[109th Congress Public Law 82]
[From the U.S. Government Printing Office]
[DOCID: f:publ082.109]
[[Page 2049]]
ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES AFFECTED BY HURRICANE
KATRINA OR RITA ACT OF 2005
[[Page 119 STAT. 2050]]
Public Law 109-82
109th Congress
An Act
To assist individuals with disabilities affected by Hurricane Katrina or
Rita through vocational rehabilitation services. <<NOTE: Sept. 30,
2005 - [H.R. 3864]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Assistance for Individuals
with Disabilities Affected by Hurricane Katrina or Rita Act of
2005.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance for Individuals with
Disabilities Affected by Hurricane Katrina or Rita Act of 2005''.
SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.
(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'' means a
State that contains an area, or that received a significant
number of individuals who resided in an area, in which the
President has declared that a major disaster exists.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Rehabilitation Services Administration.
(3) Individual with a disability.--The term ``individual
with a disability'' has the meaning given the term in section
7(20)(A) of the Rehabilitation Act of 1973 (29 U.S.C.
705(20)(A)).
(4) Individual with a disability affected by hurricane
katrina.--The term ``individual with a disability affected by
Hurricane Katrina'' means an individual with a disability who
resided on August 22, 2005, in an area in which the President
has declared that a major disaster related to Hurricane Katrina
exists.
(5) Individual with a disability affected by hurricane
rita.--The term ``individual with a disability affected by
Hurricane Rita'' means an individual with a disability who
resided in an area on the date that was 7 days before the date
on which the President declared that a major disaster related to
Hurricane Rita exists in such area.
(6) Major disaster.--The term ``major disaster'' means a
major disaster declared by the President in accordance with the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), related to Hurricane Katrina or Rita.
(b) Reallotments of Amounts.--
(1) In general.--In reallotting amounts to States under
section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.
730(b)(2)) for fiscal year 2005, the Commissioner shall give
preference to affected States.
(2) Waivers.--If the Commissioner reallots amounts under
section 110(b)(2) of the Rehabilitation Act of 1973 to an
affected
[[Page 119 STAT. 2051]]
State for fiscal year 2005, or returns to the State of Louisiana
for fiscal year 2005 the funds that Louisiana had previously
relinquished pursuant to section 110(b)(1) of that Act (29
U.S.C. 730(b)(1)) due to an inability to meet the non-Federal
share requirements requiring Louisiana to contribute $3,942,821
for fiscal year 2005, the Commissioner may grant a waiver of
non-Federal share requirements for fiscal year 2005 for the
affected State or Louisiana, respectively.
(3) Definition.--In this subsection, the term ``non-Federal
share requirements'' means non-Federal share requirements
applicable to programs under title I of such Act (29 U.S.C. 720
et seq.).
(c) Use of Amounts Reallotted Under Title I of the Rehabilitation
Act of 1973.--An affected State that receives amounts reallotted under
section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.
730(b)(2)) for fiscal year 2005 (as described in subsection (b)) or
returned under subsection (b) may use the amounts--
(1) to pay for vocational rehabilitation services described
in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)
(which may include training, mentoring, or job shadowing
opportunities), for individuals with disabilities affected by
Hurricane Katrina or individuals with disabilities affected by
Hurricane Rita, that contribute to the economic growth and
development of communities;
(2) to enable--
(A) individuals with disabilities affected by
Hurricane Katrina to participate in reconstruction or
other major disaster assistance activities in the areas
in which the individuals resided on August 22, 2005; and
(B) individuals with disabilities affected by
Hurricane Rita to participate in reconstruction or other
major disaster assistance activities in the areas in
which the individuals resided on the date that was 7
days before the date on which the President declared
that a major disaster related to Hurricane Rita exists
in such areas;
(3) to pay for vocational rehabilitation services described
in section 103 of the Rehabilitation Act of 1973 for individuals
with disabilities affected by Hurricane Katrina, or individuals
with disabilities affected by Hurricane Rita, who do not meet
the affected State's order of selection criteria for the
affected State's order of selection under section 101(a)(5) of
the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(5)); or
[[Page 119 STAT. 2052]]
(4) to carry out other activities in accordance with title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
Approved September 30, 2005.
LEGISLATIVE HISTORY--H.R. 3864:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 28, considered and passed House and Senate.
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