APPROPRIATION LANGUAGE
Excerpts from the Department of Defense Appropriations Act, 2006 – Public Law 109-148
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DIVISION B—EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEXICO AND PANDEMIC INFLUENZA, 2006
TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEXICO
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CHAPTER 6
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
SOCIAL SERVICES BLOCK GRANT
For an additional amount for `Social Services Block Grant', $550,000,000, for necessary expenses related to the consequences of hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding section 2003 and paragraphs (1) and (4) of section 2005(a) of the Social Security Act (42 U.S.C. 1397b and 1397d(a)): Provided , That in addition to other uses permitted by title XX of the Social Security Act, funds appropriated under this heading may be used for health services (including mental health services) and for repair, renovation and construction of health facilities (including mental health facilities): Provided further, That the amount provided under this heading 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.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For an additional amount for `Children and Families Services Programs', $90,000,000, for Head Start to serve children displaced by hurricanes in the Gulf of Mexico in calendar year 2005, notwithstanding sections 640(a)(1) and 640(g)(1) of the Head Start Act, and to cover the costs of renovating those Head Start facilities which were affected by these hurricanes, to the extent reimbursements from FEMA and insurance companies do not fully cover such costs: Provided , That the amount provided under this heading 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.
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CHAPTER 8
GOVERNMENT-WIDE RESCISSIONS
SEC. 3801. (a) ACROSS-THE-BOARD RESCISSIONS- There is hereby rescinded an amount equal to 1 percent of--
(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any discretionary account of this Act and in any other fiscal year 2006 appropriation Act;
(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any discretionary account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2006 for any program subject to limitation contained in any fiscal year 2006 appropriation Act.
(b) PROPORTIONATE APPLICATION- Any rescission made by subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget authority described in such subsection; and
(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).
(c) EXCEPTIONS- This section shall not apply--
(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or
(2) to discretionary authority appropriated or otherwise made available to the Department of Veterans Affairs.
(d) OMB REPORT- Within 30 days after the date of the enactment of this section the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section.
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TITLE IV—HURRICANE EDUCATION RECOVERY ACT
SUBTITLE C—EDUCATION AND RELATED PROGRAMS HURRICANE RELIEF
SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK GRANT.
(a) Head Start-
(1) TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES- From the amount made available for Head Start in this Act, the Secretary of Health and Human Services shall provide training and technical assistance, guidance, and resources through the Region 4 and Region 6 offices of the Administration for Children and Families (and may provide training and technical assistance, guidance, and resources through other regional offices of the Administration, at the request of such offices that administer affected Head Start agencies and Early Head Start entities) to Head Start agencies and Early Head Start entities in areas affected by a Gulf hurricane disaster, and to affected Head Start agencies and Early Head Start entities, to assist the agencies and entities involved to address the health and counseling needs of infants, toddlers, and young children affected by a Gulf hurricane disaster. Such training and technical assistance may be provided by contract or cooperative agreement with qualified national, regional, or local providers.
(2) WAIVER- For such period up to September 30, 2006 , and to such extent as the Secretary considers appropriate, the Secretary of Health and Human Services--
(A) may waive section 640(b) of the Head Start Act for Head Start agencies located in an area affected by a Gulf hurricane disaster, and other affected Head Start agencies and Early Head Start agencies; and
(B) shall waive requirements of documentation for individuals adversely affected by a Gulf hurricane disaster who participate in a Head Start program or an Early Head Start program funded under the Head Start Act.
(b) Child Care and Development Block Grant-
(1) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990- For such period up to September 30, 2006, and to such extent as the Secretary considers to be appropriate, the Secretary of Health and Human Services may waive, for any affected State, and any State serving significant numbers of individuals adversely affected by a Gulf hurricane disaster, provisions of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)--
(A) relating to Federal income limitations on eligibility to receive child care services for which assistance is provided under such Act;
(B) relating to work requirements applicable to eligibility to receive child care services for which assistance is provided under such Act;
(C) relating to limitations on the use of funds under section 658G of the Child Care and Development Block Grant Act of 1990;
(D) preventing children designated as evacuees from receiving priority for child care services provided under such Act, except that children residing in a State and currently receiving services should not lose such services to accommodate evacuee children; and
(E) relating to any non-Federal or capital contribution required (including copayment or other cost sharing by parents receiving child care assistance) to match Federal funds provided under programs administered by the Secretary of Health and Human Services;
(2) TECHNICAL ASSISTANCE AND GUIDANCE- The Secretary may provide assistance to States for the purpose of providing training, technical assistance, and guidance to eligible child care providers (as defined in section 658P of the Child Care and Development Block Grant Act of 1990) who are licensed and regulated, as applicable, by the States, to enable such providers to provide child care services for children and families described in paragraph (1). Such training and technical assistance may be provided through intermediary organizations, including those with demonstrated experience in providing training and technical assistance to programs serving school-age children up to age 13, involved in reinstituting child care services on a broad scale in areas affected by a Gulf hurricane disaster.
SEC. 303. DEFINITIONS.
(a) In General- Unless otherwise specified in this subtitle, the terms used in this subtitle have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965.
(b) Additional Definitions- For the purposes of this subtitle:
(1) AFFECTED HEAD START AGENCIES AND EARLY HEAD START AGENCIES- The term `affected Head Start Agencies and Early Head Start Agencies' means a Head Start agency receiving a significant number of children from an area in which a Gulf hurricane disaster has been declared.
(2) AFFECTED STATE- The term `affected State' means the State of Alabama , Florida , Louisiana , Mississippi , or Texas .
(3) AREA AFFECTED BY A GULF HURRICANE DISASTER- The term `area affected by a Gulf hurricane disaster' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita.
(4) CHILD WITH A DISABILITY- The term `child with a disability' has the meaning given such term in section 602(3) of the Individuals with Disabilities Education Act.
(5) ELIGIBLE ENTITY- The term `eligible entity' means--
(A) a local educational agency (as defined in section 602(19) of the Individuals with Disabilities Education Act) if such agency is located in a State or in an area of a State with respect to which the President has declared that a Gulf hurricane disaster exists;
(B) a State educational agency (as defined in section 602(32) of such Act) if such agency is located in a State with respect to which the President has declared that a Gulf hurricane disaster exists; or
(C) a State interagency coordinating council established under section 641 of such Act if such council is located in a State with respect to which the President has declared that a Gulf hurricane disaster exists.
(6) GULF HURRICANE DISASTER- The term `Gulf hurricane disaster' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and that was caused by Hurricane Katrina or Hurricane Rita.
(7) HIGHLY QUALIFIED- The term `highly qualified'--
(A) in the case of a special education teacher, has the meaning given such term in section 602 of the Individuals with Disabilities Education Act; and
(B) in the case of any other elementary, middle, or secondary school teacher, has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.
(8) INDIVIDUAL ADVERSELY AFFECTED BY A GULF HURRICANE DISASTER- The term `individual adversely affected by a Gulf hurricane disaster' means an individual who, on August 29, 2005, was living, working, or attending school in an area in which the President has declared to exist a Gulf hurricane disaster.
(9) INFANT OR TODDLER WITH A DISABILITY- The term `infant or toddler with a disability' has the meaning given such term in section 632(5) of the Individuals with Disabilities Education Act.
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