[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[House]
[Pages H10235-H10242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1045
                HURRICANE REGULATORY RELIEF ACT OF 2005

  Mr. JINDAL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3975) to ease the provision of services to individuals 
affected by Hurricanes Katrina and Rita, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 3975

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Hurricane 
     Regulatory Relief Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                           TITLE I--EDUCATION

       Subtitle A--Elementary and secondary educational programs

Sec. 101. Charter schools.

                    Subtitle B--Teacher flexibility

Sec. 111. Treatment of highly qualified teachers.

    Subtitle C--Educational programs for children with disabilities

Sec. 121. Agreements to extend certain deadlines of the Individuals 
              with Disabilities Education Act to facilitate the 
              provision of educational services to children with 
              disabilities.
Sec. 122. Paperwork reduction pilot program participation for affected 
              States.

                  Subtitle D--Higher education relief

Sec. 131. Waivers and modifications.
Sec. 132. Transfer of credit.
Sec. 133. Expanding information dissemination regarding eligibility for 
              Pell Grants.
Sec. 134. Procedures; termination of authority.

                     Subtitle E--Regulatory relief

Sec. 151. Regulatory and financial relief.

                  TITLE II--HEALTH AND HUMAN SERVICES

                     Subtitle A--Community services

Sec. 201. Secretary authority.
Sec. 202. State authority.

                         Subtitle B--Head Start

Sec. 211. Head start and early head start children affected by a Gulf 
              hurricane disaster.

                    Subtitle C--Child care services

Sec. 221. Waiver authority to expand the availability of services under 
              Child Care and Development Block Grant Act of 1990.

                            TITLE III--LABOR

   Subtitle A--Pension Flexibility for Displaced Workers Act of 2005

Sec. 301. Short title.
Sec. 302. Authority to prescribe guidance by reason of the 
              Presidentially declared disasters caused by Hurricane 
              Katrina and Hurricane Rita.
Sec. 303. Authority in the event of Presidentially declared disaster or 
              terroristic or military actions.

               Subtitle B--Occupational safety and health

Sec. 311. Authorization for volunteers.
Sec. 312. Purchase and distribution of equipment.
Sec. 313. State assistance and matching fund restrictions.
Sec. 314. Expiration.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Definitions.
Sec. 402. Procedural waivers.
Sec. 403. Reporting requirements.

                           TITLE I--EDUCATION

       Subtitle A--Elementary and Secondary Educational Programs

     SEC. 101. CHARTER SCHOOLS.

       The Secretary of Education shall encourage States--
       (1) to include charter schools in Gulf hurricane disaster 
     relief efforts;
       (2) to provide support to charter schools that are serving 
     individuals adversely affected by a Gulf hurricane disaster; 
     and
       (3) to facilitate the enrollment of students displaced by a 
     Gulf hurricane disaster in charter schools, including by--
       (A) waiving any requirement relating to whether a student 
     has resided in the geographic area of the charter school;
       (B) increasing the number of students who may attend a 
     charter school; and
       (C) removing any other relevant restrictions.

                    Subtitle B--Teacher Flexibility

     SEC. 111. TREATMENT OF HIGHLY QUALIFIED TEACHERS.

       For purposes of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et. seq.), and the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.), an 
     individual who was employed as a teacher on August 29, 2005, 
     by a local educational agency in a State, and who was highly 
     qualified for such employment on such date, may be considered 
     by another State, during the 2005-2006 school year, to be 
     highly qualified in the same core academic subjects for 
     purposes of subsequent employment as a teacher by a local 
     educational agency in such other State, if--
       (1) the local educational agency employing the teacher on 
     August 29, 2005, serves an area affected by a Gulf hurricane 
     disaster; and
       (2) the local educational agency subsequently employing the 
     teacher hired the teacher due to needs created by the 
     enrollment of displaced students.

    Subtitle C--Educational Programs for Children With Disabilities

     SEC. 121. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE 
                   INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO 
                   FACILITATE THE PROVISION OF EDUCATIONAL 
                   SERVICES TO CHILDREN WITH DISABILITIES.

       (a) Authority.--The Secretary of Education may enter into 
     an agreement described in subsection (b) with an eligible 
     entity to extend certain deadlines under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) related 
     to providing special education and related services, 
     including early intervention services, to individuals 
     adversely affected by a Gulf hurricane disaster.
       (b) Terms of Agreements.--An agreement referred to in 
     subsection (a) is an agreement with an eligible entity made 
     in accordance with subsection (e) that may extend the 
     applicable deadlines under one or more of the following 
     sections:
       (1) Section 611(e)(3)(C)(ii) of such Act, by extending up 
     to an additional 60 days the 90 day deadline for developing a 
     State plan for the high cost fund.
       (2) Section 612(a)(15)(C) of such Act, by extending up to 
     an additional 60 days the deadline for submission of the 
     annual report to the Secretary of Education and the public 
     regarding the progress of the State and of children with 
     disabilities in the State.
       (3) Section 612(a)(16)(D) of such Act, by extending up to 
     an additional 60 days the deadline for making available 
     reports regarding the participation in assessments and the 
     performance on such assessments of children with 
     disabilities.
       (4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up 
     to an additional 30 days the 60 day deadline for the initial 
     evaluation to determine whether a child is a child with a 
     disability for purposes of the provision of special education 
     and related services to such child.
       (5) Section 616(b)(1)(A) of such Act, by extending up to an 
     additional 60 days the deadline for finalization of the State 
     performance plan.
       (6) Section 641(e)(1)(D) of such Act, by extending up to an 
     additional 60 days the deadline for submission to the 
     Governor of a State and the Secretary of Education of the 
     report on the status of early intervention programs for 
     infants and toddlers with disabilities and their families 
     operated within the State.
       (c) Rule of Construction.--Nothing in this Act shall be 
     construed--
       (1) as permitting the waiver of--
       (A) any applicable Federal civil rights law;
       (B) any student or family privacy protections, including 
     provisions requiring parental consent for evaluations and 
     services;
       (C) any procedural safeguards required under section 615 or 
     section 639 of the Individuals with Disabilities Education 
     Act; or
       (D) any requirements not specified in subsection (b)(1) of 
     this section; or
       (2) as removing the obligation of the eligible entity to 
     provide a child with a disability or an infant or toddler 
     with a disability and their families--
       (A) a free appropriate public education under part B of the 
     Individuals with Disabilities Education Act; or
       (B) early intervention services under part C of such Act.
       (d) Duration of Agreement.--An agreement under this section 
     shall terminate at the conclusion of the 2005-2006 academic 
     year.
       (e) Request to Enter Into Agreement.--To enter into an 
     agreement under this section, an eligible entity shall submit 
     a request to the Secretary of Education at such

[[Page H10236]]

     time, in such manner, and containing such information as the 
     Secretary may require.

     SEC. 122. PAPERWORK REDUCTION PILOT PROGRAM PARTICIPATION FOR 
                   AFFECTED STATES.

       (a) Authority.--To identify ways to reduce paperwork 
     burdens and other administrative duties that are directly 
     associated with the requirements of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) in order 
     to increase the time and resources available for instruction 
     and other activities aimed at improving educational and 
     functional results for children with disabilities, the 
     Secretary of Education is authorized to permit an affected 
     State to participate in the paperwork reduction pilot program 
     described in section 609(a) of such Act.
       (b) Participation by Affected States.--Participation in the 
     paperwork reduction pilot program by an affected State shall 
     be in addition to the maximum number of States that may so 
     participate in accordance with section 609(a)(2)(A) of such 
     Act.
       (c) Proposal.--
       (1) In general.--An affected State desiring to participate 
     in the paperwork reduction pilot program described in section 
     609(a) of such Act shall submit a proposal to the Secretary 
     in accordance with section 609(a)(3) of such Act, subject to 
     paragraph (2) of this subsection.
       (2) Simplification.--The Secretary may simplify the 
     proposal process for an affected State to participate in the 
     program if the Secretary determines that such simplification 
     is appropriate.
       (d) Rule of Construction.--The requirements and authorities 
     described in section 609(a) of such Act that are not modified 
     by this section with respect to an affected State shall apply 
     to such State.

                  Subtitle D--Higher Education Relief

     SEC. 131. WAIVERS AND MODIFICATIONS.

       Notwithstanding any other provision of law unless enacted 
     with specific reference to this section, the Secretary of 
     Education is authorized to waive or modify any statutory or 
     regulatory provision applicable to the student financial 
     assistance programs under title IV of the Higher Education 
     Act of 1965, or any student or institutional eligibility 
     provisions in such Act, as the Secretary of Education deems 
     necessary to ensure that the calculation of expected family 
     contribution (under section 474 of such Act) used in the 
     determination of need for student financial assistance under 
     such title for any affected student (and the determination of 
     such need for his or her family, if applicable), is modified 
     to reflect any changes in the financial condition of such 
     affected student and his or her family resulting from a Gulf 
     hurricane disaster.

     SEC. 132. TRANSFER OF CREDIT.

       (a) Policy Disclosure.--For periods of enrollment beginning 
     in calendar year 2006, each institution of higher education 
     shall establish and publicize policies of the institution 
     regarding the acceptance or denial of academic credit earned 
     at another institution of higher education, which shall 
     include a statement that such decisions will not be based 
     solely on the source of accreditation of a sending 
     institution, provided that the sending institution is 
     accredited by an agency or association that is recognized by 
     the Secretary of Education pursuant to section 496 of the 
     Higher Education Act of 1965 to be a reliable authority as to 
     the quality of the education or training offered.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to--
       (1) authorize an officer or employee of the Department of 
     Education to exercise any direction, supervision, or control 
     over the curriculum, program of instruction, administration, 
     or personnel of any institution of higher education, or over 
     any accrediting agency or association;
       (2) limit the application of the General Education 
     Provisions Act (20 U.S.C. 1221 et seq.); or
       (3) create any legally enforceable right.

     SEC. 133. EXPANDING INFORMATION DISSEMINATION REGARDING 
                   ELIGIBILITY FOR PELL GRANTS.

       (a) In General.--The Secretary of Education shall--
       (1) make special efforts, in conjunction with State 
     efforts, to notify affected students and, if applicable, 
     their parents, who qualify for a means-tested Federal benefit 
     program, of their potential eligibility for a maximum Pell 
     Grant; and
       (2) disseminate informational materials regarding such 
     eligibility as the Secretary of Education deems appropriate.
       (b) Means-Tested Federal Benefit Program.--For the purpose 
     of this section, the term ``means-tested Federal benefit 
     program''--
       (1) means a mandatory spending program of the Federal 
     Government, other than a program under the Higher Education 
     Act of 1965, in which eligibility for the program's benefits, 
     or the amount of such benefits, or both, are determined on 
     the basis of income or resources of the individual or family 
     seeking the benefit; and
       (2) may include--
       (A) the supplemental security income program under title 
     XVI of the Social Security Act;
       (B) the food stamp program under the Food Stamp Act of 
     1977;
       (C) the free and reduced price school lunch program 
     established under the Richard B. Russell National School 
     Lunch Act;
       (D) the temporary assistance to needy families program 
     established under part A of title IV of the Social Security 
     Act;
       (E) the women, infants, and children program established 
     under section 17 of the Child Nutrition Act of 1966; and
       (F) other programs identified by the Secretary of 
     Education.

     SEC. 134. PROCEDURES; TERMINATION OF AUTHORITY.

       (a) Deadlines and Procedures.--Sections 482(c) and 492 of 
     the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098(a)) 
     shall not apply to any waivers, modifications, or actions 
     initiated by the Secretary of Education under this subtitle.
       (b) Case-by-Case Basis.--The Secretary of Education is not 
     required to exercise any waiver or modification authority 
     under this subtitle on a case-by-case basis.
       (c) Termination of Authority.--The authority of the 
     Secretary of Education to issue waivers or modifications 
     under this subtitle shall expire at the conclusion of the 
     2005-2006 academic year, but the expiration of such authority 
     shall not affect the continuing validity of any such waivers 
     or modifications after such academic year.

                     Subtitle E--Regulatory Relief

     SEC. 151. REGULATORY AND FINANCIAL RELIEF.

       (a) Waiver Authority.--Subject to subsections (b) and (c), 
     in providing any grant or other assistance, directly or 
     indirectly, to an entity in an affected State, the Secretary 
     of Education may, as applicable, waive or modify in order to 
     ease fiscal burdens any requirement relating to the 
     following:
       (1) Maintenance of effort.
       (2) The use of Federal funds to supplement, not supplant, 
     non-Federal funds.
       (3) Any non-Federal share or capital contribution required 
     to match Federal funds provided under programs administered 
     by the Secretary of Education.
       (b) Duration.--A waiver under this section shall be for the 
     2006 fiscal year.
       (c) Limitations.--
       (1) Relation to idea.--This section does not authorize the 
     waiver or modification of any provision of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (2) Maintenance of effort.--If the Secretary grants a 
     waiver or modification under this section waiving a 
     requirement relating to maintenance of effort for a fiscal 
     year, the level of effort required for the following fiscal 
     year shall not be reduced because of the waiver.

                  TITLE II--HEALTH AND HUMAN SERVICES

                     Subtitle A--Community Services

     SEC. 201. SECRETARY AUTHORITY.

       The Secretary of Health and Human Services may waive with 
     respect to any affected State for up to 90 days after the 
     enactment of this Act the filing deadline under section 
     676(b) of the Community Services Block Grant Act.

     SEC. 202. STATE AUTHORITY.

       (a) Transfer of Funding.--A State that receives a payment 
     or allotment under section 675A or 675B of the Community 
     Services Block Grant Act may transfer a portion of the 
     payment or allotment available for expenditure under section 
     675C(b) (including sums available for administrative expenses 
     under paragraph (2) of such section 675C(b)) to an affected 
     State.
       (b) Staff.--A State lead agency designated under section 
     676(a)(1) of the Community Services Block Grant Act or an 
     eligible entity (as defined in section 673 of such Act) may 
     send an employee of the State lead agency, or of an eligible 
     entity, to an area affected by a Gulf hurricane disaster to 
     help in providing disaster assistance.
       (c) Eligible Entity.--A State lead agency in an affected 
     State may temporarily fund an eligible entity in a contiguous 
     area, or if such entity is not available to provide such 
     services, may temporarily fund alternative service providers 
     (notwithstanding the definition of an eligible entity as 
     defined in section 673 of the Community Services Block Grant 
     Act) when the currently funded eligible entity is no longer 
     able to provide services due to a Gulf hurricane disaster in 
     order to meet the immediate needs of individuals adversely 
     affected by a Gulf hurricane disaster (provided that in the 
     meantime the State is assisting such current eligible entity 
     in becoming operational).
       (d) Recapture and Redistribution of Unobligated Funds.--
     Notwithstanding any other provision of law, an affected State 
     may apply the recapture and redistribution of unobligated 
     funds provisions under section 675C(a)(3) of the Community 
     Services Block Grant Act provided that the State consults 
     with the eligible entity involved.

                         Subtitle B--Head Start

     SEC. 211. HEAD START AND EARLY HEAD START CHILDREN AFFECTED 
                   BY A GULF HURRICANE DISASTER.

       (a) Technical Assistance, Guidance, and Resources.--The 
     Secretary of Health and Human Services shall provide 
     technical assistance, guidance, and resources through the 
     Region 4 and Region 6 offices of the Administration for 
     Children and Families (and may provide technical assistance, 
     guidance, and resources, through other regional offices of 
     the Administration, at the request of such offices, that 
     administer affected Head Start agencies) to Head Start 
     agencies in areas in which a major disaster has been 
     declared, and to affected Head Start agencies, to assist the 
     agencies involved in providing Head Start services and Early 
     Head Start services to children affected by a Gulf hurricane 
     disaster.
       (b) Waiver.--For such period up to June 30, 2006, and to 
     such extent as the Secretary

[[Page H10237]]

     considers appropriate, the Secretary of Health and Human 
     Services--
       (1) may waive section 640(b) of the Head Start Act for Head 
     Start agencies located in an area affected by a Gulf 
     Hurricane disaster and other affected Head Start agencies; 
     and
       (2) shall waive requirements of documentation for an 
     individual adversely affected by a Gulf hurricane disaster 
     who participates in a Head Start program or an Early Head 
     Start program funded under the Head Start Act.

                    Subtitle C--Child Care Services

     SEC. 221. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF 
                   SERVICES UNDER CHILD CARE AND DEVELOPMENT BLOCK 
                   GRANT ACT OF 1990.

       For such period up to June 30, 2006, and to such extent as 
     the Secretary considers to be appropriate, the Secretary of 
     Health and Human Service may waive or modify, for any 
     affected State, and any State serving significant numbers of 
     individuals adversely affected by a Gulf hurricane disaster, 
     provisions of the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.)--
       (1) relating to Federal income limitations on eligibility 
     to receive child care services for which assistance is 
     provided under such Act,
       (2) relating to work requirements applicable to eligibility 
     to receive child care services for which assistance is 
     provided under such Act,
       (3) relating to limitations on the use of funds under 
     section 658G of the Child Care and Development Block Grant 
     Act of 1990,
       (4) preventing children designated as evacuees from 
     receiving priority for child care services provided under 
     such Act, except that children residing in a State and 
     currently receiving services should not lose such services in 
     order to accommodate evacuee children, and
       (5) relating to any non-Federal or capital contribution 
     required to match Federal funds provided under programs 
     administered by the Secretary of Health and Human Services,
     for purposes of easing State fiscal burdens and providing 
     child care services to children orphaned, or of families 
     displaced, as a result of a Gulf hurricane disaster.

                            TITLE III--LABOR

   Subtitle A--Pension Flexibility for Displaced Workers Act of 2005

     SEC. 301. SHORT TITLE.

       This subtitle may be cited as the ``Pension Flexibility for 
     Displaced Workers Act of 2005''.

     SEC. 302. AUTHORITY TO PRESCRIBE GUIDANCE BY REASON OF THE 
                   PRESIDENTIALLY DECLARED DISASTERS CAUSED BY 
                   HURRICANE KATRINA AND HURRICANE RITA.

       (a) Waivers, Suspensions, or Exemptions.--In the case of 
     any pension plan which is an individual account plan, or any 
     participant or beneficiary, plan sponsor, administrator, 
     fiduciary, service provider, or other person with respect to 
     such plan, affected by Hurricane Katrina or Hurricane Rita, 
     or any service provider or other person dealing with such 
     plan, the Secretary of Labor may, notwithstanding any 
     provision of title I of the Employee Retirement Income 
     Security Act of 1974, prescribe, by notice or otherwise, a 
     waiver, suspension, or exemption from any provision of such 
     title which is under the regulatory authority of such 
     Secretary, or from regulations issued under any such 
     provision, that such Secretary determines appropriate to 
     facilitate the distribution or loan of assets from such plan 
     to participants and beneficiaries of such plan. At the time 
     of the issuance of such waiver, suspension, or exemption, 
     such Secretary shall publish in the Federal Register the 
     terms of such waiver, suspension, or exemption.
       (b) Exemption From Liability for Acts or Omissions Covered 
     by Waiver, Suspension, or Exemption.--No person shall be 
     liable for any violation of title I of the Employee 
     Retirement Income Security Act of 1974, or of any regulations 
     issued under such title, based upon any act or omission 
     covered by a waiver, suspension, or exemption issued under 
     subsection (a) if such act or omission is in compliance with 
     the terms of the waiver, suspension, or exemption.
       (c) Plan Terms Subject to Waiver, Suspension, or 
     Exemption.--Notwithstanding any provision of the plan to the 
     contrary and to the extent provided in any waiver, 
     suspension, or exemption issued by the Secretary of Labor 
     pursuant to subsection (a), no plan shall be treated as 
     failing to be operated in accordance with its terms solely as 
     a result of acts or omissions which are in compliance with 
     the terms of such waiver, suspension, or exemption.
       (d) Expiration of Authority.--This section shall apply only 
     with respect to waivers, suspensions, or exemptions issued by 
     the Secretary of Labor during the 1-year period following the 
     date of the enactment of this Act.
       (e) Definitions.--Terms used in this section shall have the 
     meanings provided such terms in section 3 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002).

     SEC. 303. AUTHORITY IN THE EVENT OF PRESIDENTIALLY DECLARED 
                   DISASTER OR TERRORISTIC OR MILITARY ACTIONS.

       Section 518 of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1148) is amended by inserting ``, under 
     any regulation issued thereunder, or under any plan 
     provision'' after ``under this Act''.

               Subtitle B--Occupational Safety and Health

     SEC. 311. AUTHORIZATION FOR VOLUNTEERS.

       (a) Authority to Recruit, Train, and Utilize.--
     Notwithstanding any other provision of law, the Secretary of 
     Labor (hereafter ``the Secretary'') may recruit, train, 
     accept, and utilize, without regard to the civil service 
     classification laws, rules, or regulations, the services of 
     volunteer individuals to aid in or facilitate the activities 
     administered by the Secretary through the Occupational Safety 
     and Health Administration for projects related to worker 
     safety and health in response to the effects of Hurricane 
     Katrina and Hurricane Rita.
       (b) Provision of Services and Costs.--The Secretary may 
     provide for services and costs incidental to the utilization 
     of volunteers under subsection (a), including transportation, 
     supplies, equipment (including personal protective 
     equipment), uniforms, lodging, subsistence (without regard to 
     place of residence), recruiting, training, supervision, and 
     awards and recognition (including nominal cash awards).
       (c) Federal Employment Status of Volunteers.--
       (1) In general.--Except as provided in paragraph (2), a 
     volunteer under this section shall not be considered a 
     Federal employee and shall not be subject to the provisions 
     of law relating to Federal employment, including those 
     provisions relating to hours of work, rates of compensation, 
     leave, unemployment compensation, and Federal employee 
     benefits.
       (2) Exception.--A volunteer under this section shall be 
     considered a Federal employee for the purposes of--
       (A) required Federal agency safety and health programs 
     under section 19 of the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 668), Executive Order 12196 (45 Fed. Reg. 
     12769) and part 1960 of title 29, Code of Federal 
     Regulations; and
       (B) the standards of ethical conduct provisions of part 
     2635 of title 5, Code of Federal Regulations.
       (d) Limitation.--No volunteer authorized under this section 
     may aid in or facilitate any inspection or investigation 
     relating to, or the enforcement of, the Occupational Safety 
     and Health Act of 1970 (29 U.S.C. 651 et seq.).

     SEC. 312. PURCHASE AND DISTRIBUTION OF EQUIPMENT.

       The Secretary is authorized to purchase and distribute 
     equipment and supplies to public or private entities and 
     individuals for projects administered by the Occupational 
     Safety and Health Administration related to worker safety and 
     health in response to the effects of Hurricane Katrina and 
     Hurricane Rita.

     SEC. 313. STATE ASSISTANCE AND MATCHING FUND RESTRICTIONS.

       (a) Use of Funds.--Notwithstanding any other provision of 
     law, States that administer State plans under section 18 of 
     the Occupational Safety and Health Act of 1970 (29 U.S.C. 
     667), or cooperative agreements under section 21(d) of such 
     Act (29 U.S.C. 670(d)) may use grant funds awarded under 
     section 21 or 23 of such Act (29 U.S.C. 670; 672) to provide 
     assistance to the Occupational Safety and Health 
     Administration for projects related to worker safety and 
     health in response to the effects of Hurricane Katrina and 
     Hurricane Rita.
       (b) Matching Fund Requirement.--Notwithstanding the 
     matching share requirements of section 23 of such Act or any 
     other provision of law, the Secretary may increase the size 
     of a grant to any State providing assistance under subsection 
     (a) by an amount of up to 100 percent of the cost of travel 
     and subsistence, overtime, and other administrative expenses 
     incurred by the State in providing such assistance.

     SEC. 314. EXPIRATION.

       This authorities granted in this title shall terminate on 
     December 31, 2006.

                      TITLE IV--GENERAL PROVISIONS

     SEC. 401. DEFINITIONS.

       For purposes of this Act, except as otherwise specifically 
     provided in this Act, the following terms have the following 
     meanings:
       (1) Affected head start agencies.--The term ``affected Head 
     Start Agencies'' means a Head Start agency receiving a 
     significant number of children from an area in which a Gulf 
     hurricane disaster has been declared.
       (2) Affected state.--The term ``affected State'' means the 
     State of Alabama, Florida, Louisiana, Mississippi, or Texas.
       (3) Affected student.--The term ``affected student'' means 
     an individual who has applied for or received student 
     financial assistance under title IV of the Higher Education 
     Act of 1965, and who--
       (A) was enrolled or accepted for enrollment, as of August 
     29, 2005, at an institution of higher education in an area 
     affected by a Gulf hurricane disaster;
       (B) was a dependent student enrolled or accepted for 
     enrollment at an institution of higher education that is not 
     in an area affected by a Gulf hurricane disaster, but whose 
     parents resided or were employed, as of August 29, 2005, in 
     an area affected by a Gulf hurricane disaster; or
       (C) was enrolled or accepted for enrollment at an 
     institution of higher education, as of August 29, 2005, and 
     whose attendance was interrupted because of a Gulf hurricane 
     disaster.
       (4) Area affected by a gulf hurricane disaster.--The term 
     ``area affected by a Gulf hurricane disaster'' means a county 
     or

[[Page H10238]]

     parish, in an affected State, that has been designated by the 
     Federal Emergency Management Agency for disaster assistance 
     for individuals and households as a result of Hurricane 
     Katrina or Hurricane Rita.
       (5) Charter school.--The term ``charter school'' has the 
     meaning given to that term in section 5210 of the Elementary 
     and Secondary Education Act of 1965.
       (6) Child with a disability.--The term ``child with a 
     disability'' has the meaning given such term in section 
     602(3) of the Individuals with Disabilities Education Act.
       (7) Displaced student.--The term ``displaced student'' 
     means an individual who--
       (A) but for a Gulf hurricane disaster, would be enrolled 
     during a school year in an elementary or secondary school in 
     an affected State;
       (B) is unable, due to such disaster, to access the 
     education and pupil services that the child otherwise would 
     be receiving at such school; and
       (C) due to such disaster, is enrolled at a public 
     elementary or secondary school in a different geographic 
     location in a State.
       (8) Elementary school.--The term ``elementary school'' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       (9) Eligible entity.--The term ``eligible entity'' means--
       (A) a local educational agency (as defined in section 
     602(19) of the Individuals with Disabilities Education Act) 
     if such agency is located in a State or in an area of a State 
     with respect to which the President has declared that a Gulf 
     hurricane disaster exists;
       (B) a State educational agency (as defined in section 
     602(32) of such Act) if such agency is located in a State 
     with respect to which the President has declared that a Gulf 
     hurricane disaster exists; or
       (C) a State interagency coordinating council established 
     under section 641 of such Act if such council is located in a 
     State with respect to which the President has declared that a 
     Gulf hurricane disaster exists.
       (10) Gulf hurricane disaster.--The term ``Gulf hurricane 
     disaster'' means a major disaster that the President declared 
     to exist, in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, and 
     that was caused by Hurricane Katrina or Hurricane Rita.
       (11) Highly qualified.--The term ``highly qualified''--
       (A) in the case of a special education teacher, has the 
     meaning given such term in section 602 of the Individuals 
     with Disabilities Education Act; and
       (B) in the case of any other elementary, middle, or 
     secondary school teacher, has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       (12) Individual adversely affected by a gulf hurricane 
     disaster.--The term ``individual adversely affected by a Gulf 
     hurricane disaster'' means an individual who, on August 29, 
     2005, was living, working, or attending school in an area in 
     which the President has declared to exist a Gulf hurricane 
     disaster.
       (13) Infant or toddler with a disability.--The term 
     ``infant or toddler with a disability'' has the meaning given 
     such term in section 632(5) of the Individuals with 
     Disabilities Education Act.
       (14) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 102 of the Higher Education Act of 1965, 
     except that the term does not include institutions under 
     subsection (a)(1)(C) of that section.
       (15) Local educational agency.--The term ``local 
     educational agency'' has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       (16) Pupil services.--The term ``pupil services'' has the 
     meaning given such term in section 9101 of the Elementary and 
     Secondary Education Act of 1965.
       (17) Secondary school.--The term ``secondary school'' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       (18) State.--The term ``State'' has the meaning given such 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       (19) State educational agency.--The term ``State 
     educational agency'' has the meaning given such term in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       (20) State lead agency.--The term ``State lead agency'' has 
     the meaning given such term as designated under 676(a)(1) of 
     the Community Services Block Grant Act.

     SEC. 402. PROCEDURAL WAIVERS.

       (a) Publication.--
       (1) In general.--Notwithstanding section 437 of the General 
     Education Provisions Act (20 U.S.C. 1232) and section 553 of 
     title 5, United States Code, the Secretary of Education shall 
     make publicly available the waivers or modifications of 
     statutory and regulatory provisions and other actions the 
     Secretary of Education issues pursuant to this title.
       (2) Terms and conditions.--The notice under paragraph (1) 
     shall include the terms and conditions to be applied in lieu 
     of such statutory and regulatory provisions.

     SEC. 403. REPORTING REQUIREMENTS.

       (a) Contents of Report.--Not later than September 30, 2006, 
     each State that exercises any authority provided in this Act 
     shall submit to the Secretary of jurisdiction a report 
     containing such information as the Secretary may require, 
     including information identifying--
       (1) how flexibility provided under this Act is used to 
     provide assistance to individuals adversely affected by a 
     Gulf hurricane disaster, including the number of such 
     individuals assisted;
       (2) how such individuals were assisted;
       (3) if any staff was sent to an area adversely affected by 
     a Gulf hurricane disaster under title II, subtitle A;
       (4) specifying how an affected State exercised its waiver 
     authority under this Act to assist individuals adversely 
     affected by a Gulf hurricane disaster, including waivers 
     received under section 331;
       (5) the amount of funding transferred among programs 
     specified in section 331;
       (6) the amount of funding, if any, transferred to an 
     affected State under subtitle A of title II and how such 
     funds were distributed;
       (7) how additional alternative service providers were 
     chosen by such State to provide immediate assistance under 
     subtitle A of title II; and
       (8) the number and location of teachers considered to be 
     highly qualified for purposes of subsequent employment as a 
     teacher by a local educational agency that hired the teachers 
     due to needs created by the enrollment of displaced students 
     under section 111.
       (b) Report to Congress.--Not later October 30, 2006, the 
     Secretary shall submit to the Committee on Education and the 
     Workforce of the House of Representatives, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     respective Committees on Appropriations the report described 
     in subsection (a), and any comments the Secretary may have 
     with respect to such report.

  The SPEAKER pro tempore (Mr. Aderholt). Pursuant to the rule, the 
gentleman from Louisiana (Mr. Jindal) and the gentleman from Illinois 
(Mr. Davis) each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana (Mr. Jindal).


                             General Leave

  Mr. JINDAL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 3975.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. JINDAL. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 3975, the Hurricane Regulatory Relief Act 
of 2005. This bill will provide much-needed flexibility and regulatory 
relief to help the students, schools, workers, families and communities 
affected by Hurricanes Katrina and Rita.
  While the recovery effort on the gulf coast is well underway, there 
is still a significant amount of work yet to be done. In my home State 
of Louisiana, educational services at all levels have been severely 
impacted by Hurricanes Katrina and Rita. Unfortunately, we are finding 
the bureaucratic inefficiencies and red tape have a tendency to slow 
the efforts of individuals and communities working to rebuild. Entire 
communities have been uprooted by these unprecedented natural 
disasters, and we must work to ensure that bureaucratic red tape does 
not hamper efforts to restore the region.
  Accordingly, I have introduced the Hurricane Regulatory Relief Act of 
2005 to provide commonsense solutions and flexibility that will help 
affected students, schools, workers, families and communities bypass 
the bureaucracy and move forward with the recovery effort.
  In general, this bill eases restrictions and provides flexibility for 
various programs and initiatives administered by the Departments of 
Education, Health and Human Services and, finally, the Department of 
Labor. For an unlimited period of time, H.R. 3975 increases flexibility 
for elementary and secondary schools and teachers; provides assistance 
for higher education students; expands access to child care and early 
childhood education; promotes community-based services; and addresses 
issues related to workers displaced by the hurricanes.
  H.R. 3975 would ease some financial requirements, such as maintenance 
of effort and supplement not supplant funding requirements for K-12 
schools in the impacted gulf coast region. Easing these requirements 
would ensure States and schools can serve students effectively with the 
resources available. The bill also gives these schools more time with 
regard to special education evaluations and reporting requirements. By 
extending, but not

[[Page H10239]]

waiving, these deadlines, States and schools would have the flexibility 
they need to ensure the affected students will have access to the 
services they need.
  To address the specific needs of teachers, the Hurricane Regulatory 
Relief Act would expand opportunities for quality teachers to serve 
displaced students. For 1 year, the bill would allow teachers that meet 
the highly qualified standard in an affected state to be considered 
highly qualified in other States that are serving large numbers of 
displaced students where they may be temporarily teaching.
  The bill would also help special education teachers by expanding the 
paperwork reduction pilot program under the Disabilities Education Act 
to include States affected by the hurricanes.
  To assist higher education students, H.R. 3975 would expand outreach 
efforts to ensure disadvantaged students and families have access to 
information about financial aid that may be available as they pursue 
higher education. The bill requires colleges and universities to adjust 
financial aid award calculations through the expected family 
contribution, taking into account changes in families' financial 
circumstances caused by the hurricanes. H.R. 3975 would also encourage 
institutions of higher education to ease the process for displaced 
students to transfer the academic credits they have earned and to 
continue their studies as the region rebuilds.
  With regard to child care services and early childhood education, the 
Hurricane Regulatory Relief Act would ease Federal requirements for 
State administration of the child care and development block grant to 
give affected families easier access to child care service. 
Additionally, H.R. 3975 would ensure that displaced children have 
access to Head Start by requiring the Department of Health and Human 
Services to provide additional guidance, technical assistance, 
flexibility and resources to affected areas to ensure children impacted 
by the hurricanes will have access to the educational and comprehensive 
services provided through the Head Start program.
  To promote community-based services, H.R. 3975 would provide 
additional flexibility within the community services block grant 
program by allowing a State to send a portion of its discretionary 
funds to a State directly affected by the hurricanes.
  The Hurricane Regulatory Relief Act also includes several modest but 
important provisions to provide greater flexibility to those in need 
and to ensure that bureaucratic red tape does not impede relief and 
recovery efforts.
  So that those who may need to are able to obtain loans or 
distributions from their pension plans, such as 401(k)s, the bill 
provides new authority to supplement the Secretary of Labor's existing 
authority under section 518 of ERISA by authorizing the Secretary to 
waive, suspend or grant an exemption from any provision of ERISA, or 
regulation issued under the Act, if the Secretary determines that doing 
so would facilitate the distribution or loan of individual account plan 
assets to participants and beneficiaries affected by Hurricanes Katrina 
or Rita. This commonsense provision makes clear that compliance with 
the terms of a waiver, suspension or exemption would safeguard a person 
from liability regarding any action or omission covered under them.
  In addition, to speed and facilitate recovery efforts, while 
maintaining important safety protections for workers engaged in 
reconstruction, the Hurricane Regulatory Relief Act includes several 
amendments to the Occupational Safety and Health Act.
  First, the bill expressly provides that the Secretary of Labor may 
utilize the services of volunteers to assist in the recovery effort, a 
practice often impossible under current law.
  Second, the legislation authorizes the Secretary to use OSHA funds to 
purchase and distribute equipment and supplies to public and private 
entities assisting in hurricane-related recovery.
  Finally, the bill waives current law matching requirements for 
certain grants so that States that maintain their own occupational 
safety and health system may contribute supplies and assistance in 
relief efforts.
  The Hurricane Regulatory Relief Act provides flexibility and 
regulatory relief to help students, schools, workers, families and 
communities affected by Hurricanes Katrina and Rita. This bill is 
narrowly tailored and makes commonsense changes to these various 
statutes for a limited amount of time so we can help reduce many 
burdensome bureaucratic processes that are associated with our relief 
efforts.
  As former president of the University of Louisiana system, I truly 
understand the need to be flexible, responsive and to help the neediest 
students and the affected institutions in their time of need. I urge my 
colleagues to support H.R. 3975, the Hurricane Regulatory Relief Act of 
2005.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I 
might consume.
  First of all, Mr. Speaker, let me commend the gentleman from 
Louisiana (Mr. Jindal) for developing this legislation. I might also 
note that we were able to work with the majority on several provisions 
in this bill and were able to make some greatly needed improvements.
  As the gentleman from Louisiana pointed out, this bill offers the 
gulf coast areas much-needed flexibility in the area of No Child Left 
Behind, Head Start programs, child care, higher education, OSHA and 
ERISA. This new flexibility will help them begin the long and arduous 
task of recovery.
  States have asked for this flexibility, and it is only right that we 
provide them with it.
  However, we must note that it has been over 2 months since the 
hurricanes hit the gulf coast area, and for 2 months now, we have 
ignored the fact that the States who have taken in these students and 
families have been serving these families with limited resources, and 
even worse, we have ignored the immediate needs of the education 
systems directly hit by the storms.
  For 2 months now, schools across the Nation have borne the additional 
responsibility of educating over 370,000 students displaced by the 
storms.
  Almost every State has welcomed students from the gulf coast areas. 
No one has been turned away. These schools have opened their doors to 
the 12,000 Louisiana teachers that were displaced.
  Unfortunately, States and school districts have also had to bear the 
additional costs of doing so without any real assistance from the 
Federal Government.
  In the gulf coast areas, school districts are running out of money, 
unable to pay administrators or teachers.
  Over 4,000 teachers have been furloughed from the New Orleans school 
district alone.
  Even worse, for those school districts damaged by the storm, Federal 
assistance has been slow in coming, although Louisiana alone estimated 
their immediate need at $2.8 billion.
  The shame in all of this is that if this leadership really wanted to 
do something for these families, they would have reached across the 
aisle and worked on a bipartisan effort to address the needs of these 
school districts. Instead, over 2 months now since the storms, these 
school systems are still waiting.
  According to Health and Human Services, 18,000 children attended Head 
Start in the counties most directly impacted by Hurricane Katrina. More 
than 700 centers were damaged or closed, and 82 remain closed because 
of significant physical damage or serious mold problems.
  The regulatory waivers in this bill are good, but they ignore the 
most important need, funding that will get Head Start centers back up 
and running and funding to help centers in areas like Houston expand 
their capacity to serve displaced Head Start families.
  Two weeks ago, the President requested Congress to appropriate $90 
million immediately for helping these Head Start centers, and the 
Congress has yet to send an additional dime to Head Start centers in 
the gulf coast.
  Community action agencies across the country administer other 
programs that are essential to low-income Americans, programs like 
Meals on Wheels, energy assistance, child care, after school programs 
and workforce programs.

[[Page H10240]]

  Health and Human Services reports that in the 6 weeks after Hurricane 
Katrina, community action agencies nationwide have served over 196,000 
individuals displaced by Hurricanes Katrina and Rita.
  Though the waiver provisions in this bill may help the operations of 
community action agencies, it continues to ignore the most pressing and 
obvious need, additional resources for these agencies to meet the 
increased needs of the communities and individual families affected by 
the hurricanes.
  Child care and child care assistance is critical to any effort to 
rebuild the gulf coast. Families looking to put their lives back 
together need a safe and healthy place to leave their child as they 
seek employment or go to work.
  In the counties most affected by the hurricanes, reports are that as 
many as 90 percent of child care centers and family-based child care 
have been wiped out.
  Waiving regulations will not help families find affordable child 
care. Additional resources are critically needed and still absent from 
this Congress.
  Over 100,000 students and approximately 30,000 faculty and staff at 
30 colleges have been impacted by Hurricane Katrina alone. As a result, 
hundreds of thousands of gulf coast residents are jobless, homeless and 
displaced. It will take decades to restore the economic strength to the 
gulf coast region.
  While this bill will help impact the students and borrowers, by 
echoing provisions in the Gulf Coast Hurricane Student and School 
Relief Act introduced by the gentleman from California (Mr. George 
Miller) and the gentleman from Michigan (Mr. Kildee) that provide loan 
deferment and by ensuring that the amount that families are expected to 
pay towards college for the current term and the next academic year is 
readjusted, it completely fails to help rebuild the devastated colleges 
and universities.
  Dillard University, Xavier University of Louisiana and Southern 
University at New Orleans, all historically black colleges and 
universities, suffered at least $1 billion in flood and fire 
destruction. Yet this bill provides no assistance to help rebuild the 
schools, recruit or retain students, faculty and staff.
  We share the majority's concern that rebuilding in the hurricane-
affected areas occur under safe working conditions.
  While we prefer that the Secretary use existing trained OSHA staff 
and grantees, we agree that volunteers may be used in appropriate 
circumstances. The majority has agreed that all volunteers will be 
appropriately trained and will not carry out existing OSHA enforcement 
activities.
  We also understand that hurricane-affected families may need to tap 
into their 401(k) retirement nest eggs in this time of financial need 
and crisis. Congress has already passed legislation that the President 
has signed into law that enables pension plan participants to access 
their 401(k) moneys.
  This provision permits the Secretary to waive department requirements 
that may conflict with these 401(k) distributions. Again, we hope the 
Secretary will exercise this authority judiciously and in a way that 
assists participants without taking away any of their rights under 
current law.
  Mr. Speaker, the provision in this package will offer gulf coast 
States much-needed flexibility in each of these areas. It is an 
important first step. However, it is unfortunate that the majority has 
yet to move forward with a supplemental package to address the critical 
needs of families and students who have relocated.
  In fact, it appears that the leadership is more focused on providing 
tax breaks to the rich, cutting critical safety net programs, cutting 
student loan programs and cutting Medicaid than they are on providing 
assistance to the victims of Katrina.
  Instead of getting funds directly to these schools and families that 
are in dire need, this House leadership wants to slash vital services 
for working families.

                              {time}  1100

  Nearly $9 billion of $11.9 billion in Medicaid cuts fall directly on 
enrollees. The nonpartisan Congressional Budget Office has estimated 
that most of the Medicaid cuts are achieved by requiring Medicaid 
enrollees to pay substantially more for the health care they need, 
including requiring the poorest children for the first time to pay 
copayments for prescription drugs and emergency room care.
  Congressman Miller and Congresswoman Woolsey have introduced a K-12 
relief package. Congressman Kildee has introduced several higher 
education packages. As we move forward with this package of waivers, I 
hope that we will continue to find other ways to deliver much needed 
help to the students, schools, and families of the gulf coast region.
  Mr. Speaker, let me just once again commend the gentleman from 
Louisiana (Mr. Jindal) for not only this package of legislation but 
also the many efforts that he has put forth since Katrina to try to 
provide relief to the gulf coast area and especially relief to those 
individuals who are uprooted, dislocated, and are searching for their 
way. I commend the gentleman once again and urge that we pass this 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JINDAL. Mr. Speaker, I just want to thank my colleagues across 
the aisle, as well, for working with us on what I think is a small, but 
important, step towards regulatory relief in my home State and the 
other impacted States along the gulf coast. Obviously, we have much 
more work that remains to be done.
  With that, Mr. Speaker, I certainly urge passage of H.R. 3975.
  Mr. BOUSTANY. Mr. Speaker, the unprecedented devastation caused by 
Hurricanes Rita and Katrina in Louisiana, Texas, Mississippi, and 
Alabama will require an equally innovative recovery effort. The 
Hurricane Regulatory Relief Act will facilitate this effort by cutting 
through bureaucratic red tape to ensure that assistance for the gulf 
coast region arrives quickly and efficiently.
  For one year the bill:
  Allows States and schools to use available funds where they are most 
needed and most effective by waiving many funding requirements.
  Extends deadlines for special education evaluations and reporting.
  Allows teachers that met the ``highly qualified'' standard in an 
affected State to be considered ``highly qualified'' in other States 
that are serving large numbers of displaced students.
  In addition, the bill expands the Individuals with Disabilities 
Education Act, IDEA, Paperwork Reduction Pilot Program to States 
affected by the hurricanes.
  This legislation also requires colleges to recalculate financial aid 
awards to take into account changes in families' financial 
circumstances caused by the hurricanes.
  H.R. 3975 eases Federal requirements for State administration of the 
Child Care and Development Block Grant, CCDBG, and the Community 
Services Block Grant, CSBG.
  In addition, H.R. 3975 provides financial flexibility to allow 
displaced workers seeking emergency loans and hardship distributions 
from their personal retirement plans, such as 401(k)s, to access them 
more quickly and easily.
  Finally, the bill authorizes the purchase and distribution of 
equipment for projects administered by the Occupational Safety and 
Health Administration, OSHA, in response to Hurricanes Katrina and 
Rita, and it waives the matching grant requirements for State OSHA 
programs in order for those States to offer assistance to hurricane-
impacted areas.
  These measures will ensure the gulf region has the necessary 
flexibility to rebuild what has always been a vital and distinctive 
economy, and I urge passage of the Hurricane Regulatory Relief Act.
  Mr. OWENS. Mr. Speaker, I cannot in good conscience support the 
Occupational Safety and Health provisions in H.R. 3975, the Hurricane 
Regulatory Relief Act of 2005. More than 2 months after Hurricane 
Katrina hit the gulf region, thousands of recovery and reconstruction 
workers remain in serious harm's way there because the Occupational 
Safety and Health Administration, OSHA, is not enforcing established 
Federal safety and health standards. The bill before us does not 
address the serious health and safety problems of these workers. The 
bill also does not address the ``right of return'' concerns of the 
Congressional Black Caucus. Residents need work under safe conditions. 
Employment of residents should not be undermined by an expanded 
volunteer project.
  To date, OSHA has not conducted a comprehensive assessment of the 
hazards now facing clean-up and recovery workers in Louisiana, 
Mississippi and other areas decimated by Katrina, let alone hit by 
Rita. Likewise, OSHA has failed to specify what types of personal 
protective equipment, PPE, are required

[[Page H10241]]

for different clean-up, recovery and reconstruction tasks being carried 
out by workers in Katrina- and Rita-affected areas. Also, OSHA has 
failed to layout the minimum safety training required for various gulf 
coast clean-up, recovery and reconstruction workers, in accordance with 
nationally agreed upon standards.
  Given OSHA's failure to act in response to Katrina and Rita, the last 
thing needed at this juncture is specific authority to recruit, train, 
use and pay for an unlimited number of volunteers to carry out non-
enforcement projects vaguely characterized as ``related to worker 
safety and health.'' Likewise, OSHA does not need new authority to 
distribute respirators and other safety equipment, having done so with 
countless supplies donated by manufacturers for cleanup at ground zero.
  The parallels are strikingly clear between the failure to protect 
recovery and clean-up workers in the aftermath of the 9/11 terrorist 
attacks that destroyed the World Trade Center and the failure to 
protect workers now in the wake of Hurricanes Katrina and Rita. Rather 
than enforcing workplace safety and health laws, OSHA decided to serve 
as an ``adviser'' to employers in both cases.
  Already, there are reports in the press of a ``Katrina cough'' caused 
by exposure to toxic mold and contaminated dust left by the receding 
flood waters. These waters contained high levels of gasoline, sewage, 
bacteria, lead, mercury, pesticides, and other serious toxins. It only 
took several months after 9/11 before there were similar reports by 
physicians of a ``WorId Trade Center cough'' afflicting first 
responders and recovery workers. These workers were exposed to dust 
contaminated by asbestos, glass fibers, concrete dust, lead, and other 
hazardous substances. And now, growing numbers of 9/11 rescue and 
recovery workers have had to retire on permanent disability because of 
chronic respiratory illness. Others have died, their lungs scarred 
beyond repair, because they were unprotected from Ground Zero toxins. 
They died because in overseeing work at Ground Zero, OSHA decided not 
to enforce health and safety standards.
  Mr. Speaker, how many workers have to die or face permanent 
disability before OSHA starts enforcing workplace safety and health 
laws, be it in the aftermath of terrorist attacks or natural disasters 
like hurricanes? I ask unanimous consent that an October 6 letter sent 
to every Member of Congress from more than 100 labor, religious, 
environmental, public health and public-interest organizations and 
individual experts be printed in the Record in its entirety, 
immediately following this statement.
  Simply put, that letter urges Congress not to repeat in the gulf 
coast the health and safety errors made subsequent to 9/11.
  I commend the New York Committee on Safety and Health, NYCOSH, the 
many national and local unions, and all other coalition members for 
urging immediate steps be taken by OSHA and other federal agencies to 
protect gulf coast recovery workers. I urge my colleagues to accept and 
act without delay on these life-saving recommendations.
  I also urge all of my congressional colleagues to review H.R. 4197, 
sponsored by the Congressional Black Caucus. The overwhelming concern 
of this bill is the establishment of the necessary conditions to 
facilitate a healthy rebirth of the communities of New Orleans and the 
rest of the gulf coast.

                                              National Council for


                               Occupational Safety and Health,

                                    New York, NY, October 6, 2005.
       Dear Senator/Member of the House of Representatives: 
     Thousands of disaster responders, workers, and volunteers in 
     the Gulf Coast areas affected by Hurricane Katrina remain 
     inadequately protected against exposure to environmental 
     health hazards.
       As individuals and organizations in the fields of 
     community, public health and occupational and environmental 
     health and safety, disaster response, recovery and cleanup, 
     we are greatly concerned. Many of us have been directly 
     involved in 9/11 rescue, response, and recovery efforts. In 
     the wake of the terrible tragedy of Hurricane Katrina we urge 
     that the lessons learned in 9/11 response efforts not be 
     ignored in Katrina response operations.
       As we came to recognize in the aftermath of 9/11, there is 
     a difference between rescue and recovery. Now, however, a 
     month after the storm, we are now well into the recovery 
     stage on the Gulf Coast, and therefore EPA and OSHA should 
     immediately commence enforcement of life-saving workplace and 
     environmental laws and regulations.
       Failure to do so puts countless workers and residents at 
     risk of contracting preventable environmental and 
     occupational diseases. This was our experience in the 
     aftermath of 9/11, when thousands of workers and residents 
     were unnecessarily exposed to toxic substances after being 
     assured by EPA that the air was safe to breathe. At the same 
     time, workers were left unprotected by OSHA, which declined 
     to enforce its respiratory protection standard and other 
     regulations. The illnesses of thousands of New York workers 
     and residents today are in part the result of the failure of 
     government agencies to enforce environmental and occupational 
     health regulations after 9/11.
       Therefore, we are unalterably opposed to the legislative 
     proposal of Senator James Inhofe (R-OK) to allow the 
     Environmental Protection Agency to temporarily suspend or 
     relax its rules.
       Although it is not yet possible to characterize with 
     certainty the toxic nature of the flood waters that cover 
     Louisiana and Mississippi, what is known is of great concern. 
     The flood waters have been contaminated by 6.7 million 
     gallons of petroleum as a result of major spills from 
     refineries and with another 1-2 million gallons of gasoline 
     from gas stations and 300,000 flooded cars. There have been 
     hundreds of smaller oil spills (396 as of Wednesday 9/14). 
     The flood waters contain elevated levels of sewage, bacteria, 
     lead, mercury, hexavalent chromium, arsenic, and pesticides. 
     Some contaminants, such as benzene, are presumed to be 
     present in such large quantities that the EPA has not 
     considered it necessary to conduct sampling. The flood waters 
     impacted 31 hazardous waste sites and 446 industrial 
     facilities that reported handling highly dangerous chemicals 
     before the storm. Thousands of damaged buildings are likely 
     to be contaminated with mold and asbestos. Additionally, to 
     our knowledge, no tests have been conducted for dioxin, which 
     is known to be present at levels of concern in southwest 
     Louisiana.
       As the flood waters recede, contaminants that remain have 
     the potential to become airborne when disturbed by natural 
     causes (wind and other storms) or by cleanup activities, 
     creating an even greater occupational and public health 
     hazard.
       The Centers for Disease Control and Prevention and the 
     Environmental Protection Agency Joint Taskforce published on 
     September 17, 2005 an initial Environmental Health Needs and 
     Habitability Assessment. The report provides an outline of 
     the threats to the health of the public and of the workers 
     who will be involved in cleaning up the areas impacted by 
     Katrina. These threats are serious and are unprecedented in 
     scope.
       The joint report provides a valuable overview. However, it 
     offers no details concerning what needs to be done to protect 
     workers and residents. That is why we believe that Congress 
     should act on the following recommendations. We must not 
     repeat the errors of 9/11 today in New Orleans. Response and 
     recovery operations must proceed expeditiously, but the 
     health and safety of those engaged in such efforts must be 
     protected.
       We urge immediate action on the following steps:
       1. Presume Contamination Until Proven Otherwise: Given the 
     wide range and toxic nature of contaminants to which workers, 
     volunteers, and residents may be exposed, it is imperative 
     that work areas be presumed to be contaminated and that 
     appropriate precautionary measures be implemented until the 
     work environment is demonstrated to be safe.
       2. Implement the National Response Plan's Worker and 
     Community Environmental Testing and Monitoring Provisions: 
     The worker and community environmental testing and monitoring 
     provisions of the National Response Plan must be followed 
     closely. It provides for hazard identification, environmental 
     sampling, personal exposure monitoring, collecting and 
     managing exposure data, development of site-specific safety 
     plans, immunization and prophylaxis, and medical 
     surveillance, medical monitoring and psychological support.
       3. Enforce all OSHA and EPA Regulations: Environmental and 
     occupational health standards must be strictly enforced. We 
     are distressed that OSHA has defined its role in Katrina 
     response, as in 9/11, as advisory rather than enforcement.
       4. Assess the Hazards: EPA should conduct comprehensive 
     environmental sampling to characterize the nature and extent 
     of environmental hazards and NIOSH and OSHA must conduct a 
     comprehensive assessment of the hazards posed to recovery 
     workers. Hazard assessment should include evaluation of 
     environmental hazards presented by chemical plants and 
     refineries, hazardous waste sites, in-place building 
     materials, biological agents, and other potential sources 
     affected by the storm. Environmental monitoring should be 
     ongoing. Sampling results should be accessible to the public 
     in a timely manner. Toxic materials should be catalogued, 
     evaluated and tested, and any known or potential releases 
     contained. Failure to act will threaten returning residents 
     and workers and will increase long-term cleanup costs as 
     toxic substances spread to larger areas.
       5. Train and Protect Clean Up Workers: All cleanup workers 
     (public and private sector, paid and unpaid) should receive 
     the appropriate OSHA-required training and equipment for 
     protection against the hazards to which they may be exposed. 
     OSHA should specify the minimum training that must be 
     provided to workers engaged in clean-up and recovery. 
     Training may include that which is required under OSHA's 
     Hazard Communication, Respiratory Protection, Personal 
     Protective Equipment, and Hazardous Waste Operations and 
     Emergency Response standards. Protective equipment may 
     include respirators and protective clothing and equipment.
       6. Provide Appropriate Decontamination for Workers: To 
     protect worker and public health, emphasis must be placed on 
     regular decontamination of workers and volunteers

[[Page H10242]]

     and of their protective gear, tools, equipment, and vehicles. 
     Workers and volunteers must be trained in the importance of 
     meticulous personal hygiene in the presence of toxics and 
     must be provided with appropriate decontamination and 
     sanitary facilities.
       7. Provide Medical Surveillance: Provision must be made for 
     early detection and treatment of occupational, environmental, 
     and psychological illnesses. To ignore the medical needs of 
     potentially exposed workers and residents is asking them to 
     be guinea pigs in a long-term experiment the consequences of 
     which remain unknown. All public and private sector rescue, 
     response, and cleanup workers, including volunteers, should 
     be entered into a centralized database to facilitate medical 
     surveillance.
       8. Protect Vulnerable Workers: Special consideration must 
     be given to protection of immigrant and temporary workers, 
     who reportedly are being recruited in large numbers. In 9/11 
     response efforts, immigrant and temporary workers were the 
     workers least likely to be provided with proper training and 
     respiratory protection, and were the workers least likely to 
     have medical insurance. As a result, they incurred high rates 
     of illness without having access to medical treatment.
       9. Adopt Uniform Re-occupancy Standards: EPA must work with 
     local governments to ensure that a protective health and 
     safety standard for re-occupancy applies uniformly to all 
     communities and also is sensitive to the needs of vulnerable 
     populations. EPA has indicated that it will permit local 
     authorities to determine re-occupancy criteria, but it is 
     critical to ensure that all re-occupancy occurs according to 
     standards that are adequately protective of public health.
       A cleanup of this magnitude and complexity has never been 
     undertaken. While we support proceeding with the cleanup and 
     recovery with dispatch, protection of the health of clean-up 
     workers and of the public at large must be given the highest 
     priority.
       Endorsing organizations signatures available at 
     www.nycosh.org.

 Mr. GEORGE MILLER of California. Mr. Speaker, the managers of the 
bill jointly submit this statement to explain and clarify the intent of 
certain provisions contained within the legislation.
  With respect to amendments made to the Occupational Safety and 
Health, OSH, Act in section 311 of the legislation, the managers 
recognize the historic and unique nature of this disaster inflicted by 
Hurricanes Katrina and Rita, and is taking the extraordinary step of 
authorizing the Occupational Safety and Health Administration, OSHA, to 
use volunteers in light of the historic scope of that devastation.
  Section 311 of the bill is intended to allow OSHA to utilize 
qualified safety professionals as volunteers to assist in a variety of 
projects targeting health and safety identified by OSHA. It is the 
managers' expectation and intent that these volunteers would be 
qualified by virtue of experience, and would need little additional 
training based on their professional work experience or other 
recognized safety training prior to being deployed in needed areas.
  With respect to section 312's providing authority to the Secretary to 
purchase and distribute equipment and supplies to public or private 
entities engaged in projects related to worker safety, it is the intent 
of the managers that these funds be used to assist in relief and 
recovery efforts, and not be used to pay private entities to comply 
with preexisting requirements or obligations under the OSH Act.
  Finally, with respect to title III, subtitle A, the Pension 
Flexibility for Displaced Workers Act of 2005, it is the managers' 
expectation and intention that the Secretary will exercise the 
authority provided under that section judiciously and upon careful 
consideration of the appropriateness of any waiver, suspension, or 
exemption authorized thereunder.
  Mr. BOEHNER. Mr. Speaker, I rise in support of this bill to offer 
relief to the families, workers, and schools in the gulf coast region 
working to rebuild after the devastation caused by Hurricanes Katrina 
and Rita.
  I'd like to thank the author of this bill, my friend from Louisiana, 
Representative Jindal, for his tireless efforts on behalf of his 
constituents who have been through so much.
  This bill, the Hurricane Regulatory Relief Act, is about cutting 
through the red tape and easing the burdens on those who are working to 
rebuild. It provides commonsense flexibility for teachers and schools; 
it encourages community-based services and eases access to child care; 
and it provides assistance for displaced workers.
  For 1 year, the bill will ease the burdens on teachers and schools to 
ensure they can focus on education instead of focusing on compliance 
with burdensome rules. This includes easing funding requirements so 
States and schools have greater flexibility to use resources to meet 
the needs of their students.
  It will also expand opportunities for qualified teachers to serve 
displaced students, and will expand a pilot project to affected States 
to reduce the paperwork burden on special education teachers. 
Furthermore, the bill encourages States to ease restrictions on charter 
schools so that they may play an active role in the relief effort.
  The Hurricane Regulatory Relief Act includes steps to make it easier 
for college students to transfer from one institution to another so 
they can continue to make progress toward a degree, and it improves the 
outreach process to help disadvantaged students learn about the 
financial aid opportunities that may be available.
  To help displaced families get back on their feet, the bill expands 
access to child care services by easing Federal requirements for the 
Child Care and Development Block Grant and providing guidance, 
technical assistance, flexibility, and resources to ensure displaced 
children have access to the Head Start early childhood program.
  The bill also provides greater flexibility within the Community 
Services Block Grant program, which provides an array of services and 
assistance through Community Action Agencies.
  Our efforts to cut red tape don't stop there. The bill will provide 
financial flexibility for displaced workers, reducing bureaucratic 
burdens to ensure displaced workers seeking emergency funds from their 
personal retirement plans may access them more quickly and easily.
  Finally, the bill also works to enhance safety and reduce bureaucracy 
in relief projects.
  Mr. Speaker, this bill offers commonsense solutions to speed the 
relief effort by cutting through red tape and easing the regulatory 
burden.
  Once again, I'd like to thank the sponsor of this bill, 
Representative Jindal, and Members on both sides of the aisle for 
working to aid those impacted by Hurricanes Katrina and Rita.
  I urge my colleagues to support this effort.
  Mr. BOEHNER. Mr. Speaker, the Managers of the bill jointly submit 
this statement to explain and clarify the intent of certain provisions 
contained within the legislation.
  With respect to amendments made to the Occupational Safety and Health 
(OSH) Act in Section 311 of the legislation, the Managers recognize the 
historic and unique nature of this disaster inflicted by Hurricanes 
Katrina and Rita, and is taking the extraordinary step of authorizing 
the Occupational Safety and Health Administration (OSHA) to use 
volunteers in light of the historic scope of that devastation.
  Section 311 of the bill is intended to allow OSHA to utilize 
qualified safety professionals as volunteers to assist in a variety of 
projects targeting health and safety identified by OSHA. It is the 
Managers' expectation and intent that these volunteers would be 
qualified by virtue of experience, and would need little additional 
training based on their professional work experience or other 
recognized safety training prior to being deployed in needed areas.
  With respect to Section 312's providing authority to the Secretary to 
purchase and distribute equipment and supplies to public or private 
entities engaged in projects related to worker safety, it is the intent 
of the Managers that these funds be use to assist in relief and 
recovery efforts, and not be used to pay private entities to comply 
with preexisting requirements or obligations under the OSH Act.
  Finally, with respect to Title III, Subtitle A, the ``Pension 
Flexibility for Displaced Workers Act of 2005,'' it is the Managers' 
expectation and intention that the Secretary will exercise the 
authority provided under that section judiciously and upon careful 
consideration of the appropriateness of any waiver, suspension, or 
exemption authorized thereunder.
  Mr. JINDAL. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Aderholt). The question is on the motion 
offered by the gentleman from Louisiana (Mr. Jindal) that the House 
suspend the rules and pass the bill, H.R. 3975, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________