To provide emergency health care and other relief for survivors of Hurricane Katrina.

SA 2356. Mrs. LINCOLN (for herself, Mrs. Landrieu, Mr. Baucus, Mr.
Pryor, and Mr. Kennedy) proposed an amendment to the bill S. 1932, to
provide for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as
follows;

At the end of subtitle A of title VI, add the following:

CHAPTER 7--EMERGENCY HEALTH CARE AND OTHER RELIEF FOR SURVIVORS OF
HURRICANE KATRINA

Subchapter A--Emergency Health Care Relief

SEC. 6081. DEFINITIONS.

In this subchapter:
(1) Direct impact parish or county.--
(A) In general.--The term ``direct impact parish or
county'' means a parish in the State of Louisiana, or a
county in the State of Mississippi or Alabama, 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 and which the President has determined, before
September 14, 2005, warrants individual and public assistance
from the Federal Government under such Act.
(B) Exclusion.--Such term does not include a parish in the
State of Louisiana or a county in the State of Mississippi or
Alabama which the President has determined warrants only
public assistance from the Federal Government under such Act
as a result of Hurricane Katrina.
(C) Authority to rely on web site posted designations.--The
Secretary of Health and Human Services shall post on the
Internet Web site for the Centers for Medicare & Medicaid
Services a list of parishes and counties identified as direct
impact parishes or counties in accordance with this
paragraph. Any such parish or county that is posted on such
Web site as a direct impact parish or county shall be treated
for purposes of subparagraph (A) as described in such
subparagraph.
(2) DRM assistance.--The term ``DRM assistance'' means the
short-term, non-cash, temporary, in-kind, emergency disaster
relief health program established under section 6082 to
assist Katrina Survivors in accordance with that section.
(3) DRM coverage period.--
(A) In general.--The term ``DRM coverage period'' means the
period beginning on August 28, 2005, and, subject to
subparagraph (B), ending on the date that is 5 months after
the date of enactment of this Act.
(B) Authority to extend drm coverage period.--
(i) In general.--The Secretary may extend the DRM coverage
period for an additional 5 months. Any reference to the term
``DRM coverage period'' in this subchapter shall include any
extension under this clause.
(ii) Notice to congress and states.--The Secretary shall
notify the Majority and Minority Leaders of the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the Chairs and Ranking
Members of the Committee on Finance of the Senate and the
Committees on Energy and Commerce and Ways and Means of the
House of Representatives, and the States at least 45 days
prior to--

(I) extending the DRM coverage period; or
(II) if the Secretary determines not to extend such period,
the ending date described in subparagraph (A).

(4) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor'' means an
individual who is described in subparagraph (B) or (C).
(B) Residents and evacuees of direct impact parishes and
counties.--An individual who, on any day during the week
preceding August 28, 2005, had a primary residence in a
direct impact parish or county.
(C) Individuals who lost employment.--An individual whose--
(i) worksite, on any day during the week preceding August
28, 2005, was located in a direct impact parish or county;
and
(ii) employment with an employer which conducted an active
trade or business on August 28, 2005, in a direct impact
parish or county and with respect to whom such trade or
business is inoperable on any day after August 28, 2005, and
before January 1, 2006, as a result of damage sustained in
connection with Hurricane Katrina, is terminated.
(D) Treatment of current medicaid beneficiaries.--Nothing
in this subchapter shall be construed as preventing an
individual who is otherwise entitled to medical assistance
under title XIX of the Social Security Act

[[Page S12138]]

from being treated as a Katrina Survivor under this
subchapter.
(E) Treatment of homeless persons.--For purposes of this
subchapter, in the case of an individual who was homeless on
any day during the week described in subparagraph (B), the
individual's ``residence'' shall be deemed to be the place of
residence as otherwise determined for such an individual
under title XIX of the Social Security Act.
(5) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 2110(c)(5) of the Social
Security Act (42 U.S.C. 1397jj(c)(5)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C 1396 et seq.).
(8) State medicaid plan.--The term ``State Medicaid plan''
means a State plan for medical assistance under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), including
any medical assistance provided under a waiver of such plan.

SEC. 6082. DISASTER RELIEF MEDICAID.

(a) Authority To Provide Disaster Relief Medicaid.--
(1) In general.--Notwithstanding any provision of title XIX
of the Social Security Act, a State shall, as a condition of
participation in the Medicaid program established under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
provide medical assistance to DRM-eligible Katrina Survivors
(as defined in subsection (b)) under a State Medicaid plan
during the DRM coverage period in accordance with the
following provisions of this section.
(2) Authority to provide drm assistance as separate
component of regular state medicaid plan or under such
plan.--
(A) In general.--A State may provide DRM assistance without
submitting an amendment to the State Medicaid plan and as a
separate component of the State Medicaid plan or, subject to
subparagraph (B), under such plan.
(B) Conditions for provision of drm assistance under
regular state medicaid plan.--A State may only provide DRM
assistance under the State Medicaid plan if the State
provides such assistance in accordance with the requirements
of this section and the State is able to separately identify
and report expenditures or other information attributable to
the provision of such assistance.
(b) DRM-Eligible Katrina Survivor Defined.--
(1) In general.--In this section, the term ``DRM-eligible
Katrina Survivor'' means a Katrina Survivor whose family
income does not exceed the higher of--
(A) 100 percent (200 percent, in the case of such a
Survivor who is a pregnant woman or child) of the poverty
line; or
(B) the income eligibility standard which would apply to
the Survivor under the State Medicaid plan.
(2) Special rule for katrina survivors who are recipients
of disability insurance benefits.--In the case of a Katrina
Survivor who is a recipient of disability insurance benefits
under section 202 or 223 of the Social Security Act (42
U.S.C. 402, 423), paragraph (1) shall be applied to such
Survivor by substituting ``300 percent of the supplemental
security income benefit rate established by section
1611(b)(1) of the Social Security Act (42 U.S.C.
1382(b)(1))'' for subparagraph (A) of such paragraph.
(3) No resources, residency, or categorical eligibility
requirements.--Eligibility under paragraph (1) shall be
determined without application of any resources test, State
residency, or categorical eligibility requirements.
(4) Income determination.--
(A) Least restrictive income methodologies; prospective
determination.--The State shall use the least restrictive
methodologies applied under the State Medicaid plan under
section 1902(r)(2) of the Social Security Act (42 U.S.C.
1396a(r)(2)) in determining income eligibility for Katrina
Survivors under paragraph (1) and shall determine family
income for such Survivors only prospectively from the date of
application.
(B) Disregard of ui compensation and disaster relief
assistance.--In determining such income eligibility, the
State shall disregard--
(i) any amount received under a law of the United States or
of a State which is in the nature of unemployment
compensation by a Katrina Survivor during the DRM coverage
period, including unemployment assistance provided under
section 410 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5177); and
(ii) any assistance provided (in cash or in kind) to a
Katrina Survivor from any public or private entity as a
result of Hurricane Katrina.
(5) Definition of child.--For purposes of paragraph (1), a
DRM-eligible Katrina Survivor shall be determined to be a
``child'' if such Survivor meets the definition of ``child''
under the State Medicaid plan.
(6) Certain individuals deemed to be drm-eligible katrina
survivors.--
(A) In general.--Upon submission of an application from an
individual attesting that the individual is an individual
described in any of the categories described in subparagraph
(B), or, if an individual is an individual described in
subparagraph (C), the State shall deem the individual to be a
DRM-eligible Katrina Survivor for purposes of eligibility for
DRM assistance during the DRM coverage period.
(B) Categories described.--For purposes of subparagraph
(A), the categories described in this subparagraph are the
following:
(i) Katrina survivors enrolled in a state medicaid plan as
of the beginning of the drm coverage period.--Any Katrina
Survivor who can provide proof of enrollment in a State
Medicaid plan as of August 28, 2005.
(ii) Katrina survivors who are recipients of unemployment
compensation.--Any Katrina Survivor who, during the DRM
coverage period, is a recipient of an amount paid under a law
of the United States or of a State which is in the nature of
unemployment compensation, including unemployment assistance
provided under section 410 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5177).
(iii) Katrina survivors enrolled in drm assistance in
another state.--Any Katrina Survivor determined by another
State to be a DRM-eligible Katrina Survivor who was enrolled
in DRM assistance in that State and who relocates to the
State during the DRM coverage period.
(C) Katrina survivors provided medical assistance prior to
date of enactment.--
(i) In general.--An individual described in this
subparagraph is any Katrina Survivor who is provided medical
assistance under a State Medicaid plan in accordance with
guidance from the Secretary during the period that begins on
August 28, 2005, and ends on the date of enactment of this
Act.
(ii) Nonapplication to child health assistance.--In the
case of an individual who is a Katrina Survivor who is
provided child health assistance under a State child health
plan in accordance with guidance from the Secretary during
the period described in clause (i), such individual shall not
be deemed to be a DRM-eligible Katrina Survivor for purposes
of receiving DRM assistance under this section. Nothing in
the preceding sentence shall be construed as prohibiting such
an individual from submitting an application for DRM
assistance.
(c) Eligibility Determination; No Continuation of DRM
Assistance.--
(1) Streamlined eligibility process.--The State shall use
the following streamlined procedures in processing
applications and determining eligibility for DRM assistance
for DRM-eligible Katrina Survivors and eligibility for the
payment of private health insurance premiums under section
107(b)(2)(A):
(A) One-page application.--A common 1-page application form
developed by the Secretary of Health and Human Services in
consultation with the National Association of State Medicaid
Directors. Such form shall--
(i) require an applicant to provide an expected address for
the duration of the DRM coverage period and to agree to
update that information if it changes during such period;
(ii) include notice regarding the penalties for making a
fraudulent application under subsection (h);
(iii) require the applicant to assign to the State any
rights of the applicant (or any other person who is a DRM-
eligible Katrina Survivor and on whose behalf the applicant
has the legal authority to execute an assignment of such
rights) under any group health plan or other third-party
coverage for health care;
(iv) require the applicant to--

(I) list any health insurance coverage which the applicant
was enrolled in immediately prior to submitting such
application; and
(II) indicate whether the applicant would rather receive
DRM assistance from a State in accordance with this section
or, if private health insurance is available, assistance in
paying the premiums for such health insurance under section
6088(b)(2)(A); and

(v) be translated by the Secretary into languages other
than English, and in cultural contexts, that are most
appropriate for the applicants expected to submit such forms.
(B) Self-attestation.--Self-attestation by the applicant
that the applicant--
(i) is a DRM-eligible Katrina Survivor; and
(ii) if applicable, requires home and community-based
services provided under such DRM assistance in accordance
with subsection (d)(3).
(C) No documentation.--The State shall not require
documentation evidencing the basis on which the applicant
qualifies to be a DRM-eligible Katrina Survivor or, if
applicable, requires home and community-based services.
(D) Issuance of eligibility card.--
(i) In general.--Subject to clause (iii), the State shall,
immediately upon submission of a complete application
(including the self-attestation required under subparagraph
(B)) by an applicant, issue a DRM assistance eligibility card
to the applicant.
(ii) Validity; notice of termination date.--A DRM
assistance eligibility card shall be valid as long as the DRM
coverage period is in effect and shall be accompanied by
notice of the termination date for the DRM coverage period
and, if applicable, notice that such termination date may be
extended. If the Secretary extends the DRM coverage period,
the State shall notify DRM-eligible Katrina Survivors
enrolled in DRM assistance of the new termination date for
the DRM coverage period.
(iii) Application to states that elect to provide drm
assistance under the regular state medicaid plan.--In the
case of a State that elects under subsection (a)(2) to
provide DRM assistance under the State Medicaid

[[Page S12139]]

plan, the State may issue to an applicant who submits a
complete application an eligibility card that is similar to
the cards issued by the State to enrollees in the State
medicaid plan, but only if the State is able to adapt the
card in a manner which clearly identifies that the applicant
is eligible for DRM assistance and provides notice of the
termination date for the DRM coverage period (and the new
termination date applicable if the Secretary extends such
coverage period).
(E) Application for medical assistance under regular state
medicaid plan.--Concurrent with the issuance of an
eligibility card under subparagraph (D), the State shall
provide the applicant with an application for medical
assistance under the State Medicaid plan.
(F) Presumptive eligibility.--
(i) States that provide for presumptive eligibility under
the regular state medicaid plan.--In the case of a State
that, as of the date of enactment of this Act, provides for a
period of presumptive eligibility under the State Medicaid
plan in accordance with section 1920, 1920A, or 1920B of the
Social Security Act (42 U.S.C. 1396r-1, 1396r-1a, 1396r-1b),
the State shall deem an applicant to be a DRM-eligible
Katrina Survivor eligible for DRM assistance in accordance
with this section, subject to subsection (g), if the
applicant completes an application for such assistance,
presents it to a provider or facility participating in the
State Medicaid plan that is qualified to make presumptive
eligibility determinations under such plan (which at a
minimum shall consist of facilities identified in section
1902(a)(55) of the Social Security Act (42 U.S.C.
1396a(a)(55)), and it appears to the provider or facility
that the applicant is a DRM-eligible Katrina Survivor based
on the information in the application.
(ii) Application to states that do not provide presumptive
eligibility under the regular state medicaid plan.--In the
case of a State which does not provide for a period of
presumptive eligibility under the State medicaid plan, the
State may elect to provide for a period of presumptive
eligibility for DRM assistance by designating qualified
providers (as defined in section 1920(b)(2) of such Act (42
U.S.C. 1396r-1(b)(2)) as providers that are specifically
designated by the State to make presumptive determinations in
accordance with clause (i) with respect to eligibility for
such assistance, but only if--

(I) the State elects to provide for a period of presumptive
eligibility for such assistance for all Katrina Survivors who
may be DRM-eligible Katrina Survivors in accordance with
subsection (b); and
(II) the qualified providers designated by the State to
make determinations of presumptive eligibility for such
assistance, at a minimum, consistent of facilities identified
in section 1902(a)(55) of the Social Security Act (42 U.S.C.
1396a(a)(55)) that are qualified providers under section
1920(b)(2) of such Act.

(G) Continuous eligibility.--Continuous eligibility,
without the need for any redetermination of eligibility, for
the duration of the DRM coverage period.
(2) No continuation of drm assistance.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), no DRM assistance shall be provided after the end of
the DRM coverage period.
(B) Presumptive eligibility for medical assistance under
regular medicaid plan.--
(i) In general.--If a State, as of the date of enactment of
this Act, provides for a period of presumptive eligibility
for medical assistance under the State Medicaid plan in
accordance with section 1920, 1920A, or 1920B of the Social
Security Act (42 U.S.C. 1396r-1, 1396r-1a, 1396r-1b), the
State shall provide a DRM-eligible Katrina Survivor who is
receiving DRM assistance from the State in accordance with
this section and who, as of the end of the DRM coverage
period, is an individual for whom a period of presumptive
eligibility would be provided under the State Medicaid plan,
with presumptive eligibility for medical assistance under the
State Medicaid plan.
(ii) State option to provide presumptive eligibility.--If a
State is a State to which clause (i) does not apply, the
State may elect to provide for a period of presumptive
eligibility for medical assistance under the State Medicaid
plan for a DRM-eligible Katrina Survivor who is receiving DRM
assistance from the State in accordance with this section and
who, as of the end of the DRM coverage period, is an
individual for whom a period of presumptive eligibility would
be provided under the State Medicaid plan in accordance with
section 1920, 1920A, or 1920B of such Act, if the State were
to provide such a period of presumptive eligibility under the
State Medicaid plan.
(iii) State option for all states to provide presumptive
eligibility to other populations of drm-eligible katrina
survivors.--In addition to the populations of DRM-eligible
Katrina Survivors described in clauses (i) and (ii), a State
to which clause (i) or (ii) applies, may elect to provide for
a period of presumptive eligibility for medical assistance
under the State Medicaid plan for other DRM-eligible Katrina
Survivors who are receiving DRM assistance from the State in
accordance with this section as of the end of the DRM
coverage period.
(iv) Length of period.--A presumptive eligibility period
provided in accordance with clause (i), (ii), or (iii) shall
be provided until the earlier of--

(I) the date on which a determination with respect to the
Survivor's application for medical assistance under the State
Medicaid plan is made; or
(II) the end of the 60-day period that begins on the first
day after the end of the DRM coverage period.

(C) Pregnant women.--In the case of a DRM-eligible Katrina
Survivor who is receiving DRM assistance from a State in
accordance with this section and whose pregnancy ended during
the 60-day period prior to the end of the DRM coverage
period, or who is pregnant as of the end of such period, such
Survivor shall continue to be eligible for DRM assistance
after the end of the DRM coverage period, including (but not
limited to) for all pregnancy-related and postpartum medical
assistance available under the State Medicaid plan, through
the end of the month in which the 60-day period (beginning on
the last day of her pregnancy) ends.
(d) Scope of Coverage.--
(1) Categorically needy benefits.--The State shall treat a
DRM-eligible Katrina Survivor as an individual eligible for
medical assistance under the State plan under title XIX of
the Social Security Act on the basis of section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)), with coverage for such assistance
retroactive to items and services furnished on or after
August 28, 2005 (or in the case of applications for DRM
assistance submitted after January 1, 2006, the first day of
the 5th month preceding the date on which such application is
submitted).
(2) Extended mental health and care coordination
benefits.--The State may provide, without regard to any
restrictions on amount, duration, and scope, comparability,
or restrictions otherwise applicable under the State Medicaid
plan (other than restrictions applicable under such plan with
respect to services provided in an institution for mental
diseases), to DRM-eligible Katrina Survivors extended mental
health and care coordination benefits which may include the
following:
(A) Screening, assessment, and diagnostic services
(including specialized assessments for individuals with
cognitive impairments).
(B) Coverage for a full range of mental health medications
at the dosages and frequencies prescribed by health
professionals for depression, post-traumatic stress disorder,
and other mental disorders.
(C) Treatment of alcohol and substance abuse.
(D) Psychotherapy, rehabilitation, and other treatments
administered by psychiatrists, psychologists, or social
workers.
(E) Subject to restrictions applicable under the State
Medicaid plan with respect to services provided in an
institution for mental diseases, in-patient mental health
care.
(F) Family counseling.
(G) In connection with the provision of health and long-
term care services, arranging for, (and when necessary,
enrollment in waiver programs or other specialized programs),
and coordination related to, primary and specialty medical
care, which may include personal care services, durable
medical equipment and supplies, assistive technology, and
transportation.
(3) Home and community-based services.--
(A) In general.--In the case of a State with a waiver to
provide home and community-based services granted under
section 1115 of the Social Security Act or under subsection
(c) or (d) of section 1915 of such Act, the State may provide
such services to DRM-eligible Katrina Survivors who self-
attest in accordance with subsection (c)(1)(B)(ii) that they
require immediate home and community-based services that are
available under such waiver without regard to whether the
Survivors would require the level of care provided in a
hospital, nursing facility, or intermediate care facility for
the mentally retarded. Such DRM-eligible Katrina Survivors
include (but are not limited to) individuals described in
subparagraph (B).
(B) Individuals described.--Individuals described in this
subparagraph are individuals who--
(i) on any day during the week preceding August 28, 2005--

(I) had been receiving home and community-based services
under a waiver described in subparagraph (A) in a direct
impact parish or county;
(II) had been receiving support services from a primary
family caregiver who, as a result of Hurricane Katrina, is no
longer available to provide services; or
(III) had been receiving personal care, home health, or
rehabilitative services under the State Medicaid plan or
under a waiver granted under section 1915 or 1115 of the
Social Security Act; or

(ii) are disabled (as determined under the State Medicaid
plan).
(B) Waiver of restrictions.--The Secretary shall waive with
respect to the provision of home and community-based services
under this paragraph any limitations on--
(i) the number of individuals who shall receive home or
community-based services under a waiver described in
subparagraph (A);
(ii) budget neutrality requirements applicable to such
waiver; and
(iii) targeted populations eligible for services under such
waiver.
The Secretary may waive other restrictions applicable under
such a waiver, that would prevent a State from providing home
and community-based services in accordance with this
paragraph.
(4) Children born to pregnant women.--In the case of a
child born to a DRM-eligible

[[Page S12140]]

Katrina Survivor who is provided DRM assistance during the
DRM coverage period, such child shall be treated as having
been born to a pregnant woman eligible for medical assistance
under the State Medicaid plan and shall be eligible for
medical assistance under such plan in accordance with section
1902(e)(4) of the Social Security Act (42 U.S.C.
1396a(e)(4)). The Federal medical assistance percentage
applicable to the State Medicaid plan shall apply to medical
assistance provided to a child under such plan in accordance
with the preceding sentence.
(e) Termination of Coverage; Assistance With Applying for
Regular Medicaid Coverage.--
(1) Notice of expected termination of drm coverage
period.--A State shall provide DRM-eligible Katrina Survivors
who are receiving DRM assistance from the State in accordance
with this section, as of the beginning of the 4th month (and,
if applicable, 9th month) of the DRM coverage period with--
(A) notice of the expected termination date for DRM
assistance for such period and, if applicable, any extension
of the DRM coverage period and the expected termination date
for the extension of such period;
(B) information regarding eligibility for medical
assistance under the State's eligibility rules otherwise
applicable under the State Medicaid plan; and
(C) an application for such assistance and information
regarding where to obtain assistance with completing such
application in accordance with paragraph (2).
(2) Application assistance.--A State shall provide DRM-
eligible Katrina Survivors who are receiving DRM assistance
from the State in accordance with this section with
assistance in applying for medical assistance under the State
Medicaid plan for periods beginning after the end of the DRM
coverage period, at State Medicaid offices and at locations
easily accessible to such Survivors.
(3) State reports.--A State providing DRM assistance in
accordance with this section shall submit to the Secretary
the following reports:
(A) Termination and transition assistance to regular
medicaid coverage for drm-eligible katrina survivors eligible
for such assistance.--Not later than the last day of the 3rd
month of the DRM coverage period, a report detailing how the
State intends to satisfy the requirements of paragraphs (1)
and (2).
(B) Enrollment.--Not later than 3 months after the end of
the DRM coverage period, a report regarding--
(i) the number of Katrina Survivors who are determined to
be DRM-eligible Katrina Survivors; and
(ii) the number of DRM-eligible Katrina Survivors who are
determined to be eligible for, and enrolled in, the State
Medicaid plan.
(4) Secretarial oversight.--The Secretary of Health and
Human Services shall ensure that a State is complying with
the requirements of paragraphs (1) and (2) and that
applications for medical assistance under the State Medicaid
plan from DRM-eligible Katrina Survivors for periods
beginning after the end of the DRM coverage period are
processed in a timely and appropriate manner.
(5) No private right of action against a state for failure
to provide notice.--No private right of action shall be
brought against a State for failure to provide the notices
required under paragraph (1) or subsection (c)(1) so long as
the State makes a good faith effort to provide such notices.
(f) 100 Percent Federal Matching Payments.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b), the Federal medical
assistance percentage or the Federal matching rate otherwise
applied under section 1903(a) of such Act (42 U.S.C.
1396b(a)) shall be 100 percent for--
(A) providing DRM assistance to DRM-eligible Katrina
Survivors during the DRM coverage period in accordance with
this section;
(B) costs directly attributable to administrative
activities related to the provision of such DRM assistance,
including costs attributable to obtaining recoveries under
subsection (h);
(C) costs directly attributable to providing application
assistance in accordance with subsection (e)(2); and
(D) medical assistance provided in accordance with
subparagraph (B) of subsection (c)(2), and DRM assistance
provided in accordance with subparagraph (C) of that
subsection, after the end of the DRM coverage period.
(2) Inclusion of assistance provided to katrina survivors
prior to date of enactment.--Any assistance provided to a
Katrina Survivor under a State Medicaid plan in accordance
with guidance from the Secretary during the period that
begins on August 28, 2005, and ends on the date of enactment
of this Act, shall be treated as a DRM assistance provided to
a DRM-eligible Katrina Survivor during the DRM coverage
period for purposes of paragraph (1).
(3) 100 percent federal matching payments for costs for
providing child health assistance prior to date of enactment;
restoration of allotments used to provide such assistance.--
With respect to child health assistance for items and
services furnished during the period described in paragraph
(2) to a Katrina Survivor--
(A) notwithstanding section 2105(b) of the Social Security
Act (42 U.S.C. 1397ee(b)), the Federal matching rate for
providing such child health assistance under a State child
health plan and for costs directly attributable to all
administrative activities that relate to the provision of
such child health assistance, shall be 100 percent;
(B) payments to a State for the provision of such
assistance shall not be considered to be payments from an
allotment for the State under section 2104 of such Act (42
U.S.C 1397dd); and
(C) any payments that were made to a State for the
provision of such assistance prior to such date of enactment,
shall be disregarded for purposes of determining the
unexpended amount of any allotment available for expenditure
by the State under that section.
(4) Disregard of payments.--Payments provided to a State in
accordance with this subsection shall be disregarded for
purposes of applying subsections (f) and (g) of section 1108
of the Social Security Act (42 U.S.C. 1308).
(g) Verification of Status as a Katrina Survivor.--
(1) In general.--The State shall make a good faith effort
to verify the status of an individual who is enrolled in the
State Medicaid plan as a DRM-eligible Katrina Survivor under
the provisions of this section. Such effort shall not delay
the determination of the eligibility of the Survivor for DRM
assistance under this section or the provision of such
assistance to the Survivor.
(2) Evidence of verification.--A State may satisfy the
verification requirement under subparagraph (A) with respect
to an individual by showing that the State providing DRM
assistance obtained information from the Federal Emergency
Management Agency, the Social Security Administration, the
Internal Revenue Service, or the State Medicaid Agency for
the State from which individual is from (if the individual
was not a resident of such State on any day during the week
preceding August 28, 2005).
(h) Penalty for Fraudulent Applications.--
(1) Individual liable for costs.--If a State, as the result
of verification activities conducted under subsection (g) or
otherwise, determines after a fair hearing that an individual
has knowingly made a false self-attestation described in
subsection (c)(1)(B), the State may, subject to paragraph
(2), seek recovery from the individual for the full amount of
the cost of DRM assistance provided to the individual under
this section.
(2) Exception.--The Secretary shall exempt a State from
seeking recovery under paragraph (1) if the Secretary
determines that it would not be cost-effective for the State
to do so.
(3) Reimbursement to the federal government.--Any amounts
recovered by a State in accordance with this subsection shall
be returned to the Federal government.
(i) Exemption from Error Rate Penalties.--
(1) In general.--All payments attributable to providing DRM
assistance in accordance with this section, including during
a period of presumptive eligibility for such assistance in
accordance with subsection (c)(1)(F), shall be disregarded
for purposes of section 1903(u) of the Social Security Act
(42 U.S.C. 1396b(u)).
(2) Application of error rate penalties for presumptive
eligibility periods for medical assistance after the end of
the drm coverage period.--The rules for application of such
section under the State Medicaid plan, as in effect on the
date of enactment of this Act, shall apply with respect to
any period of presumptive eligibility for medical assistance
under such plan provided by a State in accordance with
subsection (c)(2)(B).
(j) Provider Payment Rates.--In the case of any DRM
assistance provided in accordance with this section to a DRM-
eligible Katrina Survivor that is covered under the State
Medicaid plan (as applied without regard to this section) the
State shall pay a provider of such assistance the same
payment rate as the State would otherwise pay for the
assistance if the assistance were provided under the State
Medicaid plan (or, if no such payment rate applies under the
State Medicaid plan, the usual and customary prevailing rate
for the item or service for the community in which it is
provided).
(k) Application to Individuals Eligible for Medical
Assistance.--Nothing in this section shall be construed as
affecting any rights accorded to an individual who is a
recipient of medical assistance under a State Medicaid plan
who is determined to be a DRM-eligible Katrina Survivor, but
the provision of DRM assistance to such individual shall be
limited to the provision of such assistance in accordance
with this section.
(l) No Entitlement to Regular Medical Assistance Solely on
the Basis of Receipt of DRM Assistance or in the Absence of a
New Application for Medical Assistance.--Notwithstanding
paragraphs (3) and (8) of section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)), and section 435.930(b) of
title 42, Code of Federal Regulations, subject to
subparagraphs (B) and (C) of subsection (c)(2), and
subsection (d)(4), nothing in this section shall be construed
as providing an individual who is a DRM-eligible Katrina
Survivor who receives DRM assistance in accordance with this
section, with an entitlement to receive medical assistance
under the State Medicaid plan after the end of the DRM
coverage period--
(1) solely on the basis of the individual's receipt of such
DRM assistance; or
(2) in the absence of a new application submitted by such
individual for medical assistance under such plan.

[[Page S12141]]

(m) Limitation With Respect to Application to Medicare
Prescription Drug Benefit.--In the case of an individual who
is a DRM-eligible Katrina Survivor who receives DRM
assistance from a State in accordance with this section, and
who is eligible for part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.) or enrolled in part B
of title XVIII of such Act (42 U.S.C. 1395j et seq.)--
(1) the State payment required under section 1935(c) of
such Act (42 U.S.C. 1395u-5(c)) shall be determined without
regard to the provision of DRM assistance to such individual;
and
(2) such individual shall not be treated as a subsidy
eligible individual for purposes of eligibility for the low-
income subsidies provided under section 1860D-14 of such Act
(42 U.S.C. 1395w-114) with respect to the prescription drug
coverage provided under part D of title XVIII of such Act (42
U.S.C. 1395w-101 et seq.), or enrollment in such coverage,
solely on the basis of the provision of DRM assistance to
such individual.
(n) No DRM Assistance if the Secretary Is Making Payments
on Behalf of the Individual for Private Health Insurance.--A
DRM-eligible Katrina Survivor may not receive DRM assistance
from a State in accordance with this section during any
period in which the Secretary is making a payment for a
health insurance premium on behalf of such Survivor under
section 6088(b)(2)(A) with respect to that period.

SEC. 6083. TARGETED MEDICAID RELIEF FOR MAJOR DISASTER
PARISHES AND COUNTIES IN LOUISIANA,
MISSISSIPPI, AND ALABAMA.

(a) 100 Percent Federal Matching Payments for Medical
Assistance Provided in Major Disaster Parish or County.--
(1) In general.--Notwithstanding section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), for items and
services furnished during the period that begins on August
28, 2005, and ends on August 31, 2006, the Federal medical
assistance percentage for providing medical assistance for
such items and services under a State Medicaid plan to any
individual, including a Katrina Survivor, residing in a major
disaster parish or county (as defined in subsection (c)), and
for costs directly attributable to all administrative
activities that relate to the provision of such medical
assistance, shall be 100 percent.
(2) Application to child health assistance.--
Notwithstanding section 2105(b) of the Social Security Act
(42 U.S.C. 1397ee(b)), for items and services furnished
during the period described in subsection (a), the Federal
matching rate for providing child health assistance for such
items and services under a State child health plan in a major
disaster parish or county, and for costs directly
attributable to all administrative activities that relate to
the provision of such child health assistance, shall be 100
percent.
(b) Moratorium on Redeterminations.--During the DRM
coverage period, the States of Louisiana, Mississippi, and
Alabama shall not be required to conduct eligibility
redeterminations under the State's Medicaid plan.
(c) Major Disaster Parish or County Defined.--For purposes
of subsection (a), a major disaster parish or county is a
parish of the State of Louisiana or a county of the State of
Mississippi or Alabama 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 and which the
President has determined, as of September 14, 2005, warrants
individual or public assistance from the Federal Government
under such Act.

SEC. 6084. AUTHORITY TO WAIVE REQUIREMENTS DURING NATIONAL
EMERGENCIES WITH RESPECT TO EVACUEES FROM AN
EMERGENCY AREA.

(a) In General.--Section 1135(g)(1) of the Social Security
Act (42 U.S.C. 1320b-5(g)(1)) is amended by adding at the end
the following:

``Any geographical area in which the Secretary determines
there are a significant number of evacuees from an area that
is considered to be an emergency area under the preceding
sentence shall be considered to be an `emergency area' for
purposes of this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if enacted on August 28, 2005.

SEC. 6085. EMERGENCY ASSISTANCE FOR STATES WITH SIGNIFICANT
NUMBERS OF EVACUEES WITH RESPECT TO THE FEDERAL
MEDICAL ASSISTANCE PERCENTAGE FOR FISCAL YEAR
2006.

(a) In General.--If the Federal medical assistance
percentage (as defined in section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b))) determined for a State
described in subsection (b) for fiscal year 2006 is less than
the Federal medical assistance percentage determined for such
State for fiscal year 2005, the Federal medical assistance
percentage for the State for fiscal year 2005 shall apply to
the State for fiscal year 2006 for purposes of titles XIX and
XXI of the Social Security Act (42 U.S.C. 1396 et seq.,
1397aa et seq.).
(b) State Described.--For purposes of subsection (a), a
State described in this subsection is a State that, as of
September 30, 2005, is hosting at least 10,000 Katrina
Survivors described in section 6081(4)(A), as determined on
the basis of Federal Emergency Management Authority data.

SEC. 6086. EMERGENCY ASSISTANCE TO MEDICARE BENEFICIARIES.

(a) Exclusion of DRM Coverage Period in Computing Medicare
Part B Late Enrollment Period.--In applying the first
sentence of section 1839(b) of the Social Security Act (42
U.S.C. 1395r(b)) in the case of an individual who, on any day
during the week preceding August 28, 2005, had a residence in
a direct impact parish or county, there shall not be taken
into account any month any part of which is within the DRM
coverage period.
(b) Written Plan on Transition of Certain Full-Benefit Dual
Eligible Individuals to Prescription Drug Coverage Under
Medicare Part D.--
(1) In general.--Not later than December 1, 2005, the
Secretary of Health and Human Services (in this subsection
referred to as the ``Secretary'') shall submit to Congress a
written plan on how the Secretary will provide for the
transition of coverage of prescription drugs for full-benefit
dual eligible individuals (as defined in section 1935(c)(6)
of the Social Security Act (42 U.S.C. 1396u-5(c)(6)) who, on
any day during the week preceding August 28, 2005, had a
residence in a direct impact parish or county, from the
Medicaid program under title XIX of such Act to the Medicare
program under part D of title XVIII of such Act.
(2) Requirements.--The plan shall address issues relating
to the following:
(A) The application of the rules for automatic assignment
into prescription drug plans under section 1860D-1(b)(1)(C)
of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(C)).
(B) The communication by the Secretary and sponsors of
prescription drug plans to individuals described in paragraph
(1) of--
(i) information regarding such rules; and
(ii) if such an individual is automatically assigned to a
plan, information on the plan.
(C) Beneficiary protections related to the emergency use of
out-of-network and nonformulary benefits, including under
circumstances related to a lack of medical records and access
to prescribing physicians.
(D) Any other area determined appropriate by the Secretary.

SEC. 6087. RELIEF FOR HOSPITALS LOCATED IN A DIRECT IMPACT
PARISH OR COUNTY.

(a) Increase in Medicare Payments to Hospitals for Bad
Debt.--During the DRM coverage period, section
1861(v)(1)(T)(iv) of the Social Security Act (42 U.S.C.
1395x(v)(1)(T)(iv)) shall be applied by substituting ``0
percent'' for ``30 percent'' with respect to--
(1) a hospital located in a direct impact parish or county;
and
(2) any other hospital, but only to the extent that the bad
debt is related to items and services furnished to an
individual who, on any day during the week preceding August
28, 2005, had a residence in a direct impact parish or
county.
(b) Waiver of Certain Medicare Quality Reporting
Requirements for Hospitals.--During the DRM coverage period,
section 1886(b)(3)(B)(vii) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(B)(vii)) shall not apply to a hospital
that is located in a direct impact parish or county.

SEC. 6088. DISASTER RELIEF FUND.

(a) Establishment.--There is established in the Treasury of
the United States the Disaster Relief Fund (in this section
referred to as the ``Fund'') which--
(1) shall be administered by the Secretary; and
(2) shall consist of amounts made available under
subsection (h).
(b) Use of Amounts in Fund.--Amounts in the Fund shall be
used by the Secretary for the following:
(1) Payments to providers.--The Secretary shall make
payments directly to medicaid providers described in
subsection (e) to offset the costs incurred by such providers
as a result of Hurricane Katrina.
(2) Payments for private health insurance coverage.--The
Secretary shall make payments to State insurance
commissioners for the purpose of making payments to health
insurance issuers--
(A) on behalf of individuals that would otherwise qualify
for DRM assistance from the State under section 6082 but for
subsection (n) of such section for such individual's share of
their health insurance premium; and
(B) on behalf of qualified employers for the employer share
of their employee's health insurance premiums, but only with
respect to the days on which the employer meets the
definition under subsection (f).
(c) Rules for Payments to Providers.--
(1) Consultation.--In making payments to medicaid providers
under subsection (b)(1), the Secretary shall consult with the
Louisiana Department of Health and Hospitals, the Mississippi
Department of Health, and the Alabama Department of Public
Health in order to best identify the providers with the
greatest need of such payments.
(2) Priority.--In making payments to medicaid providers
under subsection (b)(1), the Secretary shall give priority to
community-based hospitals, physician practices, and other
providers located in a direct impact parish or county where
the health care infrastructure was destroyed or nearly
destroyed.
(3) Description of need and how funding will be used.--In
order for a medicaid provider to be eligible for a payment
under subsection (b)(1), the provider shall provide the
Secretary with a description of the need for the funding and
how the funding will be used.

[[Page S12142]]

(4) Timing for first payment.--The first payment to
medicaid providers under subsection (b)(1) shall be made by
not later than 10 days after the date of enactment of this
Act.
(d) Rules for Payments on Behalf of Individuals for Private
Health Insurance.--
(1) Streamlined eligibility process.--In making payments on
behalf of individuals under subsection (b)(2)(A), the
Secretary shall use the streamlined eligibility process under
section 6082(c)(1).
(2) No payments if the individual is receiving drm
assistance.--No payments may be made on behalf of an
individual under subsection (b)(2)(A) with respect to any
period in which the individual is receiving DRM assistance
from a State under section 6082.
(e) Medicaid Providers Described.--For purposes of
subsection (b)(1), medicaid providers described in this
subsection are--
(1) any provider under such title, including a supplier of
medical assistance consisting of durable medical equipment
(as defined in section 1861(n) of such Act (42 U.S.C.
1395x(n)), that, during a period after August 28, 2005, as
determined by the Secretary--
(A) experiences a significant increase, as determined by
the Secretary, in their patient caseload; or
(B) experiences a significant drop, as determined by the
Secretary, in their patient caseload, including a provider
that is temporarily closed during such period; and
(2) any other provider under such title, including such a
supplier, determined appropriate by the Secretary.
(f) Qualified Employer Defined.--For purposes of subsection
(b)(2)(B), the term ``qualified employer'' means any
employer--
(1) which conducted an active trade or business on August
28, 2005, in a direct impact parish or county; and
(2) with respect to which the trade or business described
in paragraph (1)--
(A) is inoperable on any day during the DRM coverage period
as a result of damage sustained in connection with Hurricane
Katrina; or
(B) is not paying salary or benefits to employees on any
day during the DRM coverage period as a result of damage
sustained in connection with Hurricane Katrina.
(g) Expediting Implementation.--The Secretary shall
promulgate regulations to carry out this section which may be
effective and final immediately on an interim basis as of the
date of publication of the interim final regulation. If the
Secretary provides for an interim final regulation, the
Secretary shall provide for a period of public comments on
such regulation after the date of publication. The Secretary
may change or revise such regulation after completion of the
period of public comment.
(h) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated to the Fund
$800,000,000 for fiscal year 2005, to remain available until
expended.
(i) Application of Appropriations Funding Provisions.--
Amounts provided in this section for making payments to
medicaid providers under subsection (b)(1) shall be governed
by the terms of division F of the Consolidated Appropriations
Act, 2005 (Public Law 108-447, 118 Stat. 3112) (or succeeding
appropriations measures for a fiscal year) that apply to
funding for Grants to States for Medicaid under Title XIX of
the Social Security Act.

SEC. 6089. NONAPPLICATION OF CERTAIN PROVISIONS.

Notwithstanding any other provision of this Act, this Act
shall be applied without regard to subsections (a) and (b) of
section 6032.

Subchapter B--TANF Relief

SEC. 6090. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED
TO ASSIST FAMILIES OF STATES AFFECTED BY
HURRICANE KATRINA.

(a) In General.--Section 3 of the TANF Emergency Response
and Recovery Act of 2005 is amended to read as follows:

``SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED
TO ASSIST FAMILIES OF STATES AFFECTED BY
HURRICANE KATRINA.

``(a) Eligibility for Payments From the Contingency Fund.--
``(1) Period of applicability.--Beginning with August 29,
2005, and ending with September 30, 2006, a State described
in paragraph (2) or (3) shall be considered a needy State for
purposes of section 403(b) of the Social Security Act (42
U.S.C. 603(b)).
``(2) Direct impact states.--A State described in this
paragraph is Louisiana, Mississippi, or Alabama.
``(3) Other states.--
``(A) In general.--A State is described in this paragraph
if the State provides any benefit or service that may be
provided under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) to a
family which--
``(i) has resided in a direct impact State described in
paragraph (2);
``(ii) has travelled (not necessarily directly) to the
State from such direct impact State as a result of Hurricane
Katrina; and
``(iii) if applying for benefits or services on or after
October 28, 2005, the State has determined is not receiving
cash benefits from any program funded under such part of any
other State.
``(B) Application to territories.--
``(i) In general.--Notwithstanding section 403(b)(7) of the
Social Security Act, a territory (as defined in section
1108(c)(1) of such Act (42 U.S.C.1308(c)(1)) shall be
considered to be a State described in this paragraph for
purposes of this section.
``(ii) Disregard of payments.--Section 1108(a) of the
Social Security Act (42 U.S.C. 1308(a)) shall be applied
without regard to any amounts paid to a territory (as so
defined) in accordance with this section.
``(b) Monthly Payments.--Notwithstanding paragraph
(3)(C)(i) of subsection (b) of section 403 of the Social
Security Act (42 U.S.C. 603), and in addition to any other
amounts paid to a State under that subsection, the total
amount paid during a month to a State under this section
shall not exceed the following:
``(1) Direct impact states.--In the case of a State
described in subsection (a)(2), such amount shall not exceed,
\1/4\ of 20 percent of the State family assistance grant.
``(2) Other states.-- In the case of a State described in
subsection (a)(3), such amount shall not exceed the lesser
of--
``(A) the total amount of Hurricane Katrina Emergency TANF
Benefits (as defined in section 6(c)(1)) provided by the
State to families described in subsection (a)(3); or
``(B) \1/4\ of 20 percent of the State family assistance
grant.
``(c) No State Match or Maintenance of Effort Required.--
Sections 403(b)(6) and 409(a)(10) of the Social Security Act
(42 U.S.C. 603(b)(6), 609(a)(10)) shall not apply with
respect to a payment made to a State by reason of this
section.
``(d) Increase in Funding to the Extent Necessary To Ensure
That States Will Be Able To Access the Contingency Fund.--For
the period described in subsection (a)(1), paragraph (2) of
subsection (b) of section 403 of the Social Security Act (42
U.S.C. 603) shall be applied without regard to the limitation
on the total amount specified in such paragraph and funds
appropriated pursuant to such paragraph shall be available
for payments authorized under this section and under such
subsection (b).''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect as if included in the
enactment of the TANF Emergency Response and Recovery Act of
2005.

SEC. 6091. INCREASE IN AMOUNT OF ADDITIONAL TANF FUNDS
AVAILABLE FOR HURRICANE-DAMAGED STATES.

(a) In General.--Section 4 of the TANF Emergency Response
and Recovery Act of 2005 is amended--
(1) in subsection (a)(2), by striking ``20 percent'' and
inserting ``40 percent''; and
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``(at any time during or after the period
described in section 3(a)(1))'' after ``may not be imposed''.
(b) Retroactive Effective Date.--The amendments made by
subsection (a) shall take effect as if included in the
enactment of the TANF Emergency Response and Recovery Act of
2005.

SEC. 6092. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY
TANF BENEFITS AND APPLICATION TO CHILD SUPPORT
REQUIREMENTS.

(a) In General.--Section 6 of the TANF Emergency Response
and Recovery Act of 2005 is amended to read as follows:

``SEC. 6. RULES FOR RECEIPT OF HURRICANE KATRINA EMERGENCY
TANF BENEFITS AND APPLICATION TO CHILD SUPPORT
REQUIREMENTS.

``(a) In General.--During the period described in section
3(a)(1), a State described in paragraph (2) or (3) of section
3(a) or an Indian tribe with a tribal family assistance plan
approved under section 412 of the Social Security Act (42
U.S.C. 612) may provide Hurricane Katrina Emergency TANF
Benefits under the State or tribal program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.).
``(b) Certain Rules Waived.--
``(1) In general.--Hurricane Katrina Emergency TANF
Benefits shall not be considered assistance for purposes of
sections 407, paragraphs (2), (3), or (7) of section 408(a),
411, or section 454(29) of the Social Security Act (42 U.S.C.
607, 608(a), 611, 654(29)).
``(2) Limited waiver of rules under section 454(4)(a)(i).--
``(A) In general.--Subject to subparagraph (B), such
benefits shall not be considered assistance for purposes of
section 454(4)(A)(i) of such Act (42 U.S.C. 654(4)(A)(i)).
``(B) Exception for families already receiving child
support services or who apply for such services.--
Subparagraph (A) shall not apply with respect to such
benefits that are provided to a family who--
``(i) at the time such benefits are provided, are receiving
child support services under a State plan under section 454
of such Act (42 U.S.C. 654); or
``(ii) applies for child support services under such a
State plan on behalf of a child who is receiving such
benefits.
``(c) Hurricane Katrina Emergency TANF Benefits.--
``(1) In general.--In this section, the term `Hurricane
Katrina Emergency TANF Benefits' means any benefit or service
that may be provided under a State or tribal program funded
under part A of title IV of the Social Security Act to
support families which the State or Indian tribe deems to be
needy families based on their statement, circumstance, or
inability to access resources and who--
``(A) are described in section 3(a)(3); or
``(B) subject to paragraph (2), reside in a State described
in section 3(a)(2).
``(2) Limitation.--Any benefit or service provided under a
State or tribal program funded under part A of title IV of
the Social

[[Page S12143]]

Security Act in a State described in section 3(a)(2) to a
family who the State or Indian tribe deems to be a needy
family in accordance with paragraph (1), shall only be
considered to be a Hurricane Katrina Emergency TANF Benefit
if the State or Indian tribe designates that the benefit or
service is to be treated as a Hurricane Katrina Emergency
TANF Benefit.
``(d) Simplified Data Reporting.--
``(1) In general.--Each State or Indian tribe which
provides Hurricane Katrina Emergency TANF Benefits shall
report to the Secretary of Health and Human Services on a
monthly basis the following information:
``(A) The total amount of expenditures attributable to
providing Hurricane Katrina Emergency TANF Benefits.
``(B) The total number of families receiving such benefits.
``(C) To the extent the State determines it is able to do
so, the total amount of such benefits provided that are--
``(i) cash;
``(ii) child care; or
``(iii) other benefits and services.
``(2) Reports to congress.--The Secretary of Health and
Human Services shall submit, on a monthly basis, a
compilation of the reports submitted in accordance with
paragraph (1) to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives.''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect as if included in the
enactment of the TANF Emergency Response and Recovery Act of
2005.

Subchapter C--Miscellaneous Provisions

SEC. 6093. DISCLOSURE BASED ON VALID AUTHORIZATION.

(a) In General.--Section 223(d)(5) of the Social Security
Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the
following:
``(C) Notwithstanding any other provision of law, if the
Commissioner of Social Security provides to a custodian of
records a copy, facsimile, or electronic version of an
authorization obtained from the individual to disclose
records to the Commissioner, then such custodian shall not be
held liable under any applicable Federal or State law for
disclosing any record or other information in response to
such request, on the basis that the authorization relied upon
was a copy, facsimile, or electronic version of the
authorization.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to disclosures of records or other
information made on or after the date of enactment of this
Act.

SEC. 6094. EMERGENCY PROCUREMENT AUTHORITY IN SUPPORT OF
HURRICANE KATRINA RESCUE AND RELIEF EFFORTS.

(a) Small Business Reservation Offset.--Section 15(j) of
the Small Business Act (15 U.S.C. 644(j)) is amended by
adding at the end the following:
``(4) For any contracts involving the use of the special
emergency procurement authority under section 32A(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)),
the dollar ceiling of the small business reservation
established in paragraph (1) shall be adjusted to match the
applicable amount of the simplified acquisition threshold.''.
(b) Retention of Small Business Subcontracting.--Section
8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D))
is amended--
(1) by striking ``(D) No contract'' and inserting the
following:
``(D) Small business participation.--
``(i) In general.--No contract''; and
(2) by adding at the end the following:
``(ii) Emergency procurements.--
``(I) In general.--For any contract which otherwise meets
the requirements of this subsection, and which involves the
use of special emergency procurement authority under section
32A(c) of the Office of Federal Procurement Policy Act (41
U.S.C. 428a(c)), the subcontracting plan required under this
subsection shall be negotiated as soon as is practicable, but
not later than 30 days after the date on which the contract
is awarded.
``(II) Payment.--Not greater than 50 percent of the amounts
due under any contract described in subclause (I) may be
paid, unless a subcontracting plan compliant with this
subsection is negotiated by the contractor.''.
(c) Limitations on Increased Micro-Purchase Threshold.--
Notwithstanding any other provision of law, the authority
granted under section 101 of the Second Emergency
Supplemental Appropriations Act to Meet Immediate Needs
Arising From the Consequences of Hurricane Katrina, 2005
(Public Law 109-62), including the modifications under
subsection (d), shall--
(1) be restricted for use solely within the geographic
areas designated by the President as disaster areas due to
Hurricane Katrina;
(2) not be exercised in a manner inconsistent with any
Federal law providing for local preference in disaster relief
and recovery contracting; and
(3) terminate 120 days after the date of enactment of this
Act.
(d) Modified Threshold.--Notwithstanding section 101(2) of
the Second Emergency Supplemental Appropriations Act to Meet
Immediate Needs Arising From the Consequences of Hurricane
Katrina, 2005 (Public Law 109-62), the amount specified in
subsections (c), (d), and (f) of the section 32 of the Office
of Federal Procurement Policy Act (41 U.S.C. 428) for
purchases necessary for support of Hurricane Katrina rescue
and relief operations shall be $50,000, or such an amount in
excess of $50,000, but not to exceed $250,000, as may be
approved by the head of the executive agency concerned (or
any delegate of the head of such executive agency, who shall
be an officer or employee of such executive agency who is a
warranted contracting officer for making Federal
acquisitions).
(e) OMB Guidance on Use of Government Credit Cards for
Micro-Purchases.--
(1) Guidance required.--Not later than 14 calendar days
after the date of enactment of this Act, the Director of the
Office of Management and Budget shall issue clear and concise
guidance regarding the use of Government credit cards by
Federal agencies to make micro-purchases under subsections
(c), (d), and (f) of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428), as modified by this
section.
(2) Elements.--The guidance under paragraph (1) shall
include--
(A) a list of Government officials with the authority to
approve purchases under subsection (d) in amounts in excess
of $50,000, designated by agency, title, and pay grade;
(B) the number of credit cards, by agency, that may be
utilized for purchases under subsection (d) in amounts in
excess of $50,000;
(C) procedures for the immediate review of any purchase
under subsection (d) in an amount in excess of $50,000 that
was not approved by an official specified in that paragraph
as required by that paragraph;
(D) procedures for the audit of all purchases made on
Government credit cards after the expiration of subsection
(d) under subsection (c); and
(E) procedures to ensure that such purchases are made with
small business concerns and local small business concerns, to
the maximum extent practicable under the circumstances.
(3) Reports on purchases.--Not later than 180 days after
the date of the enactment of this Act, the head of each
executive agency making any purchase under subsection (d) in
an amount in excess of $50,000 shall submit to the
appropriate Congressional committees a report on each such
purchase made by such agency, including--
(A) a description of the property or services so purchased;
(B) a statement of the purpose of such purchase;
(C) a statement of the amount of such purchase;
(D) a statement of the name, title, and pay grade of the
officer or employee of such agency making such purchase; and
(E) whether such purchases were made with small business
concerns.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate Congressional committees''
means--
(A) the Committees on Appropriations, Small Business and
Entrepreneurship, Finance, and Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committees on Appropriations, Small Business, and
Government Reform of the House of Representatives.

SEC. 6095. TRANSFER OF FUNDS.

Notwithstanding any other provision of law, of the amounts
made available to the Department of Homeland Security under
the heading ``Disaster Relief' under the heading ``Emergency
Preparedness and Response'' of Public Law 109-62 (119 Stat.
1991), such sums as are necessary to carry out this chapter
shall--
(1) be made available to the Secretary to carry out this
chapter;
(2) be used by the Secretary to carry out this chapter; and
(3) remain available until expended.
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