[Congressional Record (Bound Edition), Volume 151 (2005), Part 18]
[Extensions of Remarks]
[Page 24170]
[From the U.S. Government Publishing Office, www.gpo.gov]




  INTRODUCING THE ``ELIMINATION OF BARRIERS FOR KATRINA VICTIMS ACT''

                                 ______
                                 

                          HON. ROBERT C. SCOTT

                              of virginia

                    in the house of representatives

                       Thursday, October 27, 2005

  Mr. SCOTT of Virginia. Mr. Speaker, I am pleased to join my 
colleagues, Congressman Conyers of MI, Congressman Rangel of NY, 
Congressman Thompson of MS, Congressman Jefferson of LA, Congressman 
Frank of MA, Congresswoman Jackson-Lee of TX, Congressman Paul of TX, 
Congresswoman Johnson of TX, Congresswoman Lee of CA, Congressman 
Hastings of FL and Congressman Al Green of TX in introducing the 
``Elimination of Barriers for Katrina Victims Act''. We are pleased to 
be joined by a coalition of almost 100 national, state and local 
organizations who have expressed their support for the legislation, 
such as the American Academy of Addiction Psychiatry, American College 
of Mental Health Administration, Drug Policy Alliance Network, League 
of United Latin American Citizens (LULAC), NAACP, NAADAC--The 
Association for Addiction Professionals, National Council on Alcoholism 
and Drug Dependence, and the National Urban League, and the list is 
growing as word of the legislation gets out.
  Millions of Americans were displaced from their homes due to 
Hurricane Katrina and Hurricane Rita and hundreds of thousands have not 
been able to return and may never be able to do so. Having lost their 
homes, their communities, their jobs and other support systems, most 
have required emergency food, clothing, shelter, medical, or monetary 
assistance. According to FEMA reports, an estimated 2.1 million 
Americans have already applied for federal aid. Unfortunately, many of 
these individuals and their families are in desperate need, but, due to 
a prior drug conviction, will not be able to receive certain federal 
assistance available to other victims in need. While it is impossible 
to know for sure how many families will be denied public assistance 
because of drug convictions, it is likely in the tens of thousands.
  More than 1.5 million Americans are arrested for drug offenses every 
year. Several federal laws disqualify those with felony convictions to 
receive certain federal benefits. A recent GAO report commissioned by 
myself and Congressman Rush of IL reveals that these disqualifications 
are having a huge impact on receipt of federal benefits for which those 
with prior drug convictions would otherwise receive. For example, an 
estimated 41,000 students were denied college assistance during the 
2003/2004 academic year because of drug conviction.
  While the GAO was only able to collect data from 15 public housing 
agencies, out of more than 3,000, those 15 agencies denied housing to 
almost 1,500 families because of past drug violations in 2003 alone. 
That indicates that there are thousands of families and tens of 
thousands of individuals unable to receive housing benefits because a 
family member has a drug convictions.
  The drug conviction ban on eligibility for federal benefits also 
applies to Temporary Assistance for Needy Families, or the TANF 
program. TANF eligibility applies to families with minor children. One 
study reflected that almost 25 percent of drug offenders released from 
prison in 2001 were eligible for TANF benefits, but were permanently 
barred from receiving it due to their state's application of the 
federal ban for a drug conviction. While some states do not apply the 
federal ban completely, other states, such as Alabama, Mississippi, 
Texas and Virginia, where many of the displaced families are staying, 
have fully applied the ban.
  Hurricanes Katrina and Rita have inflicted suffering on millions of 
people. The suffering will fall even harder on victims denied aid 
because of past drug offenses. Parents who have lost everything and are 
struggling to feed themselves and their family will be denied TANF and 
food stamps; students who have lost their school, tuition, fees, room 
and board, but could continue their education in another school willing 
to accept them, or who were in school elsewhere when their parents lost 
the ability to continue paying for their education, will be denied 
student loans; and entire families that have lost everything in the 
disasters will be denied housing--all due to the federal bans for a 
past drug conviction.
  The ``Elimination of Barriers for Katrina Victims Act'' applies only 
to past drug offenses, some of which were many years ago, and suspends 
the disqualification for only a 3-year period. This temporary 
adjustment period in federal disqualifications would allow families 
affected by Hurricanes Katrina and Rita a chance to put their lives 
back together through the same means as other victims who suddenly lost 
their homes and livelihood through no fault of their own. Therefore, we 
are introducing this bill today and urge our colleagues to quickly 
enact it into law to assist families who are otherwise hopelessly 
destitute because of the disasters and the impact of a drug conviction.

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