[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Page 21055]
[From the U.S. Government Publishing Office, www.gpo.gov]




  PROVIDING FOR CONTINUED EDUCATION OF STUDENTS AFFECTED BY HURRICANE 
                                KATRINA

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1764, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1764) to provide for the continued education of 
     students affected by Hurricane Katrina.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1764) was read the third time and passed, as follows:

                                S. 1764

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

     SECTION 1. DEFINITION OF STUDENT AFFECTED BY HURRICANE 
                   KATRINA.

       In this Act, the term ``student affected by Hurricane 
     Katrina'' means a student who resides or resided on August 
     22, 2005 in an area, or is enrolled or was enrolled on August 
     22, 2005 in a school located in an area, for which a major 
     disaster has been declared in accordance with section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) as a result of Hurricane 
     Katrina.

     SEC. 2. EDUCATION EXPENSES.

       (a) In General.--Upon the request of the Secretary of 
     Education, the Secretary of Homeland Security may transfer 
     any funds made available to the Federal Emergency Management 
     Agency ``Disaster Relief Fund'' for Hurricane Katrina to the 
     Department of Education for the education of students 
     affected by Hurricane Katrina. Such funds shall only be used 
     for expenditures for activities of educational agencies 
     authorized under Federal law within the jurisdiction of the 
     Department of Education, and for the following activities in 
     support of students affected by Hurricane Katrina:
       (1) Paying the compensation of personnel, including teacher 
     aides, to provide instructional services.
       (2) Paying the operational costs incurred by educational 
     agencies as a result of educating such students.
       (3) Purchasing instructional materials and equipment, 
     including textbooks, used to educate such students.
       (b) Special Rule.--Notwithstanding any other provision of 
     this section, funds may be used for expenditures described in 
     subsection (a) only if--
       (1) the Secretary of Education makes a determination that 
     such expenditures constitute an immediate need for the relief 
     of students affected by Hurricane Katrina; and
       (2) funds are not made available for such activities from 
     other Federal sources.

     SEC. 3. AVAILABILITY OF FUNDS.

       (a) In General.--Notwithstanding any other provision of 
     law, any funds available to the Secretary of Education, the 
     authority for which would be cancelled or otherwise expire on 
     September 30, 2005, shall be available for obligation by the 
     Secretary until September 30, 2006, but only to meet 
     educational needs of students affected by Hurricane Katrina.
       (b) Emergency Designation.--Any funds available for 
     obligation pursuant to subsection (a) are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress).

     SEC. 4. ADVANCED NOTIFICATION OF CONGRESS.

       (a) Department of Education Appropriations Act, 2005.--
     Section 304 of the Department of Education Appropriations 
     Act, 2005 (Public Law 108-447) is amended by striking ``15 
     days'' and inserting ``3 days''.
       (b) Consolidated Appropriations Act, 2005.--Section 517 of 
     the Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2005 
     (Public Law 108-447) is amended--
       (1) in subsection (a), by striking ``15 days'' and 
     inserting ``3 days''; and
       (2) in subsection (b), by striking ``15 days'' and 
     inserting ``3 days''.

     SEC. 5. SUNSET.

       This Act shall be effective for the period beginning on the 
     date of enactment of this Act and ending on September 30, 
     2006.

  Mr. FRIST. Mr. President, this bill we just passed provides for the 
continued education of students who have been so severely affected by 
Hurricane Katrina.
  I thank my colleague, the Senator from Texas, Mrs. Hutchison, for her 
tremendous leadership on this bill. It is a very important bill and a 
bill that has been a long time coming. We--especially she and her 
cosponsors--have aggressively worked in this regard to pass this bill. 
I am happy to yield to her at this time.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I thank the distinguished majority 
leader for helping us clear this legislation. This is a bill 
cosponsored by Senator Landrieu and Senator Cornyn. Twenty-eight States 
have taken students, who are victims of Hurricane Katrina, into their 
hearts, into their arms, into their shelters, and into their 
educational systems.
  We have been passing legislation that would cut red tape and pay for 
certain items that are not covered by the law. One of the major areas 
for which we have not had a precedent is schoolchildren in great 
numbers going into public schools as a result of having to evacuate 
from an emergency disaster, such as Hurricane Katrina. That has been 
the case.
  We have more than 45,000 evacuee students now in our Texas public 
schools. As everyone knows, there is no school district that can afford 
to absorb that number of students without help. The bill we have just 
passed will allow the money that has already been appropriated to be 
available for the Department of Education to pay for the extra teachers 
who are being hired. It is limited to children who are victims of 
Hurricane Katrina, and it also has a sunset. It is just for this school 
year. So this is not a new law that is going to put the Federal 
Government into public education throughout our country. But it is 
going to offset the costs of hiring teachers and buying school supplies 
for those students who have come to our State and 27 other States with 
nothing.
  Today I am very proud of the Senate for passing this legislation to 
give these 28 States the help they need. The money will flow through 
the Department of Education. The Secretary of Education will have the 
authority to take some of the money that has already been appropriated 
by Congress for this purpose.
  I applaud the Senate for passing this bill, and I look forward to it 
going through the House and being signed by the President.
  I thank Senator Frist so much for the help he has given in allowing 
the Senate to act quickly on this legislation.
  I yield the floor.

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