[Congressional Record Volume 151, Number 138 (Wednesday, October 26, 2005)]
[Senate]
[Pages S11924-S11948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 2268. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Section 316 of the Immigration and Nationality 
     Act (8 U.S.C. 1427), is amended by adding at the end the 
     following:
       ``(g)(1) The continuous residency requirement under 
     subsection (a) may be reduced to 3 years for an applicant for 
     naturalization if--
       ``(A) the applicant is the beneficiary of an approved 
     petition for classification under section 204(a)(1)(E);
       ``(B) the applicant has been approved for adjustment of 
     status under section 245(a); and
       ``(C) such reduction is necessary for the applicant to 
     represent the United States at an international event.
       ``(2) The Secretary of Homeland Security shall adjudicate 
     an application for naturalization under this section not 
     later than 30 days after the submission of such application 
     if the applicant--
       ``(A) requests such expedited adjudication in order to 
     represent the United States at an international event; and
       ``(B) demonstrates that such expedited adjudication is 
     related to such representation.
       ``(3) An applicant is ineligible for expedited adjudication 
     under paragraph (2) if the Secretary of Homeland Security 
     determines that such expedited adjudication poses a risk to 
     national security. Such a determination by the Secretary 
     shall not be subject to review.
       ``(4)(A) In addition to any other fee authorized by law, 
     the Secretary of Homeland Security shall charge and collect a 
     $1,000 premium processing fee from each applicant described 
     in this subsection to offset the additional costs incurred to 
     expedite the processing of applications under this 
     subsection.
       ``(B) The fee collected under subparagraph (A) shall be 
     deposited as offsetting collections in the Immigration 
     Examinations Fee Account.''.
       (b) The amendment made by subsection (a) is repealed on 
     January 1, 2006.
                                 ______
                                 
  SA 2269. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) None of the funds made available in this Act 
     may be used to provide abstinence education that includes 
     information that is medically inaccurate. For purposes of 
     this section, the term ``medically inaccurate'' means 
     information that is unsupported or contradicted by peer-
     reviewed research by leading medical, psychological, 
     psychiatric, and public health publications, organizations 
     and agencies.
                                 ______
                                 
  SA 2270. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 178, after line 25, insert the following:
       Sec. __. None of the funds made available under this Act 
     may be used to enroll beneficiaries under Part D of title 
     XVIII of the Social Security Act for a prescription drug plan 
     or an MA-PD plan that contains an initial coverage limit (as 
     described in section 1860D-2(b)(3) of such Act), unless the 
     beneficiary signs a certification of the following in a 
     typeface of not less than 18 points: ``I understand that the 
     Medicare Prescription Drug Plan or MA-PD Plan that I am 
     signing up for may result in a gap in coverage during a given 
     year. I understand that if subject to this gap in coverage, I 
     will be responsible for paying 100 percent of the cost of my 
     prescription drugs and will continue to be responsible for 
     paying the plan's monthly premium while subject to this gap 
     in coverage.''.
                                 ______
                                 
  SA 2271. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Notwithstanding any other provision of law, the 
     Secretary of Health and Human Services shall compute a DSH 
     allotment for the State of Hawaii for fiscal year 2006 for 
     purposes of the Medicaid program under title XIX of the 
     Social Security Act that is comparable to the DSH allotments 
     determined under that program for other States with a 
     statewide waiver in effect under section 1115 of such Act.
                                 ______
                                 
  SA 2272. Mr. NELSON of Nebraska (for himself and Mr. DeWine) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3010, making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 222, between lines 5 and 6, insert the following:
       Sec. ___. (a) Congress makes the following findings:
       (1) The American Jobs Creation Act of 2004 permitted the 
     outsourcing or privatization by the Internal Revenue Service 
     of collection of unpaid and past due federal income taxes.
       (2) The Internal Revenue Service is about to issue to 
     private-sector debt collection companies tax collection 
     contracts that will create up to 4,000 well paying private-
     sector jobs.
       (3) If the same tax collection activities were conducted by 
     Federal employees, Federal law would give preferences in 
     employment to disabled veterans in filling those federal 
     jobs.
       (4) By enacting legislation to improve the Internal Revenue 
     Service's tax collection efforts and outsourcing or 
     privatizing those efforts, Congress did not intend to curtail 
     the Nation's long-standing commitment to creating meaningful 
     job opportunities for disabled veterans and other persons 
     with severe disabilities.
       (5) The contracts the Internal Revenue Service will execute 
     with private-sector debt collection companies provide a 
     unique opportunity for the Federal government to stimulate 
     the creation of well paying jobs for disabled veterans and 
     other persons with disabilities.
       (b) It is the sense of the Senate that--
       (1) the Secretary of the Treasury should, to the maximum 
     extent practicable, ensure that existing Federal employment 
     preferences for disabled veterans and Federal policies 
     promoting opportunities for other disabled persons are 
     carried forward as a part of any tax collection contract 
     program carried out under section 6306 of the Internal 
     Revenue Code of 1986, as added by the American Jobs Creation 
     Act of 2004, and
       (2) the criteria applied by the Internal Revenue Service in 
     awarding contracts to private-sector tax collection companies 
     under such program should incorporate a preference for 
     companies hiring disabled veterans and other disabled 
     persons.
                                 ______
                                 
  SA 2273. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:

     SEC. __. ADDITIONAL FUNDING FOR PART A OF TITLE I OF ESEA.

       In addition to amounts otherwise appropriated under this 
     Act, there are appropriated, out of any money in the Treasury 
     not otherwise appropriated, $85,000,000 to ensure that the 
     amount of Federal assistance received under part A of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.) by a local educational agency for fiscal 
     year 2006 is not less than the amount of Federal assistance 
     received by such agency under such part for fiscal year 2005.
                                 ______
                                 
  SA 2274. Mr. NELSON of Nebraska (for himself and Mr. Carper) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3010, making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 158, strike lines 12 through 21 and insert the 
     following:

     bus Budget Reconciliation Act of 1981, $3,483,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $300,000,000, to remain available 
     until expended: Provided, That these funds are for the 
     unanticipated home energy assistance

[[Page S11925]]

     needs of one or more States, as authorized by section 2604(e) 
     of the Act: Provided further, That the entire amount is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


             general provision--revenue raising provisions

     SEC. __. PARTIAL PAYMENTS REQUIRED WITH SUBMISSION OF OFFERS-
                   IN-COMPROMISE.

       (a) In General.--Section 7122 of the Internal Revenue Code 
     of 1986 (relating to compromises) is amended by redesignating 
     subsections (c) and (d) as subsections (d) and (e), 
     respectively, and by inserting after subsection (b) the 
     following new subsection:
       ``(c) Rules for Submission of Offers-in-Compromise.--
       ``(1) Partial payment required with submission.--
       ``(A) Lump-sum offers.--
       ``(i) In general.--The submission of any lump-sum offer-in-
     compromise shall be accompanied by the payment of 20 percent 
     of amount of such offer.
       ``(ii) Lump-sum offer-in-compromise.--For purposes of this 
     section, the term `lump-sum offer-in-compromise' means any 
     offer of payments made in 5 or fewer installments.
       ``(B) Periodic payment offers.--The submission of any 
     periodic payment offer-in-compromise shall be accompanied by 
     the payment of the amount of the first proposed installment 
     and each proposed installment due during the period such 
     offer is being evaluated for acceptance and has not been 
     rejected by the Secretary. Any failure to make a payment 
     required under the preceding sentence shall be deemed a 
     withdrawal of the offer-in-compromise.
       ``(2) Rules of application.--
       ``(A) Use of payment.--The application of any payment made 
     under this subsection to the assessed tax or other amounts 
     imposed under this title with respect to such tax may be 
     specified by the taxpayer.
       ``(B) No user fee imposed.--Any user fee which would 
     otherwise be imposed under this section shall not be imposed 
     on any offer-in-compromise accompanied by a payment required 
     under this subsection.''.
       (b) Additional Rules Relating to Treatment of Offers.--
       (1) Unprocessable offer if payment requirements are not 
     met.--Paragraph (3) of section 7122(d) of the Internal 
     Revenue Code of 1986 (relating to standards for evaluation of 
     offers), as redesignated by subsection (a), is amended by 
     striking ``; and'' at the end of subparagraph (A) and 
     inserting a comma, by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(C) any offer-in-compromise which does not meet the 
     requirements of subsection (c) shall be returned to the 
     taxpayer as unprocessable.''.
       (2) Deemed acceptance of offer not rejected within certain 
     period.--Section 7122 of such Code, as amended by subsection 
     (a), is amended by adding at the end the following new 
     subsection:
       ``(f) Deemed Acceptance of Offer Not Rejected Within 
     Certain Period.--Any offer-in-compromise submitted under this 
     section shall be deemed to be accepted by the Secretary if 
     such offer is not rejected by the Secretary before the date 
     which is 24 months after the date of the submission of such 
     offer (12 months for offers-in-compromise submitted after the 
     date which is 5 years after the date of the enactment of this 
     subsection). For purposes of the preceding sentence, any 
     period during which any tax liability which is the subject of 
     such offer-in-compromise is in dispute in any judicial 
     proceeding shall not be taken in to account in determining 
     the expiration of the 24-month period (or 12-month period, if 
     applicable).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to offers-in-compromise submitted on and after 
     the date which is 60 days after the date of the enactment of 
     this Act.

     SEC. __. TREATMENT OF CONTINGENT PAYMENT CONVERTIBLE DEBT 
                   INSTRUMENTS.

       (a) In General.--Section 1275(d) of the Internal Revenue 
     Code of 1986 (relating to regulation authority) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Treatment of contingent payment convertible debt.--
       ``(A) In general.--In the case of a debt instrument which--
       ``(i) is convertible into stock of the issuing corporation, 
     into stock or debt of a related party (within the meaning of 
     section 267(b) or 707(b)(1)), or into cash or other property 
     in an amount equal to the approximate value of such stock or 
     debt, and
       ``(ii) provides for contingent payments,

     any regulations which require original issue discount to be 
     determined by reference to the comparable yield of a 
     noncontingent fixed-rate debt instrument shall be applied as 
     if the regulations require that such comparable yield be 
     determined by reference to a noncontingent fixed-rate debt 
     instrument which is convertible into stock.
       ``(B) Special rule.--For purposes of subparagraph (A), the 
     comparable yield shall be determined without taking into 
     account the yield resulting from the conversion of a debt 
     instrument into stock.''.
       (b) Cross Reference.--Section 163(e)(6) of the Internal 
     Revenue Code of 1986 (relating to cross references) is 
     amended by adding at the end the following:
       ``For the treatment of contingent payment convertible debt, 
     see section 1275(d)(2).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to debt instruments issued on or after the date 
     of the enactment of this Act.

     SEC. __. IMPOSITION OF MARK-TO-MARKET TAX ON INDIVIDUALS WHO 
                   EXPATRIATE.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1of the Internal Revenue Code of 1986 is amended by 
     inserting after section 877 the following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--Except as provided in subsections 
     (d) and (f), all property of a covered expatriate to whom 
     this section applies shall be treated as sold on the day 
     before the expatriation date for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply to any such loss.

     Proper adjustment shall be made in the amount of any gain or 
     loss subsequently realized for gain or loss taken into 
     account under the preceding sentence.
       ``(3) Exclusion for certain gain.--
       ``(A) In general.--The amount which, but for this 
     paragraph, would be includible in the gross income of any 
     individual by reason of this section shall be reduced (but 
     not below zero) by $600,000. For purposes of this paragraph, 
     allocable expatriation gain taken into account under 
     subsection (f)(2) shall be treated in the same manner as an 
     amount required to be includible in gross income.
       ``(B) Cost-of-living adjustment.--
       ``(i) In general.--In the case of an expatriation date 
     occurring in any calendar year after 2005, the $600,000 
     amount under subparagraph (A) shall be increased by an amount 
     equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2004' for `calendar year 1992' in 
     subparagraph (B) thereof.

       ``(ii) Rounding rules.--If any amount after adjustment 
     under clause (i) is not a multiple of $1,000, such amount 
     shall be rounded to the next lower multiple of $1,000.
       ``(4) Election to continue to be taxed as united states 
     citizen.--
       ``(A) In general.--If a covered expatriate elects the 
     application of this paragraph--
       ``(i) this section (other than this paragraph and 
     subsection (i)) shall not apply to the expatriate, but
       ``(ii) in the case of property to which this section would 
     apply but for such election, the expatriate shall be subject 
     to tax under this title in the same manner as if the 
     individual were a United States citizen.
       ``(B) Requirements.--Subparagraph (A) shall not apply to an 
     individual unless the individual--
       ``(i) provides security for payment of tax in such form and 
     manner, and in such amount, as the Secretary may require,
       ``(ii) consents to the waiver of any right of the 
     individual under any treaty of the United States which would 
     preclude assessment or collection of any tax which may be 
     imposed by reason of this paragraph, and
       ``(iii) complies with such other requirements as the 
     Secretary may prescribe.
       ``(C) Election.--An election under subparagraph (A) shall 
     apply to all property to which this section would apply but 
     for the election and, once made, shall be irrevocable. Such 
     election shall also apply to property the basis of which is 
     determined in whole or in part by reference to the property 
     with respect to which the election was made.
       ``(b) Election to Defer Tax.--
       ``(1) In general.--If the taxpayer elects the application 
     of this subsection with respect to any property treated as 
     sold by reason of subsection (a), the payment of the 
     additional tax attributable to such property shall be 
     postponed until the due date of the return for the taxable 
     year in which such property is disposed of (or, in the case 
     of property disposed of in a transaction in which gain is not 
     recognized in whole or in part, until such other date as the 
     Secretary may prescribe).
       ``(2) Determination of tax with respect to property.--For 
     purposes of paragraph (1), the additional tax attributable to 
     any property is an amount which bears the same ratio to the 
     additional tax imposed by this chapter for the taxable year 
     solely by reason of subsection (a) as the gain taken into 
     account under subsection (a) with respect to such property 
     bears to the total gain taken into account under subsection 
     (a) with respect to all property to which subsection (a) 
     applies.
       ``(3) Termination of postponement.--No tax may be postponed 
     under this subsection later than the due date for the return 
     of tax imposed by this chapter for the taxable year

[[Page S11926]]

     which includes the date of death of the expatriate (or, if 
     earlier, the time that the security provided with respect to 
     the property fails to meet the requirements of paragraph (4), 
     unless the taxpayer corrects such failure within the time 
     specified by the Secretary).
       ``(4) Security.--
       ``(A) In general.--No election may be made under paragraph 
     (1) with respect to any property unless adequate security is 
     provided to the Secretary with respect to such property.
       ``(B) Adequate security.--For purposes of subparagraph (A), 
     security with respect to any property shall be treated as 
     adequate security if--
       ``(i) it is a bond in an amount equal to the deferred tax 
     amount under paragraph (2) for the property, or
       ``(ii) the taxpayer otherwise establishes to the 
     satisfaction of the Secretary that the security is adequate.
       ``(5) Waiver of certain rights.--No election may be made 
     under paragraph (1) unless the taxpayer consents to the 
     waiver of any right under any treaty of the United States 
     which would preclude assessment or collection of any tax 
     imposed by reason of this section.
       ``(6) Elections.--An election under paragraph (1) shall 
     only apply to property described in the election and, once 
     made, is irrevocable. An election may be made under paragraph 
     (1) with respect to an interest in a trust with respect to 
     which gain is required to be recognized under subsection 
     (f)(1).
       ``(7) Interest.--For purposes of section 6601--
       ``(A) the last date for the payment of tax shall be 
     determined without regard to the election under this 
     subsection, and
       ``(B) section 6621(a)(2) shall be applied by substituting 
     `5 percentage points' for `3 percentage points' in 
     subparagraph (B) thereof.
       ``(c) Covered Expatriate.--For purposes of this section--
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `covered expatriate' means an expatriate.
       ``(2) Exceptions.--An individual shall not be treated as a 
     covered expatriate if--
       ``(A) the individual--
       ``(i) became at birth a citizen of the United States and a 
     citizen of another country and, as of the expatriation date, 
     continues to be a citizen of, and is taxed as a resident of, 
     such other country, and
       ``(ii) has not been a resident of the United States (as 
     defined in section 7701(b)(1)(A)(ii)) during the 5 taxable 
     years ending with the taxable year during which the 
     expatriation date occurs, or
       ``(B)(i) the individual's relinquishment of United States 
     citizenship occurs before such individual attains age 18\1/
     2\, and
       ``(ii) the individual has been a resident of the United 
     States (as so defined) for not more than 5 taxable years 
     before the date of relinquishment.
       ``(d) Exempt Property; Special Rules for Pension Plans.--
       ``(1) Exempt property.--This section shall not apply to the 
     following:
       ``(A) United states real property interests.--Any United 
     States real property interest (as defined in section 
     897(c)(1)), other than stock of a United States real property 
     holding corporation which does not, on the day before the 
     expatriation date, meet the requirements of section 
     897(c)(2).
       ``(B) Specified property.--Any property or interest in 
     property not described in subparagraph (A) which the 
     Secretary specifies in regulations.
       ``(2) Special rules for certain retirement plans.--
       ``(A) In general.--If a covered expatriate holds on the day 
     before the expatriation date any interest in a retirement 
     plan to which this paragraph applies--
       ``(i) such interest shall not be treated as sold for 
     purposes of subsection (a)(1), but
       ``(ii) an amount equal to the present value of the 
     expatriate's nonforfeitable accrued benefit shall be treated 
     as having been received by such individual on such date as a 
     distribution under the plan.
       ``(B) Treatment of subsequent distributions.--In the case 
     of any distribution on or after the expatriation date to or 
     on behalf of the covered expatriate from a plan from which 
     the expatriate was treated as receiving a distribution under 
     subparagraph (A), the amount otherwise includible in gross 
     income by reason of the subsequent distribution shall be 
     reduced by the excess of the amount includible in gross 
     income under subparagraph (A) over any portion of such amount 
     to which this subparagraph previously applied.
       ``(C) Treatment of subsequent distributions by plan.--For 
     purposes of this title, a retirement plan to which this 
     paragraph applies, and any person acting on the plan's 
     behalf, shall treat any subsequent distribution described in 
     subparagraph (B) in the same manner as such distribution 
     would be treated without regard to this paragraph.
       ``(D) Applicable plans.--This paragraph shall apply to--
       ``(i) any qualified retirement plan (as defined in section 
     4974(c)),
       ``(ii) an eligible deferred compensation plan (as defined 
     in section 457(b)) of an eligible employer described in 
     section 457(e)(1)(A), and
       ``(iii) to the extent provided in regulations, any foreign 
     pension plan or similar retirement arrangements or programs.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes 
     citizenship, and
       ``(B) any long-term resident of the United States who--
       ``(i) ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)), or
       ``(ii) commences to be treated as a resident of a foreign 
     country under the provisions of a tax treaty between the 
     United States and the foreign country and who does not waive 
     the benefits of such treaty applicable to residents of the 
     foreign country.
       ``(2) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date of the event described in clause (i) or (ii) 
     of paragraph (1)(B).
       ``(3) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces such individual's 
     United States nationality before a diplomatic or consular 
     officer of the United States pursuant to paragraph (5) of 
     section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.

     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(4) Long-term resident.--The term `long-term resident' 
     has the meaning given to such term by section 877(e)(2).
       ``(f) Special Rules Applicable to Beneficiaries' Interests 
     in Trust.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     an individual is determined under paragraph (3) to hold an 
     interest in a trust on the day before the expatriation date--
       ``(A) the individual shall not be treated as having sold 
     such interest,
       ``(B) such interest shall be treated as a separate share in 
     the trust, and
       ``(C)(i) such separate share shall be treated as a separate 
     trust consisting of the assets allocable to such share,
       ``(ii) the separate trust shall be treated as having sold 
     its assets on the day before the expatriation date for their 
     fair market value and as having distributed all of its assets 
     to the individual as of such time, and
       ``(iii) the individual shall be treated as having 
     recontributed the assets to the separate trust.

     Subsection (a)(2) shall apply to any income, gain, or loss of 
     the individual arising from a distribution described in 
     subparagraph (C)(ii). In determining the amount of such 
     distribution, proper adjustments shall be made for 
     liabilities of the trust allocable to an individual's share 
     in the trust.
       ``(2) Special rules for interests in qualified trusts.--
       ``(A) In general.--If the trust interest described in 
     paragraph (1) is an interest in a qualified trust--
       ``(i) paragraph (1) and subsection (a) shall not apply, and
       ``(ii) in addition to any other tax imposed by this title, 
     there is hereby imposed on each distribution with respect to 
     such interest a tax in the amount determined under 
     subparagraph (B).
       ``(B) Amount of tax.--The amount of tax under subparagraph 
     (A)(ii) shall be equal to the lesser of--
       ``(i) the highest rate of tax imposed by section 1(e) for 
     the taxable year which includes the day before the 
     expatriation date, multiplied by the amount of the 
     distribution, or
       ``(ii) the balance in the deferred tax account immediately 
     before the distribution determined without regard to any 
     increases under subparagraph (C)(ii) after the 30th day 
     preceding the distribution.
       ``(C) Deferred tax account.--For purposes of subparagraph 
     (B)(ii)--
       ``(i) Opening balance.--The opening balance in a deferred 
     tax account with respect to any trust interest is an amount 
     equal to the tax which would have been imposed on the 
     allocable expatriation gain with respect to the trust 
     interest if such gain had been included in gross income under 
     subsection (a).
       ``(ii) Increase for interest.--The balance in the deferred 
     tax account shall be increased by the amount of interest 
     determined (on the balance in the account at the time the 
     interest accrues), for periods after the 90th day after the 
     expatriation date, by using the rates and method applicable 
     under section 6621 for underpayments of tax for such periods, 
     except that section 6621(a)(2) shall be applied by 
     substituting `5 percentage points' for `3 percentage points' 
     in subparagraph (B) thereof.

[[Page S11927]]

       ``(iii) Decrease for taxes previously paid.--The balance in 
     the tax deferred account shall be reduced--

       ``(I) by the amount of taxes imposed by subparagraph (A) on 
     any distribution to the person holding the trust interest, 
     and
       ``(II) in the case of a person holding a nonvested 
     interest, to the extent provided in regulations, by the 
     amount of taxes imposed by subparagraph (A) on distributions 
     from the trust with respect to nonvested interests not held 
     by such person.

       ``(D) Allocable expatriation gain.--For purposes of this 
     paragraph, the allocable expatriation gain with respect to 
     any beneficiary's interest in a trust is the amount of gain 
     which would be allocable to such beneficiary's vested and 
     nonvested interests in the trust if the beneficiary held 
     directly all assets allocable to such interests.
       ``(E) Tax deducted and withheld.--
       ``(i) In general.--The tax imposed by subparagraph (A)(ii) 
     shall be deducted and withheld by the trustees from the 
     distribution to which it relates.
       ``(ii) Exception where failure to waive treaty rights.--If 
     an amount may not be deducted and withheld under clause (i) 
     by reason of the distributee failing to waive any treaty 
     right with respect to such distribution--

       ``(I) the tax imposed by subparagraph (A)(ii) shall be 
     imposed on the trust and each trustee shall be personally 
     liable for the amount of such tax, and
       ``(II) any other beneficiary of the trust shall be entitled 
     to recover from the distributee the amount of such tax 
     imposed on the other beneficiary.

       ``(F) Disposition.--If a trust ceases to be a qualified 
     trust at any time, a covered expatriate disposes of an 
     interest in a qualified trust, or a covered expatriate 
     holding an interest in a qualified trust dies, then, in lieu 
     of the tax imposed by subparagraph (A)(ii), there is hereby 
     imposed a tax equal to the lesser of--
       ``(i) the tax determined under paragraph (1) as if the day 
     before the expatriation date were the date of such cessation, 
     disposition, or death, whichever is applicable, or
       ``(ii) the balance in the tax deferred account immediately 
     before such date.

     Such tax shall be imposed on the trust and each trustee shall 
     be personally liable for the amount of such tax and any other 
     beneficiary of the trust shall be entitled to recover from 
     the covered expatriate or the estate the amount of such tax 
     imposed on the other beneficiary.
       ``(G) Definitions and special rules.--For purposes of this 
     paragraph--
       ``(i) Qualified trust.--The term `qualified trust' means a 
     trust which is described in section 7701(a)(30)(E).
       ``(ii) Vested interest.--The term `vested interest' means 
     any interest which, as of the day before the expatriation 
     date, is vested in the beneficiary.
       ``(iii) Nonvested interest.--The term `nonvested interest' 
     means, with respect to any beneficiary, any interest in a 
     trust which is not a vested interest. Such interest shall be 
     determined by assuming the maximum exercise of discretion in 
     favor of the beneficiary and the occurrence of all 
     contingencies in favor of the beneficiary.
       ``(iv) Adjustments.--The Secretary may provide for such 
     adjustments to the bases of assets in a trust or a deferred 
     tax account, and the timing of such adjustments, in order to 
     ensure that gain is taxed only once.
       ``(v) Coordination with retirement plan rules.--This 
     subsection shall not apply to an interest in a trust which is 
     part of a retirement plan to which subsection (d)(2) applies.
       ``(3) Determination of beneficiaries' interest in trust.--
       ``(A) Determinations under paragraph (1).--For purposes of 
     paragraph (1), a beneficiary's interest in a trust shall be 
     based upon all relevant facts and circumstances, including 
     the terms of the trust instrument and any letter of wishes or 
     similar document, historical patterns of trust distributions, 
     and the existence of and functions performed by a trust 
     protector or any similar adviser.
       ``(B) Other determinations.--For purposes of this section--
       ``(i) Constructive ownership.--If a beneficiary of a trust 
     is a corporation, partnership, trust, or estate, the 
     shareholders, partners, or beneficiaries shall be deemed to 
     be the trust beneficiaries for purposes of this section.
       ``(ii) Taxpayer return position.--A taxpayer shall clearly 
     indicate on its income tax return--

       ``(I) the methodology used to determine that taxpayer's 
     trust interest under this section, and
       ``(II) if the taxpayer knows (or has reason to know) that 
     any other beneficiary of such trust is using a different 
     methodology to determine such beneficiary's trust interest 
     under this section.

       ``(g) Termination of Deferrals, Etc.--In the case of any 
     covered expatriate, notwithstanding any other provision of 
     this title--
       ``(1) any period during which recognition of income or gain 
     is deferred shall terminate on the day before the 
     expatriation date, and
       ``(2) any extension of time for payment of tax shall cease 
     to apply on the day before the expatriation date and the 
     unpaid portion of such tax shall be due and payable at the 
     time and in the manner prescribed by the Secretary.
       ``(h) Imposition of Tentative Tax.--
       ``(1) In general.--If an individual is required to include 
     any amount in gross income under subsection (a) for any 
     taxable year, there is hereby imposed, immediately before the 
     expatriation date, a tax in an amount equal to the amount of 
     tax which would be imposed if the taxable year were a short 
     taxable year ending on the expatriation date.
       ``(2) Due date.--The due date for any tax imposed by 
     paragraph (1) shall be the 90th day after the expatriation 
     date.
       ``(3) Treatment of tax.--Any tax paid under paragraph (1) 
     shall be treated as a payment of the tax imposed by this 
     chapter for the taxable year to which subsection (a) applies.
       ``(4) Deferral of tax.--The provisions of subsection (b) 
     shall apply to the tax imposed by this subsection to the 
     extent attributable to gain includible in gross income by 
     reason of this section.
       ``(i) Special Liens for Deferred Tax Amounts.--
       ``(1) Imposition of lien.--
       ``(A) In general.--If a covered expatriate makes an 
     election under subsection (a)(4) or (b) which results in the 
     deferral of any tax imposed by reason of subsection (a), the 
     deferred amount (including any interest, additional amount, 
     addition to tax, assessable penalty, and costs attributable 
     to the deferred amount) shall be a lien in favor of the 
     United States on all property of the expatriate located in 
     the United States (without regard to whether this section 
     applies to the property).
       ``(B) Deferred amount.--For purposes of this subsection, 
     the deferred amount is the amount of the increase in the 
     covered expatriate's income tax which, but for the election 
     under subsection (a)(4) or (b), would have occurred by reason 
     of this section for the taxable year including the 
     expatriation date.
       ``(2) Period of lien.--The lien imposed by this subsection 
     shall arise on the expatriation date and continue until--
       ``(A) the liability for tax by reason of this section is 
     satisfied or has become unenforceable by reason of lapse of 
     time, or
       ``(B) it is established to the satisfaction of the 
     Secretary that no further tax liability may arise by reason 
     of this section.
       ``(3) Certain rules apply.--The rules set forth in 
     paragraphs (1), (3), and (4) of section 6324A(d) shall apply 
     with respect to the lien imposed by this subsection as if it 
     were a lien imposed by section 6324A.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Inclusion in Income of Gifts and Bequests Received by 
     United States Citizens and Residents From Expatriates.--
     Section 102 of the Internal Revenue Code of 1986 (relating to 
     gifts, etc. not included in gross income) is amended by 
     adding at the end the following new subsection:
       ``(d) Gifts and Inheritances From Covered Expatriates.--
       ``(1) In general.--Subsection (a) shall not exclude from 
     gross income the value of any property acquired by gift, 
     bequest, devise, or inheritance from a covered expatriate 
     after the expatriation date. For purposes of this subsection, 
     any term used in this subsection which is also used in 
     section 877A shall have the same meaning as when used in 
     section 877A.
       ``(2) Exceptions for transfers otherwise subject to estate 
     or gift tax.--Paragraph (1) shall not apply to any property 
     if either--
       ``(A) the gift, bequest, devise, or inheritance is--
       ``(i) shown on a timely filed return of tax imposed by 
     chapter 12 as a taxable gift by the covered expatriate, or
       ``(ii) included in the gross estate of the covered 
     expatriate for purposes of chapter 11 and shown on a timely 
     filed return of tax imposed by chapter 11 of the estate of 
     the covered expatriate, or
       ``(B) no such return was timely filed but no such return 
     would have been required to be filed even if the covered 
     expatriate were a citizen or long-term resident of the United 
     States.''.
       (c) Definition of Termination of United States 
     Citizenship.--Section 7701(a) of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(49) Termination of united states citizenship.--
       ``(A) In general.--An individual shall not cease to be 
     treated as a United States citizen before the date on which 
     the individual's citizenship is treated as relinquished under 
     section 877A(e)(3).
       ``(B) Dual citizens.--Under regulations prescribed by the 
     Secretary, subparagraph (A) shall not apply to an individual 
     who became at birth a citizen of the United States and a 
     citizen of another country.''.
       (d) Ineligibility for Visa or Admission to United States.--
       (1) In general.--Section 212(a)(10)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to 
     read as follows:
       ``(E) Former citizens not in compliance with expatriation 
     revenue provisions.--Any alien who is a former citizen of the 
     United States who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3) of the Internal 
     Revenue Code of 1986) and who is not in compliance with 
     section 877A of such Code (relating to expatriation).''.
       (2) Availability of information.--

[[Page S11928]]

       (A) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 (relating to disclosure of returns and return 
     information for purposes other than tax administration) is 
     amended by adding at the end the following new paragraph:
       ``(21) Disclosure to deny visa or admission to certain 
     expatriates.--Upon written request of the Attorney General or 
     the Attorney General's delegate, the Secretary shall disclose 
     whether an individual is in compliance with section 877A (and 
     if not in compliance, any items of noncompliance) to officers 
     and employees of the Federal agency responsible for 
     administering section 212(a)(10)(E) of the Immigration and 
     Nationality Act solely for the purpose of, and to the extent 
     necessary in, administering such section 212(a)(10)(E).''.
       (B) Safeguards.--Section 6103(p)(4) of such Code (relating 
     to safeguards) is amended by striking ``or (20)'' each place 
     it appears and inserting ``(20), or (21)''.
       (3) Effective dates.--The amendments made by this 
     subsection shall apply to individuals who relinquish United 
     States citizenship on or after the date of the enactment of 
     this Act.
       (e) Conforming Amendments.--
       (1) Section 877 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subsection:
       ``(h) Application.--This section shall not apply to an 
     expatriate (as defined in section 877A(e)) whose expatriation 
     date (as so defined) occurs on or after the date of the 
     enactment of the Safe, Accountable, Flexible, and Efficient 
     Transportation Equity Act of 2005.''.
       (2) Section 2107 of such Code is amended by adding at the 
     end the following new subsection:
       ``(f) Application.--This section shall not apply to any 
     expatriate subject to section 877A.''.
       (3) Section 2501(a)(3) of such Code is amended by adding at 
     the end the following new subparagraph:
       ``(C) Application.--This paragraph shall not apply to any 
     expatriate subject to section 877A.''.
       (f) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 877 the following new item:

``Sec. 877A. Tax responsibilities of expatriation.''.

       (g) Effective Date.--
       (1) In general.--Except as provided in this subsection, the 
     amendments made by this section shall apply to expatriates 
     (within the meaning of section 877A(e) of the Internal 
     Revenue Code of 1986, as added by this section) whose 
     expatriation date (as so defined) occurs on or after the date 
     of the enactment of this Act.
       (2) Gifts and bequests.--Section 102(d) of the Internal 
     Revenue Code of 1986 (as added by subsection (b)) shall apply 
     to gifts and bequests received on or after the date of the 
     enactment of this Act, from an individual or the estate of an 
     individual whose expatriation date (as so defined) occurs 
     after such date.
       (3) Due date for tentative tax.--The due date under section 
     877A(h)(2) of the Internal Revenue Code of 1986, as added by 
     this section, shall in no event occur before the 90th day 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2275. Mr. BYRD (for himself, Mr. Lieberman, Mr. Corzine, Mr. 
Rockefeller, Mr. Schumer, Mr. Kerry, Mr. Reed, Mr. Reid, Mr. Kennedy, 
Mr. Bingaman, Mr. Dodd, Mr. Kohl, Mrs. Murray, Mr. Lautenberg, Ms. 
Mikulski, Mrs. Clinton, and Mr. Dayton) proposed an amendment to the 
bill H.R. 3010, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:

     SEC. __. ADDITIONAL TITLE I FUNDING.

       In addition to amounts otherwise appropriated under this 
     Act, there are appropriated, out of any money in the Treasury 
     not otherwise appropriated, $5,000,000,000 for carrying out 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.), of which--
       (1) $2,500,000,000 shall be for targeted grants under 
     section 1125 of such Act; and
       (2) $2,500,000,000 shall be for education finance incentive 
     grants under section 1125A of such Act.
                                 ______
                                 
  SA 2276. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 165, strike line 2 and insert the following:

     for a study of the system's effectiveness: Provided further, 
     That the total amount made available under this heading shall 
     be increased by $15,000,000, which shall be for carrying out 
     the National Youth Sports Program under the Community 
     Services Block Grant Act.


                      general provision--reduction

       Sec. __. Notwithstanding any other provision of this Act, 
     $338,614,000 shall be the total amount made available under 
     the heading ``general departmental management'' under the 
     heading ``Office of the Secretary'' (other than funds 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act, and amounts available under 
     section 241 of the Public Health Service Act, as described 
     under such headings).
                                 ______
                                 
  SA 2277. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 112, strike lines 17 and 18 and insert the 
     following:

     Workforce Investment Act of 1998; $2,867,806,000 plus 
     reimbursements, of which $1,871,518,000 is available for 
     obli-
       On page 113, strike lines 8 through 13 and insert the 
     following:

     $1,148,264,000 shall be for activities described in section 
     132(a)(2)(B) of such Act: Provided further, That $125,000,000 
     shall be available for Community-Based Job Training Grants, 
     and not more than an additional $125,000,000 may be used by 
     the Secretary of Labor for such grants from funds reserved 
     under section 132(a)(2)(A) of the Workforce Investment Act of 
     1998, to carry out such grants under sec-
       On page 132, line 9, strike ``$320,250,000'' and insert 
     ``$240,250,000, of which $13,248,000 is for such management 
     or operation of activities conducted by or through the Bureau 
     of International Labor Affairs, and''
                                 ______
                                 
  SA 2278. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 116, line 9, strike ``$132,825,000, together with'' 
     and insert ``$119,825,000: Provided, That amounts provided 
     for in this Act for suicide prevention activities under the 
     Garrett Lee Smith Memorial Act (Public law 108-355) shall be 
     increased by $13,000,000: Provided further,'' That''.
                                 ______
                                 
  SA 2279. Mr. FEINGOLD (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. The Secretary of Health and Human Services shall 
     make available $800,000, from amounts appropriated in this 
     Act for General Departmental Management for the Department of 
     Health and Human Services, to carry out section 312 of the 
     Public Health Service Act (42 U.S.C. 244).
                                 ______
                                 
  SA 2280. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 178, after line 25, insert the following:
       Sec. 222. Section 640(i) of the Head Start Act (42 U.S.C. 
     9835(i)) is amended--
       (1) by striking ``(i) The'' and inserting the following:
       ``(i) Transportation Safety.--
       ``(1) Regulations.--The''; and
       (2) by adding at the end the following:
       ``(2) Waiver authority.--
       ``(A) In general.--The Secretary may waive, for a period 
     not to exceed 2 years, any requirement of regulations 
     promulgated under paragraph (1) for 1 or more vehicles used 
     by the agency or its designee in transporting children 
     enrolled in a Head Start program or an Early Head Start 
     program for vehicles operated by a direct or indirect 
     recipient of funding from the Federal Transit Administration 
     if, in addition to meeting all Federal Motor Vehicle Safety 
     Standards normally applicable to transit vehicles, transit 
     buses used by the agency or its designee for Head Start 
     transportation also comply with the following Federal Motor 
     Vehicle Safety Standards:
       ``(i) Standard number 220 (School Bus Rollover Protection).
       ``(ii) Standard number 221 (School Bus Body Joint 
     Strength).
       ``(iii) Standard number 301 (Fuel System Integrity).
       ``(iv) Standard number 207 (Seating Systems) and standard 
     number 208 (Occupant

[[Page S11929]]

     Crash Protection) or standard number 222 (School Bus 
     Passenger Seating and Crash Protection).
       ``(v) Standard number 209 (Seat Belt Assemblies) and 
     standard number 210 (Seat Belt Assembly Anchorages).
       ``(B) Bus monitor.--A waiver of the bus monitor requirement 
     may be granted if the agency or its designee is transporting 
     less than 5 children who are enrolled in a Head Start program 
     or an Early Head Start program.''.
                                 ______
                                 
  SA 2281. Mr. HARKIN (for himself, Mr. Kennedy, Mr. Reid, Mr. Durbin, 
Mr. Bayh, and Mr. Johnson) submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 22, at the appropriate place at the end of Title V, 
     insert the following:
                               TITLE   .

     SECTION 101.

       (a) From the money in the Treasury not otherwise obligated 
     or appropriated, there are appropriated to the Centers for 
     Disease Control and Prevention $7,975,000,000 for activities 
     relating to a pandemic influenza epidemic during the fiscal 
     year ending September 30, 2006, which shall be available 
     until expended.
       (b) Of the amount appropriated under subsection (a)--
       (1) $3,680,000,000 shall be for stockpiling of antivirals 
     and necessary medical supplies relating to pandemic influenza 
     and public health infrastructure, of which not less than 
     $600,000,000 shall be for grants to state and local public 
     health agencies for emergency preparedness;
       (2) $60,000,000 shall be for global surveillance relating 
     to avian flu;
       (3) $3,300,000 shall be to increase the national investment 
     in domestic vaccine infrastructure including development and 
     research;
       (4) $750,000,000 shall be for improving hospital 
     preparedness and surge capacity and health information 
     technology systems and networks to improve detection of 
     influenza outbreaks;
       (5) $75,000,000 shall be for risk communication and 
     outreach to providers, businesses, and to the American 
     public;
       (6) $100,000,000 shall be for research and CDC lab capacity 
     related to pandemic influenza; and
       (7) $10,000,000 for surveillance of migratory birds for the 
     occurrence of influenza.
       (c) This title shall take effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 2282. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On Page 165, before the period on line 5, insert the 
     following:
       : Provided, That the Secretary shall undertake a family 
     reunification effort in concert with national non-profit 
     organizations engaged in similar efforts
                                 ______
                                 
  SA 2283. Mr. HARKIN (for himself, Mr. Kennedy, Mr. Reid, Mr. Durbin, 
Mr. Obama, Mr. Bayh, Mr. Kohl, Ms. Mikulski, Mrs. Clinton, Mr. Johnson, 
Mr. Dayton, and Mr. Byrd) proposed an amendment to the bill H.R. 3010, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:



 =========================== NOTE =========================== 

  
  On page S11929, October 26, 2005, under ``SA 2283'', the 
following sentence appeared: SA 2283. Mr. HARKIN (for himself, Mr. 
Kennedy, Mr. Reid, Mr. Durbin, Mr. Obama, Mr. Bayh, Mr. Kohl, Ms. 
Mikulski, Mrs. Clinton, Mr. Johnson, and Mr. Dayton).
  
  The online version has been corrected to read: SA 2283. Mr. 
HARKIN (for himself, Mr. Kennedy, Mr. Reid, Mr. Durbin, Mr. Obama, 
Mr. Bayh, Mr. Kohl, Ms. Mikulski, Mrs. Clinton, Mr. Johnson, Mr. 
Dayton, and Mr. Byrd).


 ========================= END NOTE ========================= 

       On page 222, at the appropriate place at the end of Title 
     V, insert the following:
                               TITLE   .

     SECTION 101.

       (a) From the money in the Treasury not otherwise obligated 
     or appropriated, there are appropriated to the Centers for 
     Disease Control and Prevention $7,975,000,000 for activities 
     relating to a pandemic influenza epidemic during the fiscal 
     year ending September 30, 2006, which shall be available 
     until expended.
       (b) Of the amount appropriated under subsection (a)--
       (1) $3,680,000,000 shall be for stockpiling of antivirals 
     and necessary medical supplies relating to pandemic influenza 
     and public health infrastructure, of which not less than 
     $600,000,000 shall be for grants to state and local public 
     health agencies for emergency preparedness;
       (2) $60,000,000 shall be for global surveillance relating 
     to avian flu;
       (3) $3,300,000 shall be to increase the national investment 
     in domestic vaccine infrastructure including development and 
     research;
       (4) $750,000,000 shall be for improving hospital 
     preparedness and surge capacity and health information 
     technology systems and networks to improve detection of 
     influenza outbreaks;
       (5) $75,000,000 shall be for risk communication and 
     outreach to providers, businesses, and to the American 
     public;
       (6) $100,000,000 shall be for research and CDC lab capacity 
     related to pandemic influenza; and
       (7) $10,000,000 for surveillance of migratory birds for the 
     occurrence of influenza.
       (c) This title shall take effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 2284. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

TITLE __--ELEMENTARY AND SECONDARY EDUCATION ASSISTANCE TO STUDENTS AND 
                 SCHOOLS IMPACTED BY HURRICANE KATRINA

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Hurricane Katrina 
     Elementary and Secondary Education Recovery Act''.

     SEC. __. 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 
     title 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.
       (5) The level and type of assistance provided under this 
     title, both for students attending public schools and 
     students attending non-public schools, is being authorized 
     solely because of the unprecedented nature of the crisis, the 
     massive dislocation of students, and the short duration of 
     assistance.

     SEC. __. WAIVERS AND OTHER ACTIONS.

       (a) Current Waiver and Other Authority.--The Secretary of 
     Education is encouraged to exercise the maximum waiver 
     authority available or exercise other actions for States, 
     local educational agencies, and schools affected by Hurricane 
     Katrina with respect to the waiver authority or authorization 
     of actions provided under the following provisions of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.):
       (1) Section 1111(b)(3)(C)(vii) of such Act (20 U.S.C. 
     6311(b)(3)(C)(vii)).
       (2) Section 1111(b)(7) of such Act (20 U.S.C. 6311(b)(7)).
       (3) Section 1111(c)(1) of such Act (20 U.S.C. 6311(c)(1)).
       (4) Section 1111(h)(2)(A)(i) of such Act (20 U.S.C. 
     6311(h)(2)(A)(i)).
       (5) Section 1116(b)(7)(D) of such Act (20 U.S.C. 
     6316(b)(7)(D)).
       (6) Section 1116(c)(10)(F) of such Act (20 U.S.C. 
     6316(c)(10)(F)).
       (7) Section 1125A(e)(3) of such Act (20 U.S.C. 6337(e)(3)).
       (8) Section 3122(a)(3)(B) of such Act (20 U.S.C. 
     6842(a)(3)(B)).
       (9) Section 5141(c) of such Act (20 U.S.C. 7217(c)).
       (10) Section 7118(c)(3)(A) of such Act (20 U.S.C. 
     7428(c)(3)(A)).
       (11) Section 9521(c) of such Act (20 U.S.C. 7901(c)).
       (b) Report on Waivers.--Not later than December 31, 2005, 
     the Secretary of Education shall prepare and submit a report 
     on the States and local educational agencies requesting a 
     waiver of any provision under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) and the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) due to the impact of Hurricane Katrina to the 
     Committee on Education and the Workforce and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate.

     SEC. __. PROVIDING ADDITIONAL SUPPORT FOR STUDENTS AFFECTED 
                   BY HURRICANE KATRINA.

       (a) Grants to States Authorized.--From amounts appropriated 
     under subsection (g), the Secretary of Education is 
     authorized to make grants to States for assistance to 
     eligible local educational agencies to enable the agencies to 
     provide services, programs, and activities as described in 
     subsection (c).
       (b) State Applications.--A State that desires to receive a 
     grant 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 may 
     reasonably require.
       (c) Assistance to Local Educational Agencies.--A State that 
     receives a grant

[[Page S11930]]

     under subsection (a) shall use the funds made available 
     through the grant to provide assistance to eligible local 
     educational agencies to enable such agencies to provide, to 
     students displaced by Hurricane Katrina or students attending 
     a school in an area described in subsection (f)(1)--
       (1) supplemental educational services consistent with the 
     definitions, criteria, and amounts established under section 
     1116(e) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6316(e)); or
       (2) additional programs and activities under part B of 
     title IV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7171 et seq.) relating to 21st century 
     community learning centers.
       (d) Local Applications.--An eligible local educational 
     agency that desires to receive assistance under this section 
     from a State shall submit an application to the State at such 
     time, in such manner, and accompanied by such information as 
     the State may reasonably require.
       (e) Interaction With the ESEA.--An eligible local 
     educational agency providing services described in subsection 
     (c)(1) may provide such services to a student displaced by 
     Hurricane Katrina regardless of the status of the school 
     under section 1116(b) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6316(b)) that such student 
     attends.
       (f) Definition of Eligible Local Educational Agency.--In 
     this section, the term ``eligible local educational agency'' 
     means--
       (1) a local educational agency 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; 
     or
       (2) a local educational agency that enrolls a student 
     displaced from an area where 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.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     fiscal year 2006.

     SEC. __. 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 section, 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.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $900,000,000 for 
     fiscal year 2006.

     SEC. __. 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.

     SEC. __. 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.

[[Page S11931]]

     SEC. __. 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 available under subsection 
     (c) 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).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $50,000,000.

     SEC. __. ALTERNATIVE EDUCATION PROGRAMS FOR DISPLACED 
                   ADOLESCENT STUDENTS.

       (a) Definitions.--In this section:
       (1) Alternative education program.--The term ``alternative 
     education program'' means a transitional program that 
     provides displaced adolescent students with--
       (A) instruction in reading, mathematics, writing, study 
     skills, and other relevant subjects;
       (B) counseling;
       (C) tutoring;
       (D) activities designed to familiarize the displaced 
     adolescent students with the range of career options 
     available to the students;
       (E) mentoring;
       (F) test preparation for college entrance examinations, 
     including the PSAT, SAT, and ACT;
       (G) counseling on the financial aid available for 
     postsecondary education; or
       (H) job readiness skills and career and technical 
     education.
       (2) Displaced adolescent student.--The term ``displaced 
     adolescent student'' means a secondary school student who--
       (A) 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;
       (B) cannot continue enrollment in a secondary school 
     because of Hurricane Katrina; and
       (C) is expected to obtain a secondary school diploma by the 
     end of the 2006-2007 school year.
       (3)  Eligible entity.--The term ``eligible entity'' means a 
     State educational agency, local educational agency, or 
     consortium of such agencies, located 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, 
     that--
       (A) demonstrates a need for additional funds in order to 
     provide an alternative education program to displaced 
     adolescent students; and
       (B) has the ability to administer the alternative education 
     program and to serve displaced adolescent students.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (b) Program Authorized.--From amounts appropriated under 
     this section for fiscal year 2006, the Secretary shall award 
     grants to States for assistance to eligible entities to 
     enable the entities to develop and carry out alternative 
     education programs for displaced adolescent students.
       (c) State Applications.--A State desiring a grant 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) Assistance to Eligible Entities.--
       (1) In general.--A State that receives a grant under this 
     section may use the funds made available through the grant to 
     provide assistance to eligible entities to enable the 
     eligible entities to develop and carry out alternative 
     education programs for displaced adolescent students.
       (2) Partnerships.--An eligible entity may apply for 
     assistance under this section in partnership with 1 or more 
     community-based organizations or institutions of higher 
     education (as such term is defined in section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 1001)), or both.
       (e) Local Applications.--An eligible entity desiring 
     assistance under this section from a State shall submit an 
     application to the Governor of the State at such time, in 
     such manner, and containing such information as the Governor 
     may require. At a minimum, the Governor shall require an 
     entity that desires to carry out an alternative education 
     program in an area in which another organization is carrying 
     out an alternative education program to provide an assurance 
     that the entity will coordinate activities carried out under 
     its program with the activities carried out by the 
     organization under its program
       (f) Uses of Funds.--An eligible entity that receives 
     assistance under this section shall use the assistance to 
     carry out an alternative education program that meets the 
     needs of displaced adolescent students, including the 
     staffing, curricular materials, and other programmatic costs 
     needed to carry out the alternative education program.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2006.

     SEC. __. GENERAL PROVISION.

       Nothing in the previous 9 sections of this title shall be 
     construed to permit discrimination on the basis of race, 
     color, religion, sex (except as otherwise permitted under 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.)), national origin, or disability in any program 
     funded under such sections.

     SEC. __. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED 
                   STUDENTS.

       (a) Temporary Emergency Impact Aid Authorized.--
       (1) Aid to state educational agencies.--From amounts 
     appropriated under subsection (o), 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

[[Page S11932]]

       (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 title.
       (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 title.
       (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

[[Page S11933]]

     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) Termination of Authority.--The authority provided by 
     this section shall terminate on August 1, 2006.
       (k) 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.
       (l) 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.
       (m) 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.
       (n) 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.
       (o) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,400,000,000 
     for fiscal year 2006.

     SEC. __. SUNSET PROVISION.

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

     SEC. __. FUNDING.

       (a) In General.--Notwithstanding any other provision of 
     law, of the amounts made available to the Department of 
     Homeland Security under the heading ``Disaster Relief'' under 
     the heading ``EMERGENCY PREPAREDNESS AND RESPONSE'' of Public 
     Law 109-62 (119) Stat. 1991), not less than $3,450,000,000 
     shall be available to the heads of the appropriate 
     departments or agencies of the Federal Government to carry 
     out the programs and activities authorized under this title.
       (b) Available Until Expended.--The amounts appropriated 
     under subsection (a) shall remain available until expended.
                                 ______
                                 
  SA 2285. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       At the end of title II (before the short title), insert the 
     following:
       Sec. __. (a) There are appropriated $3,000,000 to the 
     Office of Inspector General to conduct a investigation of the 
     management of the Food and Drug Administration to pursue 
     examples of mismanagement and promote economy and efficiency 
     in the Department.
       (b) The investigation under subsection (a) shall not 
     include any investigation of a former Commissioner of Food 
     and Drugs, but shall include investigation of the actions by 
     the Food and Drug Administration with respect to the over-
     the-counter application for the drug Plan B.
       (c) Not later than 60 days after the date of enactment of 
     this Act, the Inspector General shall complete the 
     investigation under this section and submit a report to the 
     Subcommittee on Labor, Health and Human Services, Education 
     and Related Agencies of the Committee on Appropriations of 
     the Senate on the findings of such investigation.
       (d) Notwithstanding any other provision of this title, 
     amounts made available under this Act for the Office of the 
     Secretary shall be reduced by $3,000,000 and transferred to 
     the Office of Inspector General to conduct the investigation 
     under this section.
                                 ______
                                 
  SA 2286. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __. In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated, $2,476,514 for the 
     Gaining Early Awareness and Readiness for Undergraduate 
     Programs under chapter 2 of subpart 2 of part A of title IV 
     of the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et 
     seq.).
                                 ______
                                 
  SA 2287. Mrs. BOXER (for herself and Mr. Ensign) submitted an 
amendment

[[Page S11934]]

intended to be proposed by her to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. 21ST CENTURY COMMUNITY LEARNING CENTERS.

       (a) Funding Increase.--In addition to amounts otherwise 
     appropriated under this Act, there is appropriated 
     $51,900,000 for 21st century community learning centers under 
     part B of title IV of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7171 et seq.).
       (b) Offset From Title I Departmental Management.--The 
     amounts appropriated under title I under the heading 
     ``Departmental Management'' for salaries and expenses shall 
     be reduced by $51,900,000.
                                 ______
                                 
  SA 2288. Ms. STABENOW (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts appropriated in this title for the Office 
     of the National Coordinator for Health Information Technology 
     shall be increased by $29,850,000: Provided, That funds made 
     available for General Department Management under the heading 
     Office of the Secretary shall be reduced by $29,850,000.
                                 ______
                                 
  SA 2289. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 178, after line 25, insert the following:
       Sec. ___. (a) In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated, $15,121,000 for 
     activities authorized by the Help America Vote Act of 2002, 
     of which $10,000,000 shall be for payments to States to 
     promote access for voters with disabilities, and of which 
     $5,121,000 shall be for payments to States for protection and 
     advocacy systems for voters with disabilities.
       (b) Notwithstanding any other provision of this Act, 
     amounts made available under this title for the 
     administration and related expenses shall be reduced by 
     $15,121,000 from other services.
                                 ______
                                 
  SA 2290. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 158, strike lines 12 through 21 and insert the 
     following:
     bus Budget Reconciliation Act of 1981, $3,159,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $300,000,000, to remain available 
     until expended: Provided, That these funds are for the 
     unanticipated home energy assistance needs of one or more 
     States, as authorized by section 2604(e) of the Act: Provided 
     further, That the entire amount is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


              general provision--reduction and rescission

       Sec. __. (a) Amounts made available in this Act, not 
     otherwise required by law, are reduced by 0.982 percent.
       (b) The reduction described in subsection (a) shall not 
     apply to amounts made available under this Act--
       (1) for the account under the heading ``low-income home 
     energy assistance''; or
       (2) for the account under the heading ``Refugee and Entrant 
     Assistance'' (with respect to amounts designated as emergency 
     requirements).
       Sec. __. (a) There is rescinded an amount equal to 0.981 
     percent of the budget authority provided in any prior 
     appropriation Act for fiscal year 2006, for any discretionary 
     account described in this Act.
       (b) Any rescission made by subsection (a) shall be applied 
     proportionately--
       (1) to each discretionary account described in subsection 
     (a) to the extent that it relates to budget authority 
     described in subsection (a), and to each item of budget 
     authority described in subsection (a); and
       (2) within each such account or item, to each program, 
     project, and activity (as delineated in the appropriation Act 
     or accompanying report for the relevant fiscal year covering 
     such account or item).
       (c) The rescission described in subsection (a) shall not 
     apply to budget authority provided as described in subsection 
     (a)--
       (1) for the account under the heading ``low-income home 
     energy assistance''; or
       (2) for the account under the heading ``Refugee and Entrant 
     Assistance (with respect to amounts designated as emergency 
     requirements)''.
                                 ______
                                 
  SA 2291. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 178, after line 25, insert the following:
       Sec. __. (a) Notwithstanding any other provision of law, 
     none of the funds made available under this Act may be used 
     to implement or enforce the interim final rule published in 
     the Federal Register by the Centers for Medicare & Medicaid 
     Services on August 26, 2005 (70 Fed. Reg. 50940) or any 
     corresponding similar regulation or ruling--
       (1) prior to April 1, 2006; and
       (2) on or after April 1, 2006, unless the Secretary of 
     Health and Human Services publishes--
       (A) by not later than January 1, 2006, a proposed rule with 
     respect to motorized or powered wheelchairs, followed by a 
     45-day period to comment on the proposed rule; and
       (B) by not later than February 14, 2006, a final rule with 
     respect to motorized or powered wheelchairs, followed by a 
     45-day transition period for implementation of the final 
     rule.
       (b)(1) Notwithstanding any other provision of law, with 
     respect to a covered item consisting of a motorized or power 
     wheelchair furnished during 2006, the Secretary of Health and 
     Human Services shall reduce the payment amount otherwise 
     applicable under section 1834 of the Social Security Act (42 
     U.S.C. 1395m) for such item by 1.5 percent.
       (2) The payment reduction provided under paragraph (1) for 
     2006--
       (A) shall not apply to a covered item consisting of a 
     motorized or power wheelchair that is furnished after 2006; 
     and
       (B) shall not be taken into account in calculating the 
     payment amounts applicable for such a covered item furnished 
     after 2006.
                                 ______
                                 
  SA 2292. Mrs. CLINTON (for herself, Mr. Dodd, Mr. Kennedy, Mr. 
Jeffords, Ms. Stabenow, Mr. Dayton, Mr. Lieberman, Mr. Reid, Mr. 
Lautenberg, Mr. Kohl, Mr. Corzine, Ms. Mikulski, Mr. Durbin, Mr. 
Rockefeller, Mr. Johnson, and Mr. Kerry) proposed an amendment to the 
bill H.R. 3010, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __. In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated, $3,958,901,143 for 
     carrying out part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.).
                                 ______
                                 
  SA 2293. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds appropriated under this Act 
     shall be used to enforce or otherwise comply with the 
     provisions of Proclamation 7924 (70 Fed. Reg. 54227), as 
     issued by the President, relating to the suspension of the 
     application of the provisions of subchapter IV of chapter 31 
     of title 40, United States Code (commonly referred to as the 
     Davis-Bacon Act).
                                 ______
                                 
  SA 2294. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:

     SEC. __. ASSESSMENT OF MATHEMATICS AND SCIENCE PARTNERSHIPS 
                   PROGRAM.

       (a) In General.--The Secretary of Education shall conduct 
     an assessment of the Mathematics and Science Partnerships 
     program under part B of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.). The 
     assessment shall--
       (1) include the current participation level of businesses 
     and nonprofit organizations in the program;

[[Page S11935]]

       (2) include a comparative analysis between those 
     partnerships that include either a business or a nonprofit 
     organization and those that do not;
       (3) include a general comparative survey of other competing 
     nations that involve businesses in similar programs;
       (4) include the level of interest and demand by 
     institutions of higher education and high-need local 
     educational agencies for business participation in the 
     program;
       (5) include a determination as to whether greater 
     participation in the program by businesses and nonprofit 
     organizations would improve the program's effectiveness and 
     efficiency in meeting the goals of such program and better 
     ensures that the learning process is geared towards the 
     development of marketable skills for teachers and students;
       (6) include a list of possible incentives for greater 
     business involvement in the program; and
       (7) determine whether additional business participation in 
     the program would help address the critical need for a 
     strong, highly skilled workforce in science, technology, 
     engineering, and mathematics.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this section, the Secretary of Education shall 
     report the Secretary's findings to Congress.
                                 ______
                                 
  SA 2295. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 115, strike line 15, and insert the following:
     under title I of the Workforce Investment Act of 1998, or to 
     approve, through regulatory or administrative action, the 
     redesignation of local areas that were in effect under 
     subtitle B of that title on June 30, 2005 and that have 
     substantially met (as defined by the State board involved) 
     the local performance measures for the local areas under that 
     subtitle and sustained the fiscal integrity of the funds used 
     by the areas to carry out activities under that subtitle (as 
     specified in section 116(a)(3)(B) of that Act but 
     notwithstanding the time limits specified in section 
     116(a)(3)(B) of that Act), until
                                 ______
                                 
  SA 2296. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 222, between lines 5 and 6, insert the following:

                       TITLE VI--KATRINA RECOVERY

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Louisiana Katrina Recovery 
     Act of 2005''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Louisiana Katrina Recovery Administrator.
       (2) Agency.--The term ``agency'' has the meaning given the 
     term under section 551(1) of title 5, United States Code.
       (3) Office.--The term ``Office'' means the Office of the 
     Louisiana Katrina Recovery Administrator.
       (4) Recovery.--The term ``recovery'' includes relief, 
     rebuilding, and reconstruction.

     SEC. 603. ESTABLISHMENT.

       (a) Establishment.--There is established within the 
     Executive Office of the President, the Office of the 
     Louisiana Katrina Recovery Administrator.
       (b) Administrator.--
       (1) Appointment.--The Louisiana Katrina Recovery 
     Administrator shall be the head of the Office. Not later than 
     30 days after the date of enactment of this Act, the 
     President shall appoint the Administrator.
       (2) Qualifications.--The individual appointed as 
     Administrator--
       (A) shall be a United States citizen at least 30 years of 
     age; and
       (B) shall be appointed on the basis of--
       (i) extensive business and management experience;
       (ii) demonstrated political independence and integrity; and
       (iii) independence from financial interests associated with 
     recovery from Hurricane Katrina in Louisiana.

     SEC. 604. AUTHORITIES AND FUNCTIONS.

       (a) In General.--The Administrator shall--
       (1) provide leadership in--
       (A) developing a plan for the recovery of areas in 
     Louisiana adversely impacted by Hurricane Katrina; and
       (B) ensuring accountability in and transparency of recovery 
     efforts;
       (2) have management and oversight authority of all agencies 
     in all Federal activities and the use of Federal resources 
     relating to the recovery from Hurricane Katrina in Louisiana;
       (3) ensure the activities and resources referred to under 
     paragraph (2) are performed and used in the most efficient 
     and effective manner practicable;
       (4) coordinate the efforts of the Federal Government and 
     the State and local governments of Louisiana in the recovery 
     from Hurricane Katrina in Louisiana; and
       (5) after consultation with the relevant head of an agency, 
     have the authority to--
       (A) if necessary to ensure streamlined Federal action and 
     avoid unnecessary bureaucratic delays in long-term recovery 
     efforts, direct the head of an agency to exercise any 
     administrative waiver authority of that agency relating to a 
     requirement of Federal law, including any waiver authority 
     under section 301 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5141); and
       (B) extend any such waiver for any period until the 
     termination of the Office.
       (b) Chairperson of the Interagency Working Group.--
       (1) Establishment.--There is established the Louisiana 
     Katrina Interagency Working Group (in this subsection 
     referred to as the ``Working Group''). The Administrator 
     shall be the Chairperson of the Working Group.
       (2) Functions.--The Working Group shall coordinate with the 
     Administrator to carry out this title.
       (3) Members.--The Working Group shall include--
       (A) the Secretary of Housing and Urban Development;
       (B) the Secretary of Commerce;
       (C) the Secretary of Education;
       (D) the Secretary of Labor;
       (E) the Secretary of Agriculture;
       (F) the Administrator of the Small Business Administration;
       (G) the Director of the Environmental Protection Agency; 
     and
       (H) any other head of an agency, as determined by the 
     President.
       (4) Termination.--The Working Group shall terminate on the 
     date of the termination of the Office.

     SEC. 605. ADMINISTRATIVE AND SUPPORT SERVICES.

       The President shall provide administrative and support 
     services (including personnel) for the Office.

     SEC. 606. LOUISIANA KATRINA ADVISORY BOARD.

       (a) Establishment.--There is established the Louisiana 
     Katrina Advisory Board (in this section referred to as the 
     ``Board'').
       (b) Membership.--The Board shall be comprised of 6 members, 
     none of whom shall be an elected official, and of whom--
       (1) 2 shall be appointed by the President;
       (2) 2 shall be appointed by the Governor of the State of 
     Louisiana;
       (3) 1 shall be appointed by the mayor of the city of New 
     Orleans; and
       (4) 2 shall be appointed by a majority of the parish 
     presidents of Jefferson, Plaquemines, St. Bernard, St. 
     Tammany, and Washington Parishes, Louisiana.
       (c) Duties.--The Board shall provide advice and 
     recommendations to the Administrator to carry out the 
     purposes of this title.
       (d) Chairperson.--The Administrator shall designate 1 
     member as Chairperson of the Board.
       (e) Powers of the Board.--
       (1) Hearings.--The Board may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Board considers advisable to 
     carry out this section.
       (2) Information from federal agencies.--The Board may 
     secure directly from any Federal department or agency such 
     information as the Board considers necessary to carry out 
     this section. Upon request of the Chairperson of the Board, 
     the head of such department or agency shall furnish such 
     information to the Board.
       (3) Postal services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other departments and agencies of the Federal Government.
       (4) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.
       (f) Board Personnel Matters.--
       (1) Compensation of members.--Each member of the Board who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Board. All members of the Board who are officers or 
     employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States.
       (2) Travel expenses.--The members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Board.
       (3) Staff.--
       (A) In general.--The Chairperson of the Board may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Board to perform 
     its duties. The employment of an executive director shall be 
     subject to confirmation by the Board.
       (B) Compensation.--The Chairperson of the Board may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate

[[Page S11936]]

     of pay for the executive director and other personnel may not 
     exceed the rate payable for level V of the Executive Schedule 
     under section 5316 of such title.
       (C) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Board who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (ii) Members of board.--Subparagraph (A) shall not be 
     construed to apply to members of the Board.
       (4) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Board without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson of the Board may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (g) Termination of the Board.--The Board shall terminate on 
     the date of the termination of the Office of the Louisiana 
     Katrina Recovery Administrator.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to the Board to 
     carry out this title.

     SEC. 607. DISAPPROVAL RESOLUTIONS.

       (a) In General.--Notwithstanding any other provision of 
     this title, if Congress enacts a joint resolution as provided 
     under this section--
       (1) a waiver under section 604(a)(5) shall not take effect 
     or cease to be in effect, as the case may be; or
       (2) notwithstanding section 610(b), the Office shall 
     terminate.
       (b) Contents of Resolution.--For the purpose of subsection 
     (a), the term ``joint resolution'' means a joint resolution, 
     the matter after the resolving clause of which is only 1 of 
     the following:
       ``That Congress disapproves the waiver extension under 
     section 604(a)(5) of the Louisiana Katrina Recovery Act of 
     2005 relating to ______ (the blank space being appropriately 
     filled in).''.
       ``The Congress disapproves the extension of termination 
     under section 610(b) of the Louisiana Katrina Recovery Act of 
     2005, of which the President submitted notice to Congress on 
     ______ (the blank space being filled in by the appropriate 
     date).''.
       (c) Referral to Committee.--A resolution described in 
     subsection (b) introduced in the House of Representatives 
     shall be referred to the Committee on Homeland Security of 
     the House of Representatives. A resolution described in 
     subsection (b) introduced in the Senate shall be referred to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate. Such a resolution may not be reported before 
     the 8th day after its introduction.
       (d) Discharge of Committee.--If the committee to which is 
     referred a resolution described in subsection (b) has not 
     reported such resolution (or an identical resolution) at the 
     end of 15 calendar days after its introduction, such 
     committee shall be deemed to be discharged from further 
     consideration of such resolution and such resolution shall be 
     placed on the appropriate calendar of the House involved.
       (e) Floor Consideration.--
       (1) In general.--When the committee to which a resolution 
     is referred has reported, or has been deemed to be discharged 
     (under subsection (d)) from further consideration of, a 
     resolution described in subsection (b), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution, and all points of order against the 
     resolution (and against consideration of the resolution) are 
     waived. The motion is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, or to a 
     motion to postpone, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the resolution is agreed to, the resolution shall remain 
     the unfinished business of the respective House until 
     disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. A 
     motion further to limit debate is in order and not debatable. 
     An amendment to, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the resolution is not in order. A motion to 
     reconsider the vote by which the resolution is agreed to or 
     disagreed to is not in order.
       (3) Vote on final passage.--Immediately following the 
     conclusion of the debate on a resolution described in 
     subsection (b), and a single quorum call at the conclusion of 
     the debate if requested in accordance with the rules of the 
     appropriate House, the vote on final passage of the 
     resolution shall occur.
       (4) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate or the House of Representatives, as the 
     case may be, to the procedure relating to a resolution 
     described in subsection (b) shall be decided without debate.
       (f) Coordination With Action by Other House.--If, before 
     the passage by 1 House of a resolution of that House 
     described in subsection (b), that House receives from the 
     other House a resolution described in subsection (b) relating 
     to the same matter, then the following procedures shall 
     apply:
       (1) The resolution of the other House shall not be referred 
     to a committee.
       (2) With respect to a resolution described in subsection 
     (b) of the House receiving the resolution--
       (A) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (B) the vote on final passage shall be on the resolution of 
     the other House.
       (g) Rules of House of Representatives and Senate.--This 
     subsection is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (b), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 608. SPECIAL INSPECTOR GENERAL FOR RELIEF AND 
                   RECONSTRUCTION.

       (a) Redesignation.--(1) Section 3001 of the Emergency 
     Supplemental Appropriations Act for Defense and for the 
     Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
     106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note) is 
     amended--
       (A) in subsection (b), by striking ``Office of the Special 
     Inspector General for Iraq Reconstruction'' and inserting 
     ``Office of the Special Inspector General for Relief and 
     Reconstruction''; and
       (B) in subsection (c)(1), by striking all after ``The head 
     of the Office of the Special Inspector General'' and 
     inserting ``for Relief and Reconstruction is the Special 
     Inspector General for Relief and Reconstruction (in this 
     section referred to as the `Inspector General'). If a vacancy 
     occurs after the service of the individual as provided under 
     section 608(b) of the Louisiana Katrina Recovery Act of 2005, 
     the Inspector General shall be appointed by the President, by 
     and with the advice and consent of the Senate.''.
       (2)(A) The heading of such section is amended to read as 
     follows:

     ``SEC. 3001. SPECIAL INSPECTOR GENERAL FOR RELIEF AND 
                   RECONSTRUCTION.''.

       (B) The heading of title III of such Act is amended to read 
     as follows:

``TITLE III--SPECIAL INSPECTOR GENERAL FOR RELIEF AND RECONSTRUCTION''.

       (b) Continuation in Office.--The individual serving as the 
     Special Inspector General for Iraq Reconstruction as of the 
     date of the enactment of this Act may continue to serve as 
     the Special Inspector General for Relief and Reconstruction 
     (with all additional duties and responsibilities as provided 
     under this title) after that date without reappointment under 
     paragraph (1) of section 3001(c) of the Emergency 
     Supplemental Appropriations Act for Defense and for the 
     Reconstruction of Iraq and Afghanistan, 2004, but remaining 
     subject to removal as specified in paragraph (4) of that 
     section.
       (c) Purposes.--Subsection (a) of such section is amended--
       (1) in paragraph (1), by inserting ``and for Hurricane 
     Katrina recovery activities'' after ``Iraq Relief and 
     Reconstruction Fund''; and
       (2) in paragraph (3), by striking ``the Secretary of State 
     and the Secretary of Defense'' and inserting ``the Secretary 
     of State, the Secretary of Homeland Security, the Secretary 
     of Defense, and the heads of other Federal agencies, as 
     appropriate,''.
       (d) Responsibilities of Assistant Inspector General for 
     Auditing.--Subsection (d) of such section is amended to read 
     as follows:
       ``(d) Assistant Inspectors General.--(1) The Inspector 
     General shall, in accordance with applicable laws and 
     regulations governing the civil service--
       ``(A) appoint 1 or more Assistant Inspectors General for 
     Auditing who shall have the responsibility for supervising 
     the performance of auditing activities relating to--
       ``(i) programs and operations supported by the Iraq Relief 
     and Reconstruction Fund; and
       ``(ii) programs and operations relating to Hurricane 
     Katrina recovery activities; and
       ``(B) appoint 1 or more Assistant Inspectors General for 
     Investigations who shall have the responsibility for 
     supervising the performance of investigative activities 
     relating to such programs and operations.''.
       (e) Supervision.--Such section is further amended--
       (1) in subsection (e)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1)(A) Except as provided in paragraph (2), the Inspector 
     General shall report directly

[[Page S11937]]

     to, and be under the general supervision of, the Secretary of 
     State and the Secretary of Defense with respect to activities 
     relating to the Iraq Relief and Reconstruction Fund.
       ``(B) Except as provided in paragraph (2), the Inspector 
     General shall report directly to, and be under the general 
     supervision of, the Director of the Office of Management and 
     Budget and the Secretary of Homeland Security with respect to 
     activities relating to Hurricane Katrina recovery 
     activities.''; and
       (B) in paragraph (2)--
       (i) by striking ``Department of Defense, the Department of 
     State, or the United States Agency for International 
     Development'' and inserting ``Federal Government''; and
       (ii) by inserting ``and Hurricane Katrina recovery 
     activities'' after ``Iraq Relief and Reconstruction Fund'';
       (2) in subsection (f)--
       (A) in paragraph (1)--
       (i) by inserting ``(A)'' after ``(1)'';
       (ii) by redesignating subparagraphs (A) through (E) as 
     clauses (i) through (v), respectively; and
       (iii) by adding at the end the following:
       ``(B) It shall be the duty of the Inspector General to 
     conduct and coordinate audits and investigations of the 
     treatment, handling, and expenditure of amounts appropriated 
     or otherwise made available for Hurricane Katrina recovery by 
     the Federal Government, and of the programs, operations, and 
     contracts carried out utilizing such funds, including--
       ``(i) the oversight and accounting of the obligation and 
     expenditure of such funds;
       ``(ii) the monitoring and review of reconstruction 
     activities funded by such funds;
       ``(iii) the monitoring and review of contracts funded by 
     such funds;
       ``(iv) the monitoring and review of the transfer of such 
     funds and associated information between and among 
     departments, agencies, and entities of the United States, 
     State and local governments, and private and nongovernmental 
     entities;
       ``(v) the maintenance of records on the use of such funds 
     to facilitate future audits and investigations of the use of 
     such funds; and
       ``(vi) the monitoring of Federal grants and benefit 
     programs.''; and
       (B) in paragraph (4)--
       (i) by inserting ``(A)'' after ``(4)'';
       (ii) by striking all after ``cooperation of'' and inserting 
     ``the inspectors general and auditing entities of all other 
     Federal departments and agencies.''; and
       (iii) by adding at the end the following:
       ``(B)(i) The Inspector General shall ensure, to the 
     greatest extent possible, that the activities of the 
     Inspector General do not duplicate audits and investigations 
     of inspectors general and other auditors of Federal 
     departments and agencies, and State and local government 
     entities.
       ``(ii) The Inspector General shall notify the inspector 
     general of the relevant agency or department before 
     initiating an audit or investigation relating to Hurricane 
     Katrina activities.
       ``(iii) Nothing in this section shall be construed to limit 
     the statutory authority of inspectors general to conduct 
     audits or investigations relating to Hurricane Katrina 
     activities.'';
       (3) in subsection (h)(4)(B), by striking ``Secretary of 
     State or Secretary of Defense'' and inserting ``Director of 
     the Office of Management and Budget and heads of relevant 
     agencies''; and
       (4) in subsection (h)(5)--
       (A) by inserting ``(A)'' after ``(5)'';
       (B) by inserting ``for activities relating to Iraq'' after 
     ``operation of such offices''; and
       (C) by adding at the end the following:
       ``(B) The Secretary of Homeland Security shall provide the 
     Inspector General with appropriate and adequate office space, 
     together with such equipment, office supplies, and 
     communications facilities and services as may be necessary 
     for the operations of such offices for activities relating to 
     Hurricane Katrina, and shall provide necessary maintenance 
     services for such offices and equipment and facilities 
     located therein.''.
       (f) Reports Relating to the Iraqi Relief and 
     Reconstruction.--Subsection (i) of such section is amended by 
     adding at the end the following:
       ``(7)(A) The Inspector General shall also submit each 
     report under this subsection to the Secretary of State and 
     the Secretary of Defense.
       ``(B)(i) Not later than 30 days after receipt of a report 
     under subparagraph (A), the Secretary of State and the 
     Secretary of Defense may submit to the appropriate committees 
     of Congress any comments on the matters covered by the report 
     as the Secretary of State or the Secretary of Defense, as the 
     case may be, considers appropriate.
       ``(ii) A report under this subparagraph may include a 
     classified annex if the Secretary of State or the Secretary 
     of Defense, as the case may be, considers it necessary.''.
       (g) Reports Relating to Hurricane Katrina Relief and 
     Reconstruction.--Subsection (j) of such section is amended to 
     read as follows:
       ``(j) Reports Relating to Hurricane Katrina Relief and 
     Reconstruction.--(1)(A) At the end of each calendar quarter, 
     beginning with the first full quarter after the date of 
     enactment of the Louisiana Katrina Recovery Act of 2005, the 
     Inspector General shall submit to the appropriate committees 
     of Congress a report summarizing for the period of that 
     quarter the activities of the Inspector General and of the 
     Hurricane Katrina recovery activities of the Federal 
     Government. Each report shall include, for the period covered 
     by such report, a detailed statement of all obligations, 
     expenditures, and revenues associated with recovery 
     activities for Hurricane Katrina, including the following:
       ``(i) Obligations and expenditures of appropriated funds.
       ``(ii) Accounting of the costs incurred to date for 
     Hurricane Katrina recovery, together with the estimate of the 
     Federal Government's costs to complete each project and each 
     program.
       ``(iii) Operating expenses of any Federal departments, 
     agencies, or entities receiving appropriated funds for 
     Hurricane Katrina recovery activities.
       ``(iv) In the case of any contract described in paragraph 
     (2)--
       ``(I) the amount of the contract or other agreement;
       ``(II) a brief discussion of the scope of the contract or 
     other agreement;
       ``(III) a discussion of how the contracting department or 
     agency identified, and solicited offers from, potential 
     contractors to perform the contract, together with a list of 
     the potential contractors that were issued solicitations for 
     the offers; and
       ``(IV) the justification and approval documents on which 
     was based the determination to use procedures other than 
     procedures that provide for full and open competition.
       ``(B) The first quarterly report required to be submitted 
     under subparagraph (A) shall also summarize activities for 
     Hurricane Katrina recovery undertaken before that quarter.
       ``(2) A contract described in this paragraph is any major 
     contract or other agreement that is entered into by any 
     department or agency of the United States Government that 
     involves the use of amounts appropriated or otherwise made 
     available for Hurricane Katrina recovery with any public or 
     private sector entity.
       ``(3) Not later than 45 days after the date of enactment of 
     the Louisiana Katrina Recovery Act of 2005, the Inspector 
     General shall submit to the appropriate committees of 
     Congress an interim report on the status of Hurricane Katrina 
     recovery activities of the Federal Government. The interim 
     report shall include the following:
       ``(A) The operational activities of the Office of the 
     Special Inspector General for Relief and Reconstruction.
       ``(B) The status of auditors and investigators deployed to 
     Louisiana.
       ``(C) A strategic plan for oversight, including audits of 
     no bid contracts.
       ``(D) Vulnerabilities identified and immediate actions to 
     address such vulnerabilities.
       ``(E) Measures taken to coordinate interagency oversight 
     elements.
       ``(4) Not later than March 31, 2006, and semiannually 
     thereafter, the Inspector General shall submit to the 
     appropriate committees of Congress a report meeting the 
     requirements of section 5 of the Inspector General Act of 
     1978 (5 U.S.C. App.).
       ``(5) The Inspector General shall publish each report under 
     this subsection on an accessible Federal Government Internet 
     website.
       ``(6) Nothing in this subsection shall be construed to 
     authorize the public disclosure of information that is--
       ``(A) specifically prohibited from disclosure by any other 
     provision of law;
       ``(B) specifically required by Executive order to be 
     protected from disclosure in the interest of national defense 
     or national security or in the conduct of foreign affairs; or
       ``(C) a part of an ongoing criminal investigation.
       ``(7)(A) The Inspector General shall also submit each 
     report under this subsection to the Director of the Office of 
     Management and Budget, Secretary of Homeland Security, or 
     heads of other appropriate agencies.
       ``(B) Not later than 30 days after receipt of a report 
     under paragraph (1), the Director of the Office of Management 
     and Budget and the heads of other appropriate agencies may 
     submit to the appropriate committees of Congress any comments 
     on the matters covered by the report as the Director of the 
     Office of Management and Budget and heads of relevant 
     agencies consider appropriate.
       ``(8) The Inspector General shall respond to any reasonable 
     summons to appear and testify before any duly constituted 
     committee of Congress.''.
       (h) Transparency.--Subsection (k) of such section is 
     amended--
       (1) in paragraph (1), by striking ``subsection (i), the 
     Secretary of State and the Secretary of Defense shall 
     jointly'' and inserting ``subsection (i) or (j), the Director 
     of the Office of Management and Budget and the heads of the 
     relevant departments shall''; and
       (2) in paragraph (2), by striking ``subsection (j)(2) of 
     comments on a report under subsection (i), the Secretary of 
     State and the Secretary of Defense shall jointly'' and 
     inserting ``subsection (i)(7)(B) or (j)(7)(B) of comments on 
     a report under subsection (i) or (j), the Director of the 
     Office of Management and Budget and the heads of relevant 
     departments shall''.
       (i) Waiver.--Subsection (l) of such section is amended--
       (1) in paragraph (1), by inserting ``or paragraph (1) or 
     (3) of subsection (j)'' after ``subsection (i)''; and
       (2) in paragraph (2), by inserting ``or paragraph (1) or 
     (3) of subsection (j)'' after ``subsection (i)'' each place 
     that term occurs.
       (j) Appropriate Committees of Congress.--Subsection (m) of 
     such section is amended--

[[Page S11938]]

       (1) in paragraph (1), by striking ``and Foreign Relations'' 
     and inserting ``Foreign Relations, and Homeland Security and 
     Governmental Affairs''; and
       (2) in paragraph (2), by striking ``and International 
     Relations'' and inserting ``International Relations, and 
     Homeland Security''.
       (k) Funding.--Subsection (n) of such section is amended by 
     adding at the end the following:
       ``(3) There are authorized to be appropriated to the Office 
     of the Special Inspector General for Relief and 
     Reconstruction to carry out the responsibilities of the 
     Special Inspector General relating to Hurricane Katrina 
     recovery such sums as necessary for fiscal year 2006.''.
       (l) Application to Louisiana and Termination.--Such section 
     is amended by striking subsection (o) and inserting the 
     following:
       ``(o) Application to Louisiana.--Any reference in this 
     section to Hurricane Katrina recovery shall only apply with 
     respect to Hurricane Katrina recovery in the State of 
     Louisiana.
       ``(p) Termination.--(1)(A) The responsibilities of the 
     Office of the Special Inspector General for Relief and 
     Reconstruction with respect to the Iraq Relief and 
     Reconstruction Fund shall terminate on the date that is 10 
     months after the date, as determined by the Secretary of 
     State and Secretary of Defense, on which 80 percent of the 
     amounts appropriated or otherwise made available to the Iraq 
     Relief and Reconstruction Fund by chapter 2 of title II of 
     this Act have been obligated.
       ``(B) The responsibilities of the Office of the Special 
     Inspector General for Relief and Reconstruction with respect 
     to Hurricane Katrina recovery activities shall terminate 2 
     years after the date of enactment of the Louisiana Katrina 
     Recovery Act of 2005.
       ``(2) The Office of the Special Inspector General for 
     Relief and Reconstruction shall terminate on the later date 
     occurring under subparagraph (A) or (B) of paragraph (1).''.

     SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this title.

     SEC. 610. TERMINATION OF OFFICE.

       (a) In General.--The Office and position of Administrator 
     shall terminate 2 years after the date of enactment of this 
     Act.
       (b) Extension of Termination.--
       (1) In general.--The President may extend the date of 
     termination under subsection (a) in accordance with this 
     subsection.
       (2) Conditions of extension.--Any extension of termination 
     under this subsection--
       (A) shall not be effective for any period occurring 5 years 
     after the date of enactment of this Act;
       (B) may not apply retroactively if the Office and the 
     position of Director have terminated under this section;
       (C) shall not be effective unless 60 days before the date 
     on which a termination would occur the President submits a 
     notice to Congress of a determination to extend the 
     termination; and
       (D) subject to subparagraph (A), shall be for a 6-month 
     period.
                                 ______
                                 
  SA 2297. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I (before the short title), insert the 
     following:

     SEC. __. COMMUNITY-BASED TRAINING GRANTS.

       (a) Increase for Training and Employment.--In addition to 
     amounts otherwise appropriated under this Act, the 
     $2,787,806,000 appropriated under title I under the heading 
     ``training and employment services (including rescission)'' 
     under the heading ``Employment and Training Administration'' 
     shall be increased by an additional $125,000,000, which 
     additional amount shall be available for obligation for the 
     period July 1, 2006, through June 30, 2007.
       (b) Increase for Community-Based Job Training Grants.--In 
     addition to amounts otherwise appropriated or made available 
     under this Act for Community-Based Job Training Grants, not 
     more than an additional $125,000,000 may be used by the 
     Secretary of Labor for such grants, from funds reserved under 
     section 132(a)(2)(A) of the Workforce Investment Act of 1998, 
     to carry out such grants under section 171(d) of such Act, 
     except that the 10 percent limitation otherwise applicable to 
     the amount of funds that may be used to carry out section 
     171(d) shall not by applicable to funds used for Community-
     Based Job Training Grants.
       (c) Offset From Departmental Management.--Notwithstanding 
     any other provision of this Act, the amounts appropriated 
     under title I under the heading ``salaries and expenses'' 
     under the heading ``Departmental Management'', for management 
     or operation of activities conducted by or through the Bureau 
     of International Labor Affairs, shall be reduced by 
     $125,000,000.
                                 ______
                                 
  SA 2298. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

        TITLE __--FAMILY EDUCATION REIMBURSEMENT ACCOUNT PROGRAM

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Family Education 
     Reimbursement Act of 2005''.

     SEC. __. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS.

       (a) Establishment.--The Secretary of Education, in 
     consultation with the Secretary of Health and Human Services, 
     shall--
       (1) establish a Family Education Reimbursement Account 
     Program under which, at the direction of the parent of each 
     displaced student who signs up under subsection (d), the 
     Secretary provides reimbursement to enable the student or 
     preschool-age child to attend the school or preschool program 
     of his or her parent's choice during the 2005-2006 school 
     year;
       (2) of the amount available to carry out this section for 
     fiscal year 2006, use not more than one third of one percent 
     of such amount for administrative expenses, including 
     outreach, support services, and dissemination of information; 
     and
       (3) contract with a nongovernmental entity to administer 
     and operate the program.
       (b) Reimbursement.--
       (1) In general.--In carrying out this section, the 
     Secretary--
       (A) shall allow the parent of the participating displaced 
     student to select the school or preschool program to be 
     attended by the student during the 2005-2006 school year;
       (B) at the direction of the parent, shall provide 
     reimbursement to that school or preschool program on a 
     quarterly basis; and
       (C) in the case of a public school, may provide such 
     reimbursement to the appropriate local fiscal agent for the 
     school.
       (2) Amount.--In providing reimbursement under paragraph 
     (1), the Secretary shall--
       (A) determine the amount of reimbursement to a school or 
     preschool program based on the number of weeks during which 
     the participating displaced student attended the school or 
     preschool program during the preceding quarter;
       (B) subject to subparagraph (C), provide the same amount of 
     reimbursement to each school and preschool program for each 
     week of attendance by one participating displaced student;
       (C) not provide reimbursement that exceeds the actual cost 
     of the school for educating students, or the actual cost of 
     the preschool program, for the same period for students who 
     are not displaced students;
       (D) not provide reimbursement of more than $6,700 on behalf 
     of any student for the 2005-2006 school year; and
       (E) discontinue reimbursement once a displaced student 
     returns to the school he or she attended prior to August 29, 
     2005.
       (3) Use of funds.--The Secretary may provide reimbursement 
     under paragraph (1) on behalf of a displaced student only if 
     the school or preschool program involved agrees--
       (A) to use the reimbursement for providing educational and 
     other services to the displaced student; and
       (B) not to use the reimbursement for the construction or 
     renovation of facilities.
       (c) Accounting of Funds.--The Secretary shall provide an 
     appropriate accounting of funds for each school or program 
     that receives a payment on behalf of one or more 
     participating displaced students under this section.
       (d) Registration.--
       (1) In general.--To seek to participate in the program 
     under this section, the parent of a displaced student shall 
     sign up by means of the Internet site, toll-free telephone 
     number, or paper form developed under subsection (e).
       (2) Account numbers.--Upon completion of registration for 
     the program under this section--
       (A) the displaced student shall be assigned an account 
     number; and
       (B) the account number shall be made available to the 
     parent of the student.
       (3) Families.--If a parent has more than one child who is a 
     displaced student--
       (A) the parent shall be allowed to register each child 
     under this subsection at the same time; and
       (B) the same account number under paragraph (2) shall be 
     provided to each child.
       (e) FERA System Development and Establishment.--
       (1) In general.--The Secretary shall develop and implement 
     a web-based system--
       (A) to support the registration in the program under this 
     section of displaced students by means of an Internet site, 
     toll-free telephone number, or paper form; and
       (B) to facilitate the timely payment of funds from the 
     accounts of families participating in the program under this 
     section to the school or preschool program authorized to be 
     reimbursed for educational and other services rendered.
       (2) System requirements.--
       (A) Internet site; toll-free telephone number; paper 
     form.--The Internet site and toll-free telephone number 
     developed pursuant to paragraph (1)--
       (i) shall be integrated with each other;
       (ii) shall, with respect to the toll-free telephone number, 
     not be fully automated;
       (iii) shall be operational not later than 2 weeks after the 
     date of the enactment of this section;

[[Page S11939]]

       (iv) shall include privacy controls, consistent with 
     section 444 of the General Education Provisions Act (20 
     U.S.C. 1232g);
       (v) shall be accessible to participating displaced students 
     and their parents for the purpose of determining--

       (I) the amount expended under this section on the student's 
     behalf to date; and
       (II) the amount remaining for expenditure under this 
     section on the student's behalf;

       (vi) shall be accessible to schools and preschool programs 
     for the purpose of facilitating reimbursement under 
     subsection (b);
       (vii) shall support non-English speaking parents by 
     providing information and registration in an understandable 
     and uniform format and, to the extent practicable, in a 
     language the parents can understand;
       (viii) may use existing Federal grant management and 
     electronic payment systems;
       (ix) shall include information technology and other 
     controls necessary to prevent fraud and overpayment, 
     including mechanisms to validate family and school 
     information; and
       (x) shall provide technical support services (including 
     support for registration and processing of accounts) to the 
     families of participating displaced students and the schools 
     and preschool programs in which the students are enrolled.
       (B) Payment system.--The Secretary shall ensure that--
       (i) the payment system required to carry out this section 
     is operational not later than 4 weeks after the date of the 
     enactment of this section; and
       (ii) the first disbursements under this section are made 
     not later than 5 weeks after the date of the enactment of 
     this section.
       (3) Contractor requirements.--The Secretary shall award the 
     contract required by subsection (a)(3) to a nongovernmental 
     entity that--
       (A) has experience meeting the requirements described in 
     paragraph (2)(A);
       (B) demonstrates expertise in the development and operation 
     of information technology infrastructures, including the 
     manufacture and supply of hardware and software, information 
     management, electronic fund transfer payment systems, and 
     customer relations management and outreach;
       (C) demonstrates significant experience in the development, 
     implementation, and technical support for payment management 
     systems operated by agencies of the Federal Government, 
     including the Department of Education and the Department of 
     Health and Human Services; and
       (D) is based, and operates help desk services, in the 
     United States.
       (f) Transferring Students.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall continue to provide reimbursement under this section on 
     behalf of a participating displaced student who transfers to 
     one or more schools or preschool programs during the 2005-
     2006 school year.
       (2) Exception.--The Secretary shall not provide 
     reimbursement under this section on behalf of a participating 
     displaced student with respect to any school or preschool 
     program which the student attends for less than 2 consecutive 
     weeks during the 2005-2006 school year.
       (g) Additional Amount for Administrative Expenses.--In 
     providing reimbursement to an entity under this section--
       (1) the Secretary shall include an additional amount equal 
     to 1 percent of the total amount of such reimbursement to the 
     entity for the purpose of defraying administrative expenses;
       (2) such additional amount shall not be counted for 
     purposes of the maximum reimbursement amount specified in 
     subsections (b)(2)(C) and (b)(2)(D); and
       (3) of the amount specified in subsections (b)(2)(C) and 
     (b)(2)(D), 100 percent of such amount shall be made available 
     to the school or preschool program.
       (h) Procurement.--For purposes of the contract required by 
     subsection (a)(3), the following provisions of Federal 
     acquisition law shall not apply:
       (1) Title III of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 251 et seq.).
       (2) The Office of Federal Procurement Policy Act (41 U.S.C. 
     403 et seq.).
       (3) The Federal Acquisition Streamlining Act of 1994 
     (Public Law 103-355).
       (4) The Competition in Contracting Act of 1984 (Public Law 
     98-369).
       (5) Subchapter V of chapter 35 of subtitle III of title 31, 
     relating to the procurement protest system.
       (6) The Federal Acquisition Regulation and any laws not 
     listed in paragraphs (1) through (5) providing authority to 
     promulgate regulations in the Federal Acquisition Regulation.
       (i) Audit.--The Secretary may provide reimbursement under 
     this section to a school or program on behalf of a displaced 
     student only if the school or program agrees to allow the 
     Secretary to conduct an audit to review and verify that the 
     school or program is using the reimbursement in accordance 
     with subsection (b)(3).
       (j) Nondiscrimination.--
       (1) In general.--The Secretary may provide reimbursement 
     under this section to a school or preschool program only if 
     the school or program agrees not to discriminate against 
     participating displaced students (including applicants) on 
     the basis of race, color, national origin, religion, or sex.
       (2) Applicability and single sex schools, classes, or 
     activities.--
       (A) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in paragraph (1) 
     shall not apply to a school or preschool program that is 
     operated by, supervised by, controlled by, or connected to a 
     religious organization to the extent that the application of 
     paragraph (1) is inconsistent with the religious tenets or 
     beliefs of the school or program.
       (B) Single sex schools, classes, or activities.--
     Notwithstanding paragraph (1) or any other provision of law, 
     a parent may choose and a school may offer a single sex 
     school, class, or activity.
       (3) Children with disabilities.--Nothing in this section 
     may be construed to alter or modify the provisions of the 
     Individuals with Disabilities Education Act.
       (4) Religiously affiliated schools.--
       (A) In general.--Notwithstanding any other provision of 
     law, a school or preschool program receiving reimbursement 
     under this section that is operated by, supervised by, 
     controlled by, or connected to, a religious organization may 
     exercise its right in matters of employment consistent with 
     title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1 
     et seq.), including the exemptions in such title.
       (B) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this section on 
     behalf of participating displaced students that are received 
     by a school or preschool program, as a result of their 
     parents' choice, shall not, consistent with the first 
     amendment of the United States Constitution, necessitate any 
     change in the school or program's teaching mission, require 
     any school or program to remove religious art, icons, 
     scriptures, or other symbols, or preclude any school or 
     program from retaining religious terms in its name, selecting 
     its board members on a religious basis, or including 
     religious references in its mission statements and other 
     chartering or governing documents.
       (5) Rule of construction.--Reimbursement (or any other form 
     of support provided on behalf of participating displaced 
     students) under this section shall be considered assistance 
     to the student and shall not be considered assistance to the 
     school or preschool program that enrolls the student.
       (k) Reports.--At the end of each quarter described in 
     subsection (b)(2)(A), the Secretary shall submit a report to 
     the appropriate committees of the Congress describing the 
     implementation and results of the program under this section. 
     Such report shall--
       (1) specify the number of children served, the percentage 
     of funds used on instructional activities, and the percentage 
     of funds used for supplemental educational services; and
       (2) include information on the mobility of displaced 
     students.
       (l) Definitions.--In this section:
       (1) The term ``displaced student'' means a student who is 
     at least 4 years old, has not completed 12th grade, and would 
     have attended another school or preschool program during the 
     2005-2006 school year, but for the fact that--
       (A) the school, the program, or the surrounding area was 
     damaged by a Gulf hurricane disaster; and
       (B) the school or program could not reopen shortly after 
     the disaster.
       (2) The term ``Gulf hurricane disaster'' means a major 
     disaster that was declared to exist by the President, in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170), and was caused by Hurricane Katrina or Hurricane Rita.
       (3) The term ``parent'' has the meaning given to that term 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801).
       (4) The term ``participating displaced student'' means a 
     displaced student participating in the program under this 
     section.
       (5) The term ``preschool program'' means a public or 
     private program serving 4 or 5 year old children, including 
     any such Head Start program, that is in compliance with 
     applicable State health and safety requirements.
       (6) The term ``school'' means a public or private 
     elementary school or secondary school (as those terms are 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801)), including a 
     religious elementary school or secondary school, that was 
     legally operating in the State involved before September 1, 
     2005.
       (7) The term ``Secretary'' means the Secretary of 
     Education, in consultation with the Secretary of Health and 
     Human Services.
       (m) Funding.--
       (1) In general.--
       (A) Appropriation.--Out of funds not otherwise 
     appropriated, there is hereby appropriated to the Secretary 
     of Education, to carry out this section, $2,500,000,000, to 
     remain available through the period ending on July 31, 2006. 
     Any such funds that are not obligated by the end of such 
     period shall revert to the Treasury.
       (B) Offset.--Notwithstanding any other provision of this 
     Act, each account for which amounts are appropriated under 
     this Act and are not otherwise required by law shall be 
     reduced by 1.76 percent.
       (2) Contributions.--Under such terms and conditions as the 
     Secretary may impose, the Secretary may, for the purpose of 
     carrying out this section, accept and use such amounts as may 
     be contributed by individuals, business concerns, or other 
     entities for such purpose.
                                 ______
                                 
  SA 2299. Mr. COCHRAN submitted an amendment intended to be proposed 
by

[[Page S11940]]

him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II (before the short title), add the 
     following:

     SEC. __. ADDITIONAL PUBLIC HEALTH FUNDING.

       (a) Minority Public Health.--In addition to amounts 
     otherwise appropriated under this Act, there are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $10,000,000 for the Office of Minority Health.
       (b) Sickle Cell Disease.--From amounts appropriated under 
     the title for the Office of the Secretary of Health and Human 
     Services, such Secretary shall make available and amount not 
     to exceed $2,000,000 of such amounts to provide funding for 
     grants under paragraph (1) of section 712(c) of Public Law 
     108-357 (42 U.S.C. 300b-1 note).
       (c) Offset.--Notwithstanding any other provision of this 
     Act, amounts made available under this Act under the heading 
     Program Management for the Centers for Medicare and Medicaid 
     Services shall be reduced, on a pro rata basis, by an 
     additional $12,000,000.
                                 ______
                                 
  SA 2300. Mr. ENSIGN (for himself, Mr. Warner and Mr. Allen) submitted 
an amendment intended to be proposed by him to the bill H.R. 3010, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       At the end of title III (before the short title), insert 
     the following:

     SEC. __. PROHIBITION REGARDING THE E-LANGUAGE LEARNING 
                   SYSTEM.

       Notwithstanding any other provision of this Act, none of 
     the funds made available under this Act shall be used to 
     support, develop, or distribute the Department of Education's 
     e-Language Learning System (ELLS).
                                 ______
                                 
  SA 2301. Mr. OBAMA (for himself, Dr. Durbin, Mr. Kerry, Mrs. Clinton, 
Mr. Dodd, and Mr. Corzine) submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), insert 
     the following:

     SEC. ___. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY 
                   PROGRAM AND POSITIVE BEHAVIORAL INTERVENTIONS 
                   AND SUPPORTS.

       (a) Increases.--In addition to amounts otherwise 
     appropriated under this Act, there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, an 
     additional $3,500,000 for subpart 3 of part A of title VII of 
     the Higher Education Act of 1965 (20 U.S.C. 1136 et seq.), 
     and an additional $1,000,000 to the Office of Special 
     Education Programs of the Department of Education for the 
     expansion of positive behavioral interventions and supports.
       (b) Offset From Consulting Expenses.--
       (1) Notwithstanding any other provision of this Act, each 
     amount provided by this Act for consulting expenses for the 
     Department of Health and Human Services shall be reduced by 
     the pro rata percentage required to reduce the total amount 
     provided by this Act for such expenses by $4,500,000.
       (2) Not later than 30 days after the date of enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall submit to the Committee on Appropriations of the House 
     of Representatives and the Committee on Appropriations of the 
     Senate a listing of the amounts by account of the reductions 
     made pursuant to paragraph (1).
       (c) Report on Thurgood Marshall Legal Educational 
     Opportunity Program.--Not later than September 30, 2006, the 
     Secretary of Education shall prepare and submit to Congress a 
     report on the evaluation data regarding the educational and 
     professional performance of individuals who have 
     participated, during fiscal year 2006 or any preceding year, 
     in the program under subpart 3 of part A of title VII of the 
     Higher Education Act of 1965 (20 U.S.C. 1136 et seq.).
                                 ______
                                 
  SA 2302. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 182, beginning on line 4, strike ``, and $1,250,000 
     shall be for a grant to the University of Hawaii School of 
     Law for a Center of Excellence in Native Hawaiian law''.
                                 ______
                                 
  SA 2303. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

TITLE __--ELEMENTARY AND SECONDARY EDUCATION ASSISTANCE TO STUDENTS AND 
                 SCHOOLS IMPACTED BY HURRICANE KATRINA

     SEC. __. SHORT TITLE.

       This title may be cited as the ``Hurricane Katrina 
     Elementary and Secondary Education Recovery Act''.

     SEC. __. 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 
     title 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.
       (5) The level and type of assistance provided under this 
     title, both for students attending public schools and 
     students attending non-public schools, is being authorized 
     solely because of the unprecedented nature of the crisis, the 
     massive dislocation of students, and the short duration of 
     assistance.

     SEC. __. WAIVERS AND OTHER ACTIONS.

       (a) Current Waiver and Other Authority.--The Secretary of 
     Education is encouraged to exercise the maximum waiver 
     authority available or exercise other actions for States, 
     local educational agencies, and schools affected by Hurricane 
     Katrina with respect to the waiver authority or authorization 
     of actions provided under the following provisions of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.):
       (1) Section 1111(b)(3)(C)(vii) of such Act (20 U.S.C. 
     6311(b)(3)(C)(vii)).
       (2) Section 1111(b)(7) of such Act (20 U.S.C. 6311(b)(7)).
       (3) Section 1111(c)(1) of such Act (20 U.S.C. 6311(c)(1)).
       (4) Section 1111(h)(2)(A)(i) of such Act (20 U.S.C. 
     6311(h)(2)(A)(i)).
       (5) Section 1116(b)(7)(D) of such Act (20 U.S.C. 
     6316(b)(7)(D)).
       (6) Section 1116(c)(10)(F) of such Act (20 U.S.C. 
     6316(c)(10)(F)).
       (7) Section 1125A(e)(3) of such Act (20 U.S.C. 6337(e)(3)).
       (8) Section 3122(a)(3)(B) of such Act (20 U.S.C. 
     6842(a)(3)(B)).
       (9) Section 5141(c) of such Act (20 U.S.C. 7217(c)).
       (10) Section 7118(c)(3)(A) of such Act (20 U.S.C. 
     7428(c)(3)(A)).
       (11) Section 9521(c) of such Act (20 U.S.C. 7901(c)).
       (b) Report on Waivers.--Not later than December 31, 2005, 
     the Secretary of Education shall prepare and submit a report 
     on the States and local educational agencies requesting a 
     waiver of any provision under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) and the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) due to the impact of Hurricane Katrina to the 
     Committee on Education and the Workforce and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate.

     SEC. __. PROVIDING ADDITIONAL SUPPORT FOR STUDENTS AFFECTED 
                   BY HURRICANE KATRINA.

       (a) Grants to States Authorized.--From amounts appropriated 
     under subsection (g), the Secretary of Education is 
     authorized to make grants to States for assistance to 
     eligible local educational agencies to enable the agencies to 
     provide services, programs, and activities as described in 
     subsection (c).
       (b) State Applications.--A State that desires to receive a 
     grant 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 may 
     reasonably require.
       (c) Assistance to Local Educational Agencies.--A State that 
     receives a grant under subsection (a) shall use the funds 
     made available through the grant to provide assistance to 
     eligible local educational agencies to enable such agencies 
     to provide, to students displaced by Hurricane Katrina or 
     students attending a school in an area described in 
     subsection (f)(1)--
       (1) supplemental educational services consistent with the 
     definitions, criteria, and amounts established under section 
     1116(e) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6316(e)); or
       (2) additional programs and activities under part B of 
     title IV of the Elementary

[[Page S11941]]

     and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.) 
     relating to 21st century community learning centers.
       (d) Local Applications.--An eligible local educational 
     agency that desires to receive assistance under this section 
     from a State shall submit an application to the State at such 
     time, in such manner, and accompanied by such information as 
     the State may reasonably require.
       (e) Interaction With the ESEA.--An eligible local 
     educational agency providing services described in subsection 
     (c)(1) may provide such services to a student displaced by 
     Hurricane Katrina regardless of the status of the school 
     under section 1116(b) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6316(b)) that such student 
     attends.
       (f) Definition of Eligible Local Educational Agency.--In 
     this section, the term ``eligible local educational agency'' 
     means--
       (1) a local educational agency 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; 
     or
       (2) a local educational agency that enrolls a student 
     displaced from an area where 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.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     fiscal year 2006.

     SEC. __. 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 section, 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.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $900,000,000 for 
     fiscal year 2006.

     SEC. __. 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.

     SEC. __. 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.

     SEC. __. 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.--

[[Page S11942]]

       (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 available under subsection 
     (c) 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).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $50,000,000.

     SEC. __. ALTERNATIVE EDUCATION PROGRAMS FOR DISPLACED 
                   ADOLESCENT STUDENTS.

       (a) Definitions.--In this section:
       (1) Alternative education program.--The term ``alternative 
     education program'' means a transitional program that 
     provides displaced adolescent students with--
       (A) instruction in reading, mathematics, writing, study 
     skills, and other relevant subjects;
       (B) counseling;
       (C) tutoring;
       (D) activities designed to familiarize the displaced 
     adolescent students with the range of career options 
     available to the students;
       (E) mentoring;
       (F) test preparation for college entrance examinations, 
     including the PSAT, SAT, and ACT;
       (G) counseling on the financial aid available for 
     postsecondary education; or
       (H) job readiness skills and career and technical 
     education.
       (2) Displaced adolescent student.--The term ``displaced 
     adolescent student'' means a secondary school student who--
       (A) 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;
       (B) cannot continue enrollment in a secondary school 
     because of Hurricane Katrina; and
       (C) is expected to obtain a secondary school diploma by the 
     end of the 2006-2007 school year.
       (3)  Eligible entity.--The term ``eligible entity'' means a 
     State educational agency, local educational agency, or 
     consortium of such agencies, located 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, 
     that--
       (A) demonstrates a need for additional funds in order to 
     provide an alternative education program to displaced 
     adolescent students; and
       (B) has the ability to administer the alternative education 
     program and to serve displaced adolescent students.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (b) Program Authorized.--From amounts appropriated under 
     this section for fiscal year 2006, the Secretary shall award 
     grants to States for assistance to eligible entities to 
     enable the entities to develop and carry out alternative 
     education programs for displaced adolescent students.
       (c) State Applications.--A State desiring a grant 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) Assistance to Eligible Entities.--
       (1) In general.--A State that receives a grant under this 
     section may use the funds made available through the grant to 
     provide assistance to eligible entities to enable the 
     eligible entities to develop and carry out alternative 
     education programs for displaced adolescent students.
       (2) Partnerships.--An eligible entity may apply for 
     assistance under this section in partnership with 1 or more 
     community-based organizations or institutions of higher 
     education (as such term is defined in section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 1001)), or both.
       (e) Local Applications.--An eligible entity desiring 
     assistance under this section from a State shall submit an 
     application to the Governor of the State at such time, in 
     such manner, and containing such information as the Governor 
     may require. At a minimum, the Governor shall require an 
     entity that desires to carry out an alternative education 
     program in an area in which another organization is carrying 
     out an alternative education program to provide an assurance 
     that the entity will coordinate activities carried out under 
     its program with the activities carried out by the 
     organization under its program
       (f) Uses of Funds.--An eligible entity that receives 
     assistance under this section shall use the assistance to 
     carry out an alternative education program that meets the 
     needs of displaced adolescent students, including the 
     staffing, curricular materials, and other programmatic costs 
     needed to carry out the alternative education program.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2006.

     SEC. __. GENERAL PROVISION.

       Nothing in the previous 9 sections of this title shall be 
     construed to permit discrimination on the basis of race, 
     color, religion, sex (except as otherwise permitted under 
     title IX of the Education Amendments of 1972 (20 U.S.C. 1681 
     et seq.)), national origin, or disability in any program 
     funded under such sections.

     SEC. __. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED 
                   STUDENTS.

       (a) Temporary Emergency Impact Aid Authorized.--
       (1) Aid to state educational agencies.--From amounts 
     appropriated under subsection (o), 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

[[Page S11943]]

     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 title.
       (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 title.
       (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

[[Page S11944]]

     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) Termination of Authority.--The authority provided by 
     this section shall terminate on August 1, 2006.
       (k) 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.
       (l) 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.
       (m) 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.
       (n) 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.
       (o) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,400,000,000 
     for fiscal year 2006.

     SEC. __. SUNSET PROVISION.

       Except as otherwise provided in this title, the provisions 
     of this title shall be effective for the period beginning on 
     the date of enactment of this title and ending on August 1, 
     2006.
                                 ______
                                 
  SA 2304. Mr. HAGEL (for himself, Mr. Alexander, Mr. Roberts, Mr. 
Warner, and Ms. Murkowski) submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __.(a) In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated, $408,000,000 to 
     carry out part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.).
       (b) Notwithstanding any other provision of this Act, 
     amounts appropriated under this Act for discretionary 
     programs (other than programs under title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
     and programs under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.)) shall be reduced, on 
     a pro rata basis, by $408,000,000.
                                 ______
                                 
  SA 2305. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __.(a) There are appropriated, out of any money in the 
     Treasury not otherwise appropriated, $7,000,000 to the 
     National Assessment Governing Board for the purposes of 
     implementing a National Assessment of Educational Progress 
     test in United States history.
       (b) Notwithstanding any other provision of this Act, 
     amounts appropriated under title I under the heading 
     ``salaries and expenses'' under the heading ``Departmental 
     Management'' shall be reduced by $7,000,000.
                                 ______
                                 
  SA 2306. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __.(a) There are appropriated, out of any money in the 
     Treasury not otherwise appropriated, $7,000,000 to the 
     National Assessment Governing Board for the purposes of 
     implementing a National Assessment of Educational Progress 
     test in United States history.
       (b) Notwithstanding any other provision of this Act, 
     amounts appropriated under title I for the State Unemployment 
     Insurance and Employment Service Operations shall be reduced 
     by $7,000,000.
                                 ______
                                 
  SA 2307. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30,

[[Page S11945]]

2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __.(a) In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated, $502,738,000 for 
     targeted grants under section 1125 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6335) and 
     education finance incentive grants under section 1125A of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6337).
       (b) Notwithstanding any other provision of this Act, 
     amounts appropriated under this Act for discretionary 
     programs (other than programs under title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
     and programs under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.)) shall be reduced, on 
     a pro rata basis, by $502,738,000.
                                 ______
                                 
  SA 2308. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __.(a) There are appropriated, out of any money in the 
     Treasury not otherwise appropriated, $7,000,000 to the 
     National Assessment Governing Board for the purposes of 
     implementing a National Assessment of Educational Progress 
     test in United States history.
       (b) Notwithstanding any other provision of this Act, 
     amounts appropriated under title I for the Job Corps: 
     Operations shall be reduced by $7,000,000.
                                 ______
                                 
  SA 2309. Ms. COLLINS (for herself and Mr. Reed) submitted an 
amendment intended to be proposed by her to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. It is the sense of the Senate that the additional 
     $2,920,000,000 in new budget authority provided in this Act 
     to the Low-Income Home Energy Assistance Program should be 
     offset by the reconciliation bill pursuant to subsection (b) 
     of section 202 of H. Con. Res. 95, the Concurrent Resolution 
     on the Budget for Fiscal Year 2006, by scaling back or 
     eliminating certain tax deductions, exemptions, preferences, 
     subsidies, or other tax expenditures provided under current 
     law to the oil and gas industry, to provide savings totaling 
     $2,920,000,000 over the period of fiscal years 2006 through 
     2010.
                                 ______
                                 
  SA 2310. Mr. STEVENS (for himself and Mrs. Murray) submitted an 
amendment intended to be proposed by him to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       1. At the appropriate place insert the following:

     SEC. --. PROHIBITION OF THE USE OF FUNDS FOR RELIANCE ON 
                   STUDENT INTEREST SURVEYS IN DETERMINING 
                   COMPLIANCE WITH TITLE IX.

       None of the funds provided under this Act shall be used--
       (1) for any educational, compliance, or enforcement 
     activities that are based on the Department of Education's 
     March 17, 2005 policy guidance entitled ``Additional 
     Clarification of Intercollegiate Athletics Policy: Three Part 
     Test--Part Three,'' or on the principles governing the 
     interpretation of surveys set forth in that guidance, 
     regarding compliance with the Patsy Takemoto Mink Equal 
     Opportunity in Education Act (20 U.S.C. 1681 et seq.) 
     (commonly referred to as ``title IX''); or
       (2) to rely on the results of any survey of student 
     interest as a basis for presuming that an educational 
     institution has complied with such title IX.
                                 ______
                                 
  SA 2311. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts appropriated in this title for community 
     health center programs under section 330 of the Public Health 
     Service Act (42 U.S.C. 254b) shall be increased by 
     $198,560,000. Notwithstanding any other provision of this 
     Act, amounts appropriated under this Act shall be reduced by 
     0.14 percent.
                                 ______
                                 
  SA 2312. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), insert 
     the following:

     SEC. __. FUNDING INCREASE FOR EVEN START.

       (a) Increase.--In addition to amounts otherwise 
     appropriated under this Act, there is appropriated, out of 
     any money in the Treasury not otherwise appropriated, an 
     additional $200,000,000 for carrying out subpart 3 of part B 
     of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6381 et seq.).
       (b) Offset.--Notwithstanding any other provision of this 
     Act, each amount appropriated under this Act for salaries and 
     expenses at the Occupational Safety and Health Administration 
     and the Employment Standards Administration is reduced by a 
     uniform percentage necessary to reduce the total amounts so 
     appropriated by $200,000,000.
                                 ______
                                 
  SA 2313. Mrs. CLINTON (for herself and Mr. Schumer) proposed an 
amendment to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __.(a) Notwithstanding any other provision of law, 
     $125,000,000 shall be available and shall remain available 
     until expended to replace the funds appropriated but not 
     expended under chapter 8 of division B of the Department of 
     Defense and Emergency Supplemental Appropriations for 
     Recovery from and Response to Terrorist Attacks on the United 
     States Act, 2002 (Public Law 107-117), and of such amount, 
     $50,000,000 shall be made available for payment to the New 
     York State Uninsured Employers Fund for reimbursement of 
     claims related to the terrorist attacks of September 11, 2001 
     and for reimbursement of claims related to the first response 
     emergency services personnel who were injured, were disabled, 
     or died due to such terrorist attacks, and $75,000,000 shall 
     be made available to the Centers for Disease Control and 
     Prevention upon enactment of this Act, and shall remain 
     available until expended, for purposes related to the 
     September 11, 2001 terrorist attacks. In expending such 
     funds, the Director of the Centers for Disease Control and 
     Prevention shall give first priority to the existing programs 
     coordinated by the Mount Sinai Center for Occupational and 
     Environmental Medicine, the Fire Department of New York City 
     Bureau of Health Services and Counseling Services Unit, the 
     New York City Police Foundation's Project COPE, Police 
     Organization Providing Peer Assistance, and the New York City 
     Department of Health and Mental Hygiene World Trade Center 
     Health Registry that administer baseline and follow-up 
     screening, clinical examinations, or long-term medical health 
     monitoring, analysis, or treatment for emergency services 
     personnel or rescue and recovery personnel, and shall give 
     secondary priority to similar programs coordinated by other 
     entities working with the State of New York and New York 
     City.
       On page 116, line 10, strike ``$3,326,000,000'' and insert 
     ``$3,201,000,000'' in lieu thereof.
                                 ______
                                 
  SA 2314. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:
       Sec. __.(a) In addition to amounts otherwise appropriated 
     under this Act, there are appropriated, out of any money in 
     the Treasury not otherwise appropriated, $29,376,000 for the 
     Rural Education Achievement Program under part B of title VI 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7341 et seq.).
       (b) Notwithstanding any other provision of this Act, the 
     amount appropriated under this title under the heading 
     ``program administration'' under the heading ``Departmental 
     Management'' shall be reduced by $29,376,000.
                                 ______
                                 
  SA 2315. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 222, after line 8, insert the following:
       Sec. 517. Notwithstanding any other provision of law, not 
     later than 60 days after the date of enactment of this Act, 
     MidAmerica St. Louis Airport in Mascoutah, Illinois, shall be 
     designated as a port of entry.

[[Page S11946]]

                                 ______
                                 
  SA 2316. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Sec. __. Not later than 12 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall transmit to the Congress a report on the formula 
     used to determine trade adjustment assistance funding levels 
     for States. The report shall examine the formula and 
     determine if State funding levels are in proportion to the 
     amount of eligible displaced workers in each State, or if 
     other factors affect the overall funding levels that States 
     receive. The report shall include information on States that 
     have had to request funding from the reserve because the 
     formula did not provide enough base funding to immediately 
     assist all workers who are eligible, the length and incidence 
     of waiting lists established because of lack of base funding, 
     the effect of waiting lists on displaced workers and 
     communities, and the burden that is placed on States when 
     funding is dispersed late due to a delayed appropriations 
     process. The report shall examine whether or not the rigorous 
     and complicated timelines and deadlines that citizens are 
     required to meet affects the overall number of people who are 
     able to successfully apply for assistance and the overall 
     funding level that States will be able to receive in the 
     future. The report shall include recommendations on how to 
     make the process of meeting the rigorous timelines and 
     deadlines easier to understand, less complicated, and easier 
     for States to administer. The report shall also address the 
     overall level of funding needed to provide assistance to 
     firms and workers affected by the Dominican Republic-Central 
     America-United States Free Trade Agreement.
                                 ______
                                 
  SA 2317. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Sec. __. (a) The amount appropriated under title I for 
     trade adjustment assistance under the heading ``federal 
     unemployment benefits and allowances'' is hereby increased by 
     $90,900,000.
       (b) Not later than 12 months after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     transmit to the Congress a report on the formula used to 
     determine trade adjustment assistance funding levels for 
     States. The report shall examine the formula and determine if 
     State funding levels are in proportion to the amount of 
     eligible displaced workers in each State, or if other factors 
     affect the overall funding levels that States receive. The 
     report shall include information on States that have had to 
     request funding from the reserve because the formula did not 
     provide enough base funding to immediately assist all workers 
     who are eligible, the length and incidence of waiting lists 
     established because of lack of base funding, the effect of 
     waiting lists on displaced workers and communities, and the 
     burden that is placed on States when funding is dispersed 
     late due to a delayed appropriations process. The report 
     shall examine whether or not the rigorous and complicated 
     timelines and deadlines that citizens are required to meet 
     affects the overall number of people who are able to 
     successfully apply for assistance and the overall funding 
     level that States will be able to receive in the future. The 
     report shall include recommendations on how to make the 
     process of meeting the rigorous timelines and deadlines 
     easier to understand, less complicated, and easier for States 
     to administer. The report shall also address the overall 
     level of funding needed to provide assistance to firms and 
     workers affected by the Dominican Republic-Central America-
     United States Free Trade Agreement.
                                 ______
                                 
  SA 2318. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title I, insert the following:
       Sec. __. The Secretary of Labor, in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Energy, shall investigate, and submit to Congress a report 
     on, whether the coverage dates for uranium rolling activities 
     at the Bethlehem Steel atomic weapons employer facility in 
     Lackawana, New York (which is detailed in the Department of 
     Energy's list of facilities covered under the Energy 
     Employees Occupational Illness Compensation Program Act (42 
     U.S.C. 7384 et seq.)) is accurate and complete. In making 
     such determination, the Secretary of Labor shall undertake 
     diligent measures and apply the full array of investigative 
     tools available to the Department of Labor, including on-site 
     inspection and review records at Bethlehem Steel records 
     facilities, in order to determine whether the records of 
     Bethlehem Steel, and its successor, contain shipping, 
     receiving, contracting, or production-related information 
     pertaining to activities on behalf of the Atomic Energy 
     Commission or its contractors or subcontractors in processing 
     radioactive materials extended beyond the time periods of 
     1949 through 1952. The Secretary of Labor, in consultation 
     with the Secretary of Energy, shall also review uranium 
     shipping and receipt records at the Hanford and Savannah 
     River facilities and provide a list of dates and shipments 
     involving Bethlehem Steel.
                                 ______
                                 
  SA 2319. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS 
                   OF EMERGENCY CONTRACEPTIVES.

       (a) In General.--No Federal funds appropriated in this Act 
     may be provided to a hospital under any health-related 
     program, unless the hospital meets the conditions specified 
     in subsection (b) in the case of--
       (1) any woman who presents at the hospital and states that 
     she is a victim of sexual assault, or is accompanied by 
     someone who states she is a victim of sexual assault; and
       (2) any woman who presents at the hospital whom hospital 
     personnel have reason to believe is a victim of sexual 
     assault.
       (b) Assistance for Victims.--The conditions specified in 
     this subsection regarding a hospital and a woman described in 
     subsection (a) are as follows:
       (1) The hospital promptly provides the woman with medically 
     and factually accurate and unbiased written and oral 
     information about emergency contraception, including 
     information explaining that--
       (A) emergency contraception does not cause an abortion; and
       (B) emergency contraception is effective in most cases in 
     preventing pregnancy after unprotected sex.
       (2) The hospital promptly offers emergency contraception to 
     the woman, and promptly provides such contraception to her on 
     her request.
       (3) The information provided pursuant to paragraph (1) is 
     in clear and concise language, is readily comprehensible, and 
     meets such conditions regarding the provision of the 
     information in languages other than English as the Secretary 
     may establish.
       (4) The services described in paragraphs (1) through (3) 
     are not denied because of the inability of the woman or her 
     family to pay for the services.
       (c) Definitions.--For purposes of this section:
       (1) The term ``emergency contraception'' means a drug, drug 
     regimen, or device that--
       (A) is used postcoitally;
       (B) prevents pregnancy by delaying ovulation, preventing 
     fertilization of an egg, or preventing implantation of an egg 
     in a uterus; and
       (C) is approved by the Food and Drug Administration.
       (2) The term ``hospital'' has the meanings given such term 
     in title XVIII of the Social Security Act, including the 
     meaning applicable in such title for purposes of making 
     payments for emergency services to hospitals that do not have 
     agreements in effect under such title.
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (4) The term ``sexual assault'' means coitus in which the 
     woman involved does not consent or lacks the legal capacity 
     to consent.
       (d) Effective Date; Agency Criteria.--This section takes 
     effect upon the expiration of the 180-day period beginning on 
     the date of enactment of this Act. Not later than 30 days 
     prior to the expiration of such period, the Secretary shall 
     publish in the Federal Register criteria for carrying out 
     this section.
                                 ______
                                 
  SA 2320. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts appropriated in this Act to carry out the 
     preventive health and health services block grant program 
     under part A of title XIX of the Public Health Service Act 
     (42 U.S.C. 300w et seq.) shall be increased by $9,000,000, 
     such increased amounts to be used to maintain critical health 
     promotion and disease prevention activities in States.
                                 ______
                                 
  SA 2321. Mr. BINGAMAN submitted an amendment intended to be proposed

[[Page S11947]]

by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. (a) In General.--No amounts appropriated under 
     this title for the Office of the Secretary of Health and 
     Human Services shall be expended for travel during the period 
     that begins on January 2, 2006, and ends on the date 
     regulations implementing the amendments made by section 
     506(a) of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173, 117 Stat. 
     2294) are promulgated.
       (b) Nonapplication.--This Act shall be applied without 
     regard to subsection (a) if, not later than January 1, 2006, 
     the Secretary of Health and Human Services promulgates 
     regulations implementing the amendments made by section 
     506(a) of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173, 117 Stat. 
     2294).
                                 ______
                                 
  SA 2322. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. (a) In General.--None of the funds made available 
     in this Act may used for Federal matching payments under 
     section 1903(a)(7) of the Social Security Act (42 U.S.C. 
     1396b(a)(7)) for reimbursement of amounts expended for the 
     proper and efficient administration of a State Medicaid plan 
     under title XIX of such Act to a State agency if more than--
       (1) 15 percent of the applications for medical assistance 
     under the State Medicaid plan in any fiscal year quarter are 
     received or initially processed;

       (2) 15 percent of eligibility redeterminations for such 
     medical assistance are initially processed; or
       (3) 15 percent of change reports are received and initially 
     processed,
     by individuals who are not State employees meeting the 
     personnel standards required under section 1902(a)(4)(A) of 
     the Social Security Act (42 U.S.C. 1396a(a)(4)(A)).
       (b) Exclusion of Applications Received and Processed on an 
     Outstation Basis.--The percentages described in subsection 
     (a) shall be determined without regard to applications 
     received and processed by the Health Resources Services 
     Administration.
                                 ______
                                 
  SA 2323. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Notwithstanding section 403(a)(1) of the Social 
     Security Act (42 U.S.C. 603(a)(1)), the Secretary of Health 
     and Human Services shall reduce the State family assistance 
     grant payable to a State under the Temporary Assistance for 
     Needy Families Program established under part A of title IV 
     of the Social Security Act for a fiscal year quarter by the 
     amount of administrative expenditures incurred for the 
     preceding quarter if more than 10 percent of applications for 
     assistance under the State program funded under such part 
     that are received or initially processed in the preceding 
     quarter are received or initially processed by individuals 
     who are not State employees meeting personnel standards that 
     are established and maintained on a merit basis.
                                 ______
                                 
  SA 2324. Mr. ALLEN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 178, after line 25, add the following:
       Sec. 222.(a) Findings.--The Senate makes the following 
     findings:
       (1) Hospitals cannot provide patient care without 
     physicians.
       (2) It is particularly difficult for hospitals to provide 
     patient care to uninsured patients.
       (3) Medicaid disproportionate share hospital (DSH) payments 
     provide payments to hospitals to provide care to uninsured 
     patients.
       (4) Hospitals that provide a large volume of care to 
     uninsured patients incur significant costs.
       (5) Since there is no other source of reimbursement for 
     hospitals related to these costs, some States have permitted 
     reimbursement of these physician costs through Medicaid DSH.
       (6) The State of Virginia has approved the inclusion of 
     physician services costs as hospital costs for Medicaid DSH 
     purposes.
       (7) Fifty percent of all indigent care in the State of 
     Virginia is provided by its 2 academic medical centers.
       (8) The financial viability of these academic medical 
     centers is threatened if these costs cannot be included in 
     Medicaid DSH reimbursement.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Senate is aware of an issue regarding the definition 
     of ``hospital costs'' incurred by the State of Virginia for 
     purposes of Medicaid reimbursement to that State and urges 
     the Administrator of the Centers for Medicare & Medicaid 
     Services to work with the State to resolve the pending issue.
                                 ______
                                 
  SA 2325. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used to disseminate scientific information that is 
     deliberately false or misleading.
                                 ______
                                 
  SA 2326. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
                                 ______
                                 
  SA 2327. Mr. COLEMAN (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 191, line 2, strike ``may be used'' and all that 
     follows through ``dissemination activities:'' on line 4 of 
     such page and insert ``may be used for program evaluation, 
     national outreach, and information dissemination activities, 
     and shall be used by the Secretary of Education to develop, 
     through consultation with the Secretaries of State, Commerce, 
     Homeland Security, and Energy, institutions of higher 
     education in the United States, organizations that 
     participate in international exchange programs, and other 
     appropriate groups, a strategic plan for enhancing the access 
     of foreign students, scholars, scientists, and exchange 
     visitors to institutions of higher education of the United 
     States for study and exchange activities: Provided further, 
     That the strategic plan described in the preceding proviso 
     shall make use of the Internet and other media resources, 
     establish a clear division of responsibility and a mechanism 
     of institutionalized cooperation between the Departments of 
     Education, State, Commerce, Homeland Security, and Energy, 
     and include streamlined procedures to facilitate 
     international exchanges of foreign students, scholars, 
     scientists, and exchange visitors:''.
                                 ______
                                 
  SA 2328. Mr. LANDRIEU submitted an amendment intended to be proposed 
by him to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), add the 
     following:

     SEC. __. FEDERAL TRIO PROGRAMS FOR HURRICANE AFFECTED 
                   STUDENTS.

       (a) Additional Amounts for Federal TRIO Programs.--In 
     addition to amounts otherwise appropriated under this Act, 
     there are appropriated, out of any money in the Treasury not 
     otherwise appropriated, $5,000,000 for carrying out title IV 
     of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 
     which amount shall be available to carry out the Federal TRIO 
     programs under chapter 1 of subpart 2 of part A of such 
     title.
       (b) Offset From Departmental Management Funds.--
     Notwithstanding any other provision of this Act, amounts made 
     available under this title under the heading ``program 
     administration'' under the heading

[[Page S11948]]

     ``Departmental Management'' shall be reduced by $5,000,000.
                                 ______
                                 
  SA 2329. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       ``Beginning with fiscal year 2007 and thereafter, all non-
     defense, non- trust-fund, discretionary spending shall not 
     exceed the previous fiscal year's levels, for purposes of the 
     congressional budget process (Section 302 et al of the 
     Congressional Budget Act of 1974), without a 2/3 vote of 
     Members duly chosen and sworn.''
                                 ______
                                 
  SA 2330. Mr. WARNER (for himself and Mr. Leahy) proposed an amendment 
to the bill S. 1285, to designate the Federal building located at 333 
Mt. Elliott Street in Detroit, Michigan, as the ``Rosa Parks Federal 
Building''; as follows:

       At the appropriate place, insert the following:
       Sec.  . (a) The annex, located on the 200 block of 3rd 
     Street Northwest in the District of Columbia, to the E. 
     Barrett Prettyman Federal Building and United States 
     Courthouse located at Constitution Avenue Northwest in the 
     District of Columbia shall be known and designated as the 
     ``William B. Bryant Annex''.
       (b) Any reference in a law, map, regulation, document, 
     paper, or other record of the United States to the annex 
     referred to in section 1 shall be deemed to be a reference to 
     the ``William B. Bryant Annex''.
                                 ______
                                 
  SA 2331. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2283 proposed by Mr. Harkin (for himself, Mr. Kennedy, Mr. 
Reid, Mr. Durbin, Mr. Obama, Mr. Bayh, Mr. Kohl, Ms. Mikulski, Mrs. 
Clinton, Mr. Johnson, and Mr. Dayton) to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1 of the amendment, insert ``(such amounts shall be 
     in lieu of amounts appropriated for such purposes under the 
     Department of Defense Appropriations Act, 2006)'' after 
     ``$8,158,589,000''.
                                 ______
                                 
  SA 2332. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2283 proposed by Mr. Harkin (for himself, Mr. Kennedy, Mr. 
Reid, Mr. Durbin, Mr. Obama, Mr. Bayh, Mr. Kohl, Ms. Mikulski, Mrs. 
Clinton, Mr. Johnson, and Mr. Dayton) to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1 of the amendment, insert ``(such amounts shall be 
     in lieu of amounts appropriated for such purposes under the 
     Department of Defense Appropriations Act, 2006 and, 
     notwithstanding any other provision of this Act, shall be 
     used for newly emerging pandemic infectious diseases, which 
     may include pandemic influenza)'' after ``$8,158,589,000''.
                                 ______
                                 
  SA 2333. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2283 proposed by Mr. Harkin (for himself, Mr. Kennedy, Mr. 
Reid, Mr. Durbin, Mr. Obama, Mr. Bayh, Mr. Kohl, Ms. Mikulski, Mrs. 
Clinton, Mr. Johnson, and Mr. Dayton) to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1 of the amendment, insert ``(notwithstanding any 
     other provision of this Act, such amounts shall be used for 
     newly emerging pandemic infectious diseases, which may 
     include pandemic influenza)'' after ``$8,158,589,000''.
                                 ______
                                 
  SA 2334. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2288 submitted by Ms. Stabenow (for herself and Ms. Snowe) 
and intended to be proposed to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following: ``The 
     additional amounts provided for the Office of the National 
     Coordinator for Health Information Technology under this 
     section shall not be made available unless and until Congress 
     approves legislation that authorizes appropriations for such 
     Office.''.

                          ____________________