[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[Senate]
[Pages 23582-23598]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2211. Mrs. CLINTON (for herself and Mr. Schumer) 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. __.(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.
       (b) The amounts provided under subsection (a) are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).
                                 ______
                                 
  SA 2212. Mr. OBAMA (for himself, Mr. Durbin, Mrs. Clinton, Mr. Kerry, 
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 Services.--Notwithstanding any 
     other provision of this Act, amounts made available for the 
     Department of Health and Human Services for consulting 
     services under this Act shall be reduced by $4,500,000.
       (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 2213. Mr. KENNEDY (for himself, Mrs. Clinton, Mr. Schumer, Mr. 
Lieberman, Ms. Mikulski, Mr. Kerry, Mr. Reid, Mr. Lautenberg, Mr. 
Dayton, Ms. Cantwell, Mr. Kohl, Mr. Bingaman, Mr. Durbin, Mr. 
Rockefeller, Mrs. Murray, Mr. Dodd, Mrs. Feinstein, Mr. Reed, and Mr. 
Corzine) 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), insert 
     the following:
       Sec. __. In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, $836,000,000 for 
     carrying out subpart 1 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070). Such additional 
     appropriation shall be used to increase the maximum Pell 
     Grant for which a student shall be eligible during award year 
     2006-2007 by $200 to $4,250, notwithstanding the maximum Pell 
     Grant amount provided under the heading ``Student Financial 
     Assistance'' under this title.
                                 ______
                                 
  SA 2214. 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; 
as follows:

       After section 221, insert the following:
       Sec. 222. For carrying out the Low-Vision Rehabilitation 
     Services Demonstration

[[Page 23583]]

     Project by the Secretary of Health and Human Services, an 
     additional $5,000,000: Provided, That funds made available 
     for general department management under the heading General 
     Department Management under the heading Office of the 
     Secretary are reduced by $5,000,000.
                                 ______
                                 
  SA 2215. 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; 
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 on 
     a pro rata basis by $198,560,000.
                                 ______
                                 
  SA 2216. Mr. KERRY 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 II (before the short title), add the 
     following:
       Sec. __. None of the funds made available in this Act may 
     be used to implement any strategic plan under section 3 of 
     Executive Order 13335 (regarding interoperable health 
     information technology) that lacks a provision that requires 
     the Department of Health and Human Services to give notice to 
     any patient whose information maintained by the Department 
     under the strategic plan is lost, stolen, or used for a 
     purpose other than the purpose for which the information was 
     collected.
                                 ______
                                 
  SA 2217. Mr. NELSON of Florida (for himself, Mr. Feingold, 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:

       After section 221, insert the following:
       Sec. 222. (a) The Comptroller General of the United States 
     shall conduct a study to--
       (1) examine--
       (A) the cost savings that have occurred in States that 
     currently have programs in place for the recycling or reusing 
     of medications that have been dispensed to, but not used by, 
     an inpatient of a long-term care facility; and
       (B) the potential for the expansion of such programs to 
     other States;
       (2) identify measures that could be put in place to 
     maximize cost savings under the programs described in 
     paragraph (1);
       (3) identify--
       (A) the potential safety concerns raised by such programs; 
     and
       (B) the rate of medication error and adverse events under 
     such programs; and
       (4) identify--
       (A) safety procedures currently used under such programs;
       (B) additional safety procedures that could be put in place 
     to eliminate the safety concerns identified under paragraph 
     (3); and
       (C) the infrastructure or resources necessary to implement 
     such additional safety procedures.
       (b) Not later than the date that is 12 months after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on the study 
     conducted under subsection (a), together with such 
     recommendations for legislative or administrative action as 
     the Comptroller General determines to be appropriate.
                                 ______
                                 
  SA 2218. 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:

       At the end of title III (before the short title), insert 
     the following:
       Sec. __. In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $18,500,000 to carry out part G of title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6531 et seq.).
                                 ______
                                 
  SA 2219. 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:

       At the end of title III (before the short title), insert 
     the following:
       Sec. __.(a) In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $4,900,000 to carry out part H of title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6551 et seq.).
       (b) Notwithstanding any other provision of this Act, the 
     amounts made available for administrative expenses and 
     salaries for the Department of Education under this Act shall 
     be reduced by $4,900,000.
                                 ______
                                 
  SA 2220. 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:

       On page 153, between lines 17 and 18, insert the following:
       In addition, for making payments to States for the 
     provision of coverage for prescription drugs under State 
     Medicaid plans (notwithstanding section 1935(d)(1) of the 
     Social Security Act) or under separate drug assistance 
     programs to individuals who have attained age 65 or are 
     disabled, and whose income does not exceed 150 percent of the 
     national poverty level or who are eligible for medical 
     assistance under the State Medicaid plan under a ``medically 
     needy'' or other ``spend down'' eligibility category, 
     including such individuals who are eligible for benefits 
     under titles XVIII and XIX of the Social Security Act, 
     receiving assistance under a State drug assistance program, 
     or receiving coverage under an AIDS Drug Assistance Program, 
     to ensure that such individuals do not lose coverage for 
     prescription drugs or suffer a gap in such coverage due to 
     the implementation of the Medicare prescription drug benefit 
     under part D of title XVIII of such Act, and for making 
     payments to providers of items and services under the State 
     Medicaid plan, including pharmacists, community health 
     centers, rural health clinics, hospitals, critical access 
     hospitals, and physicians, for reimbursement of uncompensated 
     costs associated with the provision of medically necessary 
     drugs for such individuals, $2,000,000,000: Provided, That a 
     State shall not receive such payments unless the State 
     notifies the Centers for Medicare and Medicaid Services, not 
     later than December 31, 2005, of the State's plan for the 
     provision of such coverage: Provided further, That a State 
     shall not receive such payments unless the State notifies 
     such individuals and providers of the availability of such 
     coverage: 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.
                                 ______
                                 
  SA 2221. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXVIII of division B, add 
     the following:

     SEC. 2887. TRANSFER TO REDEVELOPMENT AUTHORITIES WITHOUT 
                   CONSIDERATION OF PROPERTY LOCATED AT MILITARY 
                   INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 
                   ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

       (a) Option on Transfer of Real Property and Facilities.--
     Paragraph (2)(C) of section 2905(b) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (1) by inserting ``(i)'' after ``(C)''; and
       (2) by adding at the end the following new clause:
       ``(ii) In the case of any real property or facilities 
     located at an installation for which the date of approval of 
     closure or realignment is after January 1, 2005, including 
     property or facilities that would otherwise be transferred to 
     a military department or other entity within the Department 
     of Defense or the Coast Guard under clause (i), or would 
     otherwise be transferred to another Federal agency--
       ``(I) the Secretary shall, unless the Secretary determines 
     that a transfer of such property or facilities to a military 
     department or other entity within the Department of Defense 
     or the Coast Guard under clause (i), or to the Department of 
     Homeland Security, is necessary in the national security 
     interest of the United States, instead offer to

[[Page 23584]]

     transfer such property or facilities to the redevelopment 
     authority with respect to such installation; and
       ``(II) if the redevelopment authority accepts the offer, 
     transfer such property or facilities to the redevelopment 
     authority, without consideration, subject to the provisions 
     of paragraph (4).''.
       (b) Option on Transfer of Personal Property.--Paragraph (3) 
     of such section is amended--
       (1) in subparagraph (C)(i), by striking ``subparagraphs (E) 
     and (F)'' and inserting ``subparagraphs (F) and (G)'';
       (2) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (3) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) In the case of any personal property located at an 
     installation for which the date of approval of closure or 
     realignment is after January 1, 2005, including property that 
     is determined pursuant to the inventory under subparagraph 
     (A)(i) to be excess property that would otherwise be 
     transferred to another Federal agency under subchapter II of 
     chapter 5 of title 40, United States Code, pursuant to the 
     authority in paragraph (1)(A)--
       ``(i) the Secretary shall, unless the Secretary determines 
     that a transfer of such property to a military department or 
     other entity within the Department of Defense or the Coast 
     Guard, or to the Department of Homeland Security, is 
     necessary in the national security interest of the United 
     States, instead offer to transfer such property to the 
     redevelopment authority with respect to such installation; 
     and
       ``(ii) if the redevelopment authority accepts the offer, 
     transfer such property to the redevelopment authority, 
     without consideration, subject to the provisions of paragraph 
     (4).''.
       (c) Economic Redevelopment.--Paragraph (4)(A) of such 
     section is amended by striking ``purposes of job generation'' 
     and inserting ``purposes of economic redevelopment or job 
     generation''.
       (d) Conforming Change.--Paragraph (4)(B) of such section is 
     amended--
       (1) by striking ``shall seek'' and all that follows through 
     ``with respect to the installation'' and inserting the 
     following: ``may not obtain consideration in connection with 
     any transfer under this paragraph of property located at the 
     installation. The redevelopment authority to which such 
     property is transferred shall'';
       (2) in clause (i), by striking ``agrees'' and inserting 
     ``agree''; and
       (3) in clause (ii)--
       (A) by striking ``executes'' and inserting ``execute''; and
       (B) by striking ``accepts'' and inserting ``accept''.
                                 ______
                                 
  SA 2222. Mr. INOUYE (for himself and Mr. Cochran) 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 in title II, insert the following:
       Sec. __. (a) The Headquarters and Emergency Operations 
     Center Building (Building 21) at the Centers for Disease 
     Control and Prevention is hereby renamed as the Arlen Specter 
     Headquarters and Emergency Operations Center.
       (b) The Global Communications Center Building (Building 19) 
     at the Centers for Disease Control and Prevention is hereby 
     renamed as the Thomas R. Harkin Global Communications Center.
                                 ______
                                 
  SA 2223. Mr. SALAZAR 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. __. In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $15,000,000 to carry out subpart 1 of part A of title IV of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7111 et seq.).
                                 ______
                                 
  SA 2224. Mr. SALAZAR 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), add the 
     following:
       Sec. __. The Secretary of Education shall conduct a study 
     to evaluate the effectiveness of violence prevention programs 
     receiving funding under the Safe and Drug-Free Schools and 
     Communities Act (20 U.S.C. 7101 et seq.) based on, among 
     other things, evidence of deterrent effect, strong research 
     design, sustained effects, and multiple site replication. The 
     study shall also include information on what regular 
     assessment mechanisms exist to allow the Department of 
     Education to evaluate the efficacy of such programs on an 
     ongoing basis. Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Education shall 
     submit a report to Congress describing the findings of the 
     study.
                                 ______
                                 
  SA 2225. Mr. SALAZAR 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 196, strike line 14 and insert the following:

     tional poverty level: Provided further, That the Corporation 
     shall use a portion of the funds made available under this 
     heading to conduct an evaluation, after consultation with 
     experts on national service programs and rural community 
     leaders, of programs carried out under the national service 
     laws (consisting of that Act and the National and Community 
     Service Act of 1990) in rural areas, to determine utilization 
     of the programs and to develop new and innovative strategies 
     that would prioritize geographic diversity of the programs 
     carried out under the national service laws to increase the 
     presence of the programs in rural areas.
                                 ______
                                 
  SA 2226. Mr. SALAZAR 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. ___. APPLICATIONS FOR IMPACT AID PAYMENT.

       Notwithstanding paragraphs (2) and (3) of section 8005(d) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7705(d)(2) and (3)), the Secretary of Education shall 
     treat as timely filed, and shall process for payment, an 
     application under section 8002 or section 8003 of such Act 
     (20 U.S.C. 7702, 7703) for fiscal year 2005 from a local 
     educational agency--
       (1) that, for each of the fiscal years 2000 through 2004, 
     submitted an application by the date specified by the 
     Secretary of Education under section 8005(c) of such Act for 
     the fiscal year;
       (2) for which a reduction of more than $1,000,000 was made 
     under section 8005(d)(2) of such Act by the Secretary of 
     Education as a result of the agency's failure to file a 
     timely application under section 8002 or 8003 of such Act for 
     fiscal year 2005; and
       (3) that submits an application for fiscal year 2005 during 
     the period beginning on February 2, 2004, and ending on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2227. Mr. LIEBERMAN 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 143, line 22, before the period, insert the 
     following: ``: Provided further, the Centers for Disease 
     Control and Prevention shall use not more than $10,000,000 of 
     funds provided under this heading to offer to enter into a 
     contract with 1 or more eligible organizations to establish a 
     Global Network for Avian Influenza Surveillance''.
                                 ______
                                 
  SA 2228. 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.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
                                 ______
                                 
  SA 2229. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of

[[Page 23585]]

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) Notwithstanding any other provision of this 
     Act, amounts not required by law provided in this Act for 
     fiscal year 2006 are reduced by 5 percent.
       (b) Any reduction made under this section shall be applied 
     proportionately to each discretionary account and each item 
     of budget authority covered by this Act, and within each 
     account and item, to each program, project, and activity.
       (c) Notwithstanding subsection (a), the President, in 
     consultation with the Chairman and Ranking Member of the 
     applicable authorizing committees of the Congress, may except 
     certain programs, projects, and accounts, in whole or in 
     part, from a reduction required by subsection (a), provided 
     that such exceptions do not, in the aggregate, exceed an 
     amount equal to 1 percent of the overall reduction.
                                 ______
                                 
  SA 2230. Mr. COBURN 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. 517. LIMITATION ON FUNDING FOR CONFERENCES.

       (a) Department of Labor.--Of the funds made available for 
     the Department of Labor under the heading ``Departmental 
     Management, Salaries and Expenses'' in title I, not to exceed 
     $2,000,000 shall be available for expenses related to 
     conferences, including for conference programs, staff time, 
     travel costs, and related expenses.
       (b) Department of Health and Human Services.--Of the funds 
     made available for the Department of Health and Human 
     Services under the heading ``Office of the Secretary, General 
     Departmental Management'' in title II, not to exceed 
     $25,000,000 shall be available for expenses related to 
     conferences, including for conference programs, staff time, 
     travel costs, and related expenses.
       (c) Department of Education.--Of the funds made available 
     for the Department of Education under the heading 
     ``Departmental Management, Program Administration'' in title 
     III, not to exceed $2,000,000 shall be available for expenses 
     related to conferences, including for conference programs, 
     staff time, travel costs, and related expenses.
                                 ______
                                 
  SA 2231. Mr. COBURN 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. __. Any limitation, directive, or earmarking contained 
     in either the House of Representatives or Senate report 
     accompanying H.R. 3010 shall also be included in the 
     conference report or joint statement accompanying H.R. 3010 
     in order to be considered as having been approved by both 
     Houses of Congress.
                                 ______
                                 
  SA 2232. Mr. COBURN 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 139, line 16, insert after the colon the following: 
     ``Provided further, That in addition to amounts otherwise 
     made available for State AIDS Drug Assistance Programs 
     authorized by such section 2616, the Secretary shall transfer 
     $60,000,000 from the amount appropriated under this Act for 
     the construction and renovation of the facilities of the 
     Centers for Disease Control and Prevention to carry out such 
     Drug Assistance Programs:''.
                                 ______
                                 
  SA 2233. Mr. COBURN 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. __. Notwithstanding any other provision of this Act, 
     none of the funds appropriated in this Act may be used for 
     any activities associated with HIV Vaccine Awareness Day.
                                 ______
                                 
  SA 2234. Mr. COBURN 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. 517. None of the funds provided under this Act may be 
     used by the Department of Health and Human Services or the 
     Department of Education for programs and activities not in 
     compliance with the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note, Public Law 107-300), including programs 
     and activities under the Temporary Assistance for Needy 
     Families Program under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.), the Foster Care and 
     Adoption Assistance Program under part E of title IV of such 
     Act (42 U.S.C. 670 et seq,), the Medicaid program under title 
     XIX of such Act (42 U.S.C. 1396 et seq.), the State 
     Children's Health Insurance Program under title XXI of such 
     Act (42 U.S.C. 1397aa et seq.), the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 
     and title I of the Elementary and Secondary Education Act of 
     1965.
                                 ______
                                 
  SA 2235. Mr. COBURN 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, line 4, strike ``, and'' and all that follows 
     through ``Hawaiian law'' on line 6.
                                 ______
                                 
  SA 2236. Mr. SANTORUM 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) No funds appropriated under this Act may be 
     provided to hospitals or other facilities at which partial-
     birth abortions are performed.
       (b) Subsection (a) shall not apply to a partial-birth 
     abortion that is necessary to save the life of a mother whose 
     life is endangered by a physical disorder, physical illness, 
     or physical injury, including a life-endangering physical 
     condition caused by or arising from the pregnancy itself.
       (c) In this section, the term ``partial-birth abortion'' 
     means an abortion in which the person performing the 
     abortion--
       (1) deliberately and intentionally vaginally delivers a 
     living fetus until, in the case of a head-first presentation, 
     the entire fetal head is outside the body of the mother, or, 
     in the case of breech presentation, any part of the fetal 
     trunk past the navel is outside the body of the mother, for 
     the purpose of performing an overt act that the person knows 
     will kill the partially delivered living fetus; and
       (2) performs the overt act, other than completion of 
     delivery, that kills the partially delivered living fetus.
                                 ______
                                 
  SA 2237. Mr. SANTORUM 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. __. PROMOTION OF FAMILY FORMATION AND HEALTHY MARRIAGE.

       (a) State Plans.--Section 402(a)(1)(A) of the Social 
     Security Act (42 U.S.C. 602(a)(1)(A)) is amended by adding at 
     the end the following:
       ``(vii) Encourage equitable treatment of healthy 2-parent 
     married families under the program referred to in clause 
     (i).''.
       (b) Healthy Marriage Promotion Grants; Repeal of Bonus for 
     Reduction of Illegitimacy Ratio.--Section 403(a)(2) of such 
     Act (42 U.S.C. 603(a)(2)) is amended to read as follows:
       ``(2) Healthy marriage promotion grants.--
       ``(A) Authority.--
       ``(i) In general.--The Secretary shall award competitive 
     grants to States and Indian tribes [and tribal organizations] 
     for not

[[Page 23586]]

     more than 50 percent of the cost of developing and 
     implementing innovative programs to promote and support 
     healthy 2-parent married families.
       ``(ii) Use of other tanf funds.--A State or Indian tribe 
     with an approved tribal family assistance plan may use funds 
     provided under other grants made under this part for all or 
     part of the expenditures incurred for the remainder of the 
     costs described in clause (i). In the case of a State, any 
     such funds expended shall not be considered qualified State 
     expenditures for purposes of section 409(a)(7).
       ``(B) Healthy marriage promotion activities.--Funds 
     provided under subparagraph (A) and corresponding State 
     matching funds shall be used to support any of the following 
     programs or activities:
       ``(i) Public advertising campaigns on the value of marriage 
     and the skills needed to increase marital stability and 
     health.
       ``(ii) Education in high schools on the importance of 
     healthy marriages and the characteristics of other healthy 
     relationships experienced throughout life, including 
     education on the importance of grounding all relationships in 
     mutual respect and how earlier healthy relationships are the 
     building blocks for later healthy marital relationships.
       ``(iii) Marriage education, marriage skills, and 
     relationship skills programs, that may include parenting 
     skills, financial management, conflict resolution, and job 
     and career advancement, for non-married pregnant women, non-
     married expectant fathers, and non-married recent parents.
       ``(iv) Pre-marital education and marriage skills training 
     for engaged couples and for couples or individuals interested 
     in marriage.
       ``(v) Marriage enhancement and marriage skills training 
     programs for married couples.
       ``(vi) Divorce reduction programs that teach relationship 
     skills.
       ``(vii) Marriage mentoring programs which use married 
     couples as role models and mentors.
       ``(viii) Programs to reduce the disincentives to marriage 
     in means-tested aid programs, if offered in conjunction with 
     any activity described in this subparagraph.
       ``(C) Voluntary participation.--
       ``(i) In general.--Participation in programs or activities 
     described in any of clauses (iii) through (vii) of 
     subparagraph (B) shall be voluntary.
       ``(ii) Assurance of informed consent and option to 
     disenroll.--Each State or Indian tribe or tribal organization 
     that carries out programs or activities described in any of 
     clauses (iii) through (vii) of subparagraph (B) shall provide 
     the Secretary with an assurance that each recipient of 
     assistance under a State or tribal program funded under this 
     part who elects to participate in such programs or activities 
     shall be informed, prior to making such election--

       ``(I) that such participation is voluntary;
       ``(II) that the recipient may elect at any time to 
     disenroll from such programs or activities by notifying the 
     State or Indian tribe or tribal organization that the 
     recipient no longer wants to participate in such programs or 
     activities;
       ``(III) of the process, if any, by which a recipient who 
     chooses to withdraw from, or fails to participate in, such 
     programs or activities may be required to follow to become 
     engaged in other programs or activities that are not programs 
     or activities described in clauses (iii) through (vii) of 
     subparagraph (B); and
       ``(IV) that the State may reassign a recipient at any time 
     to other activities that are not programs or activities 
     described in clauses (iii) through (vii) of subparagraph (B).

       ``(iii) No sanction for refusal or failure to 
     participate.--

       ``(I) In general.--No State or Indian tribe shall deny or 
     reduce assistance to a recipient of assistance under a State 
     or tribal program funded under this part solely on the basis 
     of the recipient's withdrawal from, or failure to, 
     participate in programs or activities described in clauses 
     (iii) through (vii) of subparagraph (B).
       ``(II) Rule of construction.--Nothing in this subparagraph 
     shall be construed as precluding a State or Indian tribe from 
     requiring a recipient of assistance under a State or tribal 
     program funded under this part to engage in programs or 
     activities that are not programs or activities described in 
     clauses (iii) through (vii) of subparagraph (B) or to 
     sanction a recipient for failure to engage in such programs 
     or activities or to follow any such procedures the State may 
     establish to enroll a recipient in such other programs or 
     activities.

       ``(D) General rules governing use of funds.--The rules of 
     section 404, other than subsection (b) of that section, shall 
     not apply to a grant made under this paragraph.
       ``(E) Requirements for receipt of funds.--A State or Indian 
     tribe or tribal organization may not be awarded a grant under 
     this paragraph unless the State or Indian tribe or tribal 
     organization, as a condition of receiving funds under such a 
     grant--
       ``(i) consults with domestic violence organizations that 
     have demonstrated expertise working with survivors of 
     domestic violence in developing policies, procedures, 
     programs and training necessary to appropriately address 
     domestic violence in families served by programs and 
     activities funded under such grant;
       ``(ii) describes in the application for a grant under this 
     paragraph--

       ``(I) how the programs or activities proposed to be 
     conducted will appropriately address issues of domestic 
     violence; and
       ``(II) what the State or Indian tribe or tribal 
     organization, will do, to the extent relevant, to ensure that 
     participation in such programs or activities is voluntary, 
     and to inform potential participants that their involvement 
     is voluntary;

       ``(iii) establishes a written protocol for providers and 
     administrators of programs and activities relevant to the 
     grant that--

       ``(I) provides for helping identify instances or risks of 
     domestic violence; and
       ``(II) specifies the procedures for making service 
     referrals and providing protections and appropriate 
     assistance for identified individuals and families;

       ``(iv) establishes performance goals for funded programs 
     and activities that clarify the primary objective of such 
     funded programs and activities is to increase the incidence 
     and quality of healthy marriages and not solely to expand the 
     number or percentage of married couples; and
       ``(v) submits the annual reports required under 
     subparagraph (F).
       ``(F) Annual reports to the secretary.--Each State and 
     Indian tribe or tribal organization awarded a grant under 
     this paragraph shall submit to the Secretary an annual report 
     on the programs and activities funded under the grant that 
     includes the following:
       ``(i) A description of the written protocols developed in 
     accordance with the requirements of subparagraph (E)(iii) for 
     each program or activity funded under the grant and how such 
     protocols are used, including specific policies and 
     procedures for addressing domestic violence issues within 
     each program or activity funded under the grant and how 
     confidentiality issues are addressed.
       ``(ii) The name of each individual, organization, or entity 
     that was consulted in the development of such protocols.
       ``(iii) A description of each individual, organization, or 
     entity (if any) that provided training on domestic violence 
     for the State, Indian tribe or tribal organization, or for 
     any subgrantees.
       ``(iv) A description of any implementation issues 
     identified with respect to domestic violence and how such 
     issues were addressed.
       ``(G) Biannual reports to congress.--Not later than 24 
     months after the date of enactment of the Departments of 
     Labor, Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2006, and every 6 months 
     thereafter, the Secretary shall submit to Congress a report 
     regarding the programs and activities funded with grants 
     awarded under this paragraph. Each report submitted in 
     accordance with this subparagraph shall include the 
     following:
       ``(i) The name of each program or activity funded with such 
     grants and the name of each grantee and subgrantee.
       ``(ii) The total number of individuals served under 
     programs or activities funded under the grant.
       ``(iii) The total number of individuals who--

       ``(I) completed a program or activity funded under the 
     grant, including the number of such individuals who received 
     assistance under a State or tribal program funded under this 
     part or with qualified State expenditures (as defined in 
     section 409(a)(7)(B)(i)) while participating in such program 
     or activity; and
       ``(II) did not complete such a program or activity, 
     including due to ceasing to receive assistance under a State 
     or tribal program funded under this part or with qualified 
     State expenditures (as defined in section 409(a)(7)(B)(i)) or 
     for other reasons.

       ``(iv) A description of the types of services offered under 
     such programs or activities.
       ``(v) The criteria for selection of programs or activities 
     to be funded under such grant with respect to the award of 
     grants by the Secretary and the awarding of funds to 
     subgrantees.
       ``(vi) A description of the activities carried out by the 
     Secretary to support grantees and subgrantees in responding 
     to domestic violence issues.
       ``(v) A summary of the written domestic violence protocols 
     used by grantees and subgrantees.
       ``(vii) A summary of who the grantees and subgrantees 
     consulted with in developing such protocols.
       ``(viii) A summary of the training provided to grantees and 
     subgrantees on domestic violence.
       ``(ix) A list of the organizations, entities, and 
     activities funded under section 413(k).
       ``(H) Domestic violence defined.--In this paragraph, the 
     term `domestic violence' has the meaning given that term in 
     section 402(a)(7)(B).
       ``(I) Appropriation.--
       ``(i) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2006 through 2011, 
     $100,000,000 for grants under this paragraph.
       ``(ii) Extended availability of funds.--

       ``(I) In general.--Funds appropriated under clause (i) for 
     each of fiscal years 2006

[[Page 23587]]

     through 2011 shall remain available to the Secretary until 
     expended.
       ``(II) Authority for grant recipients.--A State or Indian 
     tribe or tribal organization may use funds made available 
     under a grant awarded under this paragraph without fiscal 
     year limitation pursuant to the terms of the grant.''.

       (c) Counting of Spending on Non-Eligible Families To 
     Prevent and Reduce Incidence of Out-of-Wedlock Births, 
     Encourage Formation and Maintenance of Healthy 2-Parent 
     Married Families, or Encourage Responsible Fatherhood.--
     Section 409(a)(7)(B)(i) of such Act (42 U.S.C. 
     609(a)(7)(B)(i)) is amended by adding at the end the 
     following:

       ``(V) Counting of spending on non-eligible families to 
     prevent and reduce incidence of out-of-wedlock births, 
     encourage formation and maintenance of healthy 2-parent 
     married families, or encourage responsible fatherhood.--
     Subject to subclauses (II) and (III), the term `qualified 
     State expenditures' includes the total expenditures by the 
     State during the fiscal year under all State programs for a 
     purpose described in paragraph (3) or (4) of section 
     401(a).''.

       (d) Purposes.--Section 401(a)(4) of such Act (42 U.S.C. 
     601(a)(4)) is amended by striking ``two-parent families'' and 
     inserting ``healthy 2-parent married families, and encourage 
     responsible fatherhood''.
       (e) Secretary's Fund for Research, Demonstrations, and 
     Technical Assistance.--Section 413 of such Act (42 U.S.C. 
     613) is amended by adding at the end the following:
       ``(k) Funding for Research, Demonstrations, and Technical 
     Assistance.--
       ``(1) Appropriation.--
       ``(A) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $80,000,000 for each of fiscal years 2006 
     through 2011, which shall remain available to the Secretary 
     until expended.
       ``(B) Use of funds.--
       ``(i) In general.--Funds appropriated under subparagraph 
     (A) for a fiscal year shall be expended for the purpose of 
     conducting or supporting research and demonstration projects 
     by public or private entities in connection with activities 
     described in section 403(a)(2)(B), or for providing technical 
     assistance in connection with such activities, to States, 
     Indian tribal organizations, sub-State entities, and such 
     other entities as the Secretary may specify.
       ``(ii) Amounts in addition to other funds.--Funds 
     appropriated under subparagraph (A) and expended in 
     accordance with this subsection shall be in addition to any 
     other funds made available under this part for activities 
     described in section 403(a)(2)(B).
       ``(2) Secretary's authority.--The Secretary may conduct 
     activities authorized by this subsection directly or through 
     grants, contracts, or interagency agreements with public or 
     private entities.
       ``(3) Requirement for use of funds.--The Secretary shall 
     not pay any funds appropriated under paragraph (1)(A) to an 
     entity for the purpose of conducting or supporting research 
     and demonstration projects involving activities described in 
     section 403(a)(2)(B) unless the entity, as a condition of 
     receiving funds under such a grant--
       ``(A) describes in the application for a grant under this 
     subsection--
       ``(i) how the programs or activities proposed to be 
     conducted will appropriately address issues of domestic 
     violence; and
       ``(ii) what the organization will do to ensure that 
     participation in such programs or activities is voluntary, in 
     accordance with the provisions of section 403(a)(2)(C), and 
     to inform potential participants that their involvement is 
     voluntary; and
       ``(B) establishes a written protocol for providers and 
     administrators of programs and activities relevant to the 
     grant that--
       ``(i) provides for helping identify instances or risks of 
     domestic violence; and
       ``(ii) specifies the procedures for making service 
     referrals and providing protections and appropriate 
     assistance for identified individuals and families.''.
       (f) Reduction in Bonus To Reward High Performance States.--
     Section 403(a)(4) of the Social Security Act (42 U.S.C. 
     603(a)(4)) is amended--
       (1) in subparagraph (D)(ii)--
       (A) in subclause (I), by striking ``$200,000,000'' and 
     inserting ``$120,000,000''; and
       (B) in subclause (II), by striking ``$1,000,000,000'' and 
     inserting ``$720,000,000'';
       (2) in subparagraph (E)(i), by striking ``1999, 2000, 2001, 
     2002, and 2003'' and inserting ``2006, 2007, 2008, 2009, 
     2010, and 2011''; and
       (3) in subparagraph (F), by striking ``1999 through 2003 
     $1,000,000,000'' and inserting ``2006 through 2011, 
     $720,000,000''.
       (g) Effective Date.--The amendments made by this section 
     shall be effective as if enacted on October 1, 2005, and 
     shall apply without fiscal year limitation.
                                 ______
                                 
  SA 2238. Mr. SANTORUM 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. __. RESPONSIBLE FATHERHOOD PROGRAM.

       (a) Responsible Fatherhood Program.--
       (1) Findings.--Congress makes the following findings:
       (A) Nearly 24,000,000 children in the United States, or 34 
     percent of all such children, live apart from their 
     biological father.
       (B) Sixty percent of couples who divorce have at least 1 
     child.
       (C) The number of children living with only a mother 
     increased from just over 5,000,000 in 1960 to 17,000,000 in 
     1999, and between 1981 and 1991 the percentage of children 
     living with only 1 parent increased from 19 percent to 25 
     percent.
       (D) Forty percent of children who live in households 
     without a father have not seen their father in at least 1 
     year and 50 percent of such children have never visited their 
     father's home.
       (E) The most important factor in a child's upbringing is 
     whether the child is brought up in a loving, healthy, 
     supportive environment.
       (F) Children who live without contact with their biological 
     father are, in comparison to children who have such contact--
       (i) 5 times more likely to live in poverty;
       (ii) more likely to bring weapons and drugs into the 
     classroom;
       (iii) twice as likely to commit crime;
       (iv) twice as likely to drop out of school;
       (v) more likely to commit suicide;
       (vi) more than twice as likely to abuse alcohol or drugs; 
     and
       (vii) more likely to become pregnant as teenagers.
       (G) Violent criminals are overwhelmingly males who grew up 
     without fathers.
       (H) Between 20 and 30 percent of families in poverty are 
     headed by women who have suffered domestic violence during 
     the past year, and between 40 and 60 percent of women with 
     children receiving welfare were abused sometime during their 
     life.
       (I) Responsible fatherhood includes active participation in 
     financial support and child care, as well as the formation 
     and maintenance of a positive, healthy, and nonviolent 
     relationship between father and child and a cooperative 
     relationship between parents.
       (J) States should be encouraged to implement programs that 
     provide support for responsible fatherhood, promote marriage, 
     and increase the incidence of marriage, and should not be 
     restricted from implementing such programs.
       (K) Fatherhood programs should promote and provide support 
     services for--
       (i) loving and healthy relationships between parents and 
     children; and
       (ii) cooperative parenting.
       (L) There is a social need to reconnect children and 
     fathers.
       (M) The promotion of responsible fatherhood and 
     encouragement of healthy 2-parent married families should 
     not--
       (i) denigrate the standing or parenting efforts of single 
     mothers or other caregivers;
       (ii) lessen the protection of children from abusive 
     parents; or
       (iii) compromise the safety or health of the custodial 
     parent;
     but should increase the chance that children will have 2 
     caring parents to help them grow up healthy and secure.
       (N) The promotion of responsible fatherhood must always 
     recognize and promote the values of nonviolence.
       (O) For the future of the United States and the future of 
     our children, Congress, States, and local communities should 
     assist parents to become more actively involved in their 
     children's lives.
       (P) Child support is an important means by which a parent 
     can take financial responsibility for a child and emotional 
     support is an important means by which a parent can take 
     social responsibility for a child.
       (2) Fatherhood program.--Title I of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (Public Law 104-193) is amended by adding at the end the 
     following:

     ``SEC. 117. FATHERHOOD PROGRAM.

       ``(a) In General.--Title IV (42 U.S.C. 601-679b) is amended 
     by inserting after part B the following:

               ```PART C--RESPONSIBLE FATHERHOOD PROGRAM

      ```SEC. 441. RESPONSIBLE FATHERHOOD GRANTS.

       ```(a) Grants to States To Conduct Demonstration 
     Programs.--
       ```(1) Authority to award grants.--
       ```(A) In general.--The Secretary shall award grants to up 
     to 10 eligible States to conduct demonstration programs to 
     carry out the purposes described in paragraph (2).
       ```(B) Eligible state.--For purposes of this subsection, an 
     eligible State is a State that submits to the Secretary the 
     following:
       ```(i) Application.--An application for a grant under this 
     subsection, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ```(ii) State plan.--A State plan that includes the 
     following:

       ```(I) Project description.--A description of the programs 
     or activities the State will

[[Page 23588]]

     fund under the grant, including a good faith estimate of the 
     number and characteristics of clients to be served under such 
     projects and how the State intends to achieve at least 2 of 
     the purposes described in paragraph (2).
       ```(II) Coordination efforts.--A description of how the 
     State will coordinate and cooperate with State and local 
     entities responsible for carrying out other programs that 
     relate to the purposes intended to be achieved under the 
     demonstration program, including as appropriate, entities 
     responsible for carrying out jobs programs and programs 
     serving children and families.
       ```(III) Records, reports, and audits.--An agreement to 
     maintain such records, submit such reports, and cooperate 
     with such reviews and audits as the Secretary finds necessary 
     for purposes of oversight of the demonstration program.

       ```(iii) Certifications.--The following certifications from 
     the chief executive officer of the State:

       ```(I) A certification that the State will use funds 
     provided under the grant to promote at least 2 of the 
     purposes described in paragraph (2).
       ```(II) A certification that the State will return any 
     unused funds to the Secretary in accordance with the 
     reconciliation process under paragraph (5).
       ```(III) A certification that the funds provided under the 
     grant will be used for programs and activities that target 
     low-income participants and that not less than 50 percent of 
     the participants in each program or activity funded under the 
     grant shall be--

       ```(aa) parents of a child who is, or within the past 24 
     months has been, a recipient of assistance or services under 
     a State program funded under part A, D, or E of this title, 
     title XIX, or the Food Stamp Act of 1977; or
       ```(bb) parents, including an expectant parent or a married 
     parent, whose income (after adjustment for court-ordered 
     child support paid or received) does not exceed 150 percent 
     of the poverty line.

       ```(IV) A certification that the State has or will comply 
     with the requirements of paragraph (4).
       ```(V) A certification that funds provided to a State under 
     this subsection shall not be used to supplement or supplant 
     other Federal, State, or local funds that are used to support 
     programs or activities that are related to the purposes 
     described in paragraph (2).

       ```(C) Preferences and factors of consideration.--In 
     awarding grants under this subsection, the Secretary shall 
     take into consideration the following:
       ```(i) Diversity of entities used to conduct programs and 
     activities.--The Secretary shall, to the extent practicable, 
     achieve a balance among the eligible States awarded grants 
     under this subsection with respect to the size, urban or 
     rural location, and employment of differing or unique methods 
     of the entities that the eligible States intend to use to 
     conduct the programs and activities funded under the grants.
       ```(ii) Priority for certain states.--The Secretary shall 
     give priority to awarding grants to eligible States that 
     have--

       ```(I) demonstrated progress in achieving at least 1 of the 
     purposes described in paragraph (2) through previous State 
     initiatives; or
       ```(II) demonstrated need with respect to reducing the 
     incidence of out-of-wedlock births or absent fathers in the 
     State.

       ```(2) Purposes.--The purposes described in this paragraph 
     are the following:
       ```(A) Promoting responsible fatherhood through marriage 
     promotion.--To promote marriage or sustain marriage through 
     activities such as counseling, mentoring, disseminating 
     information about the benefits of marriage and 2-parent 
     involvement for children, enhancing relationship skills, 
     education regarding how to control aggressive behavior, 
     disseminating information on the causes of domestic violence 
     and child abuse, marriage preparation programs, premarital 
     counseling, marital inventories, skills-based marriage 
     education, financial planning seminars, including improving a 
     family's ability to effectively manage family business 
     affairs by means such as education, counseling, or mentoring 
     on matters related to family finances, including household 
     management, budgeting, banking, and handling of financial 
     transactions and home maintenance, and divorce education and 
     reduction programs, including mediation and counseling.
       ```(B) Promoting responsible fatherhood through parenting 
     promotion.--To promote responsible parenting through 
     activities such as counseling, mentoring, and mediation, 
     disseminating information about good parenting practices, 
     skills-based parenting education, encouraging child support 
     payments, and other methods.
       ```(C) Promoting responsible fatherhood through fostering 
     economic stability of fathers.--To foster economic stability 
     by helping fathers improve their economic status by providing 
     activities such as work first services, job search, job 
     training, subsidized employment, job retention, job 
     enhancement, and encouraging education, including career-
     advancing education, dissemination of employment materials, 
     coordination with existing employment services such as 
     welfare-to-work programs, referrals to local employment 
     training initiatives, and other methods.
       ```(3) Restriction on use of funds.--No funds provided 
     under this subsection may be used for costs attributable to 
     court proceedings regarding matters of child visitation or 
     custody, or for legislative advocacy.
       ```(4) Requirements for receipt of funds.--A State may not 
     be awarded a grant under this section unless the State, as a 
     condition of receiving funds under such a grant--
       ```(A) consults with experts in domestic violence or with 
     relevant community domestic violence coalitions in developing 
     such programs or activities; and
       ```(B) describes in the application for a grant under this 
     section--
       ```(i) how the programs or activities proposed to be 
     conducted will address, as appropriate, issues of domestic 
     violence; and
       ```(ii) what the State will do, to the extent relevant, to 
     ensure that participation in such programs or activities is 
     voluntary, and to inform potential participants that their 
     involvement is voluntary.
       ```(5) Reconciliation process.--
       ```(A) 3-year availability of amounts allotted.--Each 
     eligible State that receives a grant under this subsection 
     for a fiscal year shall return to the Secretary any unused 
     portion of the grant for such fiscal year not later than the 
     last day of the second succeeding fiscal year, together with 
     any earnings on such unused portion.
       ```(B) Procedure for redistribution.--The Secretary shall 
     establish an appropriate procedure for redistributing to 
     eligible States that have expended the entire amount of a 
     grant made under this subsection for a fiscal year any amount 
     that is returned to the Secretary by eligible States under 
     subparagraph (A).
       ```(6) Amount of grants.--
       ```(A) In general.--Subject to subparagraph (B), the amount 
     of each grant awarded under this subsection shall be an 
     amount sufficient to implement the State plan submitted under 
     paragraph (1)(B)(ii).
       ```(B) Minimum amounts.--No eligible State shall--
       ```(i) in the case of the District of Columbia or a State 
     other than the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands, receive a grant for a fiscal 
     year in an amount that is less than $1,000,000; and
       ```(ii) in the case of the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, receive a grant 
     for a fiscal year in an amount that is less than $500,000.
       ```(7) Definition of state.--In this subsection, the term 
     `State' means each of the 50 States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
       ```(8) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2006 through 2010, 
     $20,000,000 for purposes of making grants to eligible States 
     under this subsection.
       ```(b) Grants to Eligible Entities To Conduct Demonstration 
     Programs.--
       ```(1) Authority to award grants.--
       ```(A) In general.--The Secretary shall award grants to 
     eligible entities to conduct demonstration programs to carry 
     out the purposes described in subsection (a)(2).
       ```(B) Eligible entity.--For purposes of this subsection, 
     an eligible entity is a local government, local public 
     agency, community-based or nonprofit organization, or private 
     entity, including any charitable or faith-based organization, 
     or an Indian tribe or tribal organization (as defined in 
     section 419(4)), that submits to the Secretary the following:
       ```(i) Application.--An application for a grant under this 
     subsection, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ```(ii) Project description.--A description of the programs 
     or activities the entity intends to carry out with funds 
     provided under the grant, including a good faith estimate of 
     the number and characteristics of clients to be served under 
     such programs or activities and how the entity intends to 
     achieve at least 2 of the purposes described in subsection 
     (a)(2).
       ```(iii) Coordination efforts.--A description of how the 
     entity will coordinate and cooperate with State and local 
     entities responsible for carrying out other programs that 
     relate to the purposes intended to be achieved under the 
     demonstration program, including as appropriate, entities 
     responsible for carrying out jobs programs and programs 
     serving children and families.
       ```(iv) Records, reports, and audits.--An agreement to 
     maintain such records, submit such reports, and cooperate 
     with such reviews and audits as the Secretary finds necessary 
     for purposes of oversight of the demonstration program.
       ```(v) Certifications.--The following certifications:

       ```(I) A certification that the entity will use funds 
     provided under the grant to promote at least 2 of the 
     purposes described in subsection (a)(2).
       ```(II) A certification that the entity will return any 
     unused funds to the Secretary in

[[Page 23589]]

     accordance with the reconciliation process under paragraph 
     (3).
       ```(III) A certification that the funds provided under the 
     grant will be used for programs and activities that target 
     low-income participants and that not less than 50 percent of 
     the participants in each program or activity funded under the 
     grant shall be--

       ```(aa) parents of a child who is, or within the past 24 
     months has been, a recipient of assistance or services under 
     a State program funded under part A, D, or E of this title, 
     title XIX, or the Food Stamp Act of 1977; or
       ```(bb) parents, including an expectant parent or a married 
     parent, whose income (after adjustment for court-ordered 
     child support paid or received) does not exceed 150 percent 
     of the poverty line.

       ```(IV) A certification that the entity has or will comply 
     with the requirements of paragraph (3).
       ```(V) A certification that funds provided to an entity 
     under this subsection shall not be used to supplement or 
     supplant other Federal, State, or local funds provided to the 
     entity that are used to support programs or activities that 
     are related to the purposes described in subsection (a)(2).

       ```(C) Preferences and factors of consideration.--In 
     awarding grants under this subsection, the Secretary shall, 
     to the extent practicable, achieve a balance among the 
     eligible entities awarded grants under this subsection with 
     respect to the size, urban or rural location, and employment 
     of differing or unique methods of the entities.
       ```(2) Restriction on use of funds.--No funds provided 
     under this subsection may be used for costs attributable to 
     court proceedings regarding matters of child visitation or 
     custody, or for legislative advocacy.
       ```(3) Requirements for use of funds.--The Secretary may 
     not award a grant under this subsection to an eligible entity 
     unless the entity, as a condition of receiving funds under 
     such a grant--
       ```(A) consults with experts in domestic violence or with 
     relevant community domestic violence coalitions in developing 
     the programs or activities to be conducted with such funds 
     awarded under the grant; and
       ```(B) describes in the application for a grant under this 
     section--
       ```(i) how the programs or activities proposed to be 
     conducted will address, as appropriate, issues of domestic 
     violence; and
       ```(ii) what the entity will do, to the extent relevant, to 
     ensure that participation in such programs or activities is 
     voluntary, and to inform potential participants that their 
     involvement is voluntary.
       ```(4) Reconciliation process.--
       ```(A) 3-year availability of amounts allotted.--Each 
     eligible entity that receives a grant under this subsection 
     for a fiscal year shall return to the Secretary any unused 
     portion of the grant for such fiscal year not later than the 
     last day of the second succeeding fiscal year, together with 
     any earnings on such unused portion.
       ```(B) Procedure for redistribution.--The Secretary shall 
     establish an appropriate procedure for redistributing to 
     eligible entities that have expended the entire amount of a 
     grant made under this subsection for a fiscal year any amount 
     that is returned to the Secretary by eligible entities under 
     subparagraph (A).
       ```(5) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     appropriated for each of fiscal years 2006 through 2010, 
     $25,000,000 for purposes of making grants to eligible 
     entities under this subsection.

     ```SEC. 442. NATIONAL CLEARINGHOUSE FOR RESPONSIBLE 
                   FATHERHOOD PROGRAMS.

       ```(a) Media Campaign National Clearinghouse for 
     Responsible Fatherhood.--
       ```(1) In general.--From any funds appropriated under 
     subsection (c), the Secretary shall contract with a 
     nationally recognized, nonprofit fatherhood promotion 
     organization described in subsection (b) to--
       ```(A) develop, promote, and distribute to interested 
     States, local governments, public agencies, and private 
     entities a media campaign that encourages the appropriate 
     involvement of parents in the life of any child, with a 
     priority for programs that specifically address the issue of 
     responsible fatherhood; and
       ```(B) develop a national clearinghouse to assist States 
     and communities in efforts to promote and support marriage 
     and responsible fatherhood by collecting, evaluating, and 
     making available (through the Internet and by other means) to 
     other States information regarding the media campaigns 
     established under section 443.
       ```(2) Coordination with domestic violence programs.--The 
     Secretary shall ensure that the nationally recognized 
     nonprofit fatherhood promotion organization with a contract 
     under paragraph (1) coordinates the media campaign developed 
     under subparagraph (A) of such paragraph and the national 
     clearinghouse developed under subparagraph (B) of such 
     paragraph with national, State, or local domestic violence 
     programs.
       ```(b) Nationally Recognized, Nonprofit Fatherhood 
     Promotion Organization Described.--The nationally recognized, 
     nonprofit fatherhood promotion organization described in this 
     subsection is an organization that has at least 4 years of 
     experience in--
       ```(1) designing and disseminating a national public 
     education campaign, as evidenced by the production and 
     successful placement of television, radio, and print public 
     service announcements that promote the importance of 
     responsible fatherhood, a track record of service to Spanish-
     speaking populations and historically underserved or minority 
     populations, the capacity to fulfill requests for information 
     and a proven history of fulfilling such requests, and a 
     mechanism through which the public can request additional 
     information about the campaign; and
       ```(2) providing consultation and training to community-
     based organizations interested in implementing fatherhood 
     outreach, support, or skill development programs with an 
     emphasis on promoting married fatherhood as the ideal.
       ```(c) Authorization of Appropriations.--There is 
     authorized to be appropriated $5,000,000 for each of fiscal 
     years 2006 through 2010 to carry out this section.

     ```SEC. 443. BLOCK GRANTS TO STATES TO ENCOURAGE MEDIA 
                   CAMPAIGNS.

       ```(a) Definitions.--In this section:
       ```(1) Broadcast advertisement.--The term `broadcast 
     advertisement' means a communication intended to be aired by 
     a television or radio broadcast station, including a 
     communication intended to be transmitted through a cable 
     channel.
       ```(2) Child at risk.--The term `child at risk' means each 
     young child whose family income does not exceed the poverty 
     line.
       ```(3) Poverty line.--The term `poverty line' has the 
     meaning given such term in section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)), including any 
     revision required by such section, that is applicable to a 
     family of the size involved.
       ```(4) Printed or other advertisement.--The term `printed 
     or other advertisement' includes any communication intended 
     to be distributed through a newspaper, magazine, outdoor 
     advertising facility, mailing, or any other type of general 
     public advertising, but does not include any broadcast 
     advertisement.
       ```(5) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       ```(6) Young child.--The term `young child' means an 
     individual under age 5.
       ```(b) State Certifications.--Not later than October 1 of 
     each of fiscal year for which a State desires to receive an 
     allotment under this section, the chief executive officer of 
     the State shall submit to the Secretary a certification that 
     the State shall--
       ```(1) use such funds to promote the formation and 
     maintenance of healthy 2-parent married families, strengthen 
     fragile families, and promote responsible fatherhood through 
     media campaigns conducted in accordance with the requirements 
     of subsection (d);
       ```(2) return any unused funds to the Secretary in 
     accordance with the reconciliation process under subsection 
     (e); and
       ```(3) comply with the reporting requirements under 
     subsection (f).
       ```(c) Payments to States.--For each of fiscal years 2006 
     through 2010, the Secretary shall pay to each State that 
     submits a certification under subsection (b), from any funds 
     appropriated under subsection (i), for the fiscal year an 
     amount equal to the amount of the allotment determined for 
     the fiscal year under subsection (g).
       ```(d) Establishment of Media Campaigns.--Each State 
     receiving an allotment under this section for a fiscal year 
     shall use the allotment to conduct media campaigns as 
     follows:
       ```(1) Conduct of media campaigns.--
       ```(A) Radio and television media campaigns.--
       ```(i) Production of broadcast advertisements.--At the 
     option of the State, to produce broadcast advertisements that 
     promote the formation and maintenance of healthy 2-parent 
     married families, strengthen fragile families, and promote 
     responsible fatherhood.
       ```(ii) Airtime challenge program.--At the option of the 
     State, to establish an airtime challenge program under which 
     the State may spend amounts allotted under this section to 
     purchase time from a broadcast station to air a broadcast 
     advertisement produced under clause (i), but only if the 
     State obtains an amount of time of the same class and during 
     a comparable period to air the advertisement using non-
     Federal contributions.
       ```(B) Other media campaigns.--At the option of the State, 
     to conduct a media campaign that consists of the production 
     and distribution of printed or other advertisements that 
     promote the formation and maintenance of healthy 2-parent 
     married families, strengthen fragile families, and promote 
     responsible fatherhood.
       ```(2) Administration of media campaigns.--A State may 
     administer media campaigns funded under this section directly 
     or through grants, contracts, or cooperative agreements with 
     public agencies, local governments, or private entities, 
     including charitable and faith-based organizations.
       ```(3) Consultation with domestic violence assistance 
     centers.--In developing

[[Page 23590]]

     broadcast and printed advertisements to be used in the media 
     campaigns conducted under paragraph (1), the State or other 
     entity administering the campaign shall consult with 
     representatives of State and local domestic violence centers.
       ```(4) Non-federal contributions.--In this section, the 
     term `non-Federal contributions' includes contributions by 
     the State and by public and private entities. Such 
     contributions may be in cash or in kind. Such term does not 
     include any amounts provided by the Federal Government, or 
     services assisted or subsidized to any significant extent by 
     the Federal Government, or any amount expended by a State 
     before October 1, 2005.
       ```(e) Reconciliation Process.--
       ```(1) 3-year availability of amounts allotted.--Each State 
     that receives an allotment under this section shall return to 
     the Secretary any unused portion of the amount allotted to a 
     State for a fiscal year not later than the last day of the 
     second succeeding fiscal year together with any earnings on 
     such unused portion.
       ```(2) Procedure for redistribution of unused allotments.--
     The Secretary shall establish an appropriate procedure for 
     redistributing to States that have expended the entire amount 
     allotted under this section any amount that is--
       ```(A) returned to the Secretary by States under paragraph 
     (1); or
       ```(B) not allotted to a State under this section because 
     the State did not submit a certification under subsection (b) 
     by October 1 of a fiscal year.
       ```(f) Reporting Requirements.--
       ```(1) Monitoring and evaluation.--Each State receiving an 
     allotment under this section for a fiscal year shall monitor 
     and evaluate the media campaigns conducted using funds made 
     available under this section in such manner as the Secretary, 
     in consultation with the States, determines appropriate.
       ```(2) Annual reports.--Not less frequently than annually, 
     each State receiving an allotment under this section for a 
     fiscal year shall submit to the Secretary reports on the 
     media campaigns conducted using funds made available under 
     this section at such time, in such manner, and containing 
     such information as the Secretary may require.
       ```(g) Amount of Allotments.--
       ```(1) In general.--Except as provided in paragraph (2), of 
     the amount appropriated for the purpose of making allotments 
     under this section for a fiscal year, the Secretary shall 
     allot to each State that submits a certification under 
     subsection (b) for the fiscal year an amount equal to the sum 
     of--
       ```(A) the amount that bears the same ratio to 50 percent 
     of such funds as the number of young children in the State 
     (as determined by the Secretary based on the most current 
     reliable data available) bears to the number of such children 
     in all States; and
       ```(B) the amount that bears the same ratio to 50 percent 
     of such funds as the number of children at risk in the State 
     (as determined by the Secretary based on the most current 
     reliable data available) bears to the number of such children 
     in all States.
       ```(2) Minimum allotments.--No allotment for a fiscal year 
     under this section shall be less than--
       ```(A) in the case of the District of Columbia or a State 
     other than the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands, 1 percent of the amount 
     appropriated for the fiscal year under subsection (i); and
       ```(B) in the case of the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, 0.5 percent of 
     such amount.
       ```(3) Pro rata reductions.--The Secretary shall make such 
     pro rata reductions to the allotments determined under this 
     subsection as are necessary to comply with the requirements 
     of paragraph (2).
       ```(h) Evaluation.--
       ```(1) In general.--The Secretary shall conduct an 
     evaluation of the impact of the media campaigns funded under 
     this section.
       ```(2) Report.--Not later than December 31, 2008, the 
     Secretary shall report to Congress the results of the 
     evaluation under paragraph (1).
       ```(3) Funding.--Of the amount appropriated under 
     subsection (i) for fiscal year 2006, $1,000,000 of such 
     amount shall be transferred and made available for purposes 
     of conducting the evaluation required under this subsection, 
     and shall remain available until expended.
       ```(i) Authorization of Appropriations.--There is 
     authorized to be appropriated $10,000,000 for each of fiscal 
     years 2006 through 2010 for purposes of making allotments to 
     States under this section.

     ```SEC. 444. NATIONAL RESOURCE CENTER FOR RESPONSIBLE 
                   FATHERHOOD

       ```(a) In General.--The Secretary shall contract with a 
     nationally recognized, nonprofit research and education 
     fatherhood organization described in subsection (b) to--
       ```(1) provide technical assistance and training to public 
     and private agencies and grass roots organizations that 
     promote responsible fatherhood and healthy marriage; and
       ```(2) develop a clearinghouse of resource materials to 
     assist community-based organizations in developing local 
     responsible fatherhood programs, with an emphasis on training 
     and outcome evaluation.
       ```(b) Nationally Recognized Nonprofit Research and 
     Education Fatherhood Organization Described.--A nationally 
     recognized nonprofit research and education fatherhood 
     organization described in this subsection is an organization 
     that has been in existence for at least 12 years with 
     experience in--
       ```(1) developing and distributing research-based 
     curriculum that promotes responsible fatherhood and healthy 
     marriage with an emphasis on low-income and noncustodial 
     fathers;
       ```(2) providing consultation and training to community-
     based organizations with a track record of working with 
     social service, government, and faith-based organizations; 
     and
       ```(3) providing direct training to fathers, father 
     figures, and mothers using research-based curriculum in a 
     variety of economic, cultural and family situations.
       ```(c) Authorization of Appropriations.--There is 
     authorized to be appropriated to the Secretary to carry out 
     this section, $1,000,000 for each of fiscal years 2006 
     through 2010.

     ```SEC. 445. NONDISCRIMINATION.

       ```The projects and activities assisted under this part 
     shall be available on the same basis to all fathers and 
     expectant fathers able to benefit from such projects and 
     activities, including married and unmarried fathers and 
     custodial and noncustodial fathers, with particular attention 
     to low-income fathers, and to mothers and expectant mothers 
     on the same basis as to fathers.'.
       ``(b) Inapplicability of Effective Date Provisions.--
     Section 116 shall not apply to the amendment made by 
     subsection (a) of this section.''.
       (3) Clerical amendment.--Section 2 of such Act is amended 
     in the table of contents by inserting after the item relating 
     to section 116 the following new item:

``Sec. 117. Responsible fatherhood program.''.

       (4) Effective date.--The amendments made by this subsection 
     shall be effective as if enacted on October 1, 2005, and 
     shall apply without fiscal year limitation.
       (b) Reduction of Funds.--Notwithstanding any other 
     provision of this Act, the following amounts shall be 
     available for the following purposes and any other amounts 
     appropriated in this Act for such purposes are reduced 
     accordingly:
       (1) For Parent Information Resource Centers, $12,000,000.
       (2) For School Leadership programs and activities, 
     $8,000,000.
       (3) For State Grants for Incarcerated Youth, $0.
                                 ______
                                 
  SA 2239. Mr. SANTORUM 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. __. The Secretary of Health and Human Services shall 
     use amounts appropriated under title II for the purchase of 
     not less than 1,000,000 rapid oral HIV tests.
                                 ______
                                 
  SA 2240. Mr. SANTORUM 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.__. SUPPORT FOR NONPROFIT COMMUNITY-BASED ORGANIZATIONS; 
                   DEPARTMENT OF HEALTH AND HUMAN SERVICES.

       (a) Support for Nongovernmental Organizations.--The 
     Secretary of Health and Human Services (referred to in this 
     section as ``the Secretary'') may award grants to and enter 
     into cooperative agreements with nongovernmental 
     organizations, to--
       (1) provide technical assistance for community-based 
     organizations, which may include--
       (A) grant writing and grant management assistance, which 
     may include assistance provided through workshops and other 
     guidance;
       (B) legal assistance with incorporation;
       (C) legal assistance to obtain tax-exempt status; and
       (D) information on, and referrals to, other nongovernmental 
     organizations that provide expertise in accounting, on legal 
     issues, on tax issues, in program development, and on a 
     variety of other organizational topics;
       (2) provide information and assistance for community-based 
     organizations on capacity building;

[[Page 23591]]

       (3) provide for community-based organizations information 
     on and assistance in identifying and using best practices for 
     delivering assistance to persons, families, and communities 
     in need;
       (4) provide information on and assistance in utilizing 
     regional intermediary organizations to increase and 
     strengthen the capabilities of nonprofit community-based 
     organizations;
       (5) assist community-based organizations in replicating 
     social service programs of demonstrated effectiveness; and
       (6) encourage research on the best practices of social 
     service organizations.
       (b) Support for States.--The Secretary--
       (1) may award grants to and enter into cooperative 
     agreements with States and political subdivisions of States 
     to provide seed money to establish State and local offices of 
     faith-based and community initiatives; and
       (2) shall provide technical assistance to States and 
     political subdivisions of States in administering the 
     provisions of this Act.
       (c) Applications.--To be eligible to receive a grant or 
     enter into a cooperative agreement under this section, a 
     nongovernmental organization, State, or political subdivision 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (d) Limitation.--In order to widely disburse limited 
     resources, no community- based organization (other than a 
     direct recipient of a grant or cooperative agreement from the 
     Secretary) may receive more than 1 grant or cooperative 
     agreement under this section for the same purpose.
       (e) Definition.--In this section, the term ``community-
     based organization'' means a nonprofit corporation or 
     association that has--
       (1) not more than 6 full-time equivalent employees who are 
     engaged in the provision of social services; or
       (2) a current annual budget (current as of the date the 
     entity seeks assistance under this section) for the provision 
     of social services, compiled and adopted in good faith, of 
     less than $450,000.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $150,000,000 for 
     fiscal year 2006, and such sums as may be necessary for each 
     of fiscal years 2007 through 2009.
       (g) Appropriation.--In addition to any other amounts 
     appropriated under this Act for a compassion capital fund, 
     there is appropriated $55,000,000 for such a fund.
       (h) Reduction of Funds.--Notwithstanding any other 
     provision of this Act, the following amounts shall be 
     available for the following purposes and any other amounts 
     appropriated in this Act for such purposes are reduced 
     accordingly:
       (1) For parental information and resource centers carried 
     out under subpart 16 of part D of title V of the Elementary 
     and Secondary Education Act of 1965, $11,000,000.
       (2) For Youth Offender Grants, $0.
                                 ______
                                 
  SA 2241. Mr. SANTORUM 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) There is established a Congressional 
     Commission on Expanding Social Service Delivery Options 
     (referred to in this section as the ``Commission'').
       (b)(1) The Commission shall be composed of 10 members, of 
     whom--
       (A) 3 shall be appointed by the Speaker of the House of 
     Representatives;
       (B) 3 shall be appointed by the majority leader of the 
     Senate;
       (C) 2 shall be appointed by the minority leader of the 
     House of Representatives; and
       (D) 2 shall be appointed by the minority leader of the 
     Senate.
       (2) Members of the Commission shall be appointed from among 
     individuals with demonstrated expertise and experience in 
     social service delivery, including, to the extent 
     practicable, in the area of reform of such delivery.
       (3) The appointments of the members of the Commission shall 
     be made not later than 30 days after the date of enactment of 
     this Act.
       (4) Members shall be appointed for the life of the 
     Commission. Any vacancy in the Commission shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment.
       (c) The Speaker of the House of Representatives shall 
     designate 1 of the members appointed under subsection 
     (b)(1)(A) as a co-Chairperson of the Commission. The majority 
     leader of the Senate shall designate 1 of the members 
     appointed under subsection (b)(1)(B) as a co-Chairperson of 
     the Commission.
       (d)(1) Not later than 60 days after the date of enactment 
     of this Act, the Commission shall hold its first meeting.
       (2) The Commission shall meet at the call of either co-
     Chairperson.
       (3) A majority of the members of the Commission shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (e)(1)(A) The Commission shall conduct a thorough and 
     thoughtful study of all matters relating to increasing 
     beneficiary-selected or beneficiary-directed options for 
     social service delivery in Federal social service programs, 
     including certificate, scholarship, voucher, or other forms 
     of indirect delivery. The Commission shall review all 
     relevant Federal social service programs in existence on the 
     date of the beginning of the study, including the initiatives 
     of the Corporation for National and Community Service. The 
     Commission shall determine program areas, among the Federal 
     programs, for which it is appropriate and feasible to 
     implement full or partial beneficiary-selected or 
     beneficiary-directed options for the delivery of the social 
     services.
       (B) In making determinations under subparagraph (A), the 
     Commission shall seek to promote goals of--
       (i) expanding consumer and beneficiary choice in Federal 
     social service programs;
       (ii) maximizing the use of governmental resources in the 
     Federal programs; and
       (iii) minimizing concerns relating to any precedent under 
     the Constitution regarding the participation of faith-based 
     providers in the Federal programs.
       (2) The Commission shall develop recommendations on program 
     areas, among the Federal social service programs, for which 
     it is appropriate and feasible to implement full or partial 
     beneficiary-selected or beneficiary-directed options for the 
     delivery of the social services.
       (3) Not later than 11 months after the date of enactment of 
     this Act, the Commission shall submit a report to the Speaker 
     and minority leader of the House of Representatives and the 
     majority leader and minority leader of the Senate, which 
     shall contain a detailed statement of the findings and 
     conclusions of the Commission, together with its 
     recommendations for such legislation and administrative 
     actions as it considers appropriate.
       (f)(1) The Commission may hold such hearings, sit and act 
     at such times and places, take such testimony, and receive 
     such evidence as the Commission considers necessary to carry 
     out this section.
       (2) The Commission may secure directly from any Federal 
     department or agency such information as the Commission 
     considers necessary to carry out this section. Upon request 
     of either co-Chairperson of the Commission, the head of such 
     department or agency shall furnish such information to the 
     Commission.
       (3) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (g)(1) Each member of the Commission 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 Commission. 
     All members of the Commission 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) The members of the Commission 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 Commission.
       (3)(A) The co-Chairpersons of the Commission, acting 
     jointly, 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 Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (B) The co-Chairpersons of the Commission, acting jointly, 
     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 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.
       (4) Any Federal Government employee may be detailed to the 
     Commission without reimbursement, and such detail shall be 
     without interruption or loss of civil service status or 
     privilege.
       (5) The co-Chairpersons of the Commission, acting jointly, 
     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.
       (h) The Commission shall terminate 90 days after the date 
     on which the Commission submits its report under subsection 
     (e).

[[Page 23592]]

       (i)(1) There are authorized to be appropriated to the 
     Commission for fiscal year 2006 such sums as may be necessary 
     to carry out this section.
       (2) Any sums appropriated under the authorization contained 
     in this subsection shall remain available, without fiscal 
     year limitation, until expended.
                                 ______
                                 
  SA 2242. Mr. SANTORUM 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. __. CERTAIN TELEVISION PARTS.

       (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new headings:


``   9902.85.21     Liquid Crystal    Free           No change      No change      On or before 12/31/2008
                     Device (LCD)
                     panel
                     assemblies for
                     use in Liquid
                     Crystal Device
                     direct view
                     televisions
                     (provided for
                     in subheading
                     9013.80.90)....
----------------------------------------------------------------------------------------------------------------


``   9902.85.22     Liquid Crystal    Free           No change      No change      On or before 12/31/2008
                     Device (LCD)
                     panel
                     assemblies for
                     use in Liquid
                     Crystal Device
                     direct view
                     televisions
                     (provided for
                     in subheading
                     9013.80.90)....
----------------------------------------------------------------------------------------------------------------


``   9902.85.23     Electron guns     Free           No change      No change      On or before 12/31/2008    ''
                     actually used                                                                             .
                     for high
                     definition
                     cathode ray
                     tubes (CRT's)
                     (provided for
                     in subheading
                     8540.91.50)....
----------------------------------------------------------------------------------------------------------------

       (b) Effective Date.--The amendments made by this section 
     apply with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 2243. Mr. SANTORUM 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 the bill, insert the following:

     SEC. __. DUTY TREATMENT OF QUALIFYING TELEVISIONS PRODUCED IN 
                   A FOREIGN TRADE ZONE.

       (a) Certain Television Reception Apparatus.--Section 
     202(a)(2)(A) of the North American Free Trade Agreement 
     Implementation Act (19 U.S.C. 3332(a)(2)(A)), is amended by 
     striking ``Subparagraph (B)'' and inserting ``Except for 
     television reception apparatus classified under heading 8528 
     of the Harmonized Tariff Schedule of the United States, 
     subparagraph (B),''.
       (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 2244. 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; 
which was ordered to lie on the table; as follows:

       On page 156, line 2, strike ``Funds.'' and insert ``Funds: 
     Provided further, That the Secretary, by not later than 
     January 1, 2006, shall produce and mail a corrected version 
     of the annual notice required under section 1804(a) of the 
     Social Security Act (42 U.S.C. 1395b-2(a)) to each 
     beneficiary described in the second sentence of such section, 
     together with an explanation of the error in the previous 
     annual notice that was mailed to such beneficiaries.''.
                                 ______
                                 
  SA 2245. 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; 
which was ordered to lie on the table; as follows:

       At the end of title III (before the short title), insert 
     the following:
       Sec. __. In addition to amounts otherwise appropriated 
     under this Act, there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, an additional 
     $12,375,000,000 for carrying out part B of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1411 et seq.), in 
     order to fully fund the Federal Government's share of the 
     costs under such part.
                                 ______
                                 
  SA 2246. Mr. KENNEDY (for himself, Mr. Harkin, and 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 131, line 18, insert before the period the 
     following: ``: Provided, That the Current Employment Survey 
     shall maintain the content of the survey issued prior to 
     August 2005 with respect to the collection of data for the 
     women worker series''.
                                 ______
                                 
  SA 2247. 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 end of title III (before the short title), add the 
     following:

     SEC. __. POSTSECONDARY EDUCATION STABILIZATION BOARD.

       (a) Appropriations.--
       (1) 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 $5,000,000,000 
     shall be available to the Postsecondary Education 
     Stabilization Board, established under this section, to 
     establish an Education Relief Fund for the compensation of 
     postsecondary educational institutions for direct and 
     associated losses due to the impact of Hurricane Katrina or 
     Rita and for recovery initiatives.
       (2) Amounts available until expended.--The amounts 
     appropriated under paragraph (1) shall remain available until 
     expended.
       (b) Postsecondary Educational Institution.--In this 
     section, the term ``postsecondary educational institution'' 
     means--
       (1) a public postsecondary institution;
       (2) a private nonprofit postsecondary institution, which is 
     accredited by the appropriate State entity; or
       (3) a private for profit postsecondary institution 
     determined by the Postsecondary Education Stabilization Board 
     to be eligible for assistance under this section.
       (c) Postsecondary Education Stabilization Board.--
       (1) Establishment.--There is established a Postsecondary 
     Education Stabilization Board composed of the Secretary of 
     Education (or a designee of the Secretary of Education), and 
     the Secretary of the Treasury (or a designee of the Secretary 
     of the Treasury).
       (2) Duties.--The Postsecondary Education Stabilization 
     Board shall--
       (A) establish an Education Relief Fund that includes funds 
     appropriated under this section;
       (B) from such Education Relief Fund provide funds to 
     postsecondary educational institutions for direct or indirect 
     losses resulting from the impact of Hurricane Katrina or 
     Rita, and recovery initiatives of such institutions;
       (C) give preference to postsecondary educational 
     institutions that demonstrate to the Postsecondary Education 
     Stabilization Board the greatest need based on the 
     institution's direct or indirect losses; and
       (D) give consideration to the overall economic and physical 
     impact of the disaster on the State in which the 
     postsecondary educational institution is based.
       (d) Use of Assistance.--Assistance received by a 
     postsecondary educational institution pursuant to this 
     section may be used for--
       (1) direct and indirect construction costs and clean-up 
     costs resulting from Hurricane Katrina or Rita;
       (2) faculty salaries and incentives for retaining faculty;
       (3) educational programs relevant to the recovery effort;
       (4) institutional initiatives designed for economic and 
     community revitalization and recovery;
       (5) faculty recruitment costs;
       (6) costs of lost tuition, revenue, and enrollment; and
       (7) debt relief.

[[Page 23593]]

       (e) Requirements for Assistance Due to Losses.--A 
     postsecondary educational institution that desires to receive 
     assistance under this section shall--
       (1) submit a sworn financial statement and other 
     appropriate data, documentation, or other evidence requested 
     by the Postsecondary Education Stabilization Board, to the 
     Postsecondary Education Stabilization Board that indicates 
     that the institution incurred losses resulting from the 
     impact of Hurricane Katrina or Rita and the monetary amount 
     of such losses; and
       (2) demonstrate that the institution attempted to minimize 
     the costs of any losses by pursuing collateral source 
     compensation from the Federal Emergency Management Agency, 
     the Small Business Administration, and insurance prior to 
     seeking assistance under this section.
       (f) Audit.--The Secretary of Education and the Comptroller 
     General of the United States may audit a statement submitted 
     under subsection (e) and may request any information that the 
     Secretary of Education and Comptroller General determine 
     necessary to conduct such an audit.
       (g) Reduction in Assistance.--In calculating assistance to 
     a postsecondary educational institution under this section, 
     the Postsecondary Education Stabilization Board shall 
     calculate a figure that reduces from the monetary amount of 
     losses incurred by such institution, only the amount of 
     collateral source compensation the institution has received 
     from insurance, the Federal Emergency Management Agency, and 
     the Small Business Administration.
       (h) Regulations.--Not later than 14 days after the date of 
     enactment of this section, the Office of Management and 
     Budget, in consultation with the Postsecondary Education 
     Stabilization Board, shall issue regulations setting forth 
     procedures for an application for assistance under this 
     section and minimum requirements for receiving assistance 
     under this section, including the following:
       (1) Online forms to be used in submitting requests for 
     assistance
       (2) Information to be included in forms.
       (3) Procedures to assist in filing and pursuing assistance.
       (i) Tax Consequences.--
       (1) Not income.--Any assistance received by a postsecondary 
     educational institution under this section shall not be 
     treated as income for the purposes of the Internal Revenue 
     Code of 1986.
       (2) Tax exempt.--Any Government bond issued to finance the 
     construction of a public or private postsecondary educational 
     institution shall be considered an exempt facility bond for 
     purposes of the Internal Revenue Code of 1986 and shall not 
     be subject to section 146 of such Code.
       (j) Waivers.--The Secretary of Education may waive any 
     requirements under title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1070 et seq.) that are rendered infeasible or 
     unreasonable due to the impact of Hurricane Katrina or Rita, 
     including due diligence requirements and reporting deadlines, 
     for an institution of higher education, eligible lender, or 
     other entity participating in a student assistance program 
     under such title that is located in, or whose operations are 
     directly affected by, 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 or Rita.
                                 ______
                                 
  SA 2248. Ms. LANDRIEU 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), 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 to carry out the Federal 
     TRIO programs under chapter 1 of subpart 2 of part A of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et 
     seq.) for students affected by Hurricanes Katrina or Rita in 
     their respective institution of higher education.
       (b) Offset From Departmental Management Funds.--
     Notwithstanding any other provision of this Act, amounts made 
     available under this Act for the administration and related 
     expenses for the departmental management for the Department 
     of Labor, the Department of Health and Human Services, and 
     the Department of Education, shall be reduced, on a pro rata 
     basis, by $5,000,000.
                                 ______
                                 
  SA 2249. 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 end of title II (before the short title), add the 
     following:

     SEC. __. FUNDING FOR COMMUNITY HEALTH CENTERS IN HURRICANE 
                   KATRINA OR HURRICANE RITA AFFECTED AREAS.

       Notwithstanding any other provision of law, if the amount 
     appropriated under this Act for community health centers is 
     more than the amount appropriated for such centers for fiscal 
     year 2005, then--
       (1) 5 percent of such excess amount shall be directed to 
     establishing or expanding community health centers in areas 
     affected by Hurricane Katrina or Hurricane Rita; and
       (2) 5 percent of such excess amount shall be directed to 
     community health centers serving patients affected by 
     Hurricane Katrina or Hurricane Rita.
                                 ______
                                 
  SA 2250. 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 end of title II (before the short title), add the 
     following:

     SEC. __. MOSQUITO ABATEMENT FOR SAFETY AND HEALTH ACT.

       From amounts appropriated under this Act for the Centers 
     for Disease Control and Prevention for infectious diseases-
     West Nile Virus, there shall be transferred $5,000,000 to 
     carry out section 317S of the Public Health Service Act 
     (relating to mosquito abatement for safety and health) with 
     preference given to areas at greater risk of the West Nile 
     Virus because of the effects of Hurricanes Katrina and Rita.
                                 ______
                                 
  SA 2251. 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 end of title III (before the short title), add the 
     following:

     SEC. __. GRANT PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION 
                   AFFECTED BY HURRICANES KATRINA AND RITA.

       (a) Authorization.--The Secretary of Education shall award 
     grants to eligible institutions of higher education to enable 
     such institutions to carry out the activities described in 
     subsection (d).
       (b) Definition of Eligible Institution of Higher 
     Education.--In this section, the term ``eligible institution 
     of higher education'' means an institution of higher 
     education that is located in the Hurricanes Katrina and Rita 
     affected area, as determined by the Secretary of Education, 
     and, as a result of such location, has had a disruption of 
     service at the institution.
       (c) Application and Demonstration.--An eligible institution 
     of higher education that desires to receive a grant under 
     this section shall--
       (1) 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;
       (2) demonstrate the extent to which services at the 
     institution have been disrupted; and
       (3) display the need for short-term support.
       (d) Use of Funds.--An eligible institution of higher 
     education that receives a grant under this section shall use 
     the grant funds to maintain operations at the institution, 
     including paying salaries of employees of the institution and 
     covering other expenses.
       (e) Funding.--
       (1) 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 $400,000,000 shall 
     be available for grants under this section.
       (2) Available until expended.--The amounts appropriated 
     under paragraph (1) shall remain available until expended.
                                 ______
                                 
  SA 2252. 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:

[[Page 23594]]



          TITLE __--ASSISTANCE TO REBUILD AFFECTED COMMUNITIES

     SEC. __. ASSISTANCE TO SCHOOLS ENROLLING EVACUATED STUDENTS.

       (a) Purpose.--It is the purpose of this section to provide 
     financial assistance to eligible entities that serve students 
     who are displaced by Hurricane Katrina or Hurricane Rita and 
     enroll in the elementary or secondary schools (including 
     charter schools) served by the eligible entities or in the 
     eligible entities (as the case may be).
       (b) Program Authorized.--From amounts appropriated under 
     subsection (k), the Secretary of Education shall award grants 
     to eligible entities to enable the eligible entities to award 
     subgrants under subsection (g) and to carry out the 
     activities described in subsection (h).
       (c) Eligible Entity.--In this section, the term ``eligible 
     entity'' means--
       (1) in Louisiana or Mississippi, a State educational 
     agency;
       (2) in a State other than Louisiana or Mississippi, a local 
     educational agency that enrolls a student who is displaced by 
     Hurricane Katrina or Hurricane Rita; or
       (3) an elementary school or secondary school funded by the 
     Bureau of Indian Affairs that enrolls a student who is 
     displaced by Hurricane Katrina or Hurricane Rita.
       (d) Conditions of Grant.--
       (1) Duration of grant.--Each grant awarded under this 
     section shall be for the period beginning on the date of the 
     award and ending on the last day of the 2005-2006 school 
     year.
       (2) Return of non-obligated funds.--An eligible entity 
     receiving a grant under this section shall return to the 
     Secretary of Education any grant funds that have not been 
     expended or obligated during the grant period.
       (e) Student Count.--An eligible entity desiring to receive 
     a grant under this section shall--
       (1) submit to the Secretary of Education a count of the 
     number of students enrolled in the eligible entity or in the 
     elementary and secondary schools served by the eligible 
     entity (as the case may be) who were displaced by Hurricane 
     Katrina or Hurricane Rita; and
       (2) maintain the records necessary to document the student 
     enrollment count under paragraph (1).
       (f) Amount of Grants.--
       (1) In general.--As soon as feasible after receiving an 
     enrollment count described in subsection (e)(1) from an 
     eligible entity, the Secretary of Education shall award a 
     grant in the amount described in paragraph (2) to such 
     eligible entity.
       (2) Amount of grants.--The amount of a grant described in 
     this paragraph shall be equal to the product of--
       (A) the number of students enrolled in the eligible entity 
     or in the elementary and secondary schools served by the 
     eligible entity (as the case may be) who were displaced by 
     Hurricane Katrina or Hurricane Rita; multiplied by
       (B) 90 percent of the average per-pupil expenditure for 
     elementary and secondary education in the State in which the 
     eligible entity is located, as determined by the Secretary of 
     Education using data from the most recent year for which 
     satisfactory data are available, except that the amount 
     described in this subparagraph shall not exceed $7,500.
       (3) Ratable reduction.--If the amount appropriated for 
     grants under this section is insufficient to pay the grants 
     to all eligible entities in the amount calculated under 
     paragraph (2), the grants to all eligible entities shall be 
     ratably reduced.
       (g) Use of Funds by State Educational Agencies.--
       (1) In general.--An eligible agency described in subsection 
     (c)(1) that receives a grant under this section shall use 
     grant funds to--
       (A) award subgrants, in the amount described in paragraph 
     (2), to local educational agencies within the State that 
     serve students who were displaced by Hurricane Katrina or 
     Hurricane Rita, to enable the local educational agencies to 
     carry out the activities described in subsection (h); and
       (B) to carry out the activities described in paragraph (3).
       (2) Amount of subgrants.--The amount of a subgrant made to 
     a local educational agency under paragraph (1)(A) shall be 
     equal to--
       (A) the product of --
       (i) the average per-pupil expenditure for elementary and 
     secondary education in the local educational agency; 
     multiplied by
       (ii) the number of students enrolled in schools served by 
     the local educational agency who were displaced by Hurricane 
     Katrina or Hurricane Rita; or
       (B) an amount calculated by an alternate methodology, if 
     the use of such methodology is approved by the Secretary of 
     Education.
       (3) Use of remaining funds.--From any grant funds awarded 
     to an eligible agency described in subsection (c)(1) that 
     remain after the eligible agency has awarded subgrants in 
     accordance with paragraph (1), the eligible agency may use 
     such remaining funds to carry out activities that assist 
     local educational agencies serving schools that are closed as 
     a result of Hurricane Katrina or Hurricane Rita, in order to 
     reopen such schools as quickly and effectively as possible. 
     Such activities may include--
       (A) arranging for the temporary facilities necessary to 
     operate educational programs while permanent facilities are 
     being rebuilt or repaired;
       (B) purchasing equipment and materials to replace those 
     items destroyed or damaged by Hurricane Katrina or Hurricane 
     Rita;
       (C) paying the cost of student transportation;
       (D) recruiting or retraining teachers or other school 
     personnel to serve in reopened schools; and
       (E) providing nonfinancial assistance to students and their 
     families when such students return to the areas affected by 
     Hurricane Katrina or Hurricane Rita or reenroll in schools 
     that are affected by Hurricane Katrina or Hurricane Rita.
       (h) Uses of Funds by Bureau of Indian Affairs Schools and 
     Local Educational Agencies.--An eligible entity described in 
     paragraph (2) or (3) of subsection (c) that receives a grant 
     under this section, or a local educational agency that 
     receives a subgrant under subsection (g)(1), shall use the 
     grant funds to pay for the costs related to educating 
     students enrolled in the schools served by the eligible 
     entity or in the eligible entity (as the case may be), which 
     costs may include--
       (1) teacher and staff salaries;
       (2) building maintenance;
       (3) materials and equipment;
       (4) student transportation;
       (5) special services and instruction, such as--
       (A) English language acquisition services and programs for 
     students with limited English proficiency;
       (B) services for children with disabilities; and
       (C) mental health counseling for children displaced by 
     Hurricane Katrina or Hurricane Rita;
       (6) after-school programs;
       (7) supplemental educational services; and
       (8) early childhood programs.
       (i) Accountability.--An eligible entity that receives a 
     grant under this section shall take appropriate measures to 
     ensure the proper use of, and accounting for, all grant funds 
     received by the eligible entity under this section.
       (j) Expiration of Authority.--On June 30, 2006, the 
     authority described in subsection (b) shall expire and all 
     funds under this section that are not expended or obligated 
     by such date shall be transferred to the general fund of the 
     Treasury.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,860,000,000 
     for fiscal year 2006.

     SEC. __. ASSISTANCE FOR THE ENROLLMENT OF EVACUATED STUDENTS 
                   IN PRIVATE SCHOOLS.

       (a) Authority.--From funds appropriated under subsection 
     (j), the Secretary of Education shall make one-time, 
     emergency grants to State educational agencies to enable the 
     State educational agencies to reimburse the parents or 
     guardians of students who were displaced by Hurricane Katrina 
     or Hurricane Rita and who are attending a private school in 
     the State that is accredited or licensed or otherwise 
     operates in accordance with State law.
       (b) Length of Grant.--
       (1) Duration of grant.--Each emergency grant awarded under 
     this section shall be for the period beginning on the date of 
     the award and ending on the last day of the 2005-2006 school 
     year.
       (2) Return of non-obligated funds.--Each State educational 
     agency that receives a grant under this section shall return 
     to the Secretary of Education any grant funds that have not 
     been expended or obligated during the grant period.
       (c) Applications.--A State educational agency that desires 
     to receive an emergency grant under this section shall submit 
     an application to the Secretary of Education at such time, in 
     such manner, and containing such information as the Secretary 
     may require, including--
       (1) the number of students who were displaced by Hurricane 
     Katrina or Hurricane Rita and whose parents or guardians the 
     State educational agency expects to reimburse under this 
     section; and
       (2) a detailed description of the procedures the State 
     educational agency plans to use--
       (A) to provide reimbursements to the parents or guardians 
     of the displaced students described in paragraph (1); and
       (B) to ensure fiscal accountability for any funds received 
     by the State educational agency under this section.
       (d) Amount of Grants.--
       (1) In general.--For each State educational agency, the 
     amount of an emergency grant under this section shall be 
     equal to the product of--
       (A) the number of students who were displaced by Hurricane 
     Katrina or Hurricane Rita and whose parents or guardians will 
     be reimbursed by the State educational agency, as determined 
     by the Secretary of Education; multiplied by
       (B) 90 percent of the average per-pupil expenditure for 
     elementary and secondary education in the State, as 
     determined by the Secretary of Education using data from the 
     most recent year for which satisfactory data

[[Page 23595]]

     are available, except that the amount described in this 
     subparagraph shall not exceed $7,500.
       (2) Ratable reduction.--If the amount appropriated for 
     emergency grants under this section is insufficient to pay 
     the emergency grants to all State educational agencies in 
     accordance with paragraph (1), the emergency grants to all 
     State educational agencies shall be ratably reduced.
       (e) Uses of Funds.--Each State educational agency receiving 
     an emergency grant under this section--
       (1) shall use the grant funds to provide reimbursements, 
     once per semester (or lesser portion of the school year, if 
     the State so decides), directly to the parents or guardians 
     of the displaced students, for the cost of those students' 
     tuition, fees, and transportation expenses, if any, at any 
     private school of the parents' or guardians' choice in the 
     State for that semester (or lesser period), in accordance 
     with subsection (f);
       (2) shall ensure that a parent or guardian who receives 
     funds under this section use those funds only for the 
     purposes described in paragraph (1);
       (3) may use not more than 1 percent of the grant funds for 
     the administrative expenses of carrying out this subsection; 
     and
       (4) may contract with a public or private nonprofit agency 
     or entity to administer and operate the reimbursement program 
     under this subsection.
       (f) Amount of Payments to Parents or Guardians.--
       (1) In general.--The maximum reimbursement that a State 
     educational agency may provide to an eligible parent or 
     guardian on behalf of a student who is displaced by Hurricane 
     Katrina or Hurricane Rita under this section shall be equal 
     to the amount described in subsection (d)(1)(B).
       (2) Eligibility requirements for reimbursement.--
       (A) Criteria for enrolling schools.--A parent of a student 
     who is displaced by Hurricane Katrina or Hurricane Rita is 
     eligible for a reimbursement by the State educational agency 
     under subsection (e) if the private school in which the 
     parent enrolls the student--
       (i) is accredited or licensed or otherwise operates in 
     accordance with State law; and
       (ii) has in place a refund policy for the refund of tuition 
     and fees (and transportation expenses, if any) for displaced 
     students that is at least as favorable as the refund policy 
     applicable to other students at the school.
       (B) Criteria for parents or guardians.--In addition to the 
     requirements of subparagraph (A), the Secretary of Education 
     shall establish criteria, which may include the use of 
     criteria involving family income or assets, to determine the 
     eligibility for or amount of assistance provided under this 
     section to a parent or guardian of a student who is displaced 
     by Hurricane Katrina or Hurricane Rita.
       (g) By-Pass.--If a State educational agency is unable or 
     unwilling to carry out this section, the Secretary of 
     Education may make such arrangements as the Secretary 
     determines appropriate to carry out this section on behalf of 
     the students attending private schools in such State who are 
     displaced by Hurricane Katrina or Hurricane Rita.
       (h) Rule of Construction.--Section 308 of the DC School 
     Choice Incentive Act of 2003 (Public Law 108-199) shall apply 
     to the program under this section in the same manner as such 
     section applies to the program under such Act.
       (i) Expiration of Authority.--On June 30, 2006, the 
     authority described in subsection (a) shall expire and all 
     grant funds that are not expended or obligated by such date 
     shall be transferred to the general fund of the Treasury.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $488,000,000 for 
     fiscal year 2006.

     SEC. __. IMMEDIATE AID TO RESTART EDUCATIONAL OPERATIONS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide immediate services or assistance to 
     institutions of higher education, local educational agencies, 
     and eligible private schools that serve 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 
     or Hurricane Rita;
       (2) to assist school district administrators and personnel 
     of such institutions, agencies, or eligible private schools 
     who are working to restart operations; and
       (3) to facilitate the reopening of the institutions, 
     elementary schools and secondary schools served by such 
     agencies, or eligible private schools and the enrollment of 
     students in such institutions or schools as soon as possible.
       (b) Payments Authorized.--From amounts appropriated to 
     carry out this section, the Secretary of Education is 
     authorized to make payments to State educational agencies or 
     State agencies for higher education that serve 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 or Hurricane Rita, to enable such agencies 
     to--
       (1) restart schools 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 
     or Hurricane Rita;
       (2) provide assistance to institutions of higher education 
     located in such an area; and
       (3) provide assistance to eligible private schools in 
     accordance with subsection (c).
       (c) Assistance to Eligible Private Schools.--
       (1) In general.--From the payments provided by the 
     Secretary of Education under subsection (b) and after timely 
     and meaningful consultation with appropriate private school 
     officials, a State educational agency that serves 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 or Hurricane Rita, shall provide to 
     eligible private schools special educational services or 
     benefits for the students served by such eligible private 
     schools on the equitable basis described in paragraph (3).
       (2) Secular, neutral, nonideological.--The educational 
     services or other benefits provided under paragraph (1), 
     including materials and equipment, shall be secular, neutral, 
     and nonideological.
       (3) Equity.--Educational services and other benefits 
     provided for eligible private school students under paragraph 
     (1) shall be equitable in comparison to the educational 
     services and other benefits provided for public school 
     students under this section.
       (4) Public control of funds.--The control of funds provided 
     to an eligible private school under paragraph (1), and title 
     to materials, equipment, and property purchased with such 
     funds, shall be in a public agency, and a public agency shall 
     administer such funds, materials, equipment, and property.
       (d) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     any funds made available through the Federal Emergency 
     Management Agency or through a State.
       (e) Definitions.--In this section:
       (1) Eligible private school.--The term ``eligible private 
     school'' means a private elementary or secondary school that 
     desires to participate in the program under this section and 
     is 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 or Hurricane Rita.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000,000 
     for fiscal year 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 $3,300,000,000 
     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 2253. Mr. GREGG (for himself and Mr. Grassley) 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:

       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 0.92 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

[[Page 23596]]

     respect to amounts designated as emergency requirements).
       Sec. __. (a) There is rescinded an amount equal to 0.92 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 2254. Mr. DODD (for himself, Mr. Kennedy, Mrs. Clinton, Mrs. 
Murray, Mr. Kerry, Mr. Lautenberg, Mr. Corzine, Mr. Durbin, and 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; which 
was ordered to lie on the table; as follows:

       On page 162, line 1, strike ``$9,000,832,000'' and insert 
     ``$9,153,832,000''.
       On page 162, line 7, strike ``$6,874,314,000'' and insert 
     ``$7,027, 314,000''.
                                 ______
                                 
  SA 2255. 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 THE MATHEMATICS AND SCIENCE 
                   PARTNERSHIPS PROGRAM.

       In addition to amounts otherwise appropriated under this 
     Act, there are appropriated, out of any money in the Treasury 
     not otherwise appropriated, $271,440,000 for the mathematics 
     and science partnerships program.
                                 ______
                                 
  SA 2256. Mr. OBAMA (for himself, Mr. Byrd, Mr. Bayh, Ms. Mikulski, 
and 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 in title II, insert the following:
       Sec. __. Amounts appropriated in this Act for the Centers 
     for Disease Control and Prevention to upgrade State and local 
     capacity grants and cooperative agreements for pandemic flu 
     preparedness activities shall be increased by $122,000,000.
                                 ______
                                 
  SA 2257. Mrs. FEINSTEIN (for herself and Mrs. Boxer) 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:

       On page 222, between lines 5 and 6, insert the following:
       Sec. 517. None of the funds made available in this Act may 
     be used by the Secretary of Health and Human Services to 
     withhold, suspend, disallow, or otherwise deny Federal 
     financial participation under section 1903(a) of the Social 
     Security Act for adult day health care services or medical 
     adult day care services, as defined under a State medicaid 
     plan approved on or before 1982, if such services are 
     provided consistent with such definition and the requirements 
     of such plan, or to withdraw Federal approval of any such 
     State plan provision. Notwithstanding any other provision of 
     law, the preceding sentence shall apply without fiscal year 
     limitation.
                                 ______
                                 
  SA 2258. Mr. DOMENICI (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:

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

     SEC. __. DEFINITION OF INDIAN STUDENT COUNT.

       Section 117(h) of the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2327(h)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Indian student count.--
       ``(A) In general.--The term `Indian student count' means a 
     number equal to the total number of Indian students enrolled 
     in each tribally-controlled postsecondary vocational and 
     technical institution, as determined in accordance with 
     subparagraph (B).
       ``(B) Determination.--
       ``(i) Enrollment.--For each academic year, the Indian 
     student count shall be determined on the basis of the 
     enrollments of Indian students as in effect at the conclusion 
     of--

       ``(I) in the case of the fall term, the third week of the 
     fall term; and
       ``(II) in the case of the spring term, the third week of 
     the spring term.

       ``(ii) Calculation.--For each academic year, the Indian 
     student count for a tribally-controlled postsecondary 
     vocational and technical institution shall be the quotient 
     obtained by dividing--

       ``(I) the sum of the credit-hours of all Indian students 
     enrolled in the tribally-controlled postsecondary vocational 
     and technical institution (as determined under clause (i)); 
     by
       ``(II) 12.

       ``(iii) Summer term.--Any credit earned in a class offered 
     during a summer term shall be counted in the determination of 
     the Indian student count for the succeeding fall term.
       ``(iv) Students without secondary school degrees.--

       ``(I) In general.--A credit earned at a tribally-controlled 
     postsecondary vocational and technical institution by any 
     Indian student who has not obtained a secondary school degree 
     (or the recognized equivalent of such a degree) shall be 
     counted toward the determination of the Indian student count 
     if the institution at which the student is enrolled has 
     established criteria for the admission of the student on the 
     basis of the ability of the student to benefit from the 
     education or training of the institution.
       ``(II) Presumption.--The institution shall be presumed to 
     have established the criteria described in subclause (I) if 
     the admission procedures for the institution include 
     counseling or testing that measures the aptitude of a student 
     to successfully complete a course in which the student is 
     enrolled.
       ``(III) Credits toward secondary school degree.--No credit 
     earned by an Indian student for the purpose of obtaining a 
     secondary school degree (or the recognized equivalent of such 
     a degree) shall be counted toward the determination of the 
     Indian student count under this clause.

       ``(v) Continuing education programs.--Any credit earned by 
     an Indian student in a continuing education program of a 
     tribally-controlled postsecondary vocational and technical 
     institution shall be included in the determination of the sum 
     of all credit hours of the student if the credit is converted 
     to a credit-hour basis in accordance with the system of the 
     institution for providing credit for participation in the 
     program.''.
                                 ______
                                 
  SA 2259. Mr. SMITH (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:

       At the appropriate place in title II, insert the following:
       Sec. __. In addition to amounts provided in this title for 
     the AIDS Drug Assistance Program within the Health Resources 
     and Services Administration, there shall be appropriated an 
     additional $74,000,000 for such program.
                                 ______
                                 
  SA 2260. Mr. CHAMBLISS 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) This section may be cited as the ``Diversity 
     Visa Fairness Act of 2005''.
       (b)(1) Section 204(a)(1)(I)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended by 
     striking subclause (II) and inserting the following:
       ``(II) An alien who qualifies, through random selection, 
     for a visa under section 203(c) or adjustment of status under 
     section 245(a) shall remain eligible to receive such visa or

[[Page 23597]]

     adjustment of status beyond the end of the specific fiscal 
     year for which the alien was selected if the alien--
       ``(aa) properly applied for such visa or adjustment of 
     status during the fiscal year for which the alien was 
     selected; and
       ``(bb) was notified by the Secretary of State, through the 
     publication of the Visa Bulletin, that the application was 
     authorized.''.
       (2)(A) Notwithstanding any other provision of law, a visa 
     shall be available for an alien under section 203(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(c)) if--
       (i) such alien was eligible for and properly applied for an 
     adjustment of status under section 245 of such Act (8 U.S.C. 
     1255) during any of the fiscal years 1998 through 2005;
       (ii) the application submitted by such alien was denied 
     because personnel of the Department of Homeland Security or 
     the Immigration and Naturalization Service failed to 
     adjudicate such application during the fiscal year in which 
     such application was filed;
       (iii) such alien moves to reopen such adjustment of status 
     applications pursuant to procedures or instructions provided 
     by the Secretary of Homeland Security or the Secretary of 
     State; and
       (iv) such alien has continuously resided in the United 
     States since the date of submitting such application.
       (B) A visa made available under subparagraph (A) may not be 
     counted toward the numerical maximum for the worldwide level 
     of set out in section 201(e) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(e)).
       (3) The amendment made by paragraph (1) shall take effect 
     on October 1, 2005.
                                 ______
                                 
  SA 2261. Mr. COLEMAN (for himself and Ms. Stabenow) 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 V, insert the following:
       Sec. __. (a) There is established the Federal Youth 
     Development Council (in this section referred to as the 
     ``Council'') composed of--
       (1) the Attorney General, the Secretary of Agriculture, the 
     Secretary of Labor, the Secretary of Health and Human 
     Services, Secretary of Housing and Urban Development, the 
     Secretary of Education, the Secretary of the Interior, the 
     Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Director of National Drug 
     Control Policy, the Director of the Office of Management and 
     Budget, the Assistant to the President for Domestic Policy, 
     the Director of the U.S.A. Freedom Corps, the Deputy 
     Assistant to the President and Director of the Office of 
     Faith-Based and Community Initiatives, and the Chief 
     Executive Officer of the Corporation for National and 
     Community Service, and other Federal officials as directed by 
     the President, to serve for the life of the Council; and
       (2) such additional members as the President, in 
     consultation with the majority and minority leadership of the 
     House of Representatives and the Senate, shall appoint from 
     among representatives of faith-based organizations, community 
     based organizations, child and youth focused foundations, 
     universities, non-profit organizations, youth service 
     providers, State and local government, and youth in 
     disadvantaged situations, to serve for terms of 2 years and 
     who may be reappointed by the President for a second 2-year 
     term.
       (b) The Chairperson of the Council shall be designated by 
     the President.
       (c) The Council shall meet at the call of the Chairperson, 
     not less frequently than 4 times each year. The first meeting 
     shall be not less than 6 months after the date of enactment 
     of this Act.
       (d) The duties of the Council shall be--
       (1) to ensure communication among agencies administering 
     programs designed to serve youth, especially those in 
     disadvantaged situations;
       (2) to assess the needs of youth, especially those in 
     disadvantaged situations, and those who work with youth, and 
     the quantity and quality of Federal programs offering 
     services, supports, and opportunities to help youth in their 
     educational, social, emotional, physical, vocational, and 
     civic development;
       (3) to set objectives and quantifiable 5-year goals for 
     such programs;
       (4) to make recommendations for the allocation of resources 
     in support of such goals and objectives;
       (5) to identify target populations of youth who are 
     disproportionately at risk and assist agencies in focusing 
     additional resources on them;
       (6) to develop a plan, including common indicators of youth 
     well-being, and assist agencies in coordinating to achieve 
     such goals and objectives;
       (7) to assist Federal agencies, at the request of one or 
     more such agency, in collaborating on model programs and 
     demonstration projects focusing on special populations, 
     including youth in foster care, migrant youth, projects to 
     promote parental involvement, and projects that work to 
     involve young people in service programs;
       (8) to solicit and document ongoing input and 
     recommendations from--
       (A) youth, especially those in disadvantaged situations, by 
     forming an advisory council of youth to work with the 
     Council;
       (B) national youth development experts, parents, faith and 
     community-based organizations, foundations, business leaders, 
     youth service providers, and teachers;
       (C) researchers; and
       (D) State and local government officials; and
       (9) to work with Federal agencies to conduct high-quality 
     research and evaluation, identify and replicate model 
     programs, and provide technical assistance, and, subject to 
     the availability of appropriations, to fund additional 
     research to fill identified needs.
       (e)(1) The Chairperson, in consultation with the Council, 
     shall employ and set the rate of pay for a Director and any 
     necessary staff to assist in carrying out its duties.
       (2) Upon request of the Council, the head of any Federal 
     department or agency may detail, on a reimbursable basis, any 
     of the personnel of that department or agency to the Council 
     to assist it in carrying out its duties under this section.
       (f)(1) The Council may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the United States.
       (2) Upon the request of the Council, the Administrator of 
     General Services shall provide to the Council, on a 
     reimbursable basis, the administrative support services 
     necessary for the Council to carry out its responsibilities 
     under this section.
       (g)(1) Subject to the availability of appropriations, the 
     Council may provide technical assistance and make grants to 
     States to support State councils for coordinating State youth 
     efforts.
       (2) Applicants for grants shall be States. Applications for 
     grants under this subsection shall be submitted at such time 
     and in such form as determined by the Council.
       (3) Priority for grants will be given to States that--
       (A) have already initiated an interagency coordination 
     effort focused on youth;
       (B) plan to work with at least 1 locality to support a 
     local youth council for coordinating local youth efforts;
       (C) demonstrate the inclusion of nonprofit organizations, 
     including faith-based and community-based organizations, in 
     the work of the State council; and
       (D) demonstrate the inclusion of young people, especially 
     those in disadvantaged situations, in the work of the State 
     council.
       (h) Not later than 1 year after the Council holds its first 
     meeting, and on an annual basis for a period of 4 years 
     thereafter, the Council shall transmit to the President and 
     to Congress a report of the findings and recommendations of 
     the Council. The report shall--
       (1) include a comprehensive compilation of recent research 
     and statistical reporting by various Federal agencies on the 
     overall wellbeing of youth;
       (2) include the assessment of the needs of youth and those 
     who serve them, the goals and objectives, the target 
     populations of at-risk youth, and the plan called for in 
     subsection (d);
       (3) report on the link between quality of service 
     provision, technical assistance and successful youth outcomes 
     and recommend ways to coordinate and improve Federal training 
     and technical assistance, information sharing, and 
     communication among the various programs and agencies serving 
     youth;
       (4) include recommendations to better integrate and 
     coordinate policies across agencies at the Federal, State, 
     and local levels, including recommendations for legislation 
     and administrative actions;
       (5) include a summary of actions the Council has taken at 
     the request of Federal agencies to facilitate collaboration 
     and coordination on youth serving programs and the results of 
     those collaborations, if available; and
       (6) include a summary of the input and recommendations from 
     the groups identified in subsection (d)(8).
       (i) The Council shall terminate 60 days after transmitting 
     its fifth and final report pursuant to subsection (h).
       (j) There is authorized to be appropriated for fiscal years 
     2006 through 2010 such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 2262. 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:

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

     SEC. __. INCREASED FUNDING FOR EDUCATION PROGRAMS SERVING 
                   HISPANIC STUDENTS.

       (a) Migrant Education.--In addition to amounts otherwise 
     appropriated under this

[[Page 23598]]

     Act, there are appropriated, out of any money in the Treasury 
     not otherwise appropriated, an additional $9,600,000 for the 
     education of migratory children under part C of title I of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6391 et seq.).
       (b) English Language Acquisition.--In addition to amounts 
     otherwise appropriated under this Act, there are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, an additional $10,300,000 for English language 
     acquisition programs under part A of title III of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6811 et seq.).
       (c) HEP/CAMP.--In addition to amounts otherwise 
     appropriated under this Act, there are appropriated, out of 
     any money in the Treasury not otherwise appropriated, an 
     additional $5,700,000 for the High School Equivalency Program 
     and the College Assistance Migrant Program under section 418A 
     of the Higher Education Act of 1965 (20 U.S.C. 1070d-2).
       (d) School Dropout Prevention.--In addition to amounts 
     otherwise appropriated under this Act, there are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, an additional $5,000,000 for school dropout 
     prevention programs under part H of title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6551 et seq.).
       (e) ESL/CIVICS Programs.--In addition to amounts otherwise 
     appropriated under this Act, there are appropriated, out of 
     any money in the Treasury not otherwise appropriated, an 
     additional $6,500,000 for English as a second language 
     programs and civics education programs under the Adult 
     Education Act (20 U.S.C. 9201 et seq.).
       (f) Parent Assistance and Local Family Information 
     Centers.--In addition to amounts otherwise appropriated under 
     this Act, there are appropriated, out of any money in the 
     Treasury not otherwise appropriated, an additional 
     $13,000,000 for the Parent Assistance and Local Family 
     Information Centers under subpart 16 of part D of title V of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7273 et seq.).
       (g) Hispanic-Serving Institutions.--In addition to amounts 
     otherwise appropriated under this Act, there are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $9,900,000 for Hispanic-serving institutions 
     under title V of the Higher Education Act of 1965 (20 U.S.C. 
     1101 et seq.).
                                 ______
                                 
  SA 2263. Ms. CANTWELL 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. __. None of the funds made available under this Act to 
     carry out the Energy Employees Occupational Illness 
     Compensation Program Act may be used for the Advisory Board 
     on Radiation and Worker Health unless--
       (1) the Advisory Board, in order to improve the radiation 
     dose reconstruction program carried out by the Office of 
     Compensation and Analysis Support of the National Institute 
     of Occupational Safety and Health, and to promptly correct 
     identified quality problems through the audit process of the 
     Advisory Board, promptly develops a formal comment resolution 
     process with a process for the tracking of findings and 
     issues;
       (2) the Advisory Board reviews and acts on site profile and 
     dose reconstruction audit reports supplied by the Advisory 
     Board's audit contractor within 90 days of the date on which 
     such audit reports are received; and
       (3) the National Institute on Occupational Safety and 
     Health prepares and submits a corrective action plan with 
     specific deadlines within 90 days of the action of the 
     Advisory Board under paragraph (2).
                                 ______
                                 
  SA 2264. Mr. COLEMAN (for himself and Mr. Bayh) 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 156, line 2, insert before the period the 
     following: ``: Provided further, That the Secretary of Health 
     and Human Services shall publish in the Federal Register, not 
     later than 30 days after the date of enactment of this Act, a 
     notice of intent that adoption of ICD-10-CM and ICD-10-PCS 
     will occur not later than October 1, 2006, and that 
     compliance with such coding systems will be required with 
     respect to transactions occurring on or after October 1, 
     2009: Provided further, That the Secretary shall take such 
     steps as may be necessary to ensure that procedure codes are 
     promptly available for assignment and use under ICD-9-CM 
     until such time as such ICD-9-CM is replaced as a code set 
     standard with ICD-10-PCS''.
                                 ______
                                 
  SA 2265. Ms. COLLINS (for herself and Mr. Feingold) 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. __. From amounts appropriated under this title, the 
     Secretary of Health and Human Services shall make available 
     $5,000,000 to fund grants for innovative programs to address 
     dental workforce needs under section 340G of the Public 
     Health Service Act (42 U.S.C. 246g). Amounts made available 
     under this section shall be transferred from the General 
     Departmental Management account under the heading Office of 
     the Secretary.
                                 ______
                                 
  SA 2266. Ms. COLLINS (for herself and Mr. Feingold) 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. __. From amounts appropriated under this title, the 
     Secretary of Health and Human Services shall make available 
     $5,000,000 to fund grants for innovative programs to address 
     dental workforce needs under section 340G of the Public 
     Health Service Act (42 U.S.C. 246g). Amounts made available 
     under this section shall be transferred from the amount 
     provided as administrative funds for the Centers for Medicare 
     & Medicaid Services under the heading Program Management.
                                 ______
                                 
  SA 2267. Ms. COLLINS (for herself and Mr. Feingold) 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. __. From amounts appropriated under this title, the 
     Secretary of Health and Human Services shall make available 
     $5,000,000 to fund grants for innovative programs to address 
     dental workforce needs under section 340G of the Public 
     Health Service Act (42 U.S.C. 246g).

                          ____________________