[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3975 Referred in Senate (RFS)]
109th CONGRESS
1st Session
H. R. 3975
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2005
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To ease the provision of services to individuals affected by Hurricanes
Katrina and Rita, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hurricane
Regulatory Relief Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EDUCATION
Subtitle A--Elementary and Secondary Educational Programs
Sec. 101. Charter schools.
Subtitle B--Teacher Flexibility
Sec. 111. Treatment of highly qualified teachers.
Subtitle C--Educational Programs for Children With Disabilities
Sec. 121. Agreements to extend certain deadlines of the Individuals
with Disabilities Education Act to
facilitate the provision of educational
services to children with disabilities.
Sec. 122. Paperwork reduction pilot program participation for affected
States.
Subtitle D--Higher Education Relief
Sec. 131. Waivers and modifications.
Sec. 132. Transfer of credit.
Sec. 133. Expanding information dissemination regarding eligibility for
Pell Grants.
Sec. 134. Procedures; termination of authority.
Subtitle E--Regulatory Relief
Sec. 151. Regulatory and financial relief.
TITLE II--HEALTH AND HUMAN SERVICES
Subtitle A--Community Services
Sec. 201. Secretary authority.
Sec. 202. State authority.
Subtitle B--Head Start
Sec. 211. Head start and early head start children affected by a Gulf
hurricane disaster.
Subtitle C--Child Care Services
Sec. 221. Waiver authority to expand the availability of services under
Child Care and Development Block Grant Act
of 1990.
TITLE III--LABOR
Subtitle A--Pension Flexibility for Displaced Workers Act of 2005
Sec. 301. Short title.
Sec. 302. Authority to prescribe guidance by reason of the
Presidentially declared disasters caused by
Hurricane Katrina and Hurricane Rita.
Sec. 303. Authority in the event of Presidentially declared disaster or
terroristic or military actions.
Subtitle B--Occupational Safety and Health
Sec. 311. Authorization for volunteers.
Sec. 312. Purchase and distribution of equipment.
Sec. 313. State assistance and matching fund restrictions.
Sec. 314. Expiration.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Definitions.
Sec. 402. Procedural waivers.
Sec. 403. Reporting requirements.
TITLE I--EDUCATION
Subtitle A--Elementary and Secondary Educational Programs
SEC. 101. CHARTER SCHOOLS.
The Secretary of Education shall encourage States--
(1) to include charter schools in Gulf hurricane disaster
relief efforts;
(2) to provide support to charter schools that are serving
individuals adversely affected by a Gulf hurricane disaster;
and
(3) to facilitate the enrollment of students displaced by a
Gulf hurricane disaster in charter schools, including by--
(A) waiving any requirement relating to whether a
student has resided in the geographic area of the
charter school;
(B) increasing the number of students who may
attend a charter school; and
(C) removing any other relevant restrictions.
Subtitle B--Teacher Flexibility
SEC. 111. TREATMENT OF HIGHLY QUALIFIED TEACHERS.
For purposes of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et. seq.), and the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), an individual who was employed
as a teacher on August 29, 2005, by a local educational agency in a
State, and who was highly qualified for such employment on such date,
may be considered by another State, during the 2005-2006 school year,
to be highly qualified in the same core academic subjects for purposes
of subsequent employment as a teacher by a local educational agency in
such other State, if--
(1) the local educational agency employing the teacher on
August 29, 2005, serves an area affected by a Gulf hurricane
disaster; and
(2) the local educational agency subsequently employing the
teacher hired the teacher due to needs created by the
enrollment of displaced students.
Subtitle C--Educational Programs for Children With Disabilities
SEC. 121. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT TO FACILITATE THE
PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH
DISABILITIES.
(a) Authority.--The Secretary of Education may enter into an
agreement described in subsection (b) with an eligible entity to extend
certain deadlines under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) related to providing special education and
related services, including early intervention services, to individuals
adversely affected by a Gulf hurricane disaster.
(b) Terms of Agreements.--An agreement referred to in subsection
(a) is an agreement with an eligible entity made in accordance with
subsection (e) that may extend the applicable deadlines under one or
more of the following sections:
(1) Section 611(e)(3)(C)(ii) of such Act, by extending up
to an additional 60 days the 90 day deadline for developing a
State plan for the high cost fund.
(2) Section 612(a)(15)(C) of such Act, by extending up to
an additional 60 days the deadline for submission of the annual
report to the Secretary of Education and the public regarding
the progress of the State and of children with disabilities in
the State.
(3) Section 612(a)(16)(D) of such Act, by extending up to
an additional 60 days the deadline for making available reports
regarding the participation in assessments and the performance
on such assessments of children with disabilities.
(4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up
to an additional 30 days the 60 day deadline for the initial
evaluation to determine whether a child is a child with a
disability for purposes of the provision of special education
and related services to such child.
(5) Section 616(b)(1)(A) of such Act, by extending up to an
additional 60 days the deadline for finalization of the State
performance plan.
(6) Section 641(e)(1)(D) of such Act, by extending up to an
additional 60 days the deadline for submission to the Governor
of a State and the Secretary of Education of the report on the
status of early intervention programs for infants and toddlers
with disabilities and their families operated within the State.
(c) Rule of Construction.--Nothing in this Act shall be construed--
(1) as permitting the waiver of--
(A) any applicable Federal civil rights law;
(B) any student or family privacy protections,
including provisions requiring parental consent for
evaluations and services;
(C) any procedural safeguards required under
section 615 or section 639 of the Individuals with
Disabilities Education Act; or
(D) any requirements not specified in subsection
(b)(1) of this section; or
(2) as removing the obligation of the eligible entity to
provide a child with a disability or an infant or toddler with
a disability and their families--
(A) a free appropriate public education under part
B of the Individuals with Disabilities Education Act;
or
(B) early intervention services under part C of
such Act.
(d) Duration of Agreement.--An agreement under this section shall
terminate at the conclusion of the 2005-2006 academic year.
(e) Request to Enter Into Agreement.--To enter into an agreement
under this section, an eligible entity shall submit a request to the
Secretary of Education at such time, in such manner, and containing
such information as the Secretary may require.
SEC. 122. PAPERWORK REDUCTION PILOT PROGRAM PARTICIPATION FOR AFFECTED
STATES.
(a) Authority.--To identify ways to reduce paperwork burdens and
other administrative duties that are directly associated with the
requirements of the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) in order to increase the time and resources
available for instruction and other activities aimed at improving
educational and functional results for children with disabilities, the
Secretary of Education is authorized to permit an affected State to
participate in the paperwork reduction pilot program described in
section 609(a) of such Act.
(b) Participation by Affected States.--Participation in the
paperwork reduction pilot program by an affected State shall be in
addition to the maximum number of States that may so participate in
accordance with section 609(a)(2)(A) of such Act.
(c) Proposal.--
(1) In general.--An affected State desiring to participate
in the paperwork reduction pilot program described in section
609(a) of such Act shall submit a proposal to the Secretary in
accordance with section 609(a)(3) of such Act, subject to
paragraph (2) of this subsection.
(2) Simplification.--The Secretary may simplify the
proposal process for an affected State to participate in the
program if the Secretary determines that such simplification is
appropriate.
(d) Rule of Construction.--The requirements and authorities
described in section 609(a) of such Act that are not modified by this
section with respect to an affected State shall apply to such State.
Subtitle D--Higher Education Relief
SEC. 131. WAIVERS AND MODIFICATIONS.
Notwithstanding any other provision of law unless enacted with
specific reference to this section, the Secretary of Education is
authorized to waive or modify any statutory or regulatory provision
applicable to the student financial assistance programs under title IV
of the Higher Education Act of 1965, or any student or institutional
eligibility provisions in such Act, as the Secretary of Education deems
necessary to ensure that the calculation of expected family
contribution (under section 474 of such Act) used in the determination
of need for student financial assistance under such title for any
affected student (and the determination of such need for his or her
family, if applicable), is modified to reflect any changes in the
financial condition of such affected student and his or her family
resulting from a Gulf hurricane disaster.
SEC. 132. TRANSFER OF CREDIT.
(a) Policy Disclosure.--For periods of enrollment beginning in
calendar year 2006, each institution of higher education shall
establish and publicize policies of the institution regarding the
acceptance or denial of academic credit earned at another institution
of higher education, which shall include a statement that such
decisions will not be based solely on the source of accreditation of a
sending institution, provided that the sending institution is
accredited by an agency or association that is recognized by the
Secretary of Education pursuant to section 496 of the Higher Education
Act of 1965 to be a reliable authority as to the quality of the
education or training offered.
(b) Rule of Construction.--Nothing in this section shall be
construed to--
(1) authorize an officer or employee of the Department of
Education to exercise any direction, supervision, or control
over the curriculum, program of instruction, administration, or
personnel of any institution of higher education, or over any
accrediting agency or association;
(2) limit the application of the General Education
Provisions Act (20 U.S.C. 1221 et seq.); or
(3) create any legally enforceable right.
SEC. 133. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR
PELL GRANTS.
(a) In General.--The Secretary of Education shall--
(1) make special efforts, in conjunction with State
efforts, to notify affected students and, if applicable, their
parents, who qualify for a means-tested Federal benefit
program, of their potential eligibility for a maximum Pell
Grant; and
(2) disseminate informational materials regarding such
eligibility as the Secretary of Education deems appropriate.
(b) Means-Tested Federal Benefit Program.--For the purpose of this
section, the term ``means-tested Federal benefit program''--
(1) means a mandatory spending program of the Federal
Government, other than a program under the Higher Education Act
of 1965, in which eligibility for the program's benefits, or
the amount of such benefits, or both, are determined on the
basis of income or resources of the individual or family
seeking the benefit; and
(2) may include--
(A) the supplemental security income program under
title XVI of the Social Security Act;
(B) the food stamp program under the Food Stamp Act
of 1977;
(C) the free and reduced price school lunch program
established under the Richard B. Russell National
School Lunch Act;
(D) the temporary assistance to needy families
program established under part A of title IV of the
Social Security Act;
(E) the women, infants, and children program
established under section 17 of the Child Nutrition Act
of 1966; and
(F) other programs identified by the Secretary of
Education.
SEC. 134. PROCEDURES; TERMINATION OF AUTHORITY.
(a) Deadlines and Procedures.--Sections 482(c) and 492 of the
Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098(a)) shall not
apply to any waivers, modifications, or actions initiated by the
Secretary of Education under this subtitle.
(b) Case-by-Case Basis.--The Secretary of Education is not required
to exercise any waiver or modification authority under this subtitle on
a case-by-case basis.
(c) Termination of Authority.--The authority of the Secretary of
Education to issue waivers or modifications under this subtitle shall
expire at the conclusion of the 2005-2006 academic year, but the
expiration of such authority shall not affect the continuing validity
of any such waivers or modifications after such academic year.
Subtitle E--Regulatory Relief
SEC. 151. REGULATORY AND FINANCIAL RELIEF.
(a) Waiver Authority.--Subject to subsections (b) and (c), in
providing any grant or other assistance, directly or indirectly, to an
entity in an affected State, the Secretary of Education may, as
applicable, waive or modify in order to ease fiscal burdens any
requirement relating to the following:
(1) Maintenance of effort.
(2) The use of Federal funds to supplement, not supplant,
non-Federal funds.
(3) Any non-Federal share or capital contribution required
to match Federal funds provided under programs administered by
the Secretary of Education.
(b) Duration.--A waiver under this section shall be for the 2006
fiscal year.
(c) Limitations.--
(1) Relation to idea.--This section does not authorize the
waiver or modification of any provision of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Maintenance of effort.--If the Secretary grants a
waiver or modification under this section waiving a requirement
relating to maintenance of effort for a fiscal year, the level
of effort required for the following fiscal year shall not be
reduced because of the waiver.
TITLE II--HEALTH AND HUMAN SERVICES
Subtitle A--Community Services
SEC. 201. SECRETARY AUTHORITY.
The Secretary of Health and Human Services may waive with respect
to any affected State for up to 90 days after the enactment of this Act
the filing deadline under section 676(b) of the Community Services
Block Grant Act.
SEC. 202. STATE AUTHORITY.
(a) Transfer of Funding.--A State that receives a payment or
allotment under section 675A or 675B of the Community Services Block
Grant Act may transfer a portion of the payment or allotment available
for expenditure under section 675C(b) (including sums available for
administrative expenses under paragraph (2) of such section 675C(b)) to
an affected State.
(b) Staff.--A State lead agency designated under section 676(a)(1)
of the Community Services Block Grant Act or an eligible entity (as
defined in section 673 of such Act) may send an employee of the State
lead agency, or of an eligible entity, to an area affected by a Gulf
hurricane disaster to help in providing disaster assistance.
(c) Eligible Entity.--A State lead agency in an affected State may
temporarily fund an eligible entity in a contiguous area, or if such
entity is not available to provide such services, may temporarily fund
alternative service providers (notwithstanding the definition of an
eligible entity as defined in section 673 of the Community Services
Block Grant Act) when the currently funded eligible entity is no longer
able to provide services due to a Gulf hurricane disaster in order to
meet the immediate needs of individuals adversely affected by a Gulf
hurricane disaster (provided that in the meantime the State is
assisting such current eligible entity in becoming operational).
(d) Recapture and Redistribution of Unobligated Funds.--
Notwithstanding any other provision of law, an affected State may apply
the recapture and redistribution of unobligated funds provisions under
section 675C(a)(3) of the Community Services Block Grant Act provided
that the State consults with the eligible entity involved.
Subtitle B--Head Start
SEC. 211. HEAD START AND EARLY HEAD START CHILDREN AFFECTED BY A GULF
HURRICANE DISASTER.
(a) Technical Assistance, Guidance, and Resources.--The Secretary
of Health and Human Services shall provide technical assistance,
guidance, and resources through the Region 4 and Region 6 offices of
the Administration for Children and Families (and may provide technical
assistance, guidance, and resources, through other regional offices of
the Administration, at the request of such offices, that administer
affected Head Start agencies) to Head Start agencies in areas in which
a major disaster has been declared, and to affected Head Start
agencies, to assist the agencies involved in providing Head Start
services and Early Head Start services to children affected by a Gulf
hurricane disaster.
(b) Waiver.--For such period up to June 30, 2006, and to such
extent as the Secretary considers appropriate, the Secretary of Health
and Human Services--
(1) may waive section 640(b) of the Head Start Act for Head
Start agencies located in an area affected by a Gulf Hurricane
disaster and other affected Head Start agencies; and
(2) shall waive requirements of documentation for an
individual adversely affected by a Gulf hurricane disaster who
participates in a Head Start program or an Early Head Start
program funded under the Head Start Act.
Subtitle C--Child Care Services
SEC. 221. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF SERVICES UNDER
CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990.
For such period up to June 30, 2006, and to such extent as the
Secretary considers to be appropriate, the Secretary of Health and
Human Service may waive or modify, for any affected State, and any
State serving significant numbers of individuals adversely affected by
a Gulf hurricane disaster, provisions of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)--
(1) relating to Federal income limitations on eligibility
to receive child care services for which assistance is provided
under such Act,
(2) relating to work requirements applicable to eligibility
to receive child care services for which assistance is provided
under such Act,
(3) relating to limitations on the use of funds under
section 658G of the Child Care and Development Block Grant Act
of 1990,
(4) preventing children designated as evacuees from
receiving priority for child care services provided under such
Act, except that children residing in a State and currently
receiving services should not lose such services in order to
accommodate evacuee children, and
(5) relating to any non-Federal or capital contribution
required to match Federal funds provided under programs
administered by the Secretary of Health and Human Services,
for purposes of easing State fiscal burdens and providing child care
services to children orphaned, or of families displaced, as a result of
a Gulf hurricane disaster.
TITLE III--LABOR
Subtitle A--Pension Flexibility for Displaced Workers Act of 2005
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Pension Flexibility for
Displaced Workers Act of 2005''.
SEC. 302. AUTHORITY TO PRESCRIBE GUIDANCE BY REASON OF THE
PRESIDENTIALLY DECLARED DISASTERS CAUSED BY HURRICANE
KATRINA AND HURRICANE RITA.
(a) Waivers, Suspensions, or Exemptions.--In the case of any
pension plan which is an individual account plan, or any participant or
beneficiary, plan sponsor, administrator, fiduciary, service provider,
or other person with respect to such plan, affected by Hurricane
Katrina or Hurricane Rita, or any service provider or other person
dealing with such plan, the Secretary of Labor may, notwithstanding any
provision of title I of the Employee Retirement Income Security Act of
1974, prescribe, by notice or otherwise, a waiver, suspension, or
exemption from any provision of such title which is under the
regulatory authority of such Secretary, or from regulations issued
under any such provision, that such Secretary determines appropriate to
facilitate the distribution or loan of assets from such plan to
participants and beneficiaries of such plan. At the time of the
issuance of such waiver, suspension, or exemption, such Secretary shall
publish in the Federal Register the terms of such waiver, suspension,
or exemption.
(b) Exemption From Liability for Acts or Omissions Covered by
Waiver, Suspension, or Exemption.--No person shall be liable for any
violation of title I of the Employee Retirement Income Security Act of
1974, or of any regulations issued under such title, based upon any act
or omission covered by a waiver, suspension, or exemption issued under
subsection (a) if such act or omission is in compliance with the terms
of the waiver, suspension, or exemption.
(c) Plan Terms Subject to Waiver, Suspension, or Exemption.--
Notwithstanding any provision of the plan to the contrary and to the
extent provided in any waiver, suspension, or exemption issued by the
Secretary of Labor pursuant to subsection (a), no plan shall be treated
as failing to be operated in accordance with its terms solely as a
result of acts or omissions which are in compliance with the terms of
such waiver, suspension, or exemption.
(d) Expiration of Authority.--This section shall apply only with
respect to waivers, suspensions, or exemptions issued by the Secretary
of Labor during the 1-year period following the date of the enactment
of this Act.
(e) Definitions.--Terms used in this section shall have the
meanings provided such terms in section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002).
SEC. 303. AUTHORITY IN THE EVENT OF PRESIDENTIALLY DECLARED DISASTER OR
TERRORISTIC OR MILITARY ACTIONS.
Section 518 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1148) is amended by inserting ``, under any regulation
issued thereunder, or under any plan provision'' after ``under this
Act''.
Subtitle B--Occupational Safety and Health
SEC. 311. AUTHORIZATION FOR VOLUNTEERS.
(a) Authority to Recruit, Train, and Utilize.--Notwithstanding any
other provision of law, the Secretary of Labor (hereafter ``the
Secretary'') may recruit, train, accept, and utilize, without regard to
the civil service classification laws, rules, or regulations, the
services of volunteer individuals to aid in or facilitate the
activities administered by the Secretary through the Occupational
Safety and Health Administration for projects related to worker safety
and health in response to the effects of Hurricane Katrina and
Hurricane Rita.
(b) Provision of Services and Costs.--The Secretary may provide for
services and costs incidental to the utilization of volunteers under
subsection (a), including transportation, supplies, equipment
(including personal protective equipment), uniforms, lodging,
subsistence (without regard to place of residence), recruiting,
training, supervision, and awards and recognition (including nominal
cash awards).
(c) Federal Employment Status of Volunteers.--
(1) In general.--Except as provided in paragraph (2), a
volunteer under this section shall not be considered a Federal
employee and shall not be subject to the provisions of law
relating to Federal employment, including those provisions
relating to hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee benefits.
(2) Exception.--A volunteer under this section shall be
considered a Federal employee for the purposes of--
(A) required Federal agency safety and health
programs under section 19 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 668), Executive Order
12196 (45 Fed. Reg. 12769) and part 1960 of title 29,
Code of Federal Regulations; and
(B) the standards of ethical conduct provisions of
part 2635 of title 5, Code of Federal Regulations.
(d) Limitation.--No volunteer authorized under this section may aid
in or facilitate any inspection or investigation relating to, or the
enforcement of, the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
SEC. 312. PURCHASE AND DISTRIBUTION OF EQUIPMENT.
The Secretary is authorized to purchase and distribute equipment
and supplies to public or private entities and individuals for projects
administered by the Occupational Safety and Health Administration
related to worker safety and health in response to the effects of
Hurricane Katrina and Hurricane Rita.
SEC. 313. STATE ASSISTANCE AND MATCHING FUND RESTRICTIONS.
(a) Use of Funds.--Notwithstanding any other provision of law,
States that administer State plans under section 18 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 667), or cooperative
agreements under section 21(d) of such Act (29 U.S.C. 670(d)) may use
grant funds awarded under section 21 or 23 of such Act (29 U.S.C. 670;
672) to provide assistance to the Occupational Safety and Health
Administration for projects related to worker safety and health in
response to the effects of Hurricane Katrina and Hurricane Rita.
(b) Matching Fund Requirement.--Notwithstanding the matching share
requirements of section 23 of such Act or any other provision of law,
the Secretary may increase the size of a grant to any State providing
assistance under subsection (a) by an amount of up to 100 percent of
the cost of travel and subsistence, overtime, and other administrative
expenses incurred by the State in providing such assistance.
SEC. 314. EXPIRATION.
This authorities granted in this title shall terminate on December
31, 2006.
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITIONS.
For purposes of this Act, except as otherwise specifically provided
in this Act, the following terms have the following meanings:
(1) Affected head start agencies.--The term ``affected Head
Start Agencies'' means a Head Start agency receiving a
significant number of children from an area in which a Gulf
hurricane disaster has been declared.
(2) Affected state.--The term ``affected State'' means the
State of Alabama, Florida, Louisiana, Mississippi, or Texas.
(3) Affected student.--The term ``affected student'' means
an individual who has applied for or received student financial
assistance under title IV of the Higher Education Act of 1965,
and who--
(A) was enrolled or accepted for enrollment, as of
August 29, 2005, at an institution of higher education
in an area affected by a Gulf hurricane disaster;
(B) was a dependent student enrolled or accepted
for enrollment at an institution of higher education
that is not in an area affected by a Gulf hurricane
disaster, but whose parents resided or were employed,
as of August 29, 2005, in an area affected by a Gulf
hurricane disaster; or
(C) was enrolled or accepted for enrollment at an
institution of higher education, as of August 29, 2005,
and whose attendance was interrupted because of a Gulf
hurricane disaster.
(4) Area affected by a gulf hurricane disaster.--The term
``area affected by a Gulf hurricane disaster'' means a county
or parish, in an affected State, that has been designated by
the Federal Emergency Management Agency for disaster assistance
for individuals and households as a result of Hurricane Katrina
or Hurricane Rita.
(5) Charter school.--The term ``charter school'' has the
meaning given to that term in section 5210 of the Elementary
and Secondary Education Act of 1965.
(6) Child with a disability.--The term ``child with a
disability'' has the meaning given such term in section 602(3)
of the Individuals with Disabilities Education Act.
(7) Displaced student.--The term ``displaced student''
means an individual who--
(A) but for a Gulf hurricane disaster, would be
enrolled during a school year in an elementary or
secondary school in an affected State;
(B) is unable, due to such disaster, to access the
education and pupil services that the child otherwise
would be receiving at such school; and
(C) due to such disaster, is enrolled at a public
elementary or secondary school in a different
geographic location in a State.
(8) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
(9) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency (as defined in
section 602(19) of the Individuals with Disabilities
Education Act) if such agency is located in a State or
in an area of a State with respect to which the
President has declared that a Gulf hurricane disaster
exists;
(B) a State educational agency (as defined in
section 602(32) of such Act) if such agency is located
in a State with respect to which the President has
declared that a Gulf hurricane disaster exists; or
(C) a State interagency coordinating council
established under section 641 of such Act if such
council is located in a State with respect to which the
President has declared that a Gulf hurricane disaster
exists.
(10) Gulf hurricane disaster.--The term ``Gulf hurricane
disaster'' means a major disaster that the President declared
to exist, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, and that
was caused by Hurricane Katrina or Hurricane Rita.
(11) Highly qualified.--The term ``highly qualified''--
(A) in the case of a special education teacher, has
the meaning given such term in section 602 of the
Individuals with Disabilities Education Act; and
(B) in the case of any other elementary, middle, or
secondary school teacher, has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
(12) Individual adversely affected by a gulf hurricane
disaster.--The term ``individual adversely affected by a Gulf
hurricane disaster'' means an individual who, on August 29,
2005, was living, working, or attending school in an area in
which the President has declared to exist a Gulf hurricane
disaster.
(13) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
such term in section 632(5) of the Individuals with
Disabilities Education Act.
(14) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965, except
that the term does not include institutions under subsection
(a)(1)(C) of that section.
(15) Local educational agency.--The term ``local
educational agency'' has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of 1965.
(16) Pupil services.--The term ``pupil services'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965.
(17) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
(18) State.--The term ``State'' has the meaning given such
term in section 9101 of the Elementary and Secondary Education
Act of 1965.
(19) State educational agency.--The term ``State
educational agency'' has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of 1965.
(20) State lead agency.--The term ``State lead agency'' has
the meaning given such term as designated under 676(a)(1) of
the Community Services Block Grant Act.
SEC. 402. PROCEDURAL WAIVERS.
(a) Publication.--
(1) In general.--Notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary of Education shall
make publicly available the waivers or modifications of
statutory and regulatory provisions and other actions the
Secretary of Education issues pursuant to this title.
(2) Terms and conditions.--The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu of
such statutory and regulatory provisions.
SEC. 403. REPORTING REQUIREMENTS.
(a) Contents of Report.--Not later than September 30, 2006, each
State that exercises any authority provided in this Act shall submit to
the Secretary of jurisdiction a report containing such information as
the Secretary may require, including information identifying--
(1) how flexibility provided under this Act is used to
provide assistance to individuals adversely affected by a Gulf
hurricane disaster, including the number of such individuals
assisted;
(2) how such individuals were assisted;
(3) if any staff was sent to an area adversely affected by
a Gulf hurricane disaster under title II, subtitle A;
(4) specifying how an affected State exercised its waiver
authority under this Act to assist individuals adversely
affected by a Gulf hurricane disaster, including waivers
received under section 331;
(5) the amount of funding transferred among programs
specified in section 331;
(6) the amount of funding, if any, transferred to an
affected State under subtitle A of title II and how such funds
were distributed;
(7) how additional alternative service providers were
chosen by such State to provide immediate assistance under
subtitle A of title II; and
(8) the number and location of teachers considered to be
highly qualified for purposes of subsequent employment as a
teacher by a local educational agency that hired the teachers
due to needs created by the enrollment of displaced students
under section 111.
(b) Report to Congress.--Not later October 30, 2006, the Secretary
shall submit to the Committee on Education and the Workforce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the respective Committees on
Appropriations the report described in subsection (a), and any comments
the Secretary may have with respect to such report.
Passed the House of Representatives November 16, 2005.
Attest:
JEFF TRANDAHL,
Clerk.