[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[House]
[Pages H7613-H7615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           EXTENDING SECRETARY OF EDUCATION WAIVER AUTHORITY

  Mr. JINDAL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6106) to extend the waiver authority for the Secretary of 
Education under title IV, section 105, of Public Law 109-148.
  The Clerk read as follows:

                               H.R. 6106

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

     SECTION 1. EXTENSION OF AUTHORITY.

       Section 105 of title IV of division B of Public Law 109-148 
     (119 Stat. 2797) is amended--
       (1) in subsection (b), by inserting ``and, at the 
     discretion of the Secretary, for fiscal year 2007'' after 
     ``2006''; and
       (2) in subsection (c)(2)--
       (A) by inserting ``or 2007'' after ``fiscal year 2006''; 
     and
       (B) by striking ``fiscal year 2007'' and inserting ``for 
     the respective succeeding fiscal year''.

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


                             General Leave

  Mr. JINDAL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
H.R. 6106.
  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.
  Mr. Speaker, I rise in support of this important legislation. It is 
in response to the devastating Hurricanes Katrina and Rita and the 
impact they had on the schools of Louisiana.
  More than 1,100 public and private schools were forced to close in 
the wake of those hurricanes. Approximately 158,000 students were 
displaced as a direct result of the hurricanes. Restoration efforts are 
under way, but there is still much work that needs to be done.
  As a result of the storms and the flooding, the local tax base in 
several gulf coast communities was decimated. The loss of business and 
government infrastructure, jobs and housing deprived school districts 
of local property taxes that normally fund school operations.
  In Louisiana, Orleans and St. Bernard Parishes were the most severely 
impacted by Hurricane Katrina. Currently, approximately 23,000 students 
are enrolled in the Orleans Parish School System and Recovery School

[[Page H7614]]

District. That is compared to an original enrollment of 62,000 students 
prior to the hurricanes.
  In St. Bernard Parish, only 3,300 students have returned out of a 
total of 8,400 before the hurricane.
  The Hurricane Education Recovery Act, included in the Defense 
Appropriations Act of 2006, granted the U.S. Secretary of Education the 
authority to waive, in many of the programs falling under her 
jurisdiction, select provisions having to do with the State or school 
district's financial commitment.
  Under ordinary times, these provisions require States and local 
districts to contribute sufficient local and State funding to receive 
Federal aid. However, when communities have decimated and local funding 
is unavailable, these provisions can place much-needed Federal aid in 
jeopardy.
  The Secretary's authority to grant this waiver was critical to ease 
the burdens on State and local educational agencies in the gulf coast 
region. Through this language, the Secretary granted waivers for fiscal 
year 2006 that provided Louisiana school districts the flexibility they 
needed to begin the recovery process.
  These waivers have proven critical to the recovery of our schools in 
several parishes and counties in the impacted areas. Unfortunately, the 
waiver authority is set to expire on September 30 of this year, even 
though families continue to return to the area and there are schools in 
need of rebuilding.
  This bill will extend this critical waiver authority for one more 
year through fiscal year 2007. By extending this authority, it will 
provide districts the flexibility they need to continue moving students 
and teachers back into classrooms.
  Under the Hurricane Education Recovery Act, the Orleans Parish 
schools received $132 million in restart funding, and St. Bernard 
Parish has received $21 million. Without this waiver, the schools would 
not have the flexibility they need to use these funds.
  These districts are facing the tremendous challenge of rebuilding a 
school district while continuing to operate at the same time, akin to 
changing a tire on your car while driving it. Without this waiver 
authority, these districts will not receive the resources to replace 
textbooks, library books, computers, instructional materials, and other 
supplies lost during the storm.
  I urge swift passage of this legislation to grant an additional year 
of flexibility and the use of Federal dollars to rebuild schools for 
Louisiana and gulf coast children.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 6106.
  As the gentleman from Louisiana just mentioned, over a year ago our 
Nation experienced one of the worst natural disasters in our history 
when Hurricanes Katrina and Rita devastated southeast Louisiana and 
parts of Mississippi. He mentioned that public and private schools were 
forced to close, and over 150,000 students were displaced as a direct 
result of those hurricanes.
  Last year, the Hurricane Education Recovery Act was enacted. It 
authorized the U.S. Secretary of Education to waive selected portions 
of general education law having to do with State or school district use 
of Federal funds.
  Unfortunately, the waiver is set to expire on September 30, even 
though the families continue to return to the area and their schools 
are in need of rebuilding. The waiver is critical because it allows 
school systems the flexibility to use available Federal funds for the 
most critical needs. Without the waiver, they would have funding for 
just about everything they need except those critical immediate needs 
required to reopen the schools. Without the waiver, they won't be able 
to spend the money for those critical needs. This waiver has worked 
well and just needs to be extended.
  On September 19, just a few days ago, H.R. 6106 to extend the waiver 
authority for the Secretary of Education was introduced by the 
gentleman from Louisiana (Mr. Jindal). This legislation is a 
straightforward extension of the Secretary of Education's waiver 
authority for an additional fiscal year through 2007.
  This bill would not have been possible without the hard work of not 
only the gentleman from Louisiana (Mr. Jindal) but his Louisiana 
colleagues, Mr. Melancon and Mr. Jefferson on this side, and I am sure 
there are others he might want to mention.
  Mr. Speaker, I urge my colleagues to help Louisiana continue their 
recovery effort by supporting the passage of H.R. 6106.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JINDAL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I first want to thank the gentleman from Virginia (Mr. 
Scott) not only for his support of our legislation but for taking the 
time personally to visit my State after it was devastated by these 
storms, to visit personally with our teachers, principals and students 
and see for himself the needs of our State, and for his continuing hard 
work to try to address those needs through our committee. I appreciate 
his commitment to helping my State recover and our students return to 
school.
  Mr. Speaker, Mr. Scott is correct. There are several Members from 
Louisiana, indeed the entire delegation, that supports this 
legislation. I especially want to mention in addition, to Mr. Melancon 
and Mr. Jefferson, Mr. Boustany, who has several schools in his 
district that were also impacted by Hurricane Rita in particular. I 
urge swift passage of this bill.
  Mr. MELANCON. Mr. Speaker, I am here today to urge Congress to pass 
H.R. 6106. This waiver authority has been a key component in the 
success of rebuilding schools in the areas devastated by Hurricanes 
Katrina and Rita and it is critical that we act immediately to extend 
the duration of this authority in order to allow these schools to 
continue their rebuilding efforts.
  A real success story born from this waiver is the St. Bernard Unified 
School Group. Led by the efforts of Superintendent Doris Voitier and 
others committed in St. Bernard, this combined school was able to 
quickly start back up to provide a place for children whose parents 
were committed to coming home and rebuilding.
  St. Bernard Parish was one of the most devastated regions affected by 
Hurricane Katrina. Without local revenue, the schools had to look 
elsewhere to meet the 10 percent match required by FEMA.
  This waiver has allowed the school district to use State funds for 
the 10 percent match and use federal restart funds to pay teacher's 
salaries and benefits. By allowing this flexibility, Superintendent 
Voitier was able to secure teacher's employment and open up the St. 
Bernard Unified School 11 weeks after the storm.
  Today, there is no longer need for the St. Bernard Unified School. 
Chalmett High is back up and running full capacity with 1700 students 
to date; Andrew Jackson Elementary, with 1800 students, has also opened 
its doors, and Tryst Elementary is next in line.
  However, we can't stop here. There are many more schools that are 
still being rebuilt and we need this legislation to ensure that these 
schools continue to reopen.
  This waiver has proven critical to the recovery of schools in the 
Gulf Coast region, and has enabled them to access much needed 
reconstruction funds. Without this extension, these school systems will 
not have the financial resources to operate nor rebuild.
  This waiver authority has already been authorized by Congress in the 
Hurricane Education Recovery Act. Unfortunately it is set to expire 
this Saturday. It is imperative that we reauthorize this waiver. 
Hurricane recovery has reached a critical stage, and it needs our 
continued support in the Gulf Coast.
  Families are continuing every day to return home to these areas and 
there are still schools that are in need of rebuilding and repair. 
Therefore, I urge the members of Congress to support this bi-partisan 
legislation and give these schools the flexibility that Superintendent 
Voitier and others need to continue their dedicated efforts in 
rebuilding and to make sure that students and teachers can return to 
the classroom.
  Brief Summary of what waiver does:
  FEMA requires that each local community put up a 10 percent match in 
order to get 90 percent reimbursed for replacing all items lost in the 
storm.
  Two Problems; (1) 10 percent of the total damage is tens of millions 
of dollars and (2) St. Bernard schools can't raise this money from the 
local community because their sales and property tax base has been 
decimated.
  So, they initially wanted to use federal restart monies to put up the 
10 percent match. However this is prohibited in the Stafford Act 
because you can't use federal restart monies to supplant money from 
FEMA.

[[Page H7615]]

  Then they wanted to use State money to put up the 10 percent match, 
but this was also prohibited. However, in the Hurricane Education 
Recovery Act, the waiver authority needed to waiver this requirement 
was granted to Secretary Spellings.
  She waived this requirement and St. Bernard schools were able to put 
up state money for the 10 percent matching requirement and then use 
federal restart monies to pay teacher's salaries and benefits (i.e. 
what state money would have been used for).
  This waiver allows schools to:
  Waive the requirement (found in the Hurricane Education Recovery Act, 
Section 105 of Public Law 109-148) that federal funds must be used to 
supplement and not supplant non-federal funds and thus allows schools 
to:
  Use state money for the 10 percent match required by FEMA for the 90 
percent reimbursement and
  Use Restart money to pay for things the State money would have been 
used for:
  For example: teacher's salaries, benefits etc.
  Mr. JINDAL. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Conaway). 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. 6106.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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