[109th Congress Public Law 82]
[From the U.S. Government Printing Office]


[DOCID: f:publ082.109]

[[Page 2049]]

   ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES AFFECTED BY HURRICANE 
                       KATRINA OR RITA ACT OF 2005

[[Page 119 STAT. 2050]]

Public Law 109-82
109th Congress

                                 An Act


 
To assist individuals with disabilities affected by Hurricane Katrina or 
   Rita through vocational rehabilitation services. <<NOTE: Sept. 30, 
                         2005 -  [H.R. 3864]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Assistance for Individuals 
with Disabilities Affected by Hurricane Katrina or Rita Act of 
2005.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assistance for Individuals with 
Disabilities Affected by Hurricane Katrina or Rita Act of 2005''.

SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.

    (a) Definitions.--In this section:
            (1) Affected state.--The term ``affected State'' means a 
        State that contains an area, or that received a significant 
        number of individuals who resided in an area, in which the 
        President has declared that a major disaster exists.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Rehabilitation Services Administration.
            (3) Individual with a disability.--The term ``individual 
        with a disability'' has the meaning given the term in section 
        7(20)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 
        705(20)(A)).
            (4) Individual with a disability affected by hurricane 
        katrina.--The term ``individual with a disability affected by 
        Hurricane Katrina'' means an individual with a disability who 
        resided on August 22, 2005, in an area in which the President 
        has declared that a major disaster related to Hurricane Katrina 
        exists.
            (5) Individual with a disability affected by hurricane 
        rita.--The term ``individual with a disability affected by 
        Hurricane Rita'' means an individual with a disability who 
        resided in an area on the date that was 7 days before the date 
        on which the President declared that a major disaster related to 
        Hurricane Rita exists in such area.
            (6) Major disaster.--The term ``major disaster'' means a 
        major disaster declared by the President in accordance with the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.), related to Hurricane Katrina or Rita.

    (b) Reallotments of Amounts.--
            (1) In general.--In reallotting amounts to States under 
        section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 
        730(b)(2)) for fiscal year 2005, the Commissioner shall give 
        preference to affected States.
            (2) Waivers.--If the Commissioner reallots amounts under 
        section 110(b)(2) of the Rehabilitation Act of 1973 to an 
        affected

[[Page 119 STAT. 2051]]

        State for fiscal year 2005, or returns to the State of Louisiana 
        for fiscal year 2005 the funds that Louisiana had previously 
        relinquished pursuant to section 110(b)(1) of that Act (29 
        U.S.C. 730(b)(1)) due to an inability to meet the non-Federal 
        share requirements requiring Louisiana to contribute $3,942,821 
        for fiscal year 2005, the Commissioner may grant a waiver of 
        non-Federal share requirements for fiscal year 2005 for the 
        affected State or Louisiana, respectively.
            (3) Definition.--In this subsection, the term ``non-Federal 
        share requirements'' means non-Federal share requirements 
        applicable to programs under title I of such Act (29 U.S.C. 720 
        et seq.).

    (c) Use of Amounts Reallotted Under Title I of the Rehabilitation 
Act of 1973.--An affected State that receives amounts reallotted under 
section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 
730(b)(2)) for fiscal year 2005 (as described in subsection (b)) or 
returned under subsection (b) may use the amounts--
            (1) to pay for vocational rehabilitation services described 
        in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) 
        (which may include training, mentoring, or job shadowing 
        opportunities), for individuals with disabilities affected by 
        Hurricane Katrina or individuals with disabilities affected by 
        Hurricane Rita, that contribute to the economic growth and 
        development of communities;
            (2) to enable--
                    (A) individuals with disabilities affected by 
                Hurricane Katrina to participate in reconstruction or 
                other major disaster assistance activities in the areas 
                in which the individuals resided on August 22, 2005; and
                    (B) individuals with disabilities affected by 
                Hurricane Rita to participate in reconstruction or other 
                major disaster assistance activities in the areas in 
                which the individuals resided on the date that was 7 
                days before the date on which the President declared 
                that a major disaster related to Hurricane Rita exists 
                in such areas;
            (3) to pay for vocational rehabilitation services described 
        in section 103 of the Rehabilitation Act of 1973 for individuals 
        with disabilities affected by Hurricane Katrina, or individuals 
        with disabilities affected by Hurricane Rita, who do not meet 
        the affected State's order of selection criteria for the 
        affected State's order of selection under section 101(a)(5) of 
        the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(5)); or

[[Page 119 STAT. 2052]]

            (4) to carry out other activities in accordance with title I 
        of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).

    Approved September 30, 2005.

LEGISLATIVE HISTORY--H.R. 3864:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 28, considered and passed House and Senate.

                                  <all>