109th CONGRESS *********** THIS BILL HAS BEEN CONVERTED TO XML USING THE CONVERSION PROGRAM & HAS NOT BEEN PROOFREAD ****************** 1st Session S. 1932 IN THE SENATE OF THE UNITED STATES AN ACT To provide for reconciliation pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95).

1.

Short title

This Act may be cited as the Deficit Reduction Omnibus Reconciliation Act of 2005.

2.

Table of Contents

The table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of Contents TITLE I—COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY Sec. 1001. Short title Subtitle A—Commodity Programs Sec. 1101. Reduction of commodity program payments Sec. 1102. Forfeiture penalty for nonrecourse sugar loans Sec. 1103. Cotton competitiveness provisions Sec. 1104. National dairy market loss payments Sec. 1105. Advance direct payments Subtitle B—Conservation Sec. 1201. Conservation reserve program Sec. 1202. Conservation security program Sec. 1203. Environmental quality incentives program Subtitle C—Miscellaneous Sec. 1301. Initiative for future agriculture and food systems TITLE II—COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS Subtitle A—Merger of the Deposit Insurance Funds Sec. 2001. Short title Sec. 2002. Definitions Sec. 2003. Merger of BIF and SAIF Sec. 2004. Establishment of the Deposit Insurance Fund Sec. 2005. Technical and conforming amendments to the Federal Deposit Insurance Act Sec. 2006. Other technical and conforming amendments Sec. 2007. Effective date Subtitle B—Deposit Insurance Modernization and Improvement Sec. 2011. Short title Sec. 2012. Changes to Federal deposit insurance coverage Sec. 2013. Designated reserve ratio Sec. 2014. Assessment credits and dividends Sec. 2015. Assessments-related records retention and statute of limitations Sec. 2016. Increase in fees for late assessment payments Sec. 2017. Regulations required Sec. 2018. Studies of potential changes to the Federal deposit insurance system Sec. 2019. Effective date Subtitle C—FHA Asset Disposition Sec. 2021. Short title Sec. 2022. Definitions Sec. 2023. Appropriated funds requirement for below market sales Sec. 2024. Up-front grants Sec. 2025. Authorization of appropriations Subtitle D—Adaptive Housing Assistance Sec. 2031. Short title Sec. 2032. Adoptive housing assistance for disabled veterans residing temporarily in housing owned by a family member Sec. 2033. GAO reports TITLE III—COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION Sec. 3001. Short title Sec. 3002. Analog spectrum recovery; hard deadline Sec. 3003. Auction of recovered spectrum Sec. 3004. Supplemental license fees Sec. 3005. Digital Transition and Public Safety Fund Sec. 3005A. Communication system grants Sec. 3006. Essential air service program TITLE IV—ENERGY AND NATURAL RESOURCES Sec. 4001. Oil and gas leasing program TITLE V—COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS Sec. 5001. Technical corrections to SAFETEA–LU TITLE VI—COMMITTEE ON FINANCE Sec. 6000. Amendments to Social Security Act Subtitle A—Medicaid Chapter 1—Payment For Prescription Drugs Under Medicaid Sec. 6001. Pharmacy reimbursement Sec. 6002. Increase in rebates for covered outpatient drugs Sec. 6003. Improved regulation of authorized generic drugs Sec. 6004. Collection of rebates for certain physician administered drugs Chapter 2—Long-Term Care Under Medicaid Sec. 6011. Reform of Medicaid asset transfer rules Sec. 6012. State long-term care partnerships Chapter 3—Eliminating Fraud, Waste, and Abuse in Medicaid Sec. 6021. Enhancing third party recovery Sec. 6022. Limitation on use of contingency fee arrangements Sec. 6023. Encouraging the enactment of State False Claims Acts Sec. 6024. Employee education about False Claims Recovery Sec. 6025. Prohibition on restocking and double billing of prescription drugs Sec. 6026. Medicaid Integrity Program Chapter 4—State Financing Under Medicaid Sec. 6031. Reforms of targeted case management Sec. 6032. Temporary Federal matching payments for Federal assistance Sec. 6033. Managed care organization provider tax reform Sec. 6034. Inclusion of podiatrists as physicians Sec. 6035. DSH allotment for the District of Columbia Sec. 6036. Demonstration project regarding Medicaid reimbursement for stabilization of emergency medical conditions by non-publicly owned or operated institutions for mental diseases Sec. 6037. Limitation on severe reduction in the Medicaid FMAP for fiscal year 2006 Sec. 6038. Extension of prescription drug rebates to enrollees in Medicaid managed care organizations Sec. 6039. Extension of the Medicare Part A and B payment holiday Sec. 6039A. Sense of the Senate Sec. 6039B. Authority to continue providing certain adult day health care services or medical adult day care services Sec. 6039C. Demonstration project regarding Medicaid coverage of low-income HIV-infected individuals Sec. 6039D. Additional increase in rebate for single source and innovator multiple source drugs Chapter 5—Improving the Medicaid and State Children’s Health Insurance Programs SUBCHAPTER A—FAMILY OPPORTUNITY ACT Sec. 6041. Short title of subchapter Sec. 6042. Opportunity for families of disabled children to purchase Medicaid coverage for such children Sec. 6043. Demonstration projects regarding home and community-based alternatives to psychiatric residential treatment facilities for children Sec. 6044. Development and support of family-to-family health information centers Sec. 6045. Restoration of Medicaid eligibility for certain SSI beneficiaries SUBCHAPTER B—STATE CHILDREN’S HEALTH INSURANCE PROGRAM Sec. 6051. Rules for availability, redistribution, and extended availability of allotments for fiscal years 2003, 2004, and 2005 Sec. 6052. Authority to use up to 10 percent of fiscal year 2006 and 2007 allotments for outreach Sec. 6053. Prohibition against covering nonpregnant childless adults with SCHIP funds Sec. 6054. Continued authority for qualifying States to use certain funds for Medicaid expenditures Sec. 6055. Grants to promote innovative outreach and enrollment under Medicaid and SCHIP SUBCHAPTER C—MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION Sec. 6061. Money Follows the Person Rebalancing Demonstration Chapter 6—Option for Hurricane Katrina Disaster States To Delay Application Sec. 6071. Option for Hurricane Katrina disaster States to delay application Subtitle B—Medicare Sec. 6101. Improvements to the Medicare-dependent hospital (MDH) program Sec. 6102. Reduction in payments to skilled nursing facilities for bad debt Sec. 6103. Two-year extension of the 50 percent compliance threshold used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility under the Medicare program Sec. 6104. Prohibition on physician self referrals to physician owned, limited service hospitals Sec. 6105. Minimum update for physicians’ services for 2006 Sec. 6106. One-year extension of hold harmless provisions for small rural hospitals and sole community hospitals under the prospective payment system for hospital outpatient department services Sec. 6107. Update to the composite rate component of the basic case-mix adjusted prospective payment system for dialysis services Sec. 6108. One-year extension of moratorium on therapy caps Sec. 6109. Transfer of title of certain DME to patient after 13-month rental Sec. 6110. Establishment of Medicare value-based purchasing programs Sec. 6111. Phase-out of risk adjustment budget neutrality in determining the amount of payments to Medicare Advantage organizations Sec. 6112. Elimination of Medicare Advantage regional plan stabilization fund Sec. 6113. Rural PACE provider grant program Sec. 6114. Waiver of part B late enrollment penalty for certain international volunteers Sec. 6115. Delivery of services at federally qualified health centers Sec. 6116. Technical correction regarding purchase agreements for power-driven wheelchairs Sec. 6117. Medicare coverage of ultrasound screening for abdominal aortic aneurysms; national educational and information campaign Sec. 6118. Improving patient access to, and utilization of, colorectal cancer screening under medicare Sec. 6119. Coverage of marriage and family therapist services and mental health counselor services under part b of the medicare program Sec. 6120. Quality measurement systems amendments TITLE VII—COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS Subtitle A—Education Provisions Chapter 1—Education Sec. 7101. Provisional grant assistance program Sec. 7102. National smart grants Sec. 7103. Loan limits Sec. 7104. Plus loan interest rates and zero special allowance payment Sec. 7105. Reduction of lender insurance reimbursement rates Sec. 7106. Guaranty agency origination fee Sec. 7107. Deferment of student loans for military service Sec. 7108. Recovery through consolidation Sec. 7109. Single holder rule Sec. 7110. Default reduction program Sec. 7111. Requirements for disbursements of student loans Sec. 7112. Special insurance and reinsurance rules Sec. 7113. School as lender moratorium Sec. 7114. Permanent reduction of special allowance payments for loans from the proceeds of tax exempt issues Sec. 7115. Special allowances Sec. 7116. Origination fee Sec. 7117. Income contingent repayment for public sector employees Sec. 7118. Family contribution for dependent students Sec. 7119. Family contribution for independent students without dependents other than a spouse Sec. 7120. Family contribution for independent students with dependents other than a spouse Sec. 7121. Regulations; updated tables Sec. 7122. Simplified need test and automatic zero improvements Sec. 7123. Loan forgiveness for teachers Sec. 7124. Effective date Chapter 2—Hurricane Katrina Higher Education Recovery Sec. 7151. Short title Sec. 7152. Definitions Sec. 7153. Waiver authority and modifications to certain provisions of the Higher Education Act of 1965 Sec. 7154. General waiver authority and required consultation Sec. 7155. Notice of waivers, modifications, or extensions Sec. 7156. Regulatory requirements inapplicable Sec. 7157. Department of Education Inspector General audit and report Sec. 7158. Sunset provision Subtitle B—Pension Benefit Guaranty Corporation Premiums Sec. 7201. Amendments to the Employee Retirement Income Security Act of 1974 Subtitle C—Higher Education Reauthorization Chapter 1—Short Title; References; General Effective Date Sec. 7301. Short title Sec. 7302. References Sec. 7303. General effective date Chapter 2—General Provisions Sec. 7311. Additional definitions Sec. 7312. General definition of institution of higher education Sec. 7313. Definition of institution of higher education for purposes of title IV programs Sec. 7314. Protection of student speech and association rights Sec. 7315. National advisory committee on institutional quality and integrity Sec. 7316. Drug and alcohol abuse prevention Sec. 7317. Prior rights and obligations Sec. 7318. Cost of higher education Sec. 7319. Performance-based organization for the delivery of Federal student financial assistance Sec. 7320. Procurement flexibility Chapter 3—Teacher Quality Enhancement Sec. 7331. Teacher quality enhancement grants for States and partnerships Chapter 4—Institutional Aid Sec. 7341. Program purpose Sec. 7342. Definitions; eligibility Sec. 7343. American Indian tribally controlled colleges and universities Sec. 7344. Alaska Native and Native Hawaiian-serving institutions Sec. 7345. Native American-serving, nontribal institutions Sec. 7346. Part B definitions Sec. 7347. Grants to institutions Sec. 7348. Allotments to institutions Sec. 7349. Professional or graduate institutions Sec. 7350. Authorization of appropriations Sec. 7351. Technical corrections Chapter 5—Student Assistance SUBCHAPTER A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION Sec. 7361. Federal Pell Grants Sec. 7362. Federal TRIO Programs Sec. 7363. Gaining Early Awareness and Readiness for Undergraduate Programs Sec. 7364. Academic Achievement Incentive Scholarships Sec. 7365. Federal Supplemental Educational Opportunity Grants Sec. 7366. Leveraging Educational Assistance Partnership Program Sec. 7367. Special programs for students whose families are engaged in migrant and seasonal farmwork Sec. 7368. Robert C. Byrd Honors Scholarship Program Sec. 7369. Child care access means parents in school Sec. 7370. Learning anytime anywhere partnerships SUBCHAPTER B—FEDERAL FAMILY EDUCATION LOAN PROGRAM Sec. 7381. Extension of authorities Sec. 7382. Federal payments to reduce student interest costs Sec. 7383. Federal consolidation loans Sec. 7384. Default reduction program Sec. 7385. Requirements for disbursement of student loans Sec. 7386. Reports to credit bureaus and institutions of higher education Sec. 7387. Common forms and formats Sec. 7388. Student loan information by eligible borrowers Sec. 7389. Consumer education information Sec. 7390. Definition of eligible lender Sec. 7390A. Repayment by the Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow SUBCHAPTER C—FEDERAL WORK-STUDY PROGRAMS Sec. 7391. Authorization of appropriations Sec. 7392. Allowance for books and supplies Sec. 7393. Grants for Federal work-study programs Sec. 7394. Job location and development programs Sec. 7395. Work colleges SUBCHAPTER D—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM Sec. 7401. Funds for administrative expenses SUBCHAPTER E—FEDERAL PERKINS LOANS Sec. 7411. Program authority Sec. 7412. Terms of loans Sec. 7413. Cancellation of loans for certain public service Sec. 7414. Federal capital contribution recovery SUBCHAPTER F—NEED ANALYSIS Sec. 7421. Cost of attendance Sec. 7422. Discretion of student financial aid administrators Sec. 7423. Definitions SUBCHAPTER G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE Sec. 7431. Definitions Sec. 7432. Compliance calendar Sec. 7433. Forms and regulations Sec. 7434. Student eligibility Sec. 7435. Statute of limitations and State court judgments Sec. 7436. Institutional refunds Sec. 7437. Institutional and financial assistance for students Sec. 7438. National student loan data system Sec. 7439. Early awareness of financial aid eligibility Sec. 7440. College access initiative Sec. 7441. Program participation agreements Sec. 7442. Regulatory relief and improvement Sec. 7443. Transfer of allotments Sec. 7444. Wage garnishment requirement Sec. 7445. Purpose of administrative payments Sec. 7446. Advisory committee on student financial assistance Sec. 7447. Regional meetings Sec. 7448. Year 2000 requirements at the department SUBCHAPTER H—PROGRAM INTEGRITY Sec. 7451. Recognition of accrediting agency or association Sec. 7452. Administrative capacity standard Sec. 7453. Program review and data Chapter 6—Developing Institutions Sec. 7501. Definitions Sec. 7502. Authorized activities Sec. 7503. Duration of grant Sec. 7504. Postbaccalaureate opportunities for Hispanic Americans Sec. 7505. Applications Sec. 7506. Cooperative arrangements Sec. 7507. Authorization of appropriations Chapter 7—International Education Programs Sec. 7601. Findings Sec. 7602. Graduate and undergraduate language and area centers and programs Sec. 7603. Undergraduate international studies and foreign language programs Sec. 7604. Research; studies Sec. 7605. Technological innovation and cooperation for foreign information access Sec. 7606. Selection of certain grant recipients Sec. 7607. American overseas research centers Sec. 7608. Authorization of appropriations for international and foreign language studies Sec. 7609. Centers for international business education Sec. 7610. Education and training programs Sec. 7611. Authorization of appropriations for business and international education programs Sec. 7612. Minority foreign service professional development program Sec. 7613. Institutional development Sec. 7614. Study abroad program Sec. 7615. Advanced degree in international relations Sec. 7616. Internships Sec. 7617. Financial assistance Sec. 7618. Report Sec. 7619. Gifts and donations Sec. 7620. Authorization of appropriations for the institute for international public policy Sec. 7621. Definitions Sec. 7622. Assessment and enforcement Chapter 8—Graduate And Postsecondary Improvement Programs Sec. 7701. Purpose Sec. 7702. Allocation of Jacob K. Javits fellowships Sec. 7703. Stipends Sec. 7704. Authorization of appropriations for the Jacob K. Javits Fellowship Program Sec. 7705. Institutional eligibility under the graduate assistance in areas of national need program Sec. 7706. Awards to graduate students Sec. 7707. Additional assistance for cost of education Sec. 7708. Authorization of appropriations for the graduate assistance in areas of national need program Sec. 7709. Authorization of appropriations for the Thurgood Marshall Legal Educational Opportunity Program Sec. 7710. Fund for the improvement of postsecondary education Sec. 7711. Special projects Sec. 7712. Authorization of appropriations for the fund for the improvement of postsecondary education Sec. 7713. Repeal of the urban community service program Sec. 7714. Grants authorized for demonstration projects to ensure students with disabilities receive a quality higher education Sec. 7715. Applications for demonstration projects to ensure students with disabilities receive a quality higher education Sec. 7716. Authorization of appropriations for the demonstration projects to ensure students with disabilities receive a quality higher education Chapter 9—Miscellaneous Sec. 7801. Miscellaneous Chapter 10—Amendments to Other Laws SUBCHAPTER A—EDUCATION OF THE DEAF ACT OF 1986 Sec. 7901. Laurent Clerc National Deaf Education Center Sec. 7902. Agreement with Gallaudet University Sec. 7903. Agreement for the National Technical Institute for the Deaf Sec. 7904. Cultural experiences grants Sec. 7905. Audit Sec. 7906. Reports Sec. 7907. Monitoring, evaluation, and reporting Sec. 7908. Liaison for educational programs Sec. 7909. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf Sec. 7910. Oversight and effect of agreements Sec. 7911. International students Sec. 7912. Research priorities Sec. 7913. Authorization of appropriations SUBCHAPTER B—UNITED STATES INSTITUTE OF PEACE ACT Sec. 7921. United States Institute of Peace Act SUBCHAPTER C—THE HIGHER EDUCATION AMENDMENTS OF 1998 Sec. 7931. Repeals Sec. 7932. Grants to States for workplace and community transition training for incarcerated youth offenders SUBCHAPTER D—INDIAN EDUCATION Part I—Tribal Colleges and Universities Sec. 7941. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978 Part II—Navajo Higher Education Sec. 7945. Short title Sec. 7946. Reauthorization of Navajo Community College Act Subtitle D—Hurricane Relief Sec. 7947. Findings Sec. 7948. Immediate aid to restart school operations Sec. 7949. Hold harmless for local educational agencies serving major disaster areas Sec. 7950. Teacher and paraprofessional reciprocity; delay Sec. 7951. Assistance for homeless youth Sec. 7952. Temporary emergency impact aid for displaced students Sec. 7953. Origination fees for student loans Sec. 7954. Authorization and appropriation of funds Sec. 7955. Sunset provision TITLE VIII—COMMITTEE ON THE JUDICIARY Sec. 8001. Recapture of unused visa numbers Sec. 8002. Fees with respect to immigration services for intracompany transferees Sec. 8003. Justice programs Sec. 8004. Copyright program DIVISION A—AMTRAK REAUTHORIZATION Sec. 1. Short title Sec. 2. Amendment of Title 49, United States Code TITLE I—AUTHORIZATIONS Sec. 101. Authorization for Amtrak capital and operating expenses and State capital grants Sec. 102. Authorization for the Federal Railroad Administration Sec. 103. Repayment of long-term debt and capital leases Sec. 104. Excess railroad retirement Sec. 105. Other authorizations TITLE II—AMTRAK REFORM AND OPERATIONAL IMPROVEMENTS Sec. 201. National railroad passenger transportation system defined Sec. 202. Amtrak board of directors Sec. 203. Establishment of improved financial accounting system Sec. 204. Development of 5-year financial plan Sec. 205. Establishment of grant process Sec. 206. State-supported routes Sec. 207. Independent auditor to establish methodologies for Amtrak route and service planning decisions Sec. 208. Metrics and standards Sec. 209. Passenger train performance Sec. 210. Long distance routes Sec. 211. Alternate passenger rail service program Sec. 212. Employee transition assistance Sec. 213. Northeast corridor state-of-good-repair plan Sec. 214. Northeast corridor infrastructure and operations improvements Sec. 215. Restructuring long-term debt and capital leases Sec. 216. Study of compliance requirements at existing intercity rail stations Sec. 217. Incentive pay Sec. 218. Access to Amtrak equipment and services Sec. 219. General Amtrak provisions Sec. 220. Private sector funding of passenger trains Sec. 221. On-board service improvements Sec. 222. Amtrak management accountability TITLE III—INTERCITY PASSENGER RAIL POLICY Sec. 301. Capital assistance for intercity passenger rail service Sec. 302. State rail plans Sec. 303. Next generation corridor train equipment pool Sec. 304. Federal rail policy Sec. 305. Rail cooperation research program TITLE IV—PASSENGER RAIL SECURITY AND SAFETY Sec. 401. Systemwide Amtrak security upgrades Sec. 402. Fire and life-safety improvements Sec. 403. Amtrak plan to assist families of passengers involved in rail passenger accidents Sec. 404. Northern border rail passenger report Sec. 405. Passenger, baggage, and cargo screening

. 10

AMENDMENTS TO OTHER LAWS

A

Education of the Deaf Act of 1986

7901.

Laurent Clerc National Deaf Education Center

Section 104 of the Education of the Deaf Act of 1986 (20 U.S.C. 4304) is amended— (1)by striking the heading and inserting laurent clerc national deaf education center; (2)in subsection (a)(1)(A), by inserting the Laurent Clerc National Deaf Education Center (referred to in this section as the Clerc Center) to carry out after maintain and operate; and (3)in subsection (b)— (A)in the matter preceding subparagraph (A) of paragraph (1), by striking elementary and secondary education programs and inserting Clerc Center; (B)in paragraph (2), by striking elementary and secondary education programs and inserting Clerc Center; and (C)by adding at the end the following: (5)The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall— (A)(i)select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and (ii)implement such standards and assessments for such programs by not later than the beginning of the 2008–2009 academic year; (B)annually determine whether such programs at the Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress defined (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) by the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and (C)publicly report the results of the academic assessments implemented under subparagraph (A) and whether the programs at the Clerc Center are making adequate yearly progress, as determined under subparagraph (B). .

7902.

Agreement with Gallaudet University

Section 105(b)(4) of the Education of the Deaf Act of 1986 (20 U.S.C. 4305(b)(4)) is amended— (1)by striking the Act of March 3, 1931 (40 U.S.C. 276a–276a–5) commonly referred to as the Davis-Bacon Act and inserting subchapter IV of chapter 31 of title 40, United States Code, commonly referred to as the Davis-Bacon Act; and (2)by striking section 2 of the Act of June 13, 1934 (40 U.S.C. 276c) and inserting section 3145 of title 40, United States Code.

7903.

Agreement for the National Technical Institute for the Deaf

Section 112 of the Education of the Deaf Act of 1986 (20 U.S.C. 4332) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)in the first sentence— (I)by striking an institution of higher education and inserting the Rochester Institute of Technology, Rochester, New York; and (II)by striking of a and inserting of the; and (ii)by striking the second sentence; (B)by redesignating paragraph (2) as paragraph (3); and (C)by inserting after paragraph (1) the following: (2)Notwithstanding the requirement under paragraph (1), if the Secretary or the Rochester Institute of Technology terminates the agreement under paragraph (1), the Secretary shall consider proposals from other institutions of higher education and enter into an agreement with 1 of such institutions for the establishment and operation of a National Technical Institution for the Deaf. ; and (2)in subsection (b)— (A)in paragraph (3), by striking Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate; and (B)in paragraph (5)— (i)by striking the Act of March 3, 1931 (40 U.S.C. 276a–276a–5) commonly referred to as the Davis-Bacon Act and inserting subchapter IV of chapter 31 of title 40, United States Code, commonly referred to as the Davis-Bacon Act; and (ii)by striking section 2 of the Act of June 13, 1934 (40 U.S.C. 276c) and inserting section 3145 of title 40, United States Code.

7904.

Cultural experiences grants

(a)

Cultural Experiences Grants

Title I of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the end the following: C

OTHER PROGRAMS

121.

Cultural experiences grants

(a)

In General

The Secretary shall, on a competitive basis, make grants to, and enter into contracts and cooperative agreements with, eligible entities to support the activities described in subsection (b). (b)

Activities

In carrying out this section, the Secretary shall support activities providing cultural experiences, through appropriate nonprofit organizations with a demonstrated proficiency in providing such activities, that— (1)enrich the lives of deaf and hard-of-hearing children and adults; (2)increase public awareness and understanding of deafness and of the artistic and intellectual achievements of deaf and hard-of-hearing persons; or (3)promote the integration of hearing, deaf, and hard-of-hearing persons through shared cultural, educational, and social experiences. (c)

Applications

An eligible entity that desires to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d)

Authorization of Appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2006 and each of the 5 succeeding fiscal years.

. (b)

Conforming Amendment

The title heading of title I of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the end ; OTHER PROGRAMS.

7905.

Audit

Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C. 4353) is amended— (1)in subsection (b)— (A)in paragraph (1), by striking the second sentence and inserting the following: The institution of higher education that the Secretary has an agreement with under section 112 shall have an annual independent financial and compliance audit made of NTID programs and activities. The audit shall follow the cycle of the Federal fiscal year.; (B)in paragraph (2), by striking sections and all that follows through the period and inserting sections 102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) through (f) of section 207, and subsections (b) and (c) of section 209.; and (C)in paragraph (3), by inserting and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate after Secretary; and (2)in subsection (c)(2)(A), by striking Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

7906.

Reports

Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 4354) is amended— (1)in the matter preceding paragraph (1), by striking Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate and inserting Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; (2)in paragraph (1), by striking preparatory,; (3)in paragraph (2)(C), by striking upon graduation/completion and inserting on the date that is 1 year after the date of graduation or completion; and (4)in paragraph (3)(B), by striking of the institution of higher education and all that follows through the period and inserting of NTID programs and activities..

7907.

Monitoring, evaluation, and reporting

Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C. 4355) is amended— (1)in subsection (b), by striking The Secretary, as part of the annual report required under section 426 of the Department of Education Organization Act, shall include a description of and inserting The Secretary shall annually transmit information to Congress on; and (2)in subsection (c), by striking fiscal years 1998 through 2003 and inserting fiscal years 2006 through 2010.

7908.

Liaison for educational programs

Section 206(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4356(a)) is amended by striking Not later than 30 days after the date of enactment of this Act, the and inserting The.

7909.

Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf

Section 207(h) of the Education of the Deaf Act of 1986 (20 U.S.C. 4357(h)) is amended by striking fiscal years 1998 through 2003 each place it appears and inserting fiscal years 2006 through 2010.

7910.

Oversight and effect of agreements

Section 208(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359(a)) is amended by striking Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives and inserting Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

7911.

International students

Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C. 4359a) is amended— (1)in subsection (a)— (A)by striking preparatory, undergraduate, and inserting undergraduate; (B)by striking Effective with and inserting the following: (1)

In general

Except as provided in paragraph (2), effective with ; and (C)by adding at the end the following: (2)

Distance learning

International students who participate in distance learning courses that are at NTID or the University and who are residing outside of the United States shall— (A)not be counted as international students for purposes of the cap on international students under paragraph (1), except that in any school year no United States citizen who applies to participate in distance learning courses that are at the University or NTID shall be denied participation in such courses because of the participation of an international student in such courses; and (B)not be charged a tuition surcharge, as described in subsection (b). ; and (2)by striking subsections (b), (c), and (d), and inserting the following: (b)

Tuition Surcharge

Except as provided in subsections (a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and graduate students) or NTID shall include, for academic year 2007–2008 and any succeeding academic year, a surcharge of— (1)100 percent for a postsecondary international student from a non-developing country; and (2)50 percent for a postsecondary international student from a developing country. (c)

Reduction of Surcharge

(1)

In general

Beginning with the academic year 2007–2008, the University or NTID may reduce the surcharge— (A)under subsection (b)(1) to 50 percent if— (i)a student described under subsection (b)(1) demonstrates need; and (ii)such student has made a good faith effort to secure aid through such student’s government or other sources; and (B)under subsection (b)(2) to 25 percent if— (i)a student described under subsection (b)(2) demonstrates need; and (ii)such student has made a good faith effort to secure aid through such student’s government or other sources. (2)

Development of sliding scale

The University and NTID shall develop a sliding scale model that— (A)will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and (B)shall be approved by the Secretary. (d)

Definition

In this section, the term developing country means a country with a per-capita income of not more than $4,825, measured in 1999 United States dollars, as adjusted by the Secretary to reflect inflation since 1999. .

7912.

Research priorities

Section 210(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359b(b)) is amended by striking Committee on Labor and Human Resources of the Senate and inserting Committee on Health, Education, Labor, and Pensions of the Senate.

7913.

Authorization of appropriations

Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C. 4360a) is amended— (1)in subsection (a), in the matter preceding paragraph (1), by striking fiscal years 1998 through 2003 and inserting fiscal years 2006 through 2011; and (2)in subsection (b), by striking fiscal years 1998 through 2003 and inserting fiscal years 2006 through 2011.

B

United States Institute of Peace Act

7921.

United States Institute of Peace Act

(a)

Powers and Duties

Section 1705(b)(3) of the United States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended by striking the Arms Control and Disarmament Agency,. (b)

Board of Directors

Section 1706 of the United States Institute of Peace Act (22 U.S.C. 4605) is amended— (1)by striking (b)(5) each place the term appears and inserting (b)(4); and (2)in subsection (e), by adding at the end the following: (5)The term of a member of the Board shall not commence until the member is confirmed by the Senate and sworn in as a member of the Board. . (c)

Funding

Section 1710 of the United States Institute of Peace Act (22 U.S.C. 4609) is amended by adding at the end the following: (d)

Extension

Any authorization of appropriations made for the purposes of carrying out this title shall be extended in the same manner as applicable programs are extended under section 422 of the General Education Provisions Act. .

C

The Higher Education Amendments of 1998

7931.

Repeals

The following provisions of title VIII of the Higher Education Amendments of 1998 (Public Law 105–244) are repealed: (1)Part A. (2)Part C (20 U.S.C. 1070 note). (3)Part F (20 U.S.C. 1862 note). (4)Part J. (5)Section 861. (6)Section 863.

7932.

Grants to States for workplace and community transition training for incarcerated youth offenders

Section 821(b) of the Higher Education Amendment of 1988 is amended by striking 25 and inserting 35.

D

Indian Education

I

TRIBAL COLLEGES AND UNIVERSITIES

7941.

Reauthorization of the Tribally Controlled College or University Assistance Act of 1978

(a)

Clarification of the Definition of National Indian Organization

Section 2(a)(6) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking in the field of Indian education and inserting in the fields of tribally controlled colleges and universities and Indian higher education. (b)

Indian Student Count

Section 2(a) of the Tribally Controlled College or University Assistance Act (25 U.S.C. 1801(a)) is amended— (1)by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2)by inserting after paragraph (6) the following: (7)Indian student means a student who is— (A)a member of an Indian tribe; or (B)a biological child of a member of an Indian tribe, living or deceased; . (c)

Continuing Education

Section 2(b) of the Tribally Controlled College or University Assistance Act (25 U.S.C. 1801(b)) is amended by striking paragraph (5) and inserting the following: (5)

Determination of credits

Eligible credits earned in a continuing education program— (A)shall be determined as 1 credit for every 10 contact hours in the case of an institution on a quarter system, or 15 contact hours in the case of an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and (B)shall be limited to 10 percent of the Indian student count of a tribally controlled college or university. . (d)

Accreditation Requirement

Section 103 of the Tribally Controlled College or University Assistance Act (25 U.S.C. 1804) is amended— (1)in paragraph (2), by striking and at the end; (2)in paragraph (3), by striking the period at the end and inserting ; and; and (3)by inserting after paragraph (3), the following: (4)(A)is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority with regard to the quality of training offered; or (B)is, according to such an agency or association, making reasonable progress toward accreditation. . (e)

Technical Assistance Contract Awards

Section 105 of the Tribally Controlled College or University Assistance Act (25 U.S.C. 1805) is amended in the second sentence by striking In the awarding of contracts for technical assistance, preference shall be given and inserting The Secretary shall direct that contracts for technical assistance be awarded. (f)

Title I Reauthorization

Section 110(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1810(a)) is amended— (1)in paragraphs (1), (2), (3), and (4), by striking 1999 and inserting 2006; (2)in paragraphs (1), (2), and (3), by striking 4 succeeding and inserting 5 succeeding; (3)in paragraph (2), by striking $40,000,000 and inserting such sums as may be necessary; (4)in paragraph (3), by striking $10,000,000 and inserting such sums as may be necessary; and (5)in paragraph (4), by striking succeeding 4 and inserting 5 succeeding. (g)

Title III Reauthorization

Section 306(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1836(a)) is amended— (1)by striking 1999 and inserting 2006; and (2)by striking 4 succeeding and inserting 5 succeeding. (h)

Title IV Reauthorization

Section 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 (25 U.S.C. 1852) is amended— (1)by striking $2,000,000 for fiscal year 1999 and inserting such sums as may be necessary for fiscal year 2006; and (2)by striking 4 succeeding and inserting 5 succeeding.

II

NAVAJO HIGHER EDUCATION

7945.

Short title

This part may be cited as the Navajo Nation Higher Education Act of 2005.

7946.

Reauthorization of Navajo Community College Act

(a)

Purpose

Section 2 of the Navajo Community College Act (25 U.S.C. 640a) is amended— (1)by striking Navajo Tribe of Indians and inserting Navajo Nation; and (2)by striking ”the Navajo Community College“ and inserting ”Diné College“. (b)

Grants

Section 3 of the Navajo Community College Act (25 U.S.C. 640b) is amended— (1)in the first sentence— (A)by inserting the before Interior; (B)by striking Navajo Tribe of Indians and inserting Navajo Nation; and (C)by striking ”the Navajo Community College“ and inserting ”Diné College“; and (2)in the second sentence— (A)by striking Navajo Tribe and inserting Navajo Nation; and (B)by striking Navajo Indians and inserting Navajo people. (c)

Study of Facilities Needs

Section 4 of the Navajo Community College Act (25 U.S.C. 640c) is amended— (1)in subsection (a)— (A)in the first sentence— (i)by striking ”the Navajo Community College“ and inserting ”Diné College“; and (ii)by striking August 1, 1979 and inserting October 31, 2009; and (B)in the second sentence, by striking Navajo Tribe and inserting Navajo Nation; (2)in subsection (b), by striking the date of enactment of the Tribally Controlled Community College Assistance Act of 1978 and inserting October 1, 2006; and (3)in subsection (c), in the first sentence, by striking ”the Navajo Community College“ and inserting ”Diné College“. (d)

Authorization of Appropriations

Section 5 of the Navajo Community College Act (25 U.S.C. 640c–1) is amended— (1)in subsection (a)— (A)in paragraph (1), by striking $2,000,000 and all that follows through the end of the paragraph and inserting such sums as are necessary for fiscal years 2006 through 2011.; and (B)by adding at the end the following: (3)Sums described in paragraph (2) shall be used to provide grants for construction activities, including the construction of buildings, water and sewer facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures (such as walkways). ; (2)in subsection (b)(1)— (A)in the matter preceding subparagraph (A)— (i)by striking ”the Navajo Community College“ and inserting ”Diné College“; and (ii)by striking , for each fiscal year and all that follows through for— and inserting such sums as are necessary for fiscal years 2006 through 2011 to pay the cost of—; (B)in subparagraph (A)— (i)by striking college and inserting College; (ii)in clauses (i) and (iii), by striking the commas at the ends of the clauses and inserting semicolons; and (iii)in clause (ii), by striking , and at the end and inserting ; and; (C)in subparagraph (B), by striking the comma at the end and inserting a semicolon; (D)in subparagraph (C), by striking , and at the end and inserting a semicolon; (E)in subparagraph (D), by striking the period at the end and inserting ; and; and (F)by adding at the end the following: (E)improving and expanding the College, including by providing, for the Navajo people and others in the community of the College— (i)higher education programs; (ii)vocational and technical education; (iii)activities relating to the preservation and protection of the Navajo language, philosophy, and culture; (iv)employment and training opportunities; (v)economic development and community outreach; and (vi)a safe learning, working, and living environment. ; and (3)in subsection (c), by striking ”the Navajo Community College“ and inserting ”Diné College“. (e)

Effect on Other Laws

Section 6 of the Navajo Community College Act (25 U.S.C. 640c–2) is amended— (1)by striking ”the Navajo Community College“ each place it appears and inserting ”Diné College“; and (2)in subsection (b), by striking college and inserting College. (f)

Payments; Interest

Section 7 of the Navajo Community College Act (25 U.S.C. 640c–3) is amended by striking ”the Navajo Community College“ each place it appears and inserting ”Diné College“.

D

Hurricane Relief

7947.

Findings

Congress finds the following: (1)Hurricane Katrina has had a devastating and unprecedented impact on students who attended schools in the disaster areas. (2)Due to the devastating effects of Hurricane Katrina, a significant number of students have enrolled in schools outside of the area in which they resided on August 22, 2005, including a significant number of students who enrolled in non-public schools because their parents chose to enroll them in such schools. (3)372,000 students were displaced by Hurricane Katrina. Approximately 700 schools have been damaged or destroyed. Nine States each have more than 1,000 of such displaced students enrolled in their schools. In Texas alone, over 45,000 displaced students have enrolled in schools. (4)In response to these extraordinary conditions, this subtitle creates a one-time only emergency grant for the 2005–2006 school year tailored to the needs and particular circumstances of students displaced by Hurricane Katrina.

7948.

Immediate aid to restart school operations

(a)

Purpose

It is the purpose of this section— (1)to provide immediate and direct assistance to local educational agencies in Louisiana, Mississippi, and Alabama that serve an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina; (2)to assist school district administrators and personnel of such agencies who are working to restart operations in elementary schools and secondary schools served by such agencies; and (3)to facilitate the re-opening of elementary schools and secondary schools served by such agencies and the re-enrollment of students in such schools as soon as possible. (b)

Payments and Grants Authorized

From amounts appropriated to carry out this subtitle, the Secretary of Education is authorized to make payments, not later than November 30, 2005, to State educational agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.)) in Louisiana, Mississippi, and Alabama to enable such agencies to award grants to local educational agencies serving an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina. (c)

Eligibility and Consideration

In determining whether to award a grant under this section, or the amount of the grant, the State educational agency shall consider the following: (1)The number of school-aged children served by the local educational agency in the academic year preceding the academic year for which the grant is awarded. (2)The severity of the impact of Hurricane Katrina on the local educational agency and the extent of the needs in each local educational agency in Louisiana, Mississippi, and Alabama that is in an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina. (d)

Applications

Each local educational agency desiring a grant under this section shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require to ensure expedited and timely payment to the local educational agency. (e)

Uses of Funds

(1)

In general

A local educational agency receiving a grant under this section shall use the grant funds for— (A)recovery of student and personnel data, and other electronic information; (B)replacement of school district information systems, including hardware and software; (C)financial operations; (D)reasonable transportation costs; (E)rental of mobile educational units and leasing of neutral sites or spaces; (F)initial replacement of instructional materials and equipment, including textbooks; (G)redeveloping instructional plans, including curriculum development; (H)initiating and maintaining education and support services; and (I)such other activities related to the purpose of this section that are approved by the Secretary. (2)

Use with other available funds

A local educational agency receiving a grant under this section may use the grant funds in coordination with other Federal, State, or local funds available for the activities described in paragraph (1). (3)

Prohibitions

Grant funds received under this section shall not be used for any of the following: (A)Construction or major renovation of schools. (B)Payments to school administrators or teachers who are not actively engaged in restarting or re-opening schools. (f)

Supplement Not Supplant

(1)

In general

Except as provided in paragraph (2), funds made available under this section shall be used to supplement, not supplant, any funds made available through the Federal Emergency Management Agency or through a State. (2)

Exception

Paragraph (1) shall not prohibit the provision of Federal assistance under this section to an eligible educational agency that is or may be entitled to receive, from another source, benefits for the same purposes as under this section if— (A)such agency has not received such other benefits by the time of application for Federal assistance under this section; and (B)such agency agrees to repay all duplicative Federal assistance received to carry out the purposes of this section.

7949.

Hold harmless for local educational agencies serving major disaster areas

In the case of a local educational agency that serves an area in which the President has declared that a major disaster exists in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina, the amount made available for such local educational agency under each of sections 1124, 1124A, 1125, and 1125A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for fiscal year 2006 shall be not less than the amount made available for such local educational agency under each of such sections for fiscal year 2005.

7950.

Teacher and paraprofessional reciprocity; delay

(a)

Teacher and Paraprofessional Reciprocity

(1)

Teachers

(A)

Affected teacher

In this subsection, the term affected teacher means a teacher who is displaced due to Hurricane Katrina and relocates to a State that is different from the State in which such teacher resided on August 22, 2005. (B)

In general

A local educational agency may consider an affected teacher hired by such agency who is not highly qualified in the State in which such agency is located to be highly qualified, for purposes of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) and section 612(a)(14) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)), for a period not to exceed 1 year, if such teacher was highly qualified, consistent with section 9101(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) and section 602(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)), on or before August 22, 2005, in the State in which such teacher resided on August 22, 2005. (2)

Paraprofessional

(A)

Affected paraprofessional

In this subsection, the term affected paraprofessional means a paraprofessional who is displaced due to Hurricane Katrina and relocates to a State that is different from the State in which such paraprofessional resided on August 22, 2005. (B)

In general

A local educational agency may consider an affected paraprofessional hired by such agency who does not satisfy the requirements of section 1119(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319(c)) in the State in which such agency is located to satisfy such requirements, for purposes of such section, for a period not to exceed 1 year, if such paraprofessional satisfied such requirements on or before August 22, 2005, in the State in which such paraprofessional resided on August 22, 2005. (b)

Delay

The Secretary of Education may delay, for a period not to exceed 1 year, applicability of the requirements of paragraphs (2) and (3) of section 1119(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319(a)(2) and (3)) and section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)) with respect to the States of Alabama, Louisiana, and Mississippi (and local educational agencies within the jurisdiction of such States), if any such State or local educational agency demonstrates that a failure to comply with such requirements is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of local educational agencies within the State.

7951.

Assistance for homeless youth

(a)

In General

The Secretary of Education shall provide assistance to local educational agencies serving homeless children and youths displaced by Hurricane Katrina, consistent with section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433), including identification, enrollment assistance, assessment and school placement assistance, transportation, coordination of school services, supplies, referrals for health, mental health, and other needs. (b)

Exception and Distribution of Funds

(1)

Exception

For purposes of providing assistance under subsection (a), subsections (c) and (e)(1) of section 722 and subsections (b) and (c) of section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) and (c)) shall not apply. (2)

Disbursement

The Secretary of Education shall disburse funding provided under subsection (a) to State educational agencies based on demonstrated need, as determined by the Secretary, and such State educational agencies shall distribute funds, that are appropriated under section 7958 and available to carry out this section, to local educational agencies based on demonstrated need, for the purposes of carrying out section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433).

7952.

Temporary emergency impact aid for displaced students

(a)

Temporary Emergency Impact Aid Authorized

(1)

Aid to state educational agencies

From amounts appropriated under this subtitle, the Secretary of Education shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable— (A)such eligible local educational agencies and schools to provide for the instruction of displaced students served by such agencies and schools; and (B)such eligible local educational agencies to make immediate impact aid payments to accounts established on behalf of displaced students (referred to in this section as accounts) who are attending eligible non-public schools located in the areas served by the eligible local educational agencies. (2)

Aid to local educational agencies and bia-funded schools

A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (d). (3)

State educational agencies in certain states

In the case of the States of Louisiana and Mississippi, the State educational agency shall carry out the activities of eligible local educational agencies that are unable to carry out this section, including eligible local educational agencies in such States for which the State exercises the authorities normally exercised by such local educational agencies. (b)

Definitions

In this section: (1)

Displaced student

The term displaced student means a student who enrolled in a school (other than the school that the student was enrolled in, or was eligible to be enrolled in, on August 22, 2005) because such student resides or resided on August 22, 2005, in an area for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane Katrina. (2)

Eligible local educational agencies

The term eligible local educational agency means a local educational agency that serves— (A)an elementary school or secondary school (including a charter school) in which there is enrolled a displaced student; or (B)an area in which there is located an eligible non-public school. (3)

Eligible non-public school

The term eligible non-public school means a non-public school that— (A)is accredited or licensed or otherwise operates in accordance with State law; (B)was in existence on August 22, 2005; and (C)serves a displaced student on behalf of whom an application for an account has been made pursuant to subsection (c)(2)(A)(ii). (4)

Eligible bia-funded school

In this section, the term eligible BIA-funded school means a school funded by the Bureau of Indian Affairs in which there is enrolled a displaced student. (c)

Application

(1)

State educational agency

A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary of Education may reasonably require, including— (A)information on the total displaced student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2); (B)a description of the process for the parent or guardian of a displaced student enrolled in a non-public school to indicate to the eligible local educational agency serving the area in which such school is located that the student is enrolled in such school; (C)a description of the procedure to be used by an eligible local educational agency in such State to provide payments to accounts; (D)a description of the process to be used by an eligible local educational agency in such State to obtain— (i)attestations of attendance of eligible displaced students from eligible non-public schools, in order for the local educational agency to provide payments to accounts on behalf of eligible displaced students; and (ii)attestations from eligible non-public schools that accounts are used only for the purposes described in subsection (e)(2)(A); and (E)the criteria, including family income, used to determine the eligibility for and the amount of assistance under this section provided on behalf of a displaced student attending an eligible non-public school. (2)

Local educational agencies and bia-funded schools

An eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2005–2006 school year that indicates the following: (A)In the case of an eligible local educational agency— (i)the number of displaced students enrolled in the elementary schools and secondary schools (including charter schools and including the number of displaced students who are served under part B of the Individuals with Disabilities Education Act) served by such agency for such quarter; and (ii)the number of displaced students for whom the eligible local educational agency expects to provide payments to accounts under subsection (e)(2) (including the number of displaced students who are served under part B of the Individuals with Disabilities Education Act) for such quarter who meet the following criteria: (I)The displaced student enrolled in an eligible non-public school prior to the date of enactment of this Act. (II)The parent or guardian of the displaced student chose to enroll the student in the eligible non-public school in which the student is enrolled. (III)The parent or guardian of the displaced student submitted an application requesting that the agency make a payment to an account on behalf of the student. (IV)The displaced student’s tuition and fees (and transportation expenses, if any) for the 2005–2006 school year is waived or reimbursed (by the eligible non-public school) in an amount that is not less than the amount of emergency impact aid payment provided on behalf of such student under this section. (B)In the case of an eligible BIA-funded school, the number of displaced students, including the number of displaced students who are served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), enrolled in such school for such quarter. (3)

Determination of number of displaced students

In determining the number of displaced students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include in such number the number of displaced students served during such quarter prior to the date of enactment of this Act. (d)

Amount of Emergency Impact Aid

(1)

Aid to state educational agencies

(A)

In general

The amount of emergency impact aid received by a State educational agency for the 2005–2006 school year shall equal the sum of— (i)the product of the number of displaced students (who are not served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.)), as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $6,000; and (ii)the product of the number of displaced students who are served under part B of the Individuals with Disabilities Education Act, as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $7,500. (B)

Insufficient funds

If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, the Secretary of Education shall ratably reduce the amount of such emergency impact aid. (2)

Aid to eligible local educational agencies and eligible bia-funded schools

(A)

Quarterly installments

(i)

In general

A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2005–2006 school year by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be based on the number of displaced students reported under subsection (c)(2) and in the amount determined under clause (ii). (ii)

Payment amount

Each quarterly installment payment under clause (i) shall equal 25 percent of the sum of— (I)the number of displaced students (who are not served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.)) reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $6,000; and (II)the number of displaced students who are served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $7,500. (iii)

Timeline

The Secretary of Education shall establish a timeline for quarterly reporting on the number of displaced students in order to make the appropriate disbursements in a timely manner. (iv)

Insufficient funds

If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments. (B)

Maximum payment to account

In providing quarterly payments to an account for the 2005–2006 school year on behalf of a displaced student for each quarter that such student is enrolled in a non-public school in the area served by the agency under subsection (e)(2), an eligible local educational agency may provide not more than 4 quarterly payments to such account, and the aggregate amount of such payments shall not exceed the lesser of— (i)(I)in the case of a displaced student who is not served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), $6,000; or (II)in the case of a displaced student who is served under part B of the Individuals with Disabilities Education Act, $7,500; or (ii)the cost of tuition and fees (and transportation expenses, if any) at the non-public school for the 2005–2006 school year. (e)

Use of Funds

(1)

Displaced students in public schools

An eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide instructional opportunities for displaced students who enroll in elementary schools and secondary schools (including charter schools) served by such agency or in such a school, and for other expenses incurred as a result of the agency or school serving displaced students, which uses may include— (A)paying the compensation of personnel, including teacher aides, in schools enrolling displaced students; (B)identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces; (C)basic instructional services for such students, including tutoring, mentoring, or academic counseling; (D)reasonable transportation costs; (E)health services (including counseling and mental health services); and (F)education and support services. (2)

Displaced students in non-public schools

(A)

In general

An eligible local educational agency that receives emergency impact aid payments under this section and that serves an area in which there is located an eligible non-public school shall, at the request of the parent or guardian of a displaced student who meets the criteria described in subsection (c)(2)(A)(ii) and who enrolled in a non-public school in an area served by the agency, use such emergency impact aid payment to provide payment on a quarterly basis (but not to exceed the total amount specified in subsection (d)(2)(B) for the 2005–2006 school year) to an account on behalf of such displaced student, which payment shall be used to assist in paying for any of the following: (i)Paying the compensation of personnel, including teacher aides, in the non-public school, which funds shall not be used for religious instruction, proselytization, or worship. (ii)Identifying and acquiring curricular material, including the costs of providing additional classroom supplies (which shall be secular, neutral, and shall not have a religious component), and mobile educational units and leasing sites or spaces, which shall not be used for religious instruction, proselytization, or worship. (iii)Basic instructional services, including tutoring, mentoring, or academic counseling, which services shall be secular and neutral and shall not be used for religious instruction, proselytization, or worship. (iv)Reasonable transportation costs. (v)Health services (including counseling and mental health services), which services shall be secular and neutral and shall not be used for religious instruction, proselytization, or worship. (vi)Education and support services, which services shall be secular and neutral and shall not be used for religious instruction, proselytization, or worship. (B)

Verification of enrollment

Before providing a quarterly payment to an account under subparagraph (A), the eligible local educational agency shall verify with the parent or guardian of a displaced student that such displaced student is enrolled in the non-public school. (3)

Provision of special education and related services

(A)

In general

In the case of a displaced student who is served under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), any payment made on behalf of such student to an eligible local educational agency or any payment available in an account for such student, shall be used to pay the cost of providing the student with special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (B)

Special rule

(i)

Retention

Notwithstanding any other provision of this section, if an eligible local educational agency provides services to a displaced student attending an eligible non-public school under section 612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the eligible local educational agency may retain a portion of the assistance received under this section for such student to pay the cost of providing such services. (ii)

Determination of portion

(I)

Guidelines

Each State shall issue guidelines that specify the portion of the assistance that an eligible local educational agency in the State may retain under this subparagraph. Each State shall apply such guidelines in a consistent manner throughout the State. (II)

Determination of portion

The portion specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the local educational agency. (C)

Definitions

In this paragraph: (i)

Special education; related services

The terms special education and related services have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (ii)

Individualized education program

The term individualized education program has the meaning given the term in section 614(d)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(2)). (f)

Return of Aid

(1)

Eligible local educational agency or eligible bia-funded school

An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2005–2006 school year in accordance with this section. (2)

State educational agency

A State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education— (A)any aid provided to the agency under this section that the agency has not obligated by the end of the 2005–2006 school year in accordance with this section; and (B)any payment funds returned to the State educational agency under paragraph (1). (g)

Limitation on Use of Aid and Payments

Aid and payments provided under this section shall only be used for expenses incurred during the 2005–2006 school year. (h)

Administrative Expenses

A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. (i)

Special Funding Rule

In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count displaced students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)). (j)

Notice of Option of Public School or Non-Public School Enrollment

Each State receiving emergency impact aid under this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section to an account who resides in such State, notification that such parent or guardian has the option of enrolling such student in a public school or a non-public school. (k)

By-Pass

If a State educational agency or eligible local educational agency is unable to carry out this section, the Secretary of Education may make such arrangements with the State as the Secretary determines appropriate to carry out this section on behalf of displaced students attending an eligible non-public school in the area served by such agency. For a State in which State law prohibits the State from using Federal funds to directly provide services on behalf of students attending non-public schools and provides that another entity shall provide such services, the Secretary of Education shall make such arrangements with that entity. (l)

Nondiscrimination

(1)

In general

A school that enrolls a displaced student under this section shall not discriminate against students on the basis of race, color, national origin, religion, disability, or sex. (2)

Applicability and single sex schools, classes, or activities

(A)

In general

To the extent consistent with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the prohibition of sex discrimination in paragraph (1) shall not apply to a non-public school that is controlled by a religious organization if the application of paragraph (1) would not be consistent with the religious tenets of such organization. (B)

Single sex schools, classes, or activities

Notwithstanding paragraph (1) and to the extent consistent with title IX of the Education Amendments of 1972, a parent or guardian may choose and a non-public school may offer a single sex school, class, or activity. (C)

Enrollment

The prohibition of religious discrimination in paragraph (1) shall not apply with regard to enrollment for a non-public school that is controlled by a religious organization, except in the case of the enrollment of displaced students assisted under this section. (3)

General provision

Nothing in this section may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (4)

Opt-in

A displaced student assisted under this section who is enrolled in a non-public school shall not participate in religious worship or religious classes at such school unless such student’s parent or guardian chooses to opt-in such student for such religious worship or religious classes. (5)

Rule of construction

The amount of any payment (or other form of support provided on behalf of a displaced student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws or for determining eligibility for any other Federal program. (m)

Treatment of State Aid

A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children.

7953.

Origination fees for student loans

(a)

Special Allowances

Notwithstanding section 438(c)(2) of the Higher Education Act of 1965 (as amended by this Act) (20 U.S.C. 1087–1(c)(2)), subparagraph (A) of section 438(c)(2) of such Act shall be applied by substituting 2.0 percent for 3.0 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2007. (b)

Origination Fees for Federal Direct Loans

Notwithstanding subsection (c) of section 455 of the Higher Education Act of 1965 (as amended by this Act) (20 U.S.C. 1087e(c)), the second sentence of such subsection shall be applied by substituting 2.0 percent for 2.5 percent with respect to loans for which the first disbursement of principal is made on or after July 1, 2007. (c)

Repeal of Origination Fees

(1)

Amendments

Sections 438(c) and 455(c) of the Higher Education Act of 1965 (20 U.S.C. 1087–1(c), 1087e(c)) are repealed. (2)

Effective date

The amendments made by paragraph (1) shall take effect on July 1, 2011. (d)

Nonapplicability of Sunset Provision

Section 7959 shall not apply to this section or to the amendments made by this section.

7954.

Authorization and appropriation of funds

There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, $1,660,000,000 to carry out this subtitle, of which— (1)$450,000,000 shall be available to carry out section 7952; (2)$10,000,000 shall be available to carry out section 7955; and (3)$1,200,000,000 shall be available to carry out section 7956.

7955.

Sunset provision

Except as otherwise provided in this subtitle, the provisions of this subtitle shall be effective for the period beginning on the date of enactment of this Act and ending on August 1, 2006.

A

AMTRAK REAUTHORIZATION

1.

Short title

This division may be cited as the Passenger Rail Investment and Improvement Act of 2005.

2.

Amendment of Title 49, United States Code

Except as otherwise specifically provided, whenever in this division an amendment is expressed in terms of an amendment to a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

Passed the Senate November 3, 2005. Secretary.