr. INHOFE (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as 
follows:

       ``Beginning with fiscal year 2007 and thereafter, all non-
     defense, non-trust-fund, discretionary spending shall not 
     exceed the previous fiscal year's levels, for purposes of the 
     congressional budget process (Section 302 et al of the 
     Congressional Budget Act of 1974), without a \2/3\ vote of 
     Members duly chosen and sworn.''
                                 ______
                                 
  SA 2356. Mrs. LINCOLN (for herself, Mrs. Landrieu, Mr. Baucus, Mr. 
Pryor, and Mr. Kennedy) proposed an amendment to the bill S. 1932, to 
provide for reconciliation pursuant to section 202(a) of the concurrent 
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as 
follows;

       At the end of subtitle A of title VI, add the following:

  CHAPTER 7--EMERGENCY HEALTH CARE AND OTHER RELIEF FOR SURVIVORS OF 
                           HURRICANE KATRINA

               Subchapter A--Emergency Health Care Relief

     SEC. 6081. DEFINITIONS.

       In this subchapter:
       (1) Direct impact parish or county.--
       (A) In general.--The term ``direct impact parish or 
     county'' means a parish in the State of Louisiana, or a 
     county in the State of Mississippi or Alabama, for which a 
     major disaster has been declared in accordance with section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) as a result of Hurricane 
     Katrina and which the President has determined, before 
     September 14, 2005, warrants individual and public assistance 
     from the Federal Government under such Act.
       (B) Exclusion.--Such term does not include a parish in the 
     State of Louisiana or a county in the State of Mississippi or 
     Alabama which the President has determined warrants only 
     public assistance from the Federal Government under such Act 
     as a result of Hurricane Katrina.
       (C) Authority to rely on web site posted designations.--The 
     Secretary of Health and Human Services shall post on the 
     Internet Web site for the Centers for Medicare & Medicaid 
     Services a list of parishes and counties identified as direct 
     impact parishes or counties in accordance with this 
     paragraph. Any such parish or county that is posted on such 
     Web site as a direct impact parish or county shall be treated 
     for purposes of subparagraph (A) as described in such 
     subparagraph.
       (2) DRM assistance.--The term ``DRM assistance'' means the 
     short-term, non-cash, temporary, in-kind, emergency disaster 
     relief health program established under section 6082 to 
     assist Katrina Survivors in accordance with that section.
       (3) DRM coverage period.--
       (A) In general.--The term ``DRM coverage period'' means the 
     period beginning on August 28, 2005, and, subject to 
     subparagraph (B), ending on the date that is 5 months after 
     the date of enactment of this Act.
       (B) Authority to extend drm coverage period.--
       (i) In general.--The Secretary may extend the DRM coverage 
     period for an additional 5 months. Any reference to the term 
     ``DRM coverage period'' in this subchapter shall include any 
     extension under this clause.
       (ii) Notice to congress and states.--The Secretary 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, 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, and the States at least 45 days 
     prior to--

       (I) extending the DRM coverage period; or
       (II) if the Secretary determines not to extend such period, 
     the ending date described in subparagraph (A).

       (4) Katrina survivor.--
       (A) In general.--The term ``Katrina Survivor'' means an 
     individual who is described in subparagraph (B) or (C).
       (B) Residents and evacuees of direct impact parishes and 
     counties.--An individual who, on any day during the week 
     preceding August 28, 2005, had a primary residence in a 
     direct impact parish or county.
       (C) Individuals who lost employment.--An individual whose--
       (i) worksite, on any day during the week preceding August 
     28, 2005, was located in a direct impact parish or county; 
     and
       (ii) employment with an employer which conducted an active 
     trade or business on August 28, 2005, in a direct impact 
     parish or county and with respect to whom such trade or 
     business is inoperable on any day after August 28, 2005, and 
     before January 1, 2006, as a result of damage sustained in 
     connection with Hurricane Katrina, is terminated.
       (D) Treatment of current medicaid beneficiaries.--Nothing 
     in this subchapter shall be construed as preventing an 
     individual who is otherwise entitled to medical assistance 
     under title XIX of the Social Security Act

[[Page S12138]]

     from being treated as a Katrina Survivor under this 
     subchapter.
       (E) Treatment of homeless persons.--For purposes of this 
     subchapter, in the case of an individual who was homeless on 
     any day during the week described in subparagraph (B), 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.
       (5) Poverty line.--The term ``poverty line'' has the 
     meaning given that term in section 2110(c)(5) of the Social 
     Security Act (42 U.S.C. 1397jj(c)(5)).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) State.--The term ``State'' has the meaning given that 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C 1396 et seq.).
       (8) State medicaid plan.--The term ``State Medicaid plan'' 
     means a State plan for medical assistance under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.), including 
     any medical assistance provided under a waiver of such plan.

     SEC. 6082. DISASTER RELIEF MEDICAID.

       (a) Authority To Provide Disaster Relief Medicaid.--
       (1) In general.--Notwithstanding any provision of title XIX 
     of the Social Security Act, a State shall, as a condition of 
     participation in the Medicaid program established under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
     provide medical assistance to DRM-eligible Katrina Survivors 
     (as defined in subsection (b)) under a State Medicaid plan 
     during the DRM coverage period in accordance with the 
     following provisions of this section.
       (2) Authority to provide drm assistance as separate 
     component of regular state medicaid plan or under such 
     plan.--
       (A) In general.--A State may provide DRM assistance without 
     submitting an amendment to the State Medicaid plan and as a 
     separate component of the State Medicaid plan or, subject to 
     subparagraph (B), under such plan.
       (B) Conditions for provision of drm assistance under 
     regular state medicaid plan.--A State may only provide DRM 
     assistance under the State Medicaid plan if the State 
     provides such assistance in accordance with the requirements 
     of this section and the State is able to separately identify 
     and report expenditures or other information attributable to 
     the provision of such assistance.
       (b) DRM-Eligible Katrina Survivor Defined.--
       (1) In general.--In this section, the term ``DRM-eligible 
     Katrina Survivor'' means a Katrina Survivor whose family 
     income does not exceed the higher of--
       (A) 100 percent (200 percent, in the case of such a 
     Survivor who is a pregnant woman or child) of the poverty 
     line; or
       (B) the income eligibility standard which would apply to 
     the Survivor under the State Medicaid plan.
       (2) Special rule for katrina survivors who are recipients 
     of disability insurance benefits.--In the case of a Katrina 
     Survivor who is a recipient of disability insurance benefits 
     under section 202 or 223 of the Social Security Act (42 
     U.S.C. 402, 423), paragraph (1) shall be applied to such 
     Survivor by substituting ``300 percent of the supplemental 
     security income benefit rate established by section 
     1611(b)(1) of the Social Security Act (42 U.S.C. 
     1382(b)(1))'' for subparagraph (A) of such paragraph.
       (3) No resources, residency, or categorical eligibility 
     requirements.--Eligibility under paragraph (1) shall be 
     determined without application of any resources test, State 
     residency, or categorical eligibility requirements.
       (4) Income determination.--
       (A) Least restrictive income methodologies; prospective 
     determination.--The State shall use the least restrictive 
     methodologies applied under the State Medicaid plan under 
     section 1902(r)(2) of the Social Security Act (42 U.S.C. 
     1396a(r)(2)) in determining income eligibility for Katrina 
     Survivors under paragraph (1) and shall determine family 
     income for such Survivors only prospectively from the date of 
     application.
       (B) Disregard of ui compensation and disaster relief 
     assistance.--In determining such income eligibility, the 
     State shall disregard--
       (i) any amount received under a law of the United States or 
     of a State which is in the nature of unemployment 
     compensation by a Katrina Survivor during the DRM coverage 
     period, including unemployment assistance provided under 
     section 410 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5177); and
       (ii) any assistance provided (in cash or in kind) to a 
     Katrina Survivor from any public or private entity as a 
     result of Hurricane Katrina.
       (5) Definition of child.--For purposes of paragraph (1), a 
     DRM-eligible Katrina Survivor shall be determined to be a 
     ``child'' if such Survivor meets the definition of ``child'' 
     under the State Medicaid plan.
       (6) Certain individuals deemed to be drm-eligible katrina 
     survivors.--
       (A) In general.--Upon submission of an application from an 
     individual attesting that the individual is an individual 
     described in any of the categories described in subparagraph 
     (B), or, if an individual is an individual described in 
     subparagraph (C), the State shall deem the individual to be a 
     DRM-eligible Katrina Survivor for purposes of eligibility for 
     DRM assistance during the DRM coverage period.
       (B) Categories described.--For purposes of subparagraph 
     (A), the categories described in this subparagraph are the 
     following:
       (i) Katrina survivors enrolled in a state medicaid plan as 
     of the beginning of the drm coverage period.--Any Katrina 
     Survivor who can provide proof of enrollment in a State 
     Medicaid plan as of August 28, 2005.
       (ii) Katrina survivors who are recipients of unemployment 
     compensation.--Any Katrina Survivor who, during the DRM 
     coverage period, is a recipient of an amount paid under a law 
     of the United States or of a State which is in the nature of 
     unemployment compensation, including unemployment assistance 
     provided under section 410 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5177).
       (iii) Katrina survivors enrolled in drm assistance in 
     another state.--Any Katrina Survivor determined by another 
     State to be a DRM-eligible Katrina Survivor who was enrolled 
     in DRM assistance in that State and who relocates to the 
     State during the DRM coverage period.
       (C) Katrina survivors provided medical assistance prior to 
     date of enactment.--
       (i) In general.--An individual described in this 
     subparagraph is any Katrina Survivor who is provided medical 
     assistance under a State Medicaid plan in accordance with 
     guidance from the Secretary during the period that begins on 
     August 28, 2005, and ends on the date of enactment of this 
     Act.
       (ii) Nonapplication to child health assistance.--In the 
     case of an individual who is a Katrina Survivor who is 
     provided child health assistance under a State child health 
     plan in accordance with guidance from the Secretary during 
     the period described in clause (i), such individual shall not 
     be deemed to be a DRM-eligible Katrina Survivor for purposes 
     of receiving DRM assistance under this section. Nothing in 
     the preceding sentence shall be construed as prohibiting such 
     an individual from submitting an application for DRM 
     assistance.
       (c) Eligibility Determination; No Continuation of DRM 
     Assistance.--
       (1) Streamlined eligibility process.--The State shall use 
     the following streamlined procedures in processing 
     applications and determining eligibility for DRM assistance 
     for DRM-eligible Katrina Survivors and eligibility for the 
     payment of private health insurance premiums under section 
     107(b)(2)(A):
       (A) One-page application.--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--
       (i) require an applicant to provide an expected address for 
     the duration of the DRM coverage period and to agree to 
     update that information if it changes during such period;
       (ii) include notice regarding the penalties for making a 
     fraudulent application under subsection (h);
       (iii) require the applicant to assign to the State any 
     rights of the applicant (or any other person who is a DRM-
     eligible 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;
       (iv) require the applicant to--

       (I) list any health insurance coverage which the applicant 
     was enrolled in immediately prior to submitting such 
     application; and
       (II) indicate whether the applicant would rather receive 
     DRM assistance from a State in accordance with this section 
     or, if private health insurance is available, assistance in 
     paying the premiums for such health insurance under section 
     6088(b)(2)(A); and

       (v) be translated by the Secretary into languages other 
     than English, and in cultural contexts, that are most 
     appropriate for the applicants expected to submit such forms.
       (B) Self-attestation.--Self-attestation by the applicant 
     that the applicant--
       (i) is a DRM-eligible Katrina Survivor; and
       (ii) if applicable, requires home and community-based 
     services provided under such DRM assistance in accordance 
     with subsection (d)(3).
       (C) No documentation.--The State shall not require 
     documentation evidencing the basis on which the applicant 
     qualifies to be a DRM-eligible Katrina Survivor or, if 
     applicable, requires home and community-based services.
       (D) Issuance of eligibility card.--
       (i) In general.--Subject to clause (iii), the State shall, 
     immediately upon submission of a complete application 
     (including the self-attestation required under subparagraph 
     (B)) by an applicant, issue a DRM assistance eligibility card 
     to the applicant.
       (ii) Validity; notice of termination date.--A DRM 
     assistance eligibility card shall be valid as long as the DRM 
     coverage period is in effect and shall be accompanied by 
     notice of the termination date for the DRM coverage period 
     and, if applicable, notice that such termination date may be 
     extended. If the Secretary extends the DRM coverage period, 
     the State shall notify DRM-eligible Katrina Survivors 
     enrolled in DRM assistance of the new termination date for 
     the DRM coverage period.
       (iii) Application to states that elect to provide drm 
     assistance under the regular state medicaid plan.--In the 
     case of a State that elects under subsection (a)(2) to 
     provide DRM assistance under the State Medicaid

[[Page S12139]]

     plan, the State may issue to an applicant who submits a 
     complete application an eligibility card that is similar to 
     the cards issued by the State to enrollees in the State 
     medicaid plan, but only if the State is able to adapt the 
     card in a manner which clearly identifies that the applicant 
     is eligible for DRM assistance and provides notice of the 
     termination date for the DRM coverage period (and the new 
     termination date applicable if the Secretary extends such 
     coverage period).
       (E) Application for medical assistance under regular state 
     medicaid plan.--Concurrent with the issuance of an 
     eligibility card under subparagraph (D), the State shall 
     provide the applicant with an application for medical 
     assistance under the State Medicaid plan.
       (F) Presumptive eligibility.--
       (i) States that provide for presumptive eligibility under 
     the regular state medicaid plan.--In the case of a State 
     that, as of the date of enactment of this Act, provides for a 
     period of presumptive eligibility under the State Medicaid 
     plan in accordance with section 1920, 1920A, or 1920B of the 
     Social Security Act (42 U.S.C. 1396r-1, 1396r-1a, 1396r-1b), 
     the State shall deem an applicant to be a DRM-eligible 
     Katrina Survivor eligible for DRM assistance in accordance 
     with this section, subject to subsection (g), if the 
     applicant completes an application for such assistance, 
     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 or facility 
     that the applicant is a DRM-eligible Katrina Survivor based 
     on the information in the application.
       (ii) Application to states that do not provide presumptive 
     eligibility under the regular state medicaid plan.--In the 
     case of a State which does not provide for a period of 
     presumptive eligibility under the State medicaid plan, the 
     State may elect to provide for a period of presumptive 
     eligibility for DRM assistance by designating qualified 
     providers (as defined in section 1920(b)(2) of such Act (42 
     U.S.C. 1396r-1(b)(2)) as providers that are specifically 
     designated by the State to make presumptive determinations in 
     accordance with clause (i) with respect to eligibility for 
     such assistance, but only if--

       (I) the State elects to provide for a period of presumptive 
     eligibility for such assistance for all Katrina Survivors who 
     may be DRM-eligible Katrina Survivors in accordance with 
     subsection (b); and
       (II) the qualified providers designated by the State to 
     make determinations of presumptive eligibility for such 
     assistance, at a minimum, consistent of facilities identified 
     in section 1902(a)(55) of the Social Security Act (42 U.S.C. 
     1396a(a)(55)) that are qualified providers under section 
     1920(b)(2) of such Act.

       (G) Continuous eligibility.--Continuous eligibility, 
     without the need for any redetermination of eligibility, for 
     the duration of the DRM coverage period.
       (2) No continuation of drm assistance.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), no DRM assistance shall be provided after the end of 
     the DRM coverage period.
       (B) Presumptive eligibility for medical assistance under 
     regular medicaid plan.--
       (i) In general.--If a State, as of the date of enactment of 
     this Act, provides for a period of presumptive eligibility 
     for medical assistance under the State Medicaid plan in 
     accordance with section 1920, 1920A, or 1920B of the Social 
     Security Act (42 U.S.C. 1396r-1, 1396r-1a, 1396r-1b), the 
     State shall provide a DRM-eligible Katrina Survivor who is 
     receiving DRM assistance from the State in accordance with 
     this section and who, as of the end of the DRM coverage 
     period, is an individual for whom a period of presumptive 
     eligibility would be provided under the State Medicaid plan, 
     with presumptive eligibility for medical assistance under the 
     State Medicaid plan.
       (ii) State option to provide presumptive eligibility.--If a 
     State is a State to which clause (i) does not apply, the 
     State may elect to provide for a period of presumptive 
     eligibility for medical assistance under the State Medicaid 
     plan for a DRM-eligible Katrina Survivor who is receiving DRM 
     assistance from the State in accordance with this section and 
     who, as of the end of the DRM coverage period, is an 
     individual for whom a period of presumptive eligibility would 
     be provided under the State Medicaid plan in accordance with 
     section 1920, 1920A, or 1920B of such Act, if the State were 
     to provide such a period of presumptive eligibility under the 
     State Medicaid plan.
       (iii) State option for all states to provide presumptive 
     eligibility to other populations of drm-eligible katrina 
     survivors.--In addition to the populations of DRM-eligible 
     Katrina Survivors described in clauses (i) and (ii), a State 
     to which clause (i) or (ii) applies, may elect to provide for 
     a period of presumptive eligibility for medical assistance 
     under the State Medicaid plan for other DRM-eligible Katrina 
     Survivors who are receiving DRM assistance from the State in 
     accordance with this section as of the end of the DRM 
     coverage period.
       (iv) Length of period.--A presumptive eligibility period 
     provided in accordance with clause (i), (ii), or (iii) shall 
     be provided until the earlier of--

       (I) the date on which a determination with respect to the 
     Survivor's application for medical assistance under the State 
     Medicaid plan is made; or
       (II) the end of the 60-day period that begins on the first 
     day after the end of the DRM coverage period.

       (C) Pregnant women.--In the case of a DRM-eligible Katrina 
     Survivor who is receiving DRM assistance from a State in 
     accordance with this section and whose pregnancy ended during 
     the 60-day period prior to the end of the DRM coverage 
     period, or who is pregnant as of the end of such period, such 
     Survivor shall continue to be eligible for DRM assistance 
     after the end of the DRM coverage period, including (but not 
     limited to) for all pregnancy-related and postpartum medical 
     assistance available under the State Medicaid plan, through 
     the end of the month in which the 60-day period (beginning on 
     the last day of her pregnancy) ends.
       (d) Scope of Coverage.--
       (1) Categorically needy benefits.--The State shall treat a 
     DRM-eligible Katrina Survivor as an individual 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 items and services furnished on or after 
     August 28, 2005 (or in the case of applications for DRM 
     assistance submitted after January 1, 2006, the first day of 
     the 5th month preceding the date on which such application is 
     submitted).
       (2) Extended mental health and care coordination 
     benefits.--The State may provide, without regard to any 
     restrictions on amount, duration, and scope, comparability, 
     or restrictions otherwise applicable under the State Medicaid 
     plan (other than restrictions applicable under such plan with 
     respect to services provided in an institution for mental 
     diseases), to DRM-eligible Katrina Survivors extended mental 
     health and care coordination benefits which may include the 
     following:
       (A) Screening, assessment, and diagnostic services 
     (including specialized assessments for individuals with 
     cognitive impairments).
       (B) Coverage for a full range of mental health medications 
     at the dosages and frequencies prescribed by health 
     professionals for depression, post-traumatic stress disorder, 
     and other mental disorders.
       (C) Treatment of alcohol and substance abuse.
       (D) Psychotherapy, rehabilitation, and other treatments 
     administered by psychiatrists, psychologists, or social 
     workers.
       (E) Subject to restrictions applicable under the State 
     Medicaid plan with respect to services provided in an 
     institution for mental diseases, in-patient mental health 
     care.
       (F) Family counseling.
       (G) In connection with the provision of health and long-
     term care services, arranging for, (and when necessary, 
     enrollment in waiver programs or other specialized programs), 
     and coordination related to, primary and specialty medical 
     care, which may include personal care services, durable 
     medical equipment and supplies, assistive technology, and 
     transportation.
       (3) Home and community-based services.--
       (A) In general.--In the case of a State with a waiver to 
     provide home and community-based services granted under 
     section 1115 of the Social Security Act or under subsection 
     (c) or (d) of section 1915 of such Act, the State may provide 
     such services to DRM-eligible Katrina Survivors who self-
     attest in accordance with subsection (c)(1)(B)(ii) that they 
     require immediate home and community-based services that are 
     available under such waiver without regard to whether the 
     Survivors would require the level of care provided in a 
     hospital, nursing facility, or intermediate care facility for 
     the mentally retarded. Such DRM-eligible Katrina Survivors 
     include (but are not limited to) individuals described in 
     subparagraph (B).
       (B) Individuals described.--Individuals described in this 
     subparagraph are individuals who--
       (i) on any day during the week preceding August 28, 2005--

       (I) had been receiving home and community-based services 
     under a waiver described in subparagraph (A) in a direct 
     impact parish or county;
       (II) had been receiving support services from a primary 
     family caregiver who, as a result of Hurricane Katrina, is no 
     longer available to provide services; or
       (III) had been receiving personal care, home health, or 
     rehabilitative services under the State Medicaid plan or 
     under a waiver granted under section 1915 or 1115 of the 
     Social Security Act; or

       (ii) are disabled (as determined under the State Medicaid 
     plan).
       (B) Waiver of restrictions.--The Secretary shall waive with 
     respect to the provision of home and community-based services 
     under this paragraph any limitations on--
       (i) the number of individuals who shall receive home or 
     community-based services under a waiver described in 
     subparagraph (A);
       (ii) budget neutrality requirements applicable to such 
     waiver; and
       (iii) targeted populations eligible for services under such 
     waiver.
     The Secretary may waive other restrictions applicable under 
     such a waiver, that would prevent a State from providing home 
     and community-based services in accordance with this 
     paragraph.
       (4) Children born to pregnant women.--In the case of a 
     child born to a DRM-eligible

[[Page S12140]]

     Katrina Survivor who is provided DRM assistance during the 
     DRM coverage period, such child shall be treated as having 
     been born to a pregnant woman eligible for medical assistance 
     under the State Medicaid plan and shall be eligible for 
     medical assistance under such plan in accordance with section 
     1902(e)(4) of the Social Security Act (42 U.S.C. 
     1396a(e)(4)). The Federal medical assistance percentage 
     applicable to the State Medicaid plan shall apply to medical 
     assistance provided to a child under such plan in accordance 
     with the preceding sentence.
       (e) Termination of Coverage; Assistance With Applying for 
     Regular Medicaid Coverage.--
       (1) Notice of expected termination of drm coverage 
     period.--A State shall provide DRM-eligible Katrina Survivors 
     who are receiving DRM assistance from the State in accordance 
     with this section, as of the beginning of the 4th month (and, 
     if applicable, 9th month) of the DRM coverage period with--
       (A) notice of the expected termination date for DRM 
     assistance for such period and, if applicable, any extension 
     of the DRM coverage period and the expected termination date 
     for the extension of such period;
       (B) information regarding eligibility for medical 
     assistance under the State's eligibility rules otherwise 
     applicable under the State Medicaid plan; and
       (C) an application for such assistance and information 
     regarding where to obtain assistance with completing such 
     application in accordance with paragraph (2).
       (2) Application assistance.--A State shall provide DRM-
     eligible Katrina Survivors who are receiving DRM assistance 
     from the State in accordance with this section with 
     assistance in applying for medical assistance under the State 
     Medicaid plan for periods beginning after the end of the DRM 
     coverage period, at State Medicaid offices and at locations 
     easily accessible to such Survivors.
       (3) State reports.--A State providing DRM assistance in 
     accordance with this section shall submit to the Secretary 
     the following reports:
       (A) Termination and transition assistance to regular 
     medicaid coverage for drm-eligible katrina survivors eligible 
     for such assistance.--Not later than the last day of the 3rd 
     month of the DRM coverage period, a report detailing how the 
     State intends to satisfy the requirements of paragraphs (1) 
     and (2).
       (B) Enrollment.--Not later than 3 months after the end of 
     the DRM coverage period, a report regarding--
       (i) the number of Katrina Survivors who are determined to 
     be DRM-eligible Katrina Survivors; and
       (ii) the number of DRM-eligible Katrina Survivors who are 
     determined to be eligible for, and enrolled in, the State 
     Medicaid plan.
       (4) Secretarial oversight.--The Secretary of Health and 
     Human Services shall ensure that a State is complying with 
     the requirements of paragraphs (1) and (2) and that 
     applications for medical assistance under the State Medicaid 
     plan from DRM-eligible Katrina Survivors for periods 
     beginning after the end of the DRM coverage period are 
     processed in a timely and appropriate manner.
       (5) No private right of action against a state for failure 
     to provide notice.--No private right of action shall be 
     brought against a State for failure to provide the notices 
     required under paragraph (1) or subsection (c)(1) so long as 
     the State makes a good faith effort to provide such notices.
       (f) 100 Percent Federal Matching Payments.--
       (1) In general.--Notwithstanding section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b), the Federal medical 
     assistance percentage or the Federal matching rate otherwise 
     applied under section 1903(a) of such Act (42 U.S.C. 
     1396b(a)) shall be 100 percent for--
       (A) providing DRM assistance to DRM-eligible Katrina 
     Survivors during the DRM coverage period in accordance with 
     this section;
       (B) costs directly attributable to administrative 
     activities related to the provision of such DRM assistance, 
     including costs attributable to obtaining recoveries under 
     subsection (h);
       (C) costs directly attributable to providing application 
     assistance in accordance with subsection (e)(2); and
       (D) medical assistance provided in accordance with 
     subparagraph (B) of subsection (c)(2), and DRM assistance 
     provided in accordance with subparagraph (C) of that 
     subsection, after the end of the DRM coverage period.
       (2) Inclusion of assistance provided to katrina survivors 
     prior to date of enactment.--Any assistance provided to a 
     Katrina Survivor under a State Medicaid plan in accordance 
     with guidance from the Secretary during the period that 
     begins on August 28, 2005, and ends on the date of enactment 
     of this Act, shall be treated as a DRM assistance provided to 
     a DRM-eligible Katrina Survivor during the DRM coverage 
     period for purposes of paragraph (1).
       (3) 100 percent federal matching payments for costs for 
     providing child health assistance prior to date of enactment; 
     restoration of allotments used to provide such assistance.--
     With respect to child health assistance for items and 
     services furnished during the period described in paragraph 
     (2) to a Katrina Survivor--
       (A) notwithstanding section 2105(b) of the Social Security 
     Act (42 U.S.C. 1397ee(b)), the Federal matching rate for 
     providing such child health assistance under a State child 
     health plan and for costs directly attributable to all 
     administrative activities that relate to the provision of 
     such child health assistance, shall be 100 percent;
       (B) payments to a State for the provision of such 
     assistance shall not be considered to be payments from an 
     allotment for the State under section 2104 of such Act (42 
     U.S.C 1397dd); and
       (C) any payments that were made to a State for the 
     provision of such assistance prior to such date of enactment, 
     shall be disregarded for purposes of determining the 
     unexpended amount of any allotment available for expenditure 
     by the State under that section.
       (4) Disregard of payments.--Payments provided to a State in 
     accordance with this subsection shall be disregarded for 
     purposes of applying subsections (f) and (g) of section 1108 
     of the Social Security Act (42 U.S.C. 1308).
       (g) Verification of Status as a Katrina Survivor.--
       (1) In general.--The State shall make a good faith effort 
     to verify the status of an individual who is enrolled in the 
     State Medicaid plan as a DRM-eligible Katrina Survivor under 
     the provisions of this section. Such effort shall not delay 
     the determination of the eligibility of the Survivor for DRM 
     assistance under this section or the provision of such 
     assistance to the Survivor.
       (2) Evidence of verification.--A State may satisfy the 
     verification requirement under subparagraph (A) with respect 
     to an individual by showing that the State providing DRM 
     assistance obtained information from the Federal Emergency 
     Management Agency, the Social Security Administration, the 
     Internal Revenue Service, or the State Medicaid Agency for 
     the State from which individual is from (if the individual 
     was not a resident of such State on any day during the week 
     preceding August 28, 2005).
       (h) Penalty for Fraudulent Applications.--
       (1) Individual liable for costs.--If a State, as the result 
     of verification activities conducted under subsection (g) or 
     otherwise, determines after a fair hearing that an individual 
     has knowingly made a false self-attestation described in 
     subsection (c)(1)(B), the State may, subject to paragraph 
     (2), seek recovery from the individual for the full amount of 
     the cost of DRM assistance provided to the individual under 
     this section.
       (2) Exception.--The Secretary shall exempt a State from 
     seeking recovery under paragraph (1) if the Secretary 
     determines that it would not be cost-effective for the State 
     to do so.
       (3) Reimbursement to the federal government.--Any amounts 
     recovered by a State in accordance with this subsection shall 
     be returned to the Federal government.
       (i) Exemption from Error Rate Penalties.--
       (1) In general.--All payments attributable to providing DRM 
     assistance in accordance with this section, including during 
     a period of presumptive eligibility for such assistance in 
     accordance with subsection (c)(1)(F), shall be disregarded 
     for purposes of section 1903(u) of the Social Security Act 
     (42 U.S.C. 1396b(u)).
       (2) Application of error rate penalties for presumptive 
     eligibility periods for medical assistance after the end of 
     the drm coverage period.--The rules for application of such 
     section under the State Medicaid plan, as in effect on the 
     date of enactment of this Act, shall apply with respect to 
     any period of presumptive eligibility for medical assistance 
     under such plan provided by a State in accordance with 
     subsection (c)(2)(B).
       (j) Provider Payment Rates.--In the case of any DRM 
     assistance provided in accordance with this section to a DRM-
     eligible Katrina Survivor that is covered under the State 
     Medicaid plan (as applied without regard to this section) the 
     State shall pay a provider of such assistance the same 
     payment rate as the State would otherwise pay for the 
     assistance if the assistance were provided under the State 
     Medicaid plan (or, if no such payment rate applies under the 
     State Medicaid plan, the usual and customary prevailing rate 
     for the item or service for the community in which it is 
     provided).
       (k) Application to Individuals Eligible for Medical 
     Assistance.--Nothing in this section shall be construed as 
     affecting any rights accorded to an individual who is a 
     recipient of medical assistance under a State Medicaid plan 
     who is determined to be a DRM-eligible Katrina Survivor, but 
     the provision of DRM assistance to such individual shall be 
     limited to the provision of such assistance in accordance 
     with this section.
       (l) No Entitlement to Regular Medical Assistance Solely on 
     the Basis of Receipt of DRM Assistance or in the Absence of a 
     New Application for Medical Assistance.--Notwithstanding 
     paragraphs (3) and (8) of section 1902(a) of the Social 
     Security Act (42 U.S.C. 1396a(a)), and section 435.930(b) of 
     title 42, Code of Federal Regulations, subject to 
     subparagraphs (B) and (C) of subsection (c)(2), and 
     subsection (d)(4), nothing in this section shall be construed 
     as providing an individual who is a DRM-eligible Katrina 
     Survivor who receives DRM assistance in accordance with this 
     section, with an entitlement to receive medical assistance 
     under the State Medicaid plan after the end of the DRM 
     coverage period--
       (1) solely on the basis of the individual's receipt of such 
     DRM assistance; or
       (2) in the absence of a new application submitted by such 
     individual for medical assistance under such plan.

[[Page S12141]]

       (m) Limitation With Respect to Application to Medicare 
     Prescription Drug Benefit.--In the case of an individual who 
     is a DRM-eligible Katrina Survivor who receives DRM 
     assistance from a State in accordance with this section, and 
     who is eligible for part A of title XVIII of the Social 
     Security Act (42 U.S.C. 1395c et seq.) or enrolled in part B 
     of title XVIII of such Act (42 U.S.C. 1395j et seq.)--
       (1) the State payment required under section 1935(c) of 
     such Act (42 U.S.C. 1395u-5(c)) shall be determined without 
     regard to the provision of DRM assistance to such individual; 
     and
       (2) such individual shall not be treated as a subsidy 
     eligible individual for purposes of eligibility for the low-
     income subsidies provided under section 1860D-14 of such Act 
     (42 U.S.C. 1395w-114) with respect to the prescription drug 
     coverage provided under part D of title XVIII of such Act (42 
     U.S.C. 1395w-101 et seq.), or enrollment in such coverage, 
     solely on the basis of the provision of DRM assistance to 
     such individual.
       (n) No DRM Assistance if the Secretary Is Making Payments 
     on Behalf of the Individual for Private Health Insurance.--A 
     DRM-eligible Katrina Survivor may not receive DRM assistance 
     from a State in accordance with this section during any 
     period in which the Secretary is making a payment for a 
     health insurance premium on behalf of such Survivor under 
     section 6088(b)(2)(A) with respect to that period.

     SEC. 6083. TARGETED MEDICAID RELIEF FOR MAJOR DISASTER 
                   PARISHES AND COUNTIES IN LOUISIANA, 
                   MISSISSIPPI, AND ALABAMA.

       (a) 100 Percent Federal Matching Payments for Medical 
     Assistance Provided in Major Disaster Parish or County.--
       (1) In general.--Notwithstanding section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)), for items and 
     services furnished during the period that begins on August 
     28, 2005, and ends on August 31, 2006, the Federal medical 
     assistance percentage for providing medical assistance for 
     such items and services under a State Medicaid plan to any 
     individual, including a Katrina Survivor, residing in a major 
     disaster parish or county (as defined in subsection (c)), and 
     for costs directly attributable to all administrative 
     activities that relate to the provision of such medical 
     assistance, shall be 100 percent.
       (2) Application to child health assistance.--
     Notwithstanding section 2105(b) of the Social Security Act 
     (42 U.S.C. 1397ee(b)), for items and services furnished 
     during the period described in subsection (a), the Federal 
     matching rate for providing child health assistance for such 
     items and services under a State child health plan in a major 
     disaster parish or county, and for costs directly 
     attributable to all administrative activities that relate to 
     the provision of such child health assistance, shall be 100 
     percent.
       (b) Moratorium on Redeterminations.--During the DRM 
     coverage period, the States of Louisiana, Mississippi, and 
     Alabama shall not be required to conduct eligibility 
     redeterminations under the State's Medicaid plan.
       (c) Major Disaster Parish or County Defined.--For purposes 
     of subsection (a), a major disaster parish or county is a 
     parish of the State of Louisiana or a county of the State of 
     Mississippi or Alabama for which a major disaster has been 
     declared in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170) as a result of Hurricane Katrina and which the 
     President has determined, as of September 14, 2005, warrants 
     individual or public assistance from the Federal Government 
     under such Act.

     SEC. 6084. AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL 
                   EMERGENCIES WITH RESPECT TO EVACUEES FROM AN 
                   EMERGENCY AREA.

       (a) In General.--Section 1135(g)(1) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)(1)) is amended by adding at the end 
     the following:

     ``Any geographical area in which the Secretary determines 
     there are a significant number of evacuees from an area that 
     is considered to be an emergency area under the preceding 
     sentence shall be considered to be an `emergency area' for 
     purposes of this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if enacted on August 28, 2005.

     SEC. 6085. EMERGENCY ASSISTANCE FOR STATES WITH SIGNIFICANT 
                   NUMBERS OF EVACUEES WITH RESPECT TO THE FEDERAL 
                   MEDICAL ASSISTANCE PERCENTAGE FOR FISCAL YEAR 
                   2006.

       (a) In General.--If the Federal medical assistance 
     percentage (as defined in section 1905(b) of the Social 
     Security Act (42 U.S.C. 1396d(b))) determined for a State 
     described in subsection (b) for fiscal year 2006 is less than 
     the Federal medical assistance percentage determined for such 
     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 for purposes of titles XIX and 
     XXI of the Social Security Act (42 U.S.C. 1396 et seq., 
     1397aa et seq.).
       (b) State Described.--For purposes of subsection (a), a 
     State described in this subsection is a State that, as of 
     September 30, 2005, is hosting at least 10,000 Katrina 
     Survivors described in section 6081(4)(A), as determined on 
     the basis of Federal Emergency Management Authority data.

     SEC. 6086. EMERGENCY ASSISTANCE TO MEDICARE BENEFICIARIES.

       (a) Exclusion of DRM Coverage Period in Computing Medicare 
     Part B Late Enrollment Period.--In applying the first 
     sentence of section 1839(b) of the Social Security Act (42 
     U.S.C. 1395r(b)) in the case of an individual who, on any day 
     during the week preceding August 28, 2005, had a residence in 
     a direct impact parish or county, there shall not be taken 
     into account any month any part of which is within the DRM 
     coverage period.
       (b) Written Plan on Transition of Certain Full-Benefit Dual 
     Eligible Individuals to Prescription Drug Coverage Under 
     Medicare Part D.--
       (1) In general.--Not later than December 1, 2005, the 
     Secretary of Health and Human Services (in this subsection 
     referred to as the ``Secretary'') shall submit to Congress a 
     written plan on how the Secretary will provide for the 
     transition of coverage of prescription drugs for full-benefit 
     dual eligible individuals (as defined in section 1935(c)(6) 
     of the Social Security Act (42 U.S.C. 1396u-5(c)(6)) who, on 
     any day during the week preceding August 28, 2005, had a 
     residence in a direct impact parish or county, from the 
     Medicaid program under title XIX of such Act to the Medicare 
     program under part D of title XVIII of such Act.
       (2) Requirements.--The plan shall address issues relating 
     to the following:
       (A) The application of the rules for automatic assignment 
     into prescription drug plans under section 1860D-1(b)(1)(C) 
     of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(C)).
       (B) The communication by the Secretary and sponsors of 
     prescription drug plans to individuals described in paragraph 
     (1) of--
       (i) information regarding such rules; and
       (ii) if such an individual is automatically assigned to a 
     plan, information on the plan.
       (C) Beneficiary protections related to the emergency use of 
     out-of-network and nonformulary benefits, including under 
     circumstances related to a lack of medical records and access 
     to prescribing physicians.
       (D) Any other area determined appropriate by the Secretary.

     SEC. 6087. RELIEF FOR HOSPITALS LOCATED IN A DIRECT IMPACT 
                   PARISH OR COUNTY.

       (a) Increase in Medicare Payments to Hospitals for Bad 
     Debt.--During the DRM coverage period, section 
     1861(v)(1)(T)(iv) of the Social Security Act (42 U.S.C. 
     1395x(v)(1)(T)(iv)) shall be applied by substituting ``0 
     percent'' for ``30 percent'' with respect to--
       (1) a hospital located in a direct impact parish or county; 
     and
       (2) any other hospital, but only to the extent that the bad 
     debt is related to items and services furnished to an 
     individual who, on any day during the week preceding August 
     28, 2005, had a residence in a direct impact parish or 
     county.
       (b) Waiver of Certain Medicare Quality Reporting 
     Requirements for Hospitals.--During the DRM coverage period, 
     section 1886(b)(3)(B)(vii) of the Social Security Act (42 
     U.S.C. 1395ww(b)(3)(B)(vii)) shall not apply to a hospital 
     that is located in a direct impact parish or county.

     SEC. 6088. DISASTER RELIEF FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States the Disaster Relief Fund (in this section 
     referred to as the ``Fund'') which--
       (1) shall be administered by the Secretary; and
       (2) shall consist of amounts made available under 
     subsection (h).
       (b) Use of Amounts in Fund.--Amounts in the Fund shall be 
     used by the Secretary for the following:
       (1) Payments to providers.--The Secretary shall make 
     payments directly to medicaid providers described in 
     subsection (e) to offset the costs incurred by such providers 
     as a result of Hurricane Katrina.
       (2) Payments for private health insurance coverage.--The 
     Secretary shall make payments to State insurance 
     commissioners for the purpose of making payments to health 
     insurance issuers--
       (A) on behalf of individuals that would otherwise qualify 
     for DRM assistance from the State under section 6082 but for 
     subsection (n) of such section for such individual's share of 
     their health insurance premium; and
       (B) on behalf of qualified employers for the employer share 
     of their employee's health insurance premiums, but only with 
     respect to the days on which the employer meets the 
     definition under subsection (f).
       (c) Rules for Payments to Providers.--
       (1) Consultation.--In making payments to medicaid providers 
     under subsection (b)(1), the Secretary shall consult with the 
     Louisiana Department of Health and Hospitals, the Mississippi 
     Department of Health, and the Alabama Department of Public 
     Health in order to best identify the providers with the 
     greatest need of such payments.
       (2) Priority.--In making payments to medicaid providers 
     under subsection (b)(1), the Secretary shall give priority to 
     community-based hospitals, physician practices, and other 
     providers located in a direct impact parish or county where 
     the health care infrastructure was destroyed or nearly 
     destroyed.
       (3) Description of need and how funding will be used.--In 
     order for a medicaid provider to be eligible for a payment 
     under subsection (b)(1), the provider shall provide the 
     Secretary with a description of the need for the funding and 
     how the funding will be used.

[[Page S12142]]

       (4) Timing for first payment.--The first payment to 
     medicaid providers under subsection (b)(1) shall be made by 
     not later than 10 days after the date of enactment of this 
     Act.
       (d) Rules for Payments on Behalf of Individuals for Private 
     Health Insurance.--
       (1) Streamlined eligibility process.--In making payments on 
     behalf of individuals under subsection (b)(2)(A), the 
     Secretary shall use the streamlined eligibility process under 
     section 6082(c)(1).
       (2) No payments if the individual is receiving drm 
     assistance.--No payments may be made on behalf of an 
     individual under subsection (b)(2)(A) with respect to any 
     period in which the individual is receiving DRM assistance 
     from a State under section 6082.
       (e) Medicaid Providers Described.--For purposes of 
     subsection (b)(1), medicaid providers described in this 
     subsection are--
       (1) any provider under such title, including a supplier of 
     medical assistance consisting of durable medical equipment 
     (as defined in section 1861(n) of such Act (42 U.S.C. 
     1395x(n)), that, during a period after August 28, 2005, as 
     determined by the Secretary--
       (A) experiences a significant increase, as determined by 
     the Secretary, in their patient caseload; or
       (B) experiences a significant drop, as determined by the 
     Secretary, in their patient caseload, including a provider 
     that is temporarily closed during such period; and
       (2) any other provider under such title, including such a 
     supplier, determined appropriate by the Secretary.
       (f) Qualified Employer Defined.--For purposes of subsection 
     (b)(2)(B), the term ``qualified employer'' means any 
     employer--
       (1) which conducted an active trade or business on August 
     28, 2005, in a direct impact parish or county; and
       (2) with respect to which the trade or business described 
     in paragraph (1)--
       (A) is inoperable on any day during the DRM coverage period 
     as a result of damage sustained in connection with Hurricane 
     Katrina; or
       (B) is not paying salary or benefits to employees on any 
     day during the DRM coverage period as a result of damage 
     sustained in connection with Hurricane Katrina.
       (g) Expediting Implementation.--The Secretary shall 
     promulgate regulations to carry out this section which may be 
     effective and final immediately on an interim basis as of the 
     date of publication of the interim final regulation. If the 
     Secretary provides for an interim final regulation, the 
     Secretary shall provide for a period of public comments on 
     such regulation after the date of publication. The Secretary 
     may change or revise such regulation after completion of the 
     period of public comment.
       (h) Appropriation.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated to the Fund 
     $800,000,000 for fiscal year 2005, to remain available until 
     expended.
       (i) Application of Appropriations Funding Provisions.--
     Amounts provided in this section for making payments to 
     medicaid providers under subsection (b)(1) shall be governed 
     by the terms of division F of the Consolidated Appropriations 
     Act, 2005 (Public Law 108-447, 118 Stat. 3112) (or succeeding 
     appropriations measures for a fiscal year) that apply to 
     funding for Grants to States for Medicaid under Title XIX of 
     the Social Security Act.

     SEC. 6089. NONAPPLICATION OF CERTAIN PROVISIONS.

       Notwithstanding any other provision of this Act, this Act 
     shall be applied without regard to subsections (a) and (b) of 
     section 6032.

                       Subchapter B--TANF Relief

     SEC. 6090. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED 
                   TO ASSIST FAMILIES OF STATES AFFECTED BY 
                   HURRICANE KATRINA.

       (a) In General.--Section 3 of the TANF Emergency Response 
     and Recovery Act of 2005 is amended to read as follows:

     ``SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED 
                   TO ASSIST FAMILIES OF STATES AFFECTED BY 
                   HURRICANE KATRINA.

       ``(a) Eligibility for Payments From the Contingency Fund.--
       ``(1) Period of applicability.--Beginning with August 29, 
     2005, and ending with September 30, 2006, a State described 
     in paragraph (2) or (3) shall be considered a needy State for 
     purposes of section 403(b) of the Social Security Act (42 
     U.S.C. 603(b)).
       ``(2) Direct impact states.--A State described in this 
     paragraph is Louisiana, Mississippi, or Alabama.
       ``(3) Other states.--
       ``(A) In general.--A State is described in this paragraph 
     if the State provides any benefit or service that may be 
     provided under the State program funded under part A of title 
     IV of the Social Security Act (42 U.S.C. 601 et seq.) to a 
     family which--
       ``(i) has resided in a direct impact State described in 
     paragraph (2);
       ``(ii) has travelled (not necessarily directly) to the 
     State from such direct impact State as a result of Hurricane 
     Katrina; and
       ``(iii) if applying for benefits or services on or after 
     October 28, 2005, the State has determined is not receiving 
     cash benefits from any program funded under such part of any 
     other State.
       ``(B) Application to territories.--
       ``(i) In general.--Notwithstanding section 403(b)(7) of the 
     Social Security Act, a territory (as defined in section 
     1108(c)(1) of such Act (42 U.S.C.1308(c)(1)) shall be 
     considered to be a State described in this paragraph for 
     purposes of this section.
       ``(ii) Disregard of payments.--Section 1108(a) of the 
     Social Security Act (42 U.S.C. 1308(a)) shall be applied 
     without regard to any amounts paid to a territory (as so 
     defined) in accordance with this section.
       ``(b) Monthly Payments.--Notwithstanding paragraph 
     (3)(C)(i) of subsection (b) of section 403 of the Social 
     Security Act (42 U.S.C. 603), and in addition to any other 
     amounts paid to a State under that subsection, the total 
     amount paid during a month to a State under this section 
     shall not exceed the following:
       ``(1) Direct impact states.--In the case of a State 
     described in subsection (a)(2), such amount shall not exceed, 
     \1/4\ of 20 percent of the State family assistance grant.
       ``(2) Other states.-- In the case of a State described in 
     subsection (a)(3), such amount shall not exceed the lesser 
     of--
       ``(A) the total amount of Hurricane Katrina Emergency TANF 
     Benefits (as defined in section 6(c)(1)) provided by the 
     State to families described in subsection (a)(3); or
       ``(B) \1/4\ of 20 percent of the State family assistance 
     grant.
       ``(c) No State Match or Maintenance of Effort Required.--
     Sections 403(b)(6) and 409(a)(10) of the Social Security Act 
     (42 U.S.C. 603(b)(6), 609(a)(10)) shall not apply with 
     respect to a payment made to a State by reason of this 
     section.
       ``(d) Increase in Funding to the Extent Necessary To Ensure 
     That States Will Be Able To Access the Contingency Fund.--For 
     the period described in subsection (a)(1), paragraph (2) of 
     subsection (b) of section 403 of the Social Security Act (42 
     U.S.C. 603) shall be applied without regard to the limitation 
     on the total amount specified in such paragraph and funds 
     appropriated pursuant to such paragraph shall be available 
     for payments authorized under this section and under such 
     subsection (b).''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect as if included in the 
     enactment of the TANF Emergency Response and Recovery Act of 
     2005.

     SEC. 6091. INCREASE IN AMOUNT OF ADDITIONAL TANF FUNDS 
                   AVAILABLE FOR HURRICANE-DAMAGED STATES.

       (a) In General.--Section 4 of the TANF Emergency Response 
     and Recovery Act of 2005 is amended--
       (1) in subsection (a)(2), by striking ``20 percent'' and 
     inserting ``40 percent''; and
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``(at any time during or after the period 
     described in section 3(a)(1))'' after ``may not be imposed''.
       (b) Retroactive Effective Date.--The amendments made by 
     subsection (a) shall take effect as if included in the 
     enactment of the TANF Emergency Response and Recovery Act of 
     2005.

     SEC. 6092. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY 
                   TANF BENEFITS AND APPLICATION TO CHILD SUPPORT 
                   REQUIREMENTS.

       (a) In General.--Section 6 of the TANF Emergency Response 
     and Recovery Act of 2005 is amended to read as follows:

     ``SEC. 6. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY 
                   TANF BENEFITS AND APPLICATION TO CHILD SUPPORT 
                   REQUIREMENTS.

       ``(a) In General.--During the period described in section 
     3(a)(1), a State described in paragraph (2) or (3) of section 
     3(a) or an Indian tribe with a tribal family assistance plan 
     approved under section 412 of the Social Security Act (42 
     U.S.C. 612) may provide Hurricane Katrina Emergency TANF 
     Benefits under the State or tribal program funded under part 
     A of title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.).
       ``(b) Certain Rules Waived.--
       ``(1) In general.--Hurricane Katrina Emergency TANF 
     Benefits shall not be considered assistance for purposes of 
     sections 407, paragraphs (2), (3), or (7) of section 408(a), 
     411, or section 454(29) of the Social Security Act (42 U.S.C. 
     607, 608(a), 611, 654(29)).
       ``(2) Limited waiver of rules under section 454(4)(a)(i).--
       ``(A) In general.--Subject to subparagraph (B), such 
     benefits shall not be considered assistance for purposes of 
     section 454(4)(A)(i) of such Act (42 U.S.C. 654(4)(A)(i)).
       ``(B) Exception for families already receiving child 
     support services or who apply for such services.--
     Subparagraph (A) shall not apply with respect to such 
     benefits that are provided to a family who--
       ``(i) at the time such benefits are provided, are receiving 
     child support services under a State plan under section 454 
     of such Act (42 U.S.C. 654); or
       ``(ii) applies for child support services under such a 
     State plan on behalf of a child who is receiving such 
     benefits.
       ``(c) Hurricane Katrina Emergency TANF Benefits.--
       ``(1) In general.--In this section, the term `Hurricane 
     Katrina Emergency TANF Benefits' means any benefit or service 
     that may be provided under a State or tribal program funded 
     under part A of title IV of the Social Security Act to 
     support families which the State or Indian tribe deems to be 
     needy families based on their statement, circumstance, or 
     inability to access resources and who--
       ``(A) are described in section 3(a)(3); or
       ``(B) subject to paragraph (2), reside in a State described 
     in section 3(a)(2).
       ``(2) Limitation.--Any benefit or service provided under a 
     State or tribal program funded under part A of title IV of 
     the Social

[[Page S12143]]

     Security Act in a State described in section 3(a)(2) to a 
     family who the State or Indian tribe deems to be a needy 
     family in accordance with paragraph (1), shall only be 
     considered to be a Hurricane Katrina Emergency TANF Benefit 
     if the State or Indian tribe designates that the benefit or 
     service is to be treated as a Hurricane Katrina Emergency 
     TANF Benefit.
       ``(d) Simplified Data Reporting.--
       ``(1) In general.--Each State or Indian tribe which 
     provides Hurricane Katrina Emergency TANF Benefits shall 
     report to the Secretary of Health and Human Services on a 
     monthly basis the following information:
       ``(A) The total amount of expenditures attributable to 
     providing Hurricane Katrina Emergency TANF Benefits.
       ``(B) The total number of families receiving such benefits.
       ``(C) To the extent the State determines it is able to do 
     so, the total amount of such benefits provided that are--
       ``(i) cash;
       ``(ii) child care; or
       ``(iii) other benefits and services.
       ``(2) Reports to congress.--The Secretary of Health and 
     Human Services shall submit, on a monthly basis, a 
     compilation of the reports submitted in accordance with 
     paragraph (1) to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives.''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect as if included in the 
     enactment of the TANF Emergency Response and Recovery Act of 
     2005.

                 Subchapter C--Miscellaneous Provisions

     SEC. 6093. DISCLOSURE BASED ON VALID AUTHORIZATION.

       (a) In General.--Section 223(d)(5) of the Social Security 
     Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the 
     following:
       ``(C) Notwithstanding any other provision of law, if the 
     Commissioner of Social Security provides to a custodian of 
     records a copy, facsimile, or electronic version of an 
     authorization obtained from the individual to disclose 
     records to the Commissioner, then such custodian shall not be 
     held liable under any applicable Federal or State law for 
     disclosing any record or other information in response to 
     such request, on the basis that the authorization relied upon 
     was a copy, facsimile, or electronic version of the 
     authorization.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to disclosures of records or other 
     information made on or after the date of enactment of this 
     Act.

     SEC. 6094. EMERGENCY PROCUREMENT AUTHORITY IN SUPPORT OF 
                   HURRICANE KATRINA RESCUE AND RELIEF EFFORTS.

       (a) Small Business Reservation Offset.--Section 15(j) of 
     the Small Business Act (15 U.S.C. 644(j)) is amended by 
     adding at the end the following:
       ``(4) For any contracts involving the use of the special 
     emergency procurement authority under section 32A(c) of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), 
     the dollar ceiling of the small business reservation 
     established in paragraph (1) shall be adjusted to match the 
     applicable amount of the simplified acquisition threshold.''.
       (b) Retention of Small Business Subcontracting.--Section 
     8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D)) 
     is amended--
       (1) by striking ``(D) No contract'' and inserting the 
     following:
       ``(D) Small business participation.--
       ``(i) In general.--No contract''; and
       (2) by adding at the end the following:
       ``(ii) Emergency procurements.--
       ``(I) In general.--For any contract which otherwise meets 
     the requirements of this subsection, and which involves the 
     use of special emergency procurement authority under section 
     32A(c) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 428a(c)), the subcontracting plan required under this 
     subsection shall be negotiated as soon as is practicable, but 
     not later than 30 days after the date on which the contract 
     is awarded.
       ``(II) Payment.--Not greater than 50 percent of the amounts 
     due under any contract described in subclause (I) may be 
     paid, unless a subcontracting plan compliant with this 
     subsection is negotiated by the contractor.''.
       (c) Limitations on Increased Micro-Purchase Threshold.--
     Notwithstanding any other provision of law, the authority 
     granted under section 101 of the Second Emergency 
     Supplemental Appropriations Act to Meet Immediate Needs 
     Arising From the Consequences of Hurricane Katrina, 2005 
     (Public Law 109-62), including the modifications under 
     subsection (d), shall--
       (1) be restricted for use solely within the geographic 
     areas designated by the President as disaster areas due to 
     Hurricane Katrina;
       (2) not be exercised in a manner inconsistent with any 
     Federal law providing for local preference in disaster relief 
     and recovery contracting; and
       (3) terminate 120 days after the date of enactment of this 
     Act.
       (d) Modified Threshold.--Notwithstanding section 101(2) of 
     the Second Emergency Supplemental Appropriations Act to Meet 
     Immediate Needs Arising From the Consequences of Hurricane 
     Katrina, 2005 (Public Law 109-62), the amount specified in 
     subsections (c), (d), and (f) of the section 32 of the Office 
     of Federal Procurement Policy Act (41 U.S.C. 428) for 
     purchases necessary for support of Hurricane Katrina rescue 
     and relief operations shall be $50,000, or such an amount in 
     excess of $50,000, but not to exceed $250,000, as may be 
     approved by the head of the executive agency concerned (or 
     any delegate of the head of such executive agency, who shall 
     be an officer or employee of such executive agency who is a 
     warranted contracting officer for making Federal 
     acquisitions).
       (e) OMB Guidance on Use of Government Credit Cards for 
     Micro-Purchases.--
       (1) Guidance required.--Not later than 14 calendar days 
     after the date of enactment of this Act, the Director of the 
     Office of Management and Budget shall issue clear and concise 
     guidance regarding the use of Government credit cards by 
     Federal agencies to make micro-purchases under subsections 
     (c), (d), and (f) of section 32 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 428), as modified by this 
     section.
       (2) Elements.--The guidance under paragraph (1) shall 
     include--
       (A) a list of Government officials with the authority to 
     approve purchases under subsection (d) in amounts in excess 
     of $50,000, designated by agency, title, and pay grade;
       (B) the number of credit cards, by agency, that may be 
     utilized for purchases under subsection (d) in amounts in 
     excess of $50,000;
       (C) procedures for the immediate review of any purchase 
     under subsection (d) in an amount in excess of $50,000 that 
     was not approved by an official specified in that paragraph 
     as required by that paragraph;
       (D) procedures for the audit of all purchases made on 
     Government credit cards after the expiration of subsection 
     (d) under subsection (c); and
       (E) procedures to ensure that such purchases are made with 
     small business concerns and local small business concerns, to 
     the maximum extent practicable under the circumstances.
       (3) Reports on purchases.--Not later than 180 days after 
     the date of the enactment of this Act, the head of each 
     executive agency making any purchase under subsection (d) in 
     an amount in excess of $50,000 shall submit to the 
     appropriate Congressional committees a report on each such 
     purchase made by such agency, including--
       (A) a description of the property or services so purchased;
       (B) a statement of the purpose of such purchase;
       (C) a statement of the amount of such purchase;
       (D) a statement of the name, title, and pay grade of the 
     officer or employee of such agency making such purchase; and
       (E) whether such purchases were made with small business 
     concerns.
       (4) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate Congressional committees'' 
     means--
       (A) the Committees on Appropriations, Small Business and 
     Entrepreneurship, Finance, and Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committees on Appropriations, Small Business, and 
     Government Reform of the House of Representatives.

     SEC. 6095. TRANSFER OF FUNDS.

       Notwithstanding any other provision of law, of the amounts 
     made available to the Department of Homeland Security under 
     the heading ``Disaster Relief' under the heading ``Emergency 
     Preparedness and Response'' of Public Law 109-62 (119 Stat. 
     1991), such sums as are necessary to carry out this chapter 
     shall--
       (1) be made available to the Secretary to carry out this 
     chapter;
       (2) be used by the Secretary to carry out this chapter; and
       (3) remain available until expended.
                                 ______
                                 
  SA 2357. Mr. NELSON of Florida (for himself, Mr. Kerry, Ms. Cantwell, 
Mrs. Murray, Mr. Reid, and Mr. Kennedy) proposed an amendment to the 
bill S. 1932, to provide for reconciliation pursuant to section to 
section 202(a) of the concurrent resolution on the budget for fiscal 
year 2006 (H. Con. Res. 95); as follows:

       On page 268, between lines 10 and 11, insert the following:
       (d) Premium Transition Rule.--
       (1) 2006.--
       (A) Premium.--Nothing in this section shall be construed as 
     modifying the premium previously computed under section 1839 
     of the Social Security Act (42 U.S.C. 1395r) for months in 
     2006.
       (B) Government contribution.--In computing the amount of 
     the Government contribution under section 1844(a) of the 
     Social Security Act (42 U.S.C. 1395w(a)) for months in 2006, 
     the Secretary of Health and Human Services shall compute and 
     apply a new actuarially adequate rate per enrollee age 65 and 
     over under section 1839(a)(1) of such Act (42 U.S.C. 
     1395r(a)(1)) taking into account the provisions of this 
     section.
       (2) 2007.--
       (A) Premium.--The monthly premium under section 1839 of the 
     Social Security Act (42 U.S.C. 1395r) for months in 2007 
     shall be computed as if this section had not been enacted.
       (B) Government contribution.--The Government contribution 
     under section 1844(a) of the Social Security Act (42 U.S.C. 
     1395w(a)) for months in 2007 shall be computed taking into 
     account the provisions of this section, including 
     subparagraph (A).

[[Page S12144]]

       (e) Extension of Prescription Drug Discounts to Enrollees 
     of Medicaid Managed Care Organizations.--
       (1) In general.--Section 1903(m)(2)(A) (42 U.S.C. 
     1396b(m)(2)(A)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) such contract provides that payment for covered 
     outpatient drugs dispensed to individuals eligible for 
     medical assistance who are enrolled with the entity shall be 
     subject to the same rebate agreement entered into under 
     section 1927 as the State is subject to and that the State 
     shall have the option of collecting rebates for the 
     dispensing of such drugs by the entity directly from 
     manufacturers or allowing the entity to collect such rebates 
     from manufacturers in exchange for a reduction in the prepaid 
     payments made to the entity for the enrollment of such 
     individuals.''.
       (2) Conforming amendment.--Section 1927(j)(1) (42 U.S.C. 
     1396r-8(j)91)) is amended by inserting ``other than for 
     purposes of collection of rebates for the dispensing of such 
     drugs in accordance with the provisions of a contract under 
     section 1903(m) that meets the requirements of paragraph 
     (2)(A)(xiii) of that section'' before the period.
       (3) Effective date.--The amendments made by this subsection 
     take effect on the date of enactment of this Act and apply to 
     rebate agreements entered into or renewed under section 1927 
     of the Social Security Act (42 U.S.C. 1396r-8) on or after 
     such date.

                          ____________________