Katrina Emergency Relief Act of 2005 - Temporary Medicaid Disaster Relief Act of 2005 - Allows states to provide medical assistance to Hurricane Katrina survivors under a state Medicaid plan without regard to eligibility requirements.
Provides for grants to local educational agencies and states with a large influx of displaced students due to Hurricane Katrina.
Requires the Secretary of Education to: (1) authorize higher education institutions to waive federal financial aid requirements for students affected by Hurricane Katrina; and (2) make payments to institutions for financial aid for such students.
Helping to House the Victims of Hurricane Katrina Act of 2005 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development to provide temporary rental assistance to individuals and families affected by Hurricane Katrina.
Hurricane Emergency Limitation on Payments (HELP) Act of 2005 - Prohibits certain penalties against a person affected by Hurricane Katrina for failing to make timely payments on a federal financial obligation. Allows the President to provide mortgage or rental payments to people affected by Hurricane Katrina.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the President to provide appropriate benefit assistance to any individual unemployed as a result of a major disaster.
Provides tax relief to taxpayers affected by Hurricane Katrina, including disregarding a specified period in determining the tax liability of such taxpayers and excluding certain withdrawals from retirement plans from gross income.
Hurricane Katrina Food Assistance Relief Act of 2005 - Amends the Food Stamp Act of 1977 to provide expedited and increased food stamp benefits for households in areas affected by Hurricane Katrina.
Delays the changes to bankruptcy law for residents of a declared major disaster area in connection with Hurricane Katrina.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1637 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1637
To provide emergency relief to meet the immediate needs of survivors of
Hurricane Katrina for health care, housing, education, and financial
relief, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2005
Mr. Reid (for himself, Ms. Landrieu, Mr. Obama, Ms. Mikulski, Mr.
Kennedy, Mr. Lieberman, Mr. Rockefeller, Ms. Stabenow, Mr. Lautenberg,
Ms. Cantwell, Mr. Levin, Mr. Durbin, Mr. Johnson, Mr. Reed, Mr.
Corzine, Mr. Baucus, Mr. Salazar, Mrs. Feinstein, Mrs. Boxer, Mr.
Dorgan, and Mr. Biden) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide emergency relief to meet the immediate needs of survivors of
Hurricane Katrina for health care, housing, education, and financial
relief, 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 ``Katrina Emergency
Relief Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY MEDICAID DISASTER RELIEF
Sec. 101. Short title; purpose.
Sec. 102. Disaster relief period.
Sec. 103. Temporary Medicaid coverage for Katrina Survivors.
Sec. 104. Temporary disaster relief for States under Medicaid.
Sec. 105. Accommodation of special needs of Katrina Survivors under
Medicare program.
TITLE II--EDUCATION
Subtitle A--Support for Elementary and Secondary Schools
Sec. 201. Support for elementary and secondary schools.
Subtitle B--Fund for Early Childhood Care and Education
Sec. 211. Fund for early childhood care and education.
Subtitle C--Support for Students in Higher Education
Sec. 221. Support for students in higher education.
TITLE III--EMERGENCY HOUSING ASSISTANCE
Sec. 301. Short title.
Sec. 302. Hurricane Katrina Emergency Assistance Vouchers.
Sec. 303. Report on inventory of availability of temporary housing.
Sec. 304. Appropriation of funding.
TITLE IV--FINANCIAL RELIEF
Subtitle A--Limitation on Payments
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Moratorium on payments.
Subtitle B--Individual and Household Assistance
Sec. 411. Individual and household assistance.
Subtitle C--Unemployment Assistance
Sec. 421. Unemployment assistance.
Subtitle D--Tax Relief
Sec. 431. Required exercise of authority under section 7508A for tax
relief for victims of Hurricane Katrina.
Sec. 432. Penalty free withdrawals from retirement plans for victims of
Hurricane Katrina.
Subtitle E--Hurricane Katrina Food Assistance Relief
Sec. 441. Short title.
Sec. 442. Definition of Secretary.
Sec. 443. Food Stamp Program disaster authority.
Sec. 444. Emergency Food Assistance Program and Section 32 Assistance.
Sec. 445. WIC Funding.
Sec. 446. Report.
Sec. 447. Regulations.
Subtitle F--Bankruptcy Relief
Sec. 451. Bankruptcy Relief for Victims of Hurricane Katrina.
TITLE V--ADMINISTRATIVE MATTERS
Sec. 501. Period of availability of benefits.
Sec. 502. Nondiscrimination.
TITLE I--TEMPORARY MEDICAID DISASTER RELIEF
SEC. 101. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the ``Temporary
Medicaid Disaster Relief Act of 2005''.
(b) Purpose.--The purpose of this title is to ensure all those
affected by Hurricane Katrina have access to health coverage and
medical care through the medicaid program and to authorize temporary
changes in such program to guarantee and expedite that coverage and
access to care.
SEC. 102. DISASTER RELIEF PERIOD.
(a) In General.--For purposes of this title, the term ``disaster
relief period'' means the period beginning on August 29, 2005, and,
subject to subsection (b), ending on February 28, 2006.
(b) Presidential Authority to Extend Disaster Relief Period.--
(1) In general.--The President shall extend the application
of section 103 and paragraphs (1) and (2) of section 104(a)
until September 30, 2006, unless the President determines that
all Katrina Survivors would have sufficient access to health
care without such an extension. In the case of such an
extension, the reference to ``February 28, 2006'' in subsection
(a) shall be considered to be a reference to ``September 30,
2006''.
(2) Notice to congress.--The President 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, and 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
at least 30 days prior to--
(A) extending the application of such sections; or
(B) if the President determines not to extend the
application of such sections, February 28, 2006.
SEC. 103. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.
(a) Definitions.--In this title:
(1) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor''
means an individual who is described in subparagraph
(B) or (C).
(B) Residents of disaster localities.--
(i) In general.--An individual who, on any
day during the week preceding the declaration
of a public health emergency on August 29,
2005, had a residence in--
(I) a parish in the State of
Louisiana that is among the parishes
that the Federal Emergency Management
Agency of the Emergency Preparedness
and Response Directorate of the
Department of Homeland Security
declared on September 4, 2005, to be
Federal Disaster Parishes; or
(II) a county in the State of
Alabama or Mississippi that is among
the counties such Agency declared
Federal Disaster Counties on September
4, 2005.
(ii) Authority to rely on website posted
designations.--The Secretary of Health and
Human Services shall post on the Internet
website for the Centers for Medicare & Medicaid
Services a list of parishes and counties
identified as Federal Disaster Parishes or
Counties. Any State which provides medical
assistance to Katrina Survivors on the basis of
such posting and in accordance with this title
shall be held harmless if it is subsequently
determined that the provision of such
assistance was in error.
(C) Individuals who lost employment.--An individual
who, on any day during the week preceding the
declaration of a public health emergency on August 29,
2005, had a residence in a direct impact State and lost
their employment since Hurricane Katrina.
(D) Construction.--A Katrina Survivor shall be
treated as being ``from'' the State of residence
described in subparagraph (B)(i) or (C), as the case
may be.
(E) Treatment of current medicaid beneficiaries.--
Nothing in this title shall be construed as preventing
an individual who is otherwise entitled to medical
assistance under title XIX of the Social Security Act
from being treated as a Katrina Survivor under this
title.
(F) Treatment of homeless persons.--For purposes of
this title, in the case of an individual who was
homeless on any day during the week described in
subparagraph (B)(i), 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.
(2) Direct impact state.--The term ``direct impact State''
means the State of Louisiana, Alabama, and Mississippi.
(b) Rules for Providing Temporary Medical Assistance to Katrina
Survivors.--During the disaster relief period, any State may provide
medical assistance to Katrina Survivors under a State medicaid plan
established under title XIX of the Social Security Act in accordance
with the following:
(1) Uniform eligibility rules.--
(A) No income, resources, residency, or categorical
eligibility requirements.--Such assistance shall be
provided without application of any income or resources
test, State residency, or categorical eligibility
requirements.
(B) Streamlined eligibility procedures.--The State
shall use the following streamlined procedures in
processing applications and determining eligibility for
medical assistance for Katrina Survivors:
(i) 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 include notice regarding the
penalties for making a fraudulent application
under paragraph (4) and shall require the
applicant to assign to the State any rights of
the applicant (or any other person who is a
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.
(ii) Self-attestation by the applicant that
the applicant is a Katrina Survivor.
(iii) No requirement for documentation
evidencing the basis on which the applicant
qualifies to be a Katrina Survivor.
(iv) Issuance of a Medicaid eligibility
card to an applicant who completes such
application, including the self-attestation
required under clause (ii). Such card shall be
valid during the disaster relief period.
(v) If an applicant completes the
application and 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 that the applicant is a
Katrina Survivor based on the information in
the application, the applicant will be deemed
to be a Katrina Survivor eligible for medical
assistance in accordance with this section,
subject to paragraph (3).
(vi) Continuous eligibility, without the
need for any redetermination of eligibility,
for the duration of the disaster relief period.
(C) Determination of eligibility for coverage after
the termination of the disaster relief period.--In the
case of a Katrina Survivor who is receiving medical
assistance from a State, prior to the termination of
the disaster relief period, the State providing such
assistance shall determine whether the Katrina Survivor
is eligible for continued medical assistance under the
State's eligibility rules otherwise applicable under
the State medicaid plan. If a State determines that the
individual is so eligible, the State shall provide the
individual with written notice of the determination and
provide the individual with continued coverage for such
medical assistance for so long as the individual
remains eligible under such otherwise applicable
eligibility rules. If a State determines that the
individual is not so eligible, the State shall provide
the individual with written notice of the
determination, including the reasons for such
determination.
(2) Scope of coverage same as categorically needy.--The
State shall treat Katrina Survivors as individuals 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 August 29, 2005.
(3) Verification of status as a katrina survivor.--
(A) In general.--The State shall make a good faith
effort to verify the status of a Katrina Survivor
enrolled in the State Medicaid plan under the
provisions of this section after the determination of
the eligibility of the Survivor for medical assistance
under such plan.
(B) Evidence of verification.--A State may satisfy
the verification requirement under subparagraph (A)
with respect to a Katrina Survivor by showing that the
State providing medical assistance obtained information
from the Social Security Administration, the Internal
Revenue Service, or the State Medicaid Agency for the
direct impact State.
(C) Disallowance of payments for failure to make
good faith effort.--If, with respect to the status of a
Katrina Survivor enrolled in a State Medicaid plan, the
State fails to make the good faith effort required
under subparagraph (A), and the Secretary determines
that the individual so enrolled is not a Katrina
Survivor, the Secretary shall disallow all Federal
payments made to the State that are directly
attributable to medical assistance provided or
administrative costs incurred with respect to the
individual during the disaster relief period.
(4) Penalty for fraudulent applications.--
(A) Individual liable for costs.--If a State, as
the result of verification activities conducted under
paragraph (3), determines after a fair hearing that an
individual has knowingly made a false self-attestation
described in paragraph (1)(B)(ii), the State may,
subject to subparagraph (B), seek recovery from the
individual for the full amount of the cost of medical
assistance provided to the individual under this
section.
(B) Exception.--The Secretary shall exempt a State
from seeking recovery under subparagraph (A) if the
Secretary determines that it would not be cost-
effective for the State to do so.
(C) Reimbursement to the federal government.--Any
amounts recovered by a State in accordance with this
paragraph shall be returned to the Federal government,
except that a State's administrative costs attributable
to obtaining such recovery shall be reimbursed by the
Federal government in accordance with section
104(a)(2).
(5) Exemption from error rate penalties.--All payments
attributable to providing medical assistance to Katrina
Survivors in accordance with this section shall be disregarded
for purposes of section 1903(u) of the Social Security Act.
SEC. 104. TEMPORARY DISASTER RELIEF FOR STATES UNDER MEDICAID.
(a) Increase in Federal Matching Rate.--
(1) 100 percent fmap for medical assistance.--
Notwithstanding section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)), the Federal medical assistance percentage for
providing medical assistance under a State medicaid plan under
title XIX of such Act to Katrina Survivors or, in the case of a
direct impact State, to any individual who is provided medical
assistance under the State medicaid plan during the disaster
relief period, shall be 100 percent.
(2) 100 percent federal match for certain administrative
costs.--Notwithstanding paragraph (7) of section 1903(a) of
such Act (42 U.S.C. 1396b(a)), or any other paragraph of such
section, the Federal matching rate for costs directly
attributable to all administrative activities that relate to
the enrollment of Katrina Survivors under section 103 in a
State medicaid plan, verification of the status of such
Survivors, processing of claims for payment for medical
assistance provided to such Survivors under such section, and
recovery costs under section 103(b)(4)(C), shall be 100
percent. The Secretary shall issue guidance not later 30 days
after the date of enactment of this Act on the implementation
of this paragraph.
(b) Limitation on Reduction of FMAP for Fiscal Year 2006 for Any
State.--If the Federal medical assistance percentage (as defined in
section 1905(b) of the Social Security Act) determined for a State for
fiscal year 2006 is less than the Federal medical assistance percentage
determined for the 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 only for purposes of title XIX of the
Social Security Act.
(c) Temporary Suspension of Medicare ``Clawback'' and Postponement
of Cut-Off of Medicaid Prescription Drug Funding in Affected States.--
(1) Suspension in application of ``clawback''.--Section
1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) shall
not apply, subject to paragraph (3), before January 2007 to a
direct impact State or to a State that experiences a
significant influx of Katrina Survivors.
(2) Continuation of medicaid drug coverage for dual
eligibles.--Section 1935(d)(1) of such Act shall also not
apply, subject to paragraph (3), before January 2007 to a part
D eligible individual who is a Katrina Survivor.
(3) Termination of application of subsection.--Paragraphs
(1) and (2) shall no longer apply to a State or a Katrina
Survivor, respectively, if the Secretary determines, after
consultation with the State, that enrollment of all part D
eligible individuals in the State under part D of title XVIII
of the Social Security Act who are described in section
1935(c)(6)(A)(ii) of such Act can be achieved without a
discontinuation in prescription drug coverage for any such
individual.
(4) Definition.--For purposes of this subsection, the term
``State that experiences a significant influx of Katrina
Survivors'' means those States, including Arkansas, Florida,
Oklahoma, and Texas, that the Secretary of Health and Human
Services identifies as having a significant in-migration of
Katrina Survivors.
SEC. 105. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER
MEDICARE PROGRAM.
(a) Exclusion of Disaster Relief Period in Computing Part B Late
Enrollment Penalty.--In applying the first sentence of section 1839(b)
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a
Katrina Survivor, there shall not be taken into account any month any
part of which is within the disaster relief period or within the 2-
month period following the end of such disaster relief period.
(b) Part D.--
(1) Extension of initial enrollment period.--In the case of
a Katrina Survivor, the initial enrollment period under section
1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
101(b)(2)) shall in no case end before May 15, 2007.
(2) Flexibility in documentation for low-income
subsidies.--For purposes of carrying out section 1860D-14 of
the Social Security Act (42 U.S.C. 1395w-114), with respect to
Katrina Survivors, the Secretary of Health and Human Services
shall establish documentation rules for Katrina Survivors which
take into account the loss and unavailability of documents due
to Hurricane Katrina.
TITLE II--EDUCATION
Subtitle A--Support for Elementary and Secondary Schools
SEC. 201. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS.
(a) Purpose.--It is the purpose of this section--
(1) to provide assistance to eligible local educational
agencies experiencing large increases in student enrollment due
to Hurricane Katrina;
(2) to facilitate the enrollment of students impacted by
Hurricane Katrina into elementary schools and secondary schools
served by such agencies; and
(3) to provide high quality instruction to such students.
(b) Grants Authorized.--
(1) In general.--The Secretary of Education shall award
grants to eligible local educational agencies.
(2) Eligible local educational agencies.--
(A) Child count.--Each State that has a large
influx of displaced students due to Hurricane Katrina,
as determined by the Secretary of Education, shall set
a child count date for local educational agencies in
the State that have a large influx of such students, as
determined by the State, for the purpose of determining
the total number of such students in each such agency.
(B) Definition.--In this section, the term
``eligible local educational agency'' means a local
educational agency--
(i) that serves, as determined in
accordance with the child count described in
subparagraph (A), not less than 50 displaced
students due to Hurricane Katrina; or
(ii) that serves an elementary school or
secondary school in which not less than 3
percent of the students enrolled at the school
are displaced students due to Hurricane
Katrina, as determined in accordance with the
child count described in subparagraph (A).
(3) Grant amount.--An eligible local educational agency
that receives a grant under this section shall receive a grant
amount that is equal to $2,500 multiplied by the number of
students who enroll in elementary schools and secondary schools
served by such agency because the students are displaced due to
Hurricane Katrina.
(c) Application.--Each eligible local educational agency desiring a
grant under this section shall prepare and submit an application to the
Secretary of Education that contains--
(1) an assurance that the educational programs, services,
and activities proposed under this section will be administered
by or under the supervision of the agency;
(2) an assurance that the agency will coordinate the use of
funds received under this section with other funds received by
the agency under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) and with programs described under
such Act;
(3) an assurance that funds will be used--
(A) to improve instruction to students who enroll
in elementary schools and secondary schools served by
such agency because the students are displaced due to
Hurricane Katrina; and
(B) to facilitate such students' transition into
schools served by the agency; and
(4) such other information and assurances as the Secretary
may reasonably require.
(d) Use of Funds.--Each eligible local educational agency that
receives a grant under this section shall use the grant funds to
enhance instructional opportunities for students who enroll in
elementary schools and secondary schools served by such agency because
the students are displaced due to Hurricane Katrina, which may
include--
(1) basic instructional services for such students,
including tutoring, mentoring, or academic counseling;
(2) salaries of personnel, including teacher aides, to
provide instructional services to such students;
(3) identification and acquisition of curricular material,
including the costs of providing additional classroom supplies,
overhead costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as are
directly attributable to such instructional services for such
students;
(4) health services (including mental health services),
meals, and clothing; and
(5) such other activities, related to the purpose of this
section, as the Secretary of Education may authorize.
Subtitle B--Fund for Early Childhood Care and Education
SEC. 211. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.
(a) Purpose.--It is the purpose of this section--
(1) to provide assistance to local communities experiencing
large influxes of preschool-aged children displaced by
Hurricane Katrina; and
(2) to facilitate placement of such children in early
childhood education programs.
(b) Early Childhood Education Programs.--In this section, the term
``early childhood education program'' means a Head Start program or an
Early Head Start program carried out under the Head Start Act (42
U.S.C. 9831 et seq.), a State licensed or regulated child care program
or school, or a State prekindergarten program that serves children from
birth through kindergarten.
(c) Grants and Subgrants Authorized.--
(1) Grants.--The Secretary of Health and Human Services
shall award grants to States demonstrating large influxes of
children and families displaced due to Hurricane Katrina.
(2) Subgrants.--
(A) In general.--A State receiving a grant under
paragraph (1) shall award subgrants to affected local
communities in the State to facilitate placement of
displaced children in existing early childhood
education programs.
(B) Affected local communities.--In this paragraph,
the term ``affected local community'' means a local
community in a State described in subparagraph (A) in
which--
(i) there are not less than 200 pre-school
aged children who are displaced due to
Hurricane Katrina; or
(ii) there is a significant percentage of
the total number of children participating in
early childhood education programs in the
community who are children who are in the
community because the children are displaced
due to Hurricane Katrina, as determined by the
Secretary of Health and Human Services.
(d) Applications.--Each State that desires to receive a grant under
this section shall prepare and submit an application to the Secretary
of Health and Human Services that contains--
(1) a description of the collaborative planning process
between the State agency responsible for pre-kindergarten,
State child care administrator, and Head Start Collaboration
Director to facilitate the placement of children who are
displaced due to Hurricane Katrina in early childhood education
programs;
(2) assurances that funds received under this section will
be used for the purpose described in subsection (a);
(3) a plan to coordinate funds received under this section
with existing resources available to the early childhood
education programs for similar purposes; and
(4) such other information and assurances as the Secretary
of Health and Human Services may reasonably require.
(e) Use of Subgrant Funds.--
(1) In general.--Each affected local community receiving a
subgrant under this section shall use the subgrant funds only
for--
(A) costs associated with accommodating the influx
of displaced children, including acquisition or rental
of space;
(B) costs associated with providing services to
displaced children, including related services such as
nutrition and acquisition of related materials; and
(C) costs associated with hiring additional
personnel, including teacher aides or personnel working
with families of children.
(2) Income and documentation waiver.--The Secretary of
Health and Human Services shall waive requirements of income
eligibility and documentation for children displaced by
Hurricane Katrina who participate in Head Start programs and
Early Head Start programs funded by subgrants awarded pursuant
to this section.
Subtitle C--Support for Students in Higher Education
SEC. 221. SUPPORT FOR STUDENTS IN HIGHER EDUCATION.
(a) Students in School.--
(1) No questions asked policy.--The Secretary of Education
shall authorize an institution of higher education to waive
Federal financial aid requirements, as determined appropriate
by the Secretary of Education, with respect to a student at
such institution who enrolls in such institution because such
student was impacted by Hurricane Katrina.
(2) Campus-based aid.--
(A) SEOG.--
(i) In general.--
(I) Authorization.--From funds
appropriated pursuant to subclause
(II), the Secretary of Education shall
carry out a program of making payments
to institutions of higher education to
enable such institutions to award
Federal supplemental educational
opportunity grants under subpart 3 of
part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b
et seq.) to students enrolled at such
institutions who are eligible to
receive a grant under such subpart and
who enrolled at such institutions
because the students are displaced due
to Hurricane Katrina, as determined by
the Secretary.
(II) Authorization of
appropriations.--There are authorized
to be appropriated to carry out
subclause (I) such sums as may be
necessary.
(ii) Waiver of nonfederal share.--
Notwithstanding subpart 3 of part A of title IV
of the Higher Education Act of 1965 (20 U.S.C.
1070b et seq.), the Federal share of awards
made pursuant to this subparagraph shall be
equal to 100 percent.
(B) Work-study programs.--
(i) In general.--
(I) Authorization.--From funds
appropriated pursuant to subclause
(II), the Secretary of Education shall
carry out a program of awarding grants
to institutions of higher education to
enable such institutions to carry out
work-study programs under part C of
title IV of the Higher Education Act of
1965 (20 U.S.C. 2751 et seq.) for
students enrolled at such institutions
who are eligible to participate in
work-study programs under such part and
who enrolled at such institutions
because the students are displaced due
to Hurricane Katrina, as determined by
the Secretary.
(II) Authorization of
appropriations.--There are authorized
to be appropriated to carry out
subclause (I) such sums as may be
necessary.
(ii) Waiver of nonfederal share.--
Notwithstanding part C of title IV of the
Higher Education Act of 1965 (20 U.S.C. 2751 et
seq.), the Federal share of the compensation of
students made pursuant to this subparagraph
shall be equal to 100 percent.
(b) Help for Individuals With Student Loans.--
(1) Definitions.--In this subsection:
(A) Eligible borrower.--The term ``eligible
borrower'' means an individual who has lost the
individual's job due to the impact of Hurricane
Katrina, as determined by the Secretary of Education.
(B) Eligible loan.--In this subsection, the term
``eligible loan'' means a student loan of an eligible
borrower made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.).
(2) Grace period.--The Secretary of Education shall carry
out a program in which the Secretary enters into an agreement
with the holder of an eligible loan in which, for a 6 month
period, periodic installments of principal are not paid but
interest shall accrue and be paid by the Secretary on such
loan.
(3) Period not to count against economic hardship periods
provided in higher education act of 1965.--Notwithstanding any
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), the 6-month grace period provided in paragraph (2)
for an eligible borrower shall not count as part of the 3-year
economic hardship periods provided in sections
427(a)(2)(C)(iii), 428(b)(1)(M)(iii), 455(f)(2)(C), and
464(c)(2)(A)(iii) of the Higher Education Act of 1965 (20
U.S.C. 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), 1087e(f)(2)(C),
and 1087dd(c)(2)(A)(iii)).
TITLE III--EMERGENCY HOUSING ASSISTANCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Helping to House the Victims of
Hurricane Katrina Act of 2005''.
SEC. 302. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended by adding at the end the following:
``(20) Hurricane katrina emergency assistance vouchers.--
``(A) In general.--Subject to section 501 of the
Katrina Emergency Relief Act of 2005, during the 6-
month period beginning on the date of enactment of the
Katrina Emergency Relief Act of 2005, the Secretary
shall provide temporary rental assistance to any
individual or family, if--
``(i) the individual or family resides, or
resided on August 29, 2005, in any area that is
subject to a declaration by the President of a
major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in
connection with Hurricane Katrina; and
``(ii) the residence of the individual or
family became uninhabitable or inaccessible as
result of that major disaster or emergency.
``(B) Regulations.--Not later than 30 days after
the date of enactment of the Katrina Emergency Relief
Act of 2005, the Secretary shall issue final rules to
establish the procedures applicable to the issuance of
assistance under subparagraph (A).
``(C) Notice.--The Secretary, in consultation with
the Director of the Federal Emergency Management Agency
and such other agencies as the Secretary determines
appropriate, shall establish procedures for providing
notice of the availability of assistance under this
paragraph to individuals or families that may be
eligible for such assistance.
``(D) Authority to contract with pha's and
others.--The Secretary may contract with any State or
local government agency or public housing agency, or in
consultation with any State or local government agency,
with any other entity, to ensure that assistance
payments under this paragraph are provided in an
efficient and expeditious manner.
``(E) Waiver of eligibility requirements.--In
providing assistance under this paragraph, the
Secretary shall waive the requirements under--
``(i) paragraph (2), relating to tenant
contributions towards rent, except that any
such waiver shall expire on an individual's
return to work;
``(ii) paragraph (4), relating to the
eligibility of individuals to receive
assistance;
``(iii) subsection (k) and paragraph (5) of
this subsection, relating to verification of
income;
``(iv) paragraph (7)(A), relating to the
requirement that leases shall be for a term of
1 year;
``(v) paragraph (8), relating to initial
inspection of housing units by a public housing
agency; and
``(vi) subsection (r)(1)(B), relating to
restrictions on portability.
``(F) Use of funds.--Notwithstanding any other
provision of law, funds available for assistance under
this paragraph--
``(i) shall be made available by the
Secretary to individuals to cover the cost of--
``(I) rent;
``(II) security and utility
deposits;
``(III) relocation expenses,
including expenses incurred in
relocating back to the major disaster
area when such relocation is permitted;
and
``(IV) such additional expenses as
the Secretary determines necessary; and
``(ii) shall be used by the Secretary--
``(I) for payments to public
housing agencies, State or local
government agencies, or other voucher
administrators for vouchers used to
assist individuals or families affected
by the major disaster or emergency
described in this paragraph up to their
authorized level of vouchers, if any
such vouchers are not otherwise funded;
and
``(II) to provide operating
subsidies to public housing agencies
for public housing units provided to
individuals or families affected by the
major disaster or emergency described
in this paragraph, if such a subsidy
was not previously provided for those
units.
``(G) Payment standard.--For purposes of this
paragraph, the payment standard for each size of
dwelling unit in a market area may not exceed 150
percent, or higher if the Secretary approves of such
increase, of the fair market rental established under
subsection (c) for the same size dwelling unit in the
same market area, and shall be not less than 90 percent
of that fair market rental.
``(H) Nondiscrimination.--In selecting individuals
or families for tenancy, a landlord or owner may not
exclude or penalize an individual or family solely
because any portion of the rental payment of that
individual or family is provided under this paragraph.
``(21) Assistance for current voucher recipients affected
by hurricane katrina.--
``(A) In general.--The Secretary shall waive any of
the requirements described in clauses (i) through (vi)
of paragraph (20)(E) for any individual or family
receiving assistance under this section on August 29,
2005, if--
``(i) the individual or family resides, or
resided on August 29, 2005, in any area that is
subject to a declaration by the President of a
major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in
connection with Hurricane Katrina; and
``(ii) the residence of the individual or
family became uninhabitable or inaccessible as
result of that major disaster or emergency.
``(B) Additional uses of funds.--Notwithstanding
any other provision of law, the Secretary shall
provide, as the Secretary determines appropriate,
supplemental assistance to an individual or family
receiving assistance under this section on August 29,
2005, and meeting the requirements described in
subparagraph (A), to assist the individual or family
with the additional costs of relocating to new housing,
including to cover--
``(i) the additional cost of rent and
utilities;
``(ii) security and utility deposits;
``(iii) relocation expenses, including
expenses incurred in relocating back to the
major disaster area when such relocation is
permitted; and
``(iv) such additional expenses as the
Secretary determines necessary.
``(C) Payment standard.--For purposes of this
paragraph, the payment standard for each size of
dwelling unit in a market area may not exceed 150
percent, or higher if the Secretary approves of such
increase, of the fair market rental established under
subsection (c) for the same size dwelling unit in the
same market area, and shall be not less than 90 percent
of that fair market rental.
``(D) Nondiscrimination.--A landlord or owner may
not exclude or penalize an individual or family solely
because that individual or family is eligible for any
waivers or benefits provided under this paragraph.
``(22) Authority of the secretary to directly administer
vouchers when pha's are unable to do so.--If the Secretary
determines that a public housing agency is unable to implement
the provisions of this subsection due to the effects of
Hurricane Katrina, the Secretary may--
``(A) directly administer any voucher program
described in paragraphs (1) through (20); and
``(B) perform the functions assigned to a public
housing agency by this subsection.''.
SEC. 303. REPORT ON INVENTORY OF AVAILABILITY OF TEMPORARY HOUSING.
Not later than 10 days after the date of enactment of this Act, the
Secretary of Defense, the Administrator of the General Services
Administration, the Secretary of Agriculture, and such other agency
heads as the Secretary determines appropriate, shall compile and report
to the Secretary an inventory of Federal civilian and defense
facilities that can be used--
(1) to provide emergency housing; or
(2) as locations for the construction or deployment of
temporary housing units.
SEC. 304. APPROPRIATION OF FUNDING.
(a) In General.--There are authorized to be appropriated and are
appropriated $3,500,000,000 to provide assistance under this title.
(b) Emergency Designation.--The amount appropriated under
subsection (a) is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).
TITLE IV--FINANCIAL RELIEF
Subtitle A--Limitation on Payments
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ``Hurricane Emergency Limitation
on Payments (HELP) Act of 2005''.
SEC. 402. DEFINITIONS.
In this subtitle:
(1) Disaster.--The term ``Disaster'' means the major
disasters declared by the President on August 29, 2005,
relating to damage caused by Hurricane Katrina.
(2) Injured person.--The term ``injured person'' means any
individual or entity that suffers harm resulting from the
Disaster that makes the individual or entity eligible to
receive, and the individual or entity submits an application in
good faith to receive--
(A) housing assistance under section 408(b) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(b));
(B) financial assistance to address other needs
under section 408(e) of that Act (42 U.S.C. 5174(e));
(C) unemployment assistance under section 410 of
that Act (42 U.S.C. 5177) (as amended by subtitle C);
(D) a disaster loan under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)); or
(E) an emergency loan made under subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961 et seq.).
SEC. 403. MORATORIUM ON PAYMENTS.
(a) In General.--Except as otherwise provided in this subtitle, no
injured person shall be subject to a penalty or a requirement to pay
interest for a failure of the injured person, as a result of the
Disaster, to make timely payment of a financial obligation for any loan
made, subsidized, or guaranteed by the United States.
(b) Applicability to Loans.--The moratorium under subsection (a)
shall not apply to any loan made to or assumed by an injured person on
or after August 29, 2005.
(c) Period of Effectiveness.--The moratorium under subsection (a)
shall apply in accordance with section 501 to the failure of an injured
person to make timely payments.
(d) Eligibility.--If a Federal agency responsible for administering
a benefit program referred to in section 402(b) determines that an
individual or entity that has applied to receive a benefit under the
program is not eligible to receive the benefit, the individual or
entity, for purposes of the moratorium under subsection (a), shall
cease to be considered an injured person as of the date on which the
individual or entity receives notice of the determination of the
Federal agency.
(e) Federal Responsibility.--In the case of a moratorium on
payments on a loan subsidized or guaranteed by the United States,
nothing in this section excuses the United States from any liability of
the United States to the lender under the terms of the agreement
between the United States and the lender.
(f) Effect of Other Law.--The moratorium under subsection (a) shall
apply to an injured person only if, and to the extent that, the injured
person is not excused from, or eligible to be excused from, the
obligation under other applicable law.
Subtitle B--Individual and Household Assistance
SEC. 411. INDIVIDUAL AND HOUSEHOLD ASSISTANCE.
(a) Maximum Amounts.--Notwithstanding section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174),
in providing assistance to individuals and households affected by
Hurricane Katrina, the President may waive the limitation on total
assistance under subsection (h) of that section.
(b) Mortgage and Rental Assistance.--
(1) In general.--During the 18-month period beginning on
the date of enactment of this Act, the President may provide
assistance in the form of mortgage or rental payments for
persons described in paragraph (2).
(2) Eligible persons.--Assistance under paragraph (1) may
be provided to any individual or household that--
(A) resided on August 29, 2005, in an area that is
subject to a declaration by the President of a major
disaster under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
in connection with Hurricane Katrina; and
(B) as a result of financial hardship caused by a
major disaster described in subparagraph (A), is
subject to dispossession or eviction from a residence
due to foreclosure of a mortgage or lien or termination
of a lease entered into before the date on which the
major disaster is declared.
(c) Types of Housing Assistance.--No limitation relating to the
maximum amount of assistance under paragraph (2) or (3) of section
408(c) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(c)) shall apply with respect to major
disaster FEMA-1603-DR-Louisiana, FEMA-1604-DR-Mississippi, or FEMA-
1605-DR-Alabama.
(d) Financial Assistance to Address Other Needs.--Notwithstanding
section 408(g)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(g)(2)), in the case of
financial assistance provided under subsection (e) of that section to
any individual or household in response to a major disaster referred to
in subsection (c), the Federal share shall be 100 percent.
Subtitle C--Unemployment Assistance
SEC. 421. UNEMPLOYMENT ASSISTANCE.
Section 410 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5177) is amended by striking the section
heading and all that follows through the end of subsection (a) and
inserting the following:
``SEC. 410. UNEMPLOYMENT ASSISTANCE.
``(a) Provision of Unemployment Assistance.--
``(1) Assistance.--
``(A) In general.--The President shall provide to
any individual unemployed as a result of a major
disaster such benefit assistance as the President
determines to be appropriate.
``(B) Location of employment.--An individual that
is unemployed as a result of a major disaster as
determined under subparagraph (A) may receive
assistance under this subsection regardless of whether
the individual was employed at a location within the
declared disaster area.
``(C) Reason for unemployment.--For purposes of
this subsection, an individual who is unemployed
because a loss of business resulting from a major
disaster contributed importantly to the employer's
decision to reduce or terminate employment shall be
considered to be an individual unemployed as a result
of a major disaster.
``(D) Eligibility.--An individual shall be eligible
to receive assistance under this subsection regardless
of whether the individual is eligible to receive, or
has exhausted eligibility for, State unemployment
compensation.
``(2) Availability.--Assistance provided to an unemployed
individual under paragraph (1) shall be available as long as
the unemployment of the individual caused by the major disaster
continues, or until the individual is reemployed in at least a
comparable position, but not longer than 52 weeks after the
date on which the unemployed individual first receives
assistance.
``(3) Maximum and minimum weekly amounts.--The amount of
assistance provided to an unemployed individual under this
subsection for each week of unemployment shall be--
``(A) unless the amount is less than the amount
described in subparagraph (B), not more than the
maximum weekly amount authorized under the unemployment
compensation law of the State in which the disaster
occurred; and
``(B) not less than the national average weekly
unemployment benefit provided to an individual as of
the date of the major disaster for which unemployment
assistance is provided.
``(4) Period for application.--The President shall accept
applications for assistance under this subsection for--
``(A) the 90-day period beginning on the date on
which the applicable major disaster is declared; or
``(B) such longer period as may be established by
the President.
``(5) Cooperation with states.--The President shall provide
assistance under this subsection through agreements with States
that, in the judgment of the President, have an adequate system
for administering the assistance through existing State
agencies.''.
Subtitle D--Tax Relief
SEC. 431. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A FOR TAX
RELIEF FOR VICTIMS OF HURRICANE KATRINA.
In the case of any taxpayer determined by the Secretary of the
Treasury to be affected by the Presidentially declared disaster
relating to Hurricane Katrina, the Secretary of the Treasury shall
specify a period under section 7508A of the Internal Revenue Code of
1986 of not less than 6 months beginning on August 29, 2005, that may
be disregarded with respect to all of the acts described in section
7508(a)(1) of such Code.
SEC. 432. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR VICTIMS OF
HURRICANE KATRINA.
(a) Exclusion From Income of Certain Distributions Which Are
Repaid.--Section 72 of the Internal Revenue Code of 1986 (relating to
individual retirement accounts) is amended by redesignating subsection
(x) as subsection (y) and by inserting after subsection (w) the
following new subsection:
``(x) Repayable Distributions From Qualified Retirement Plans for
Victims of Hurricane Katrina.--
``(1) In general.--Notwithstanding any other provision of
this section, gross income shall not include any qualified
distribution.
``(2) Repayment requirement.--
``(A) Addition to tax.--If the required
recontributions made by the taxpayer during the
repayment period are less than the qualified
distribution, the tax imposed by this chapter for the
last taxable year in the repayment period shall be
increased by the amount determined under subparagraph
(B).
``(B) Determination of amount.--The amount
determined under this subparagraph shall be an amount
which bears the same ratio to the tax benefit amount
as--
``(i) the excess (if any) of the qualified
distribution over required recontributions made
during the repayment period, bears to
``(ii) the qualified distribution.
``(C) Repayment period.--For purposes of this
subsection, the term `repayment period' means, with
respect to any qualified distribution, the 5-taxable
year period beginning after the taxable year in which
such distribution is received.
``(D) Tax benefit amount.--For purposes of this
subsection, the term `tax benefit amount' means, with
respect to any qualified distribution, the aggregate
reduction in the tax imposed by this chapter for the
taxable year in which such distribution is received by
reason of the exclusion under paragraph (1).
``(3) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means any
distribution to an individual who has a principal place of
abode within the area designated as a disaster area by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act in connection with Hurricane Katrina--
``(A) if such distribution is made during the 6-
month period beginning on the date such declaration is
made, and
``(B) to the extent such distribution does not
exceed the excess of--
``(i) the amount of expenses incurred as a
result of such disaster, over
``(ii) the amount of such expenses which
are compensated for by insurance or otherwise.
``(4) Recontribution of qualified distributions.--
``(A) In general.--If an individual received a
qualified distribution, such individual shall make
required recontributions in the manner provided in this
paragraph to an individual retirement plan maintained
for the benefit of such individual.
``(B) Method of making recontribution.--Any
required recontribution--
``(i) shall be made during the repayment
period for the qualified distribution,
``(ii) shall not exceed the qualified
distribution reduced by any prior
recontribution under this paragraph with
respect to such distribution, and
``(iii) shall be made by making a payment
in cash to the qualified retirement plan from
which the qualified distribution was made.
An individual making a required recontribution under
this paragraph shall designate (in the manner
prescribed by the Secretary) such contribution as a
required recontribution under this paragraph and shall
specify the qualified distribution with respect to
which such recontribution is being made.
``(C) Treatment of contribution.--For purposes of
this title, any required recontribution under this
paragraph shall not be taken into account for purposes
of any limitation on contributions to a qualified
retirement plan (as so defined).
``(5) Other special rules.--
``(A) Basis rules not affected.--The tax treatment
under this chapter of any distribution (other than a
qualified distribution) shall be determined as if this
subsection had not been enacted.
``(B) Aggregation rule.--For purposes of this
subsection, all qualified distributions received by an
individual during a taxable year shall be treated as a
single distribution.''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions received after the date of the enactment of this
Act, in taxable years ending after such date.
Subtitle E--Hurricane Katrina Food Assistance Relief
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ``Hurricane Katrina Food
Assistance Relief Act of 2005''.
SEC. 442. DEFINITION OF SECRETARY.
In this subtitle, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 443. FOOD STAMP PROGRAM DISASTER AUTHORITY.
(a) In General.--Section 5(h) of the Food Stamp Act of 1977 (7
U.S.C. 2014(h)) is amended by adding at the end the following:
``(4) Response to hurricane katrina.--
``(A) Definitions.--In this paragraph:
``(i) Affected area.--
``(I) In general.--The term `affected area'
means an area of a State that the Secretary
determines was affected by Hurricane Katrina or
a related condition.
``(II) Inclusion.--The term `affected area'
includes any area that, as a result of
Hurricane Katrina or a related condition, was
covered by--
``(aa) a natural disaster
declaration under section 321(a) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)); or
``(bb) a major disaster or
emergency designation under the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121 et seq.).
``(ii) Affected household.--
``(I) In general.--The term `affected
household' means a household--
``(aa) in an affected area;
``(bb) in which a member worked
immediately prior to August 29, 2005,
in an affected area; or
``(cc) that was displaced as a
result of Hurricane Katrina or a
related condition to other areas of the
same or another State.
``(II) Inclusion.--The term `affected
household' includes a household containing 1 or
more individuals that were displaced as a
result of Hurricane Katrina or a related
condition, as determined by the Secretary.
``(iii) Disaster recovery period.--
``(I) In general.--The term `disaster
recovery period' means the period of 180 days
beginning on the date of enactment of this
paragraph.
``(II) Extension.--The disaster recovery
period shall be extended for another 180 days
unless the President determines that the
extension is not necessary to fully meet the
needs of affected households.
``(B) Disaster recovery period.--During the disaster
recovery period--
``(i) clauses (iv) and (v) of subsection (g)(2)(B),
subsections (d) and (o) of section 6, and section
8(c)(1) shall not apply to affected households;
``(ii) the application of an affected household
shall be processed under the procedures established
under section 11(e)(9);
``(iii) at the option of the State agency, the
State agency may increase the value to the affected
household of the thrifty food plan determined under
section 3(o) by 6 percent when calculating the value of
the allotment for an affected household under section
8(a), in lieu of making the adjustment otherwise
required by clause (iv);
``(iv) except in the case of a household to which
clause (iii) applies, the State agency shall calculate
the income of an affected household using a standard
deduction of $323 in lieu of the deduction provided
under subsection (e)(1);
``(v) the Secretary shall pay each State agency an
amount equal to 100 percent of administrative costs
allowable under section 16(a) related to serving
affected households in lieu of the payments section
16(a) would otherwise require for those costs;
``(vi) an affected household shall be considered to
meet the requirements of subsection (c)(2) if the
income of the affected household, as calculated under
subsection (c)(2), does not exceed the level permitted
under subsection (c)(1) by more than 50 percent;
``(vii) any funds designated for rebuilding or
relocation (including payments from Federal, State, or
local governments, charitable organizations, employers,
or insurance companies) shall be excluded from
consideration under subsection (g) in determining the
eligibility of an affected household; and
``(viii) an affected household may not be
considered to customarily purchase food and prepare
meals together with other individuals if the affected
household did not customarily purchase food and prepare
meals for home consumption with those individuals
immediately prior to August 29, 2005.
``(C) Duplicate participation.--
``(i) In general.--The Secretary shall take such
actions as are prudent and reasonable under the
circumstances to identify affected households that are
participating in more than 1 State and to terminate the
duplicate participation of those households.
``(ii) No action taken.--Except in the case of
deliberate falsehoods, no action may be taken against
any affected household relating to any duplicate
participation during the disaster recovery period that
takes place prior to termination under clause (i).
``(D) Claims relating to benefits.--Except in the case of
intentional program violations as determined under section
6(b), no claim may be established under section 13(b) relating
to benefits issued under this subsection.
``(E) Payment error rate.--For purposes of determining the
payment error rate of a State agency under section 16(c), the
Secretary shall disregard any errors resulting from the
application of this paragraph to an affected household during
the disaster recovery period.
``(F) Savings clause.--This paragraph shall not apply in
any area of a State to the extent that there is in effect in
the area an emergency food stamp plan approved by the Secretary
that is more generous than the assistance provided under this
paragraph.''.
(b) Program Information Activities.--
(1) In general.--From funds otherwise appropriated for the
food stamp program established under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.), the Secretary may use not more than
$5,000,000 for the period of fiscal year 2005 through 2006 to
enter into contracts with nonprofit organizations to provide
affected households (as defined in section 5(h)(4)(A)(i) of the
Food Stamp Act of 1977 (as added by subsection (a)) with
information about and assistance in completing the application
process for any food assistance programs for which the
Secretary provides funds or commodities.
(2) Expediting provisions.--Notwithstanding any other
provision of law, the Secretary shall not be required--
(A) to provide public notice of the availability of
funds described in paragraph (1); or
(B) to accept competitive bids for contracts under
this subsection.
SEC. 444. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 ASSISTANCE.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual or household that, as
determined by the Secretary in consultation with the Secretary of
Homeland Security--
(1) is a victim of Hurricane Katrina or a related
condition;
(2) has been displaced by Hurricane Katrina or a related
condition; or
(3) is temporarily housing 1 or more individuals displaced
by Hurricane Katrina or a related condition.
(b) Assistance.--
(1) In general.--In addition to funds already obligated to
carry out the emergency food assistance program established
under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501
et seq.), the Secretary, in consultation with the Secretary of
Homeland Security, shall use not more than $200,000,000 of
funds made available under that Act to provide a variety of
food to eligible recipient agencies for providing food
assistance to eligible recipients, including--
(A) special supplemental foods for pregnant women
and infants or for other individuals with special
needs;
(B) infant formula;
(C) bottled water; and
(D) fruit juices.
(2) Use of funds.--Funds made available under paragraph (1)
may be used to provide commodities in accordance with--
(A) section 27 of the Food Stamp Act of 1977 (7
U.S.C. 2036);
(B) section 203A of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7504); and
(C) section 204 of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508).
(c) Section 32 Funding.--In addition to funds obligated for fiscal
years 2005 and 2006 under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), the Secretary shall use not more than $200,000,000 of
funds made available under that section to provide food assistance to
eligible recipients, including food described in subparagraphs (A)
through (D) of subsection (b)(1).
SEC. 445. WIC FUNDING.
(a) In General.--In addition to other funds made available to the
Secretary for fiscal year 2005 or 2006 to carry out the special
supplemental nutrition program for women, infants, and children
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), there is authorized to be appropriated $200,000,000, to remain
available until September 30, 2007.
(b) Emergency Designation.--The amounts made available by the
transfer of funds in or pursuant to subsection (a) are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
(c) Allocation of Funds.--Notwithstanding section 17(i) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the Secretary may
allocate funds made available under subsection (a) as the Secretary
determines to be necessary to provide assistance to women, infants, and
children who, as determined by the Secretary in consultation with the
Secretary of Homeland Security--
(1) are victims of Hurricane Katrina or a related
condition; or
(2) have been displaced by Hurricane Katrina or a related
condition.
SEC. 446. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the Secretary of Homeland Security,
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that--
(1) describes whether additional funding or authority is
needed to continue to address the food needs of eligible
recipients; and
(2) includes any determination by the President under
section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as
added by section _03(a)) that an extension of the disaster
recovery period is not necessary to fully meet the needs of
affected households.
SEC. 447. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this subtitle.
(b) Procedure.--The promulgation of the regulations and
administration of this subtitle shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
Subtitle F--Bankruptcy Relief
SEC. 451. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.
(a) In General.--Notwithstanding any other provision of law, the
provisions of title 11, United States Code, as in effect on August 29,
2005, shall apply to any case described in subsection (b).
(b) Eligibility.--A case described in this subsection is a case
commenced during the 180-day period beginning on the effective date of
the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,
under title 11, United States Code (other than under chapter 12 of that
title 11), or during an extension of a period for the availability of
benefits or assistance in accordance with section 501(b), by or on
behalf of a debtor who resides, or who resided on August 29, 2005, in
any area that is subject to a declaration by the President of a major
disaster under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricane
Katrina.
TITLE V--ADMINISTRATIVE MATTERS
SEC. 501. PERIOD OF AVAILABILITY OF BENEFITS.
(a) In General.--Except as otherwise provided by this Act or an
amendment made by this Act, a benefit or assistance provided by any
provision of this Act or an amendment made by this Act shall be
available through the date that is 180 days after the date of enactment
of this Act.
(b) Automatic Extension.--The period during which a benefit or
assistance described in subsection (a) is available shall be
automatically extended for an additional 180 days, beginning on the
date that is 181 days after the date of enactment of this Act (or any
earlier date on which such period expires under a provision of this Act
or an amendment made by this Act), unless the President determines that
the extension of the availability of the benefit or assistance is not
necessary to fully meet the needs of individuals and households
affected by Hurricane Katrina or a related condition.
(c) Report.--If the President determines that an extension is not
necessary under subsection (b), the President shall submit to Congress
a report describing the determination.
SEC. 502. NONDISCRIMINATION.
Each recipient of Federal funds made available pursuant to this Act
or an amendment made by this Act, in carrying out programs and
activities with those funds, shall comply with all Federal laws
(including regulations) prohibiting discrimination on the basis of
race, color, religion, sex, national origin, age, or disability,
including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.). Each recipient of Federal funds made available pursuant to this
Act or an amendment made by this Act, in carrying out programs and
activities with those funds, shall comply with all Federal laws
(including regulations) prohibiting discrimination on the basis of
race, color, religion, sex, national origin, age, or disability,
including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
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Introduced in Senate
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S9838-9844)
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