118 STAT. 2795 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(5) LIABILITY OF THE SECRETARY.—Nothing in this sub section shall be construed to establish a private right of action against the Secretary for failure to provide instructional mate rials directly, or for failure by the National Instructional Mate rials Access Center to perform the duties of such center, or to otherwise authorize a private right of action related to the performance by such center, including through the application of the rights of children and parents established under this Act. ‘‘(6) INAPPLICABILITY.—Subsections (a) through (d) shall not apply to this subsection. ‘‘SEC. 675. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this subpart such sums as may be necessary for each of the fiscal years 2005 through 2010. ‘‘Subpart 4—General Provisions ‘‘SEC. 681. COMPREHENSIVE PLAN FOR SUBPARTS 2 AND 3. ‘‘(a) COMPREHENSIVE PLAN.— ‘‘(1) IN GENERAL.—After receiving input from interested individuals with relevant expertise, the Secretary shall develop and implement a comprehensive plan for activities carried out under subparts 2 and 3 in order to enhance the provision of early intervention services, educational services, related serv ices, and transitional services to children with disabilities under parts B and C. To the extent practicable, the plan shall be coordinated with the plan developed pursuant to section 178(c) of the Education Sciences Reform Act of 2002 and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State educational agencies in applications submitted for State personnel develop ment grants under subpart 1 and for grants under subparts 2and3. ‘‘(2) PUBLIC COMMENT.—The Secretary shall provide a public comment period of not less than 45 days on the plan. ‘‘(3) DISTRIBUTION OF FUNDS.—In implementing the plan, the Secretary shall, to the extent appropriate, ensure that funds awarded under subparts 2 and 3 are used to carry out activities that benefit, directly or indirectly, children with the full range of disabilities and of all ages. ‘‘(4) REPORTS TO CONGRESS.—The Secretary shall annually report to Congress on the Secretary’s activities under subparts 2 and 3, including an initial report not later than 12 months after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004. ‘‘(b) ASSISTANCE AUTHORIZED.—The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible entities to enable the eligible entities to carry out the purposes of such subparts in accordance with the comprehensive plan described in subsection (a). ‘‘(c) SPECIAL POPULATIONS.— ‘‘(1) APPLICATION REQUIREMENT.—In making an award of a grant, contract, or cooperative agreement under subpart 2 or 3, the Secretary shall, as appropriate, require an eligible 20 USC 1481. 20 USC 1475.
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