II 

112TH CONGRESS 

1ST SESSION S. 263 

To provide for child safety, care, and education continuity in the event 

of a presidentially declared disaster. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2011 

Ms. LANDRIEU (for herself, Mr. ALEXANDER, and Mr. COCHRAN) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To provide for child safety, care, and education continuity 

in the event of a presidentially declared disaster. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Safety, Care, 

5 and Education Continuity Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Trigger. 

Sec. 5. Waivers or modifications applicable to titles I, II, and III. 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 263 IS

TITLE I—KINDERGARTEN THROUGH GRADE 12 STUDENTS AND 

SCHOOLS 

Sec. 101. Immediate aid to restart school operations. 

Sec. 102. Hold harmless for local educational agencies serving disaster areas. 

Sec. 103. Teacher and paraprofessional reciprocity. 

Sec. 104. Regulatory and financial relief. 

Sec. 105. Temporary emergency impact aid for displaced students. 

Sec. 106. Authorization of appropriations. 

TITLE II—HIGHER EDUCATION STUDENTS AND INSTITUTIONS 

Sec. 201. General waivers and modifications. 

Sec. 202. Teacher recruitment and retention. 

Sec. 203. Authorized uses of TRIO, GEAR-UP, part A or B of title III, and 

other grants. 

Sec. 204. Financial aid. 

Sec. 205. Expanding information dissemination regarding eligibility for Federal 

Pell Grants. 

Sec. 206. Procedures. 

Sec. 207. Definitions. 

TITLE III—PREKINDERGARTEN STUDENTS, SCHOOLS, AND CHILD 

CARE CENTERS 

Sec. 301. Agreements to extend certain deadlines of the Individuals with Disabilities Education Act to facilitate the provision of educational 

services to children with disabilities. 

Sec. 302. Head Start and Child Care and Development Block Grant. 

Sec. 303. Definitions. 

TITLE IV—EMERGENCY PLANNING FOR CHILD CARE CENTERS 

Sec. 401. Disaster plans. 

Sec. 402. Addressing child care services and facilities. 

TITLE V—HEALTH CARE SERVICES FOR CHILDREN 

Sec. 501. Medicaid and CHIP disaster guidance. 

1 SEC. 3. DEFINITIONS. 

2 (a) ESEA DEFINITIONS.—The terms used in this 

3 Act have the meanings given the terms in section 9101 

4 of the Elementary and Secondary Education Act of 1965 

5 (20 U.S.C. 7801). 

6 (b) ADDITIONAL DEFINITIONS.—In this Act: 

7 (1) DISASTER AREA.—The term ‘‘disaster area’’ 

8 means the area for which the President has declared 


jlentini on DSKJ8SOYB1PROD with BILLS
3 

•S 263 IS

1 a major disaster, during the period of the declara2 tion. 

3 (2) CATASTROPHIC INCIDENT.—The term ‘‘cat4 astrophic incident’’ has the meaning given the term 

5 under section 501 of the Homeland Security Act of 

6 2002 (6 U.S.C. 311). 

7 (3) IMPACTED SCHOOL YEAR.—The term ‘‘im8 pacted school year’’ means the school year in which 

9 a presidentially declared disaster occurs. 

10 (4) MAJOR DISASTER.—The term ‘‘major dis11 aster’’ has the meaning given the term under section 

12 102 of the Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act (42 U.S.C. 5122). 

14 (5) NONPUBLIC SCHOOL.—The term ‘‘nonpublic 

15 school’’ means a nonpublic school that— 

16 (A) provides elementary or secondary edu17 cation, as determined under State law; 

18 (B) is accredited, is licensed, or otherwise 

19 operates in accordance with State law; and 

20 (C) was in existence prior to the date upon 

21 which a presidentially declared disaster has oc22 curred. 

23 (6) PRESIDENTIALLY DECLARED DISASTER.— 

24 The term ‘‘presidentially declared disaster’’ means a 

25 major disaster that the President declared to exist, 


jlentini on DSKJ8SOYB1PROD with BILLS
4 

•S 263 IS

1 in accordance with section 401 of the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance 

3 Act (42 U.S.C. 5170). 

4 (7) SECRETARY.—The term ‘‘Secretary’’, unless 

5 otherwise specified, means the Secretary of Edu6 cation. 

7 SEC. 4. TRIGGER. 

8 (a) MANDATORY ACTIVATION.—Notwithstanding any 

9 other provision of this Act, the Secretary shall carry out 

10 a program or activity under title I, II, or III, and the Sec11 retary of Health and Human Services shall carry out a 

12 program or activity under title III, in a State if— 

13 (1) 10 percent of the students enrolled in public 

14 or private elementary schools or secondary schools in 

15 the State are displaced from their schools for more 

16 than 60 days by a presidentially declared disaster; 

17 (2) the Secretary or the Secretary of Health 

18 and Human Services, respectively, elects to carry out 

19 the program or activity; and 

20 (3) the Governor or chief executive officer of 

21 the State requests that the Secretary or the Sec22 retary of Health and Human Services, respectively, 

23 carry out the program or activity. 

24 (b) DISCRETIONARY ACTIVATION.—The Secretary 

25 may carry out a program or activity under title I, II, or 


jlentini on DSKJ8SOYB1PROD with BILLS
5 

•S 263 IS

1 III, and the Secretary of Health and Human Services may 

2 carry out a program or activity under title III, in a State 

3 experiencing a catastrophic incident affecting students en4 rolled in a public or private elementary school or secondary 

5 school in the State if— 

6 (1) the Secretary or the Secretary of Health 

7 and Human Services, respectively, determines that 

8 such program or activity is necessary; and 

9 (2) the Governor or chief executive officer of 

10 the State requests that the Secretary or the Sec11 retary of Health and Human Services, respectively, 

12 carry out the program or activity. 

13 SEC. 5. WAIVERS OR MODIFICATIONS APPLICABLE TO TI14 TLES I, II, AND III. 

15 Notwithstanding any other provision of law, the Sec16 retary may waive or modify any requirement of Federal 

17 law or regulation administered by the Secretary, other 

18 than a law or regulation regarding civil rights or safety, 

19 that the Secretary determines is necessary in order to pro20 vide assistance under titles I, II, and III, whether with 

21 funds appropriated under this Act or otherwise, as effi22 ciently and expeditiously as possible, to individuals or enti23 ties affected directly or indirectly by a presidentially de24 clared disaster. 


jlentini on DSKJ8SOYB1PROD with BILLS
6 

•S 263 IS

1 TITLE I—KINDERGARTEN 

2 THROUGH GRADE 12 STU3 DENTS AND SCHOOLS 

4 SEC. 101. IMMEDIATE AID TO RESTART SCHOOL OPER5 ATIONS. 

6 (a) PURPOSE.—It is the purpose of this section— 

7 (1) to provide immediate and direct assistance 

8 to local educational agencies and nonpublic schools 

9 that serve a disaster area in which a presidentially 

10 declared disaster has been declared; 

11 (2) to assist school district administrators, and 

12 personnel of such local educational agencies or non13 public schools, who are working to restart operations 

14 in schools that provide elementary or secondary edu15 cation and are served by such local educational 

16 agencies and in nonpublic schools, respectively; and 

17 (3) to facilitate the reopening of schools that 

18 provide elementary and secondary education and are 

19 served by such local educational agencies and of 

20 nonpublic schools, and to facilitate the reenrollment 

21 of students in such schools as soon as possible. 

22 (b) GRANTS AND SUBGRANTS AUTHORIZED.—From 

23 amounts appropriated under section 106, the Secretary is 

24 authorized to award grants to State educational agencies 

25 to enable the State educational agencies to award subVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
7 

•S 263 IS

1 grants to local educational agencies or nonpublic schools 

2 serving disaster areas in which a presidentially declared 

3 disaster has been declared to enable such local educational 

4 agencies and nonpublic schools, respectively, to provide 

5 educational services or assistance described in subsection 

6 (e). 

7 (c) SUBGRANT FUNDING CONSIDERATIONS; EQ8 UITY.— 

9 (1) SUBGRANT FUNDING CONSIDERATIONS.—In 

10 determining whether to award a subgrant under this 

11 section, or the amount of the subgrant, the State 

12 educational agency shall consider the following: 

13 (A) The number of school-aged children 

14 served by the local educational agency or non15 public school in the academic year preceding 

16 the academic year for which the subgrant is 

17 awarded. 

18 (B) The severity of the impact of the presi19 dentially declared disaster on the local edu20 cational agency or nonpublic school and the ex21 tent of the needs in each local educational agen22 cy or nonpublic school that serves a disaster 

23 area in which a presidentially declared disaster 

24 has been declared. 


jlentini on DSKJ8SOYB1PROD with BILLS
8 

•S 263 IS

1 (2) EQUITY.—Educational services and assist2 ance that are described in subsection (e) and pro3 vided for nonpublic school students under this sec4 tion shall be equitable in comparison to the edu5 cational services and assistance provided for public 

6 school students under this section, and shall be pro7 vided in a timely manner. 

8 (d) APPLICATIONS.—Each local educational agency 

9 or nonpublic school desiring a subgrant under this section 

10 shall submit an application to the State educational agen11 cy at such time, in such manner, and accompanied by such 

12 information as the State educational agency may reason13 ably require to ensure expedited and timely payment to 

14 the local educational agency or nonpublic school. 

15 (e) USES OF FUNDS.— 

16 (1) IN GENERAL.—A local educational agency 

17 or nonpublic school receiving a subgrant under this 

18 section shall use the subgrant funds for— 

19 (A) recovery of student and personnel 

20 data, and other electronic information; 

21 (B) replacement of school district informa22 tion systems, including hardware and software; 

23 (C) financial operations; 

24 (D) reasonable transportation costs; 


jlentini on DSKJ8SOYB1PROD with BILLS
9 

•S 263 IS

1 (E) rental of mobile educational units and 

2 leasing of neutral sites or spaces; 

3 (F) initial replacement of instructional ma4 terials and equipment, including textbooks; 

5 (G) redeveloping instructional plans, in6 cluding curriculum development; 

7 (H) initiating and maintaining education 

8 and support services; and 

9 (I) such other activities related to the pur10 pose of this section that are approved by the 

11 Secretary. 

12 (2) USE WITH OTHER AVAILABLE FUNDS.—A 

13 local educational agency or nonpublic school receiv14 ing a subgrant under this section may use the 

15 subgrant funds in coordination with other Federal, 

16 State, or local funds available for the activities de17 scribed in paragraph (1). 

18 (3) PROHIBITIONS.—Subgrant funds received 

19 under this section shall not be used for any of the 

20 following: 

21 (A) Construction or major renovation of 

22 schools. 

23 (B) Payments to school administrators or 

24 teachers who are not actively engaged in re25 starting or re-opening schools. 


jlentini on DSKJ8SOYB1PROD with BILLS
10 

•S 263 IS

1 (4) SPECIAL RULE.—Educational services or as2 sistance provided under this section, including equip3 ment and materials, shall be secular, neutral, and 

4 nonideological. 

5 (f) SUPPLEMENT NOT SUPPLANT.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2) and notwithstanding section 104, funds 

8 made available under this section shall be used to 

9 supplement, not supplant, any funds made available 

10 through the Federal Emergency Management Agen11 cy or through a State. 

12 (2) EXCEPTION.—Paragraph (1) shall not pro13 hibit the provision of Federal assistance under this 

14 section to a State educational agency, local edu15 cational agency, or nonpublic school that is or may 

16 be entitled to receive, from another source, benefits 

17 for the same purposes as under this section, if— 

18 (A) such State educational agency, local 

19 educational agency, or nonpublic school has not 

20 received such other benefits by the time of ap21 plication for Federal assistance under this sec22 tion; and 

23 (B) such State educational agency, local 

24 educational agency, or nonpublic school agrees 


jlentini on DSKJ8SOYB1PROD with BILLS
11 

•S 263 IS

1 to repay all duplicative Federal assistance re2 ceived to carry out the purposes of this section. 

3 (g) ASSISTANCE TO NONPUBLIC SCHOOLS.— 

4 (1) FUNDS AVAILABILITY.—From the grant 

5 funds provided by the Secretary under subsection (b) 

6 to a State educational agency, the State educational 

7 agency shall reserve an amount of the grant funds, 

8 to be made available to nonpublic schools in the 

9 State, that is not less than an amount that bears the 

10 same relation to the grant funds as the number of 

11 nonpublic schools providing elementary and sec12 ondary education in the State bears to the total 

13 number of nonpublic schools and public elementary 

14 schools and secondary schools in the State. The 

15 number of such schools shall be determined by the 

16 National Center for Education Statistics Common 

17 Core of Data for the year preceding the year for 

18 which the presidentially declared disaster has oc19 curred. Such funds shall be used for the provision of 

20 educational services or assistance at nonpublic 

21 schools, except as provided in paragraph (2). 

22 (2) SPECIAL RULE.—If the reserved funds de23 scribed in paragraph (1) remain unobligated 120 

24 days after the date that grant funds under sub25 section (b) are made available to a State educational 


jlentini on DSKJ8SOYB1PROD with BILLS
12 

•S 263 IS

1 agency, such reserved funds may be used to provide 

2 educational services or assistance under this section 

3 to other local educational agencies or nonpublic 

4 schools serving disaster areas in which a presi5 dentially declared disaster has been declared. 

6 (3) PUBLIC CONTROL OF FUNDS.—The control 

7 of funds for the educational services and assistance 

8 provided to a nonpublic school under paragraph (1), 

9 and title to materials, equipment, and property pur10 chased with such funds, shall be in a public agency, 

11 and a public agency shall administer such funds, 

12 materials, equipment, and property and shall provide 

13 such services (or may contract for the provision of 

14 such services with a public or private entity). 

15 SEC. 102. HOLD HARMLESS FOR LOCAL EDUCATIONAL 

16 AGENCIES SERVING DISASTER AREAS. 

17 Notwithstanding any other provision of law, in the 

18 case of a local educational agency that serves a disaster 

19 area in which the President has declared that a presi20 dentially declared disaster exists, the Secretary shall en21 sure that the amount made available for such local edu22 cational agency under each of sections 1124, 1124A, 

23 1125, and 1125A of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 

25 6337) for the second fiscal year following the fiscal year 


jlentini on DSKJ8SOYB1PROD with BILLS
13 

•S 263 IS

1 in which the presidentially declared disaster is declared 

2 shall be not less than the amount made available for such 

3 local educational agency under each of such sections for 

4 the fiscal year in which the presidentially declared disaster 

5 is declared. 

6 SEC. 103. TEACHER AND PARAPROFESSIONAL RECI7 PROCITY. 

8 (a) AFFECTED TEACHER RECIPROCITY.— 

9 (1) DEFINITION OF AFFECTED TEACHER.—In 

10 this subsection, the term ‘‘affected teacher’’ means 

11 a teacher who is displaced due to a presidentially de12 clared disaster and relocates to a State that is dif13 ferent from the State in which such teacher resided 

14 or worked on the date of the occurrence of the presi15 dentially declared disaster. 

16 (2) RECIPROCITY.—A local educational agency 

17 may consider an affected teacher hired by such local 

18 educational agency who is not highly qualified in the 

19 State in which such agency is located to be highly 

20 qualified, for purposes of section 1119 of the Ele21 mentary and Secondary Education Act of 1965 (20 

22 U.S.C. 6319) and section 612(a)(14) of the Individ23 uals with Disabilities Education Act (20 U.S.C. 

24 1412(a)(14)), respectively, for the school year in 

25 which the presidentially declared disaster has ocVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
14 

•S 263 IS

1 curred and through the succeeding school year, if 

2 such affected teacher was highly qualified, consistent 

3 with section 9101(23) of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 7801(23)) 

5 and section 602(10) of the Individuals with Disabil6 ities Education Act (20 U.S.C. 1401(10)), respec7 tively, on the date of the occurrence of a presi8 dentially declared disaster, in the State in which 

9 such teacher resided or worked on the date of the 

10 occurrence of a presidentially declared disaster. 

11 (b) AFFECTED PARAPROFESSIONAL RECIPROCITY.— 

12 (1) DEFINITION OF AFFECTED PARAPROFES13 SIONAL.—In this subsection, the term ‘‘affected 

14 paraprofessional’’ means a paraprofessional who is 

15 displaced due to a presidentially declared disaster 

16 and relocates to a State that is different from the 

17 State in which such paraprofessional resided or 

18 worked on the date of the occurrence of the presi19 dentially declared disaster. 

20 (2) RECIPROCITY.—A local educational agency 

21 may consider an affected paraprofessional hired by 

22 such local educational agency who does not satisfy 

23 the requirements of section 1119(c) of the Elemen24 tary and Secondary Education Act of 1965 (20 

25 U.S.C. 6319(c)) in the State in which such agency 


jlentini on DSKJ8SOYB1PROD with BILLS
15 

•S 263 IS

1 is located to satisfy such requirements, for purposes 

2 of such section, for the school year in which the 

3 presidentially declared disaster has occurred and 

4 through the succeeding school year, if such affected 

5 paraprofessional satisfied such requirements on the 

6 date of the occurrence of a presidentially declared 

7 disaster, in the State in which such paraprofessional 

8 resided or worked on the date of the occurrence of 

9 a presidentially declared disaster. 

10 SEC. 104. REGULATORY AND FINANCIAL RELIEF. 

11 (a) WAIVER AUTHORITY.—Notwithstanding any 

12 other provision of law and subject to subsections (b) and 

13 (c), in providing any grant or other assistance, directly 

14 or indirectly, to an entity in a State affected by a presi15 dentially declared disaster, the Secretary may, as applica16 ble, waive or modify, in order to ease fiscal burdens, any 

17 requirement of Federal law relating to the following: 

18 (1) Maintenance of effort. 

19 (2) The use of Federal funds to supplement, 

20 not supplant, non-Federal funds. 

21 (3) Any non-Federal share or capital contribu22 tion required to match Federal funds provided under 

23 programs administered by the Secretary. 

24 (b) DURATION.—A waiver under this section shall be 

25 for the impacted school year. 


jlentini on DSKJ8SOYB1PROD with BILLS
16 

•S 263 IS

1 (c) LIMITATIONS.— 

2 (1) RELATION TO IDEA.—Nothing in this sec3 tion shall be construed to waive or modify any provi4 sion of the Individuals with Disabilities Education 

5 Act (20 U.S.C. 1400 et seq.). 

6 (2) MAINTENANCE OF EFFORT.—If the Sec7 retary grants a waiver or modification under this 

8 section waiving or modifying a requirement relating 

9 to maintenance of effort for an impacted fiscal year, 

10 the level of effort required for the school year fol11 lowing the impacted school year shall not be reduced 

12 because of the waiver or modification. 

13 SEC. 105. TEMPORARY EMERGENCY IMPACT AID FOR DIS14 PLACED STUDENTS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) DISPLACED STUDENT.—The term ‘‘dis17 placed student’’ means a student— 

18 (A)(i) who attended a school in an area 

19 impacted by a presidentially declared disaster; 

20 or 

21 (ii) whose parent resided or worked in an 

22 area impacted by a presidentially declared dis23 aster; and 

24 (B) who enrolled in another school as a re25 sult of a presidentially declared disaster. 


jlentini on DSKJ8SOYB1PROD with BILLS
17 

•S 263 IS

1 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN2 CIES.—The term ‘‘eligible local educational agency’’ 

3 means a local educational agency that serves— 

4 (A) an elementary school or secondary 

5 school (including a public charter school) in 

6 which there is enrolled a displaced student; or 

7 (B) an area in which there is located a 

8 nonpublic school. 

9 (3) ELIGIBLE BIE-FUNDED SCHOOL.—The term 

10 ‘‘eligible BIE-funded school’’ means a school funded 

11 by the Bureau of Indian Education in which there 

12 is enrolled a displaced student. 

13 (b) TEMPORARY EMERGENCY IMPACT AID AUTHOR14 IZED.— 

15 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

16 From amounts appropriated under section 106, the 

17 Secretary shall provide emergency impact aid to 

18 State educational agencies to enable the State edu19 cational agencies to make emergency impact aid pay20 ments to eligible local educational agencies and eligi21 ble BIE-funded schools to enable— 

22 (A) such eligible local educational agencies 

23 and eligible BIE-funded schools to provide for 

24 the instruction of displaced students served by 


jlentini on DSKJ8SOYB1PROD with BILLS
18 

•S 263 IS

1 such eligible local educational agencies and eli2 gible BIE-funded schools; and 

3 (B) such eligible local educational agencies 

4 to make immediate impact aid payments to ac5 counts established on behalf of displaced stu6 dents (referred to in this section as ‘‘accounts’’) 

7 who are attending nonpublic schools located in 

8 the areas served by the eligible local educational 

9 agencies. 

10 (2) AID TO LOCAL EDUCATIONAL AGENCIES

11 AND BIE-FUNDED SCHOOLS.—A State educational 

12 agency shall make emergency impact aid payments 

13 to eligible local educational agencies and eligible 

14 BIE-funded schools in accordance with subsection 

15 (d). 

16 (3) STATE EDUCATIONAL AGENCIES IN CER17 TAIN STATES.—The State educational agency shall 

18 carry out the activities of eligible local educational 

19 agencies that are unable to carry out this section, in20 cluding eligible local educational agencies in a State 

21 for which the State exercises the authorities nor22 mally exercised by such local educational agencies. 

23 (4) NOTICE OF FUNDS AVAILABILITY.—Not 

24 later than 14 calendar days after the date of enact25 ment of this Act, the Secretary shall publish in the 


jlentini on DSKJ8SOYB1PROD with BILLS
19 

•S 263 IS

1 Federal Register a notice of the availability of funds 

2 under this section. 

3 (c) APPLICATION.— 

4 (1) STATE EDUCATIONAL AGENCY.—A State 

5 educational agency that desires to receive emergency 

6 impact aid under this section shall submit an appli7 cation to the Secretary at such time, in such man8 ner, and accompanied by such information as the 

9 Secretary may reasonably require, including— 

10 (A) information on the total displaced stu11 dent count of the State provided by eligible 

12 local educational agencies in the State and eligi13 ble BIE-funded schools in the State under 

14 paragraph (2); 

15 (B) a description of the process for the 

16 parent or guardian of a displaced student en17 rolled in a nonpublic school to indicate to the 

18 eligible local educational agency serving the 

19 area in which the nonpublic school is located 

20 that the student is enrolled in the nonpublic 

21 school; 

22 (C) a description of the procedure to be 

23 used by an eligible local educational agency in 

24 such State to provide payments to accounts; 


jlentini on DSKJ8SOYB1PROD with BILLS
20 

•S 263 IS

1 (D) a description of the process to be used 

2 by an eligible local educational agency in such 

3 State to obtain— 

4 (i) attestations of attendance of dis5 placed students from nonpublic schools, in 

6 order for the local educational agency to 

7 provide payments to accounts on behalf of 

8 displaced students; and 

9 (ii) attestations from nonpublic 

10 schools that accounts are used only for the 

11 purposes described in subsection (e)(2)(A); 

12 (E) the criteria, including family income, 

13 used to determine the eligibility for and the 

14 amount of assistance under this section pro15 vided on behalf of a displaced student attending 

16 a nonpublic school; and 

17 (F) the number of displaced students who 

18 attend nonpublic schools in the State. 

19 (2) LOCAL EDUCATIONAL AGENCIES AND BIE20 FUNDED SCHOOLS.—An eligible local educational 

21 agency or eligible BIE-funded school that desires an 

22 emergency impact aid payment under this section 

23 shall submit an application to the State educational 

24 agency at such time, in such manner, and accom25 panied by such information as the State educational 


jlentini on DSKJ8SOYB1PROD with BILLS
21 

•S 263 IS

1 agency may reasonably require, including docu2 mentation submitted quarterly for the impacted 

3 school year that indicates the following: 

4 (A) ELIGIBLE LOCAL EDUCATIONAL AGEN5 CIES.—In the case of an eligible local edu6 cational agency— 

7 (i) the number of displaced students 

8 enrolled in the elementary schools and sec9 ondary schools (including public charter 

10 schools and including the number of dis11 placed students who are identified as eligi12 ble for and receive services under part B of 

13 the Individuals with Disabilities Education 

14 Act (20 U.S.C. 1411 et seq.)) served by 

15 such eligible local educational agency for 

16 such quarter; 

17 (ii) the number of displaced students 

18 for whom the eligible local educational 

19 agency expects to provide payments to ac20 counts under subsection (e)(2) (including 

21 the number of displaced students who are 

22 identified as eligible for and receive serv23 ices under part B of the Individuals with 

24 Disabilities Education Act) for such quar25 ter who meet the following criteria: 


jlentini on DSKJ8SOYB1PROD with BILLS
22 

•S 263 IS

1 (I) The displaced student en2 rolled in a nonpublic school prior to 

3 the occurrence of a presidentially de4 clared disaster. 

5 (II) The parent or guardian of 

6 the displaced student chose to enroll 

7 the student in the nonpublic school in 

8 which the student is enrolled. 

9 (III) The parent or guardian of 

10 the displaced student submitted an 

11 application requesting that the eligible 

12 local educational agency make a pay13 ment to an account on behalf of the 

14 student. 

15 (IV) The displaced student’s tui16 tion and fees (and transportation ex17 penses, if any) for the impacted school 

18 year is waived or reimbursed (by the 

19 nonpublic school) in an amount that 

20 is not less than the amount of emer21 gency impact aid payment provided on 

22 behalf of such student under this sec23 tion; and 

24 (iii) an assurance that the eligible 

25 local educational agency will make payVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
23 

•S 263 IS

1 ments to accounts described in subsection 

2 (e)(2) not later than 14 calendar days 

3 after receipt of an emergency impact aid 

4 payment provided under this section. 

5 (B) ELIGIBLE BIE-FUNDED SCHOOLS.—In 

6 the case of an eligible BIE-funded school, the 

7 number of displaced students, including the 

8 number of displaced students who are identified 

9 as eligible for and receive services under part B 

10 of the Individuals with Disabilities Education 

11 Act, enrolled in the eligible BIE-funded school 

12 for such quarter. 

13 (3) DETERMINATION OF NUMBER OF DIS14 PLACED STUDENTS.—In determining the number of 

15 displaced students for a quarter under paragraph 

16 (2), an eligible local educational agency or eligible 

17 BIE-funded school shall include in such number the 

18 number of displaced students served during the 

19 quarter prior to the occurrence of a presidentially 

20 declared disaster. 

21 (d) AMOUNT AND DURATION OF EMERGENCY IM22 PACT AID.— 

23 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

24 (A) IN GENERAL.—The amount of emer25 gency impact aid received by a State eduVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
24 

•S 263 IS

1 cational agency for the impacted school year 

2 shall equal the sum of— 

3 (i) the number of displaced students 

4 (who are not identified as eligible for and 

5 do not receive services under part B of the 

6 Individuals with Disabilities Education 

7 Act), as determined by the eligible local 

8 educational agencies and eligible BIE9 funded schools in the State under sub10 section (c)(2), multiplied by the average 

11 per-pupil expenditure in the State for the 

12 most recent fiscal year for which such in13 formation is available; and 

14 (ii) the number of displaced students 

15 who are identified as eligible for and re16 ceive services under part B of the Individ17 uals with Disabilities Education Act, as de18 termined by the eligible local educational 

19 agencies and eligible BIE-funded schools in 

20 the State under subsection (c)(2), multi21 plied by 140 percent of the average per22 pupil expenditure in the State for the most 

23 recent fiscal year for which such informa24 tion is available. 


jlentini on DSKJ8SOYB1PROD with BILLS
25 

•S 263 IS

1 (B) INSUFFICIENT FUNDS.—If the amount 

2 available under this section to provide emer3 gency impact aid under this subsection is insuf4 ficient to pay the full amount that a State edu5 cational agency is eligible to receive under this 

6 section, then the Secretary shall ratably reduce 

7 the amount of such emergency impact aid. 

8 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

9 AGENCIES AND ELIGIBLE BIE-FUNDED SCHOOLS.— 

10 (A) QUARTERLY INSTALLMENTS.— 

11 (i) IN GENERAL.—A State educational 

12 agency shall provide emergency impact aid 

13 payments under this section on a quarterly 

14 basis for the impacted school year by such 

15 dates as determined by the Secretary. Such 

16 quarterly installment payments shall be 

17 based on the number of displaced students 

18 reported under subsection (c)(2) and in the 

19 amount determined under clause (ii). 

20 (ii) PAYMENT AMOUNT.—Each quar21 terly installment payment under clause (i) 

22 shall equal 25 percent of the sum of— 

23 (I) the number of displaced stu24 dents (who are not identified as eligi25 ble for and do not receive services 


jlentini on DSKJ8SOYB1PROD with BILLS
26 

•S 263 IS

1 under part B of the Individuals with 

2 Disabilities Education Act) reported 

3 by the eligible local educational agen4 cy or eligible BIE funded school for 

5 such quarter (as determined under 

6 subsection (c)(2)), multiplied by the 

7 average per-pupil expenditure in the 

8 State for the most recent fiscal year 

9 for which such information is avail10 able; and 

11 (II) the number of displaced stu12 dents who are identified as eligible for 

13 and receive services under part B of 

14 the Individuals with Disabilities Edu15 cation Act reported by the eligible 

16 local educational agency or eligible 

17 BIE-funded school for such quarter 

18 (as determined under subsection 

19 (c)(2)), multiplied by 140 percent of 

20 the average per-pupil expenditure in 

21 the State for the most recent fiscal 

22 year for which such information is 

23 available. 

24 (iii) TIMELINE.—The Secretary shall 

25 establish a timeline for quarterly reporting 


jlentini on DSKJ8SOYB1PROD with BILLS
27 

•S 263 IS

1 on the number of displaced students in 

2 order to make the appropriate disburse3 ments in a timely manner. 

4 (iv) INSUFFICIENT FUNDS.—If, for 

5 any quarter, the amount available under 

6 this section to make payments under this 

7 subsection is insufficient to pay the full 

8 amount that an eligible local educational 

9 agency or eligible BIE-funded school is eli10 gible to receive under this section, then the 

11 State educational agency shall ratably re12 duce the amount of such payments. 

13 (B) MAXIMUM PAYMENT TO ACCOUNT.—In 

14 providing quarterly payments to an account for 

15 the impacted school year on behalf of a dis16 placed student for each quarter that such stu17 dent is enrolled in a nonpublic school in the 

18 area served by an eligible local educational 

19 agency under subsection (e)(2), the eligible local 

20 educational agency may provide not more than 

21 4 quarterly payments to such account, and the 

22 aggregate amount of such payments shall not 

23 exceed the lesser of— 

24 (i)(I) in the case of a displaced stu25 dent who is not identified as eligible for 


jlentini on DSKJ8SOYB1PROD with BILLS
28 

•S 263 IS

1 and does not receive services under part B 

2 of the Individuals with Disabilities Edu3 cation Act, the average per-pupil expendi4 ture in the State for the most recent fiscal 

5 year for which such information is avail6 able; or 

7 (II) in the case of a displaced student 

8 who is identified as eligible for and receives 

9 services under part B of the Individuals 

10 with Disabilities Education Act, 140 per11 cent of the average per-pupil expenditure 

12 in the State for the most recent fiscal year 

13 for which such information is available; 

14 and 

15 (ii) the cost of tuition and fees (and 

16 transportation expenses, if any) at the 

17 nonpublic school for the impacted school 

18 year. 

19 (3) DURATION EXTENSION.—The Secretary 

20 may provide emergency impact aid under this sec21 tion, in whole or in part, for 1 school year subse22 quent to the impacted school year if the President 

23 determines such provision of assistance is appro24 priate, subject to the availability of appropriations. 

25 (e) USE OF FUNDS.— 


jlentini on DSKJ8SOYB1PROD with BILLS
29 

•S 263 IS

1 (1) DISPLACED STUDENTS IN PUBLIC

2 SCHOOLS.—An eligible local educational agency or 

3 eligible BIE-funded school receiving emergency im4 pact aid payments under this section shall use the 

5 payments to provide instructional opportunities for 

6 displaced students who enroll in elementary schools 

7 and secondary schools (including public charter 

8 schools) served by the eligible local educational agen9 cy or enroll in the eligible BIE-funded school, re10 spectively, and for other expenses incurred as a re11 sult of the eligible local educational agency or eligi12 ble BIE-funded school serving displaced students, 

13 which uses may include the activities and services 

14 described in paragraph (3). 

15 (2) DISPLACED STUDENTS IN NONPUBLIC

16 SCHOOLS.— 

17 (A) IN GENERAL.—An eligible local edu18 cational agency that receives emergency impact 

19 aid payments under this section and that serves 

20 an area in which there is located a nonpublic 

21 school shall, at the request of the parent or 

22 guardian of a displaced student who meets the 

23 criteria described in subsection (c)(2)(A)(ii) and 

24 who enrolled in a nonpublic school (including a 

25 nonpublic charter school) in an area served by 


jlentini on DSKJ8SOYB1PROD with BILLS
30 

•S 263 IS

1 the eligible local educational agency, use such 

2 emergency impact aid payment to provide pay3 ment on a quarterly basis (but not to exceed 

4 the total amount specified in subsection 

5 (d)(2)(B) for the impacted school year) to an 

6 account on behalf of such displaced student, 

7 which payment shall be used to assist in paying 

8 for 1 or more of the activities and services de9 scribed in paragraph (3). 

10 (B) FUNDING PROHIBITION REGARDING

11 RELIGIOUS INSTRUCTION, PROSELYTIZATION, 

12 OR WORSHIP.—Payments under subparagraph 

13 (A) shall not be used for religious instruction, 

14 proselytization, or worship. 

15 (C) SECULAR, NEUTRAL, AND NONIDEO16 LOGICAL ACTIVITIES AND SERVICES.—The ac17 tivities and services provided under this para18 graph and described in paragraph (3) shall be 

19 secular, neutral, and nonideological. 

20 (D) VERIFICATION OF ENROLLMENT.—Be21 fore providing a quarterly payment to an ac22 count under subparagraph (A), the eligible local 

23 educational agency shall verify with the parent 

24 or guardian of a displaced student that such 


jlentini on DSKJ8SOYB1PROD with BILLS
31 

•S 263 IS

1 displaced student is enrolled in the nonpublic 

2 school. 

3 (3) ACTIVITIES AND SERVICES.—The activities 

4 and services referred to in paragraphs (1) and (2) 

5 are as follows: 

6 (A) Paying the compensation of personnel, 

7 including teacher aides, in schools enrolling dis8 placed students. 

9 (B) Identifying and acquiring curricular 

10 material, including the costs of providing— 

11 (i) additional classroom supplies; and 

12 (ii) mobile educational units and leas13 ing sites or spaces. 

14 (C) Basic instructional services for such 

15 students, including tutoring, mentoring, or aca16 demic counseling. 

17 (D) Reasonable transportation costs. 

18 (E) Health services (including counseling 

19 and mental health services). 

20 (F) Education and support services. 

21 (4) PROVISION OF SPECIAL EDUCATION AND

22 RELATED SERVICES.— 

23 (A) IN GENERAL.—In the case of a dis24 placed student who is eligible for and receives 

25 services under part B of the Individuals with 


jlentini on DSKJ8SOYB1PROD with BILLS
32 

•S 263 IS

1 Disabilities Education Act, any payment made 

2 on behalf of such student to an eligible local 

3 educational agency or any payment available in 

4 an account for such student, shall be used to 

5 pay the cost of providing the student with spe6 cial education and related services consistent 

7 with the Individuals with Disabilities Education 

8 Act (20 U.S.C. 1400 et seq.). 

9 (B) SPECIAL RULE.— 

10 (i) RETENTION.—Notwithstanding 

11 any other provision of this section, if an el12 igible local educational agency provides 

13 services to a displaced student attending a 

14 nonpublic school under section 612(a)(10) 

15 of the Individuals with Disabilities Edu16 cation Act, then the eligible local edu17 cational agency may retain a portion of the 

18 assistance received under this section for 

19 such student to pay the cost of providing 

20 such services. 

21 (ii) DETERMINATION OF PORTION.— 

22 (I) GUIDELINES.—Each State 

23 shall issue guidelines that specify the 

24 portion of the assistance that an eligi25 ble local educational agency in the 


jlentini on DSKJ8SOYB1PROD with BILLS
33 

•S 263 IS

1 State may retain under this subpara2 graph. Each State shall apply such 

3 guidelines in a consistent manner 

4 throughout the State. 

5 (II) DETERMINATION OF POR6 TION.—The portion specified in the 

7 guidelines shall be based on cus8 tomary costs of providing services 

9 under such section 612(a)(10) for the 

10 eligible local educational agency. 

11 (C) DEFINITION OF SPECIAL EDUCATION; 

12 RELATED SERVICES.—The terms ‘‘special edu13 cation’’ and ‘‘related services’’ have the mean14 ings given the terms in section 602 of the Indi15 viduals with Disabilities Education Act (20 

16 U.S.C. 1401). 

17 (5) CONSTRUCTION AND MAJOR RENOVATION

18 PROHIBITION.—Funds made available under this 

19 section shall neither be used for construction nor for 

20 major renovation of a school. 

21 (f) RETURN OF AID.— 

22 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR

23 ELIGIBLE BIE-FUNDED SCHOOL.—An eligible local 

24 educational agency or eligible BIE-funded school 

25 that receives an emergency impact aid payment 


jlentini on DSKJ8SOYB1PROD with BILLS
34 

•S 263 IS

1 under this section shall return to the State edu2 cational agency any payment or portion of a pay3 ment provided to the eligible local educational agen4 cy or eligible BIE-funded school, respectively, under 

5 this section that the eligible local educational agency 

6 or school, respectively, has not obligated by the end 

7 of the impacted school year in accordance with this 

8 section. 

9 (2) STATE EDUCATIONAL AGENCY.—A State 

10 educational agency that receives emergency impact 

11 aid under this section shall return to the Sec12 retary— 

13 (A) any aid provided to the State edu14 cational agency under this section that the 

15 State educational agency has not obligated by 

16 the end of the impacted school year in accord17 ance with this section; and 

18 (B) any payment or portion of a payment 

19 returned to the State educational agency under 

20 paragraph (1). 

21 (g) LIMITATION ON USE OF AID AND PAYMENTS.— 

22 Except as provided in subsection (d)(3), aid and payments 

23 provided under this section shall only be used for expenses 

24 incurred during the impacted school year. 


jlentini on DSKJ8SOYB1PROD with BILLS
35 

•S 263 IS

1 (h) ADMINISTRATIVE EXPENSES.—A State edu2 cational agency that receives emergency impact aid under 

3 this section may use not more than 1 percent of such aid 

4 for administrative expenses. An eligible local educational 

5 agency or eligible BIE-funded school that receives emer6 gency impact aid payments under this section may use not 

7 more than 2 percent of such payments for administrative 

8 expenses. 

9 (i) SPECIAL FUNDING RULE.—In calculating funding 

10 under section 8003 of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7703) for an eligible 

12 local educational agency that receives an emergency im13 pact aid payment under this section, the Secretary shall 

14 not count displaced students served by such eligible local 

15 educational agency for whom an emergency impact aid 

16 payment is received under this section, nor shall such stu17 dents be counted for the purpose of calculating the total 

18 number of children in average daily attendance at the 

19 schools served by such eligible local educational agency as 

20 provided in section 8003(b)(3)(B)(i) of such Act (20 

21 U.S.C. 7703(b)(3)(B)(i)). 

22 (j) NOTICE OF OPTION OF PUBLIC SCHOOL OR NON23 PUBLIC SCHOOL ENROLLMENT.—Each State receiving 

24 emergency impact aid under this section shall provide, to 

25 the parent or guardian of each displaced student for whom 


jlentini on DSKJ8SOYB1PROD with BILLS
36 

•S 263 IS

1 a payment is made under this section to an account who 

2 resides in such State, notification that— 

3 (1) such parent or guardian has the option of 

4 enrolling such student in a public school or a non5 public school; and 

6 (2) the temporary emergency impact aid for 

7 displaced students provided under this section is 

8 temporary and is only available for the impacted 

9 school year, except as provided in subsection (d)(3). 

10 (k) BYPASS.—For a State in which State law pro11 hibits the State from using Federal funds to directly pro12 vide services on behalf of students attending nonpublic 

13 schools and provides that another entity shall provide such 

14 services, the Secretary shall make such arrangements with 

15 that entity as the Secretary determines appropriate to 

16 carry out this section on behalf of such students. 

17 (l) REDIRECTION OF FUNDS.— 

18 (1) IN GENERAL.—If a State educational agen19 cy or eligible local educational agency is unable to 

20 carry out this section, the Secretary shall make such 

21 arrangements with the State as the Secretary deter22 mines appropriate to carry out this section on behalf 

23 of displaced students attending a nonpublic school in 

24 the area served by such agency. 


jlentini on DSKJ8SOYB1PROD with BILLS
37 

•S 263 IS

1 (2) SPECIAL RULE.—If an eligible local edu2 cational agency fails to make a payment to an ac3 count described under subsection (e)(2) not later 

4 than 14 calendar days after receipt of an emergency 

5 impact aid payment provided under this section, 

6 then— 

7 (A) the eligible local educational agency 

8 shall return the funds received that quarter for 

9 such account to the State educational agency; 

10 and 

11 (B) the State educational agency shall en12 sure that the proper payment to such account 

13 for such quarter is made not later than 14 cal14 endar days after the date of the receipt of funds 

15 under subparagraph (A), before any further 

16 funds for such account are distributed to the el17 igible local educational agency. 

18 (m) NONDISCRIMINATION.— 

19 (1) IN GENERAL.—A school that enrolls a dis20 placed student under this section shall not discrimi21 nate against students on the basis of race, color, na22 tional origin, religion, disability, or sex. 

23 (2) APPLICABILITY AND SINGLE SEX SCHOOLS, 

24 CLASSES, OR ACTIVITIES.— 


jlentini on DSKJ8SOYB1PROD with BILLS
38 

•S 263 IS

1 (A) IN GENERAL.—To the extent con2 sistent with title IX of the Education Amend3 ments of 1972 (20 U.S.C. 1681 et seq.), the 

4 prohibition of sex discrimination in paragraph 

5 (1) shall not apply to a nonpublic school that 

6 is controlled by a religious organization if the 

7 application of paragraph (1) would not be con8 sistent with the religious tenets of such organi9 zation. 

10 (B) SINGLE SEX SCHOOLS, CLASSES, OR

11 ACTIVITIES.—Notwithstanding paragraph (1) 

12 and to the extent consistent with title IX of the 

13 Education Amendments of 1972, a parent or 

14 guardian may choose and a nonpublic school 

15 may offer a single sex school, class, or activity. 

16 (C) ENROLLMENT.—The prohibition of re17 ligious discrimination in paragraph (1) shall not 

18 apply with regard to enrollment for a nonpublic 

19 school that is controlled by a religious organiza20 tion or organized and operated on the basis of 

21 religious tenets, except that the prohibition of 

22 religious discrimination shall apply with respect 

23 to the enrollment of displaced students assisted 

24 under this section. 


jlentini on DSKJ8SOYB1PROD with BILLS
39 

•S 263 IS

1 (3) GENERAL PROVISION.—Nothing in this sec2 tion shall be construed to alter or modify the provi3 sions of the Individuals with Disabilities Education 

4 Act, title VI of the Civil Rights Act of 1964 (42 

5 U.S.C. 2000d et seq.), title IX of the Education 

6 Amendments of 1972, and the Rehabilitation Act of 

7 1973 (29 U.S.C. 701 et seq.). 

8 (4) ELECTION.—A displaced student assisted 

9 under this section who is enrolled in a nonpublic 

10 school shall not participate in religious worship or 

11 religious classes at such school unless such student’s 

12 parent or guardian elects to have such student par13 ticipate in such religious worship or religious classes. 

14 (n) TREATMENT OF PAYMENT.—The amount of any 

15 payment (or other form of support provided on behalf of 

16 a displaced student) under this section shall not be treated 

17 as income of a parent or guardian of the student for pur18 poses of Federal tax laws or for determining eligibility for 

19 any other Federal program. 

20 (o) TREATMENT OF STATE AID.—A State shall not 

21 take into consideration emergency impact aid payments 

22 received under this section by an eligible local educational 

23 agency in the State in determining the eligibility of such 

24 eligible local educational agency for State aid, or the 


jlentini on DSKJ8SOYB1PROD with BILLS
40 

•S 263 IS

1 amount of State aid, with respect to free public education 

2 of children. 

3 (p) COORDINATION.—The Secretary shall coordinate 

4 with the Administrator of the Federal Emergency Man5 agement Agency to help ensure that States and local edu6 cational agencies are aware of the displaced students 

7 under their jurisdiction so that the educational needs of 

8 the displaced students are met. 

9 (q) REPORT.—The Secretary shall report to Congress 

10 on the activities carried out under this section not later 

11 than 1 year after the provision of assistance under this 

12 section, including reporting the number of displaced stu13 dents who are served under this section. 

14 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated such sums 

16 as may be necessary to carry out sections 101 and 105. 

17 TITLE II—HIGHER EDUCATION 

18 STUDENTS AND INSTITUTIONS 

19 SEC. 201. GENERAL WAIVERS AND MODIFICATIONS. 

20 (a) AUTHORITY.—Notwithstanding any other provi21 sion of law, unless enacted with specific reference to this 

22 section, the Secretary is authorized to waive or modify any 

23 statutory or regulatory provision applicable to the student 

24 financial assistance programs under title IV of the Higher 

25 Education Act of 1965 (20 U.S.C. 1070 et seq.), or any 


jlentini on DSKJ8SOYB1PROD with BILLS
41 

•S 263 IS

1 student or institutional eligibility provisions in the Higher 

2 Education Act of 1965 (20 U.S.C. 1001 et seq.), as the 

3 Secretary determines necessary for a disaster area in 

4 which a presidentially declared disaster has been declared 

5 to ensure that— 

6 (1) administrative requirements placed on af7 fected students, affected individuals, affected institu8 tions, lenders, guaranty agencies, and grantees are 

9 minimized to the extent possible without impairing 

10 the integrity of the higher education programs under 

11 the Higher Education Act of 1965 (20 U.S.C. 1001 

12 et seq.), to ease the burden on such participants; or 

13 (2) institutions of higher education, lenders, 

14 guaranty agencies, and other entities participating in 

15 the student financial assistance programs under title 

16 IV of the Higher Education Act of 1965, that serve 

17 a disaster area in which a presidentially declared 

18 disaster has been declared may be granted tem19 porary relief from requirements that are rendered 

20 infeasible or unreasonable due to the effects of a 

21 presidentially declared disaster, including due dili22 gence requirements and reporting deadlines. 

23 (b) AUTHORITY TO EXTEND OR WAIVE REPORTING

24 REQUIREMENTS UNDER SECTION 131(a).—The Secretary 

25 is authorized to extend reporting deadlines or waive reVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
42 

•S 263 IS

1 porting requirements under section 131(a) of the Higher 

2 Education Act of 1965 (20 U.S.C. 1015(a)) for an af3 fected institution. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this title 

5 shall be construed— 

6 (1) to allow the Secretary to waive or modify 

7 any applicable statutory or regulatory requirements 

8 prohibiting discrimination in a program or activity, 

9 or in employment or contracting, under existing law 

10 (in existence on the date of the Secretary’s action); 

11 or 

12 (2) to authorize any refunding of any repay13 ment of a loan. 

14 SEC. 202. TEACHER RECRUITMENT AND RETENTION. 

15 The Secretary is authorized to approve modifications 

16 to the requirements for Teacher Quality Partnership 

17 Grants under part A of title II of the Higher Education 

18 Act of 1965 (20 U.S.C. 1022 et seq.), at the request of 

19 the grantee— 

20 (1) to assist States and local educational agen21 cies to recruit and retain highly qualified teachers in 

22 a school district located in a disaster area in which 

23 a presidentially declared disaster has been declared; 

24 and 


jlentini on DSKJ8SOYB1PROD with BILLS
43 

•S 263 IS

1 (2) to assist institutions of higher education, lo2 cated in such area, to recruit and retain faculty nec3 essary to prepare teachers and provide professional 

4 development. 

5 SEC. 203. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR 

6 B OF TITLE III, AND OTHER GRANTS. 

7 (a) MODIFICATIONS OF ALLOWABLE USE OF

8 FUNDS.—The Secretary is authorized to modify the re9 quired and allowable uses of funds under chapters 1 and 

10 2 of subpart 2 of part A of title IV of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1070a–11 et seq., 1070a– 

12 21 et seq.), under part A or B of title III of such Act 

13 (20 U.S.C. 1057 et seq., 1060 et seq.), and under any 

14 other competitive grant program, at the request of an af15 fected institution or other grantee, with respect to affected 

16 institutions and other grantees located in a disaster area 

17 in which a presidentially declared disaster has been de18 clared. 

19 (b) PROHIBITION AGAINST NEW AUTHORIZATION OF

20 CONSTRUCTION, RENOVATION, OR IMPROVEMENT OF FA21 CILITIES.—The Secretary may not, under the authority of 

22 this section, authorize any new construction, renovation, 

23 or improvement of classrooms, libraries, laboratories, or 

24 other instructional facilities that is not authorized under 

25 the institution’s grant award under part A or B of title 


jlentini on DSKJ8SOYB1PROD with BILLS
44 

•S 263 IS

1 III, or under part A or B of title V, of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1057 et seq., 1060 et seq., 

3 1101 et seq., 1102 et seq.). 

4 SEC. 204. FINANCIAL AID. 

5 (a) IN GENERAL.—The Secretary may authorize fi6 nancial aid administrators to make an adjustment, in ac7 cordance with section 479A(a) of the Higher Education 

8 Act of 1965 (20 U.S.C. 1087tt(a)), with respect to the 

9 calculation of the expected student or parent contribution 

10 for an affected student, or for a student or a parent who— 

11 (1) resides or is employed in a disaster area in 

12 which a presidentially declared disaster has been de13 clared; or 

14 (2) resided or was employed in a disaster area 

15 in which a presidentially declared disaster was de16 clared on the date of the occurrence of the presi17 dentially declared disaster. 

18 (b) ADEQUATE DOCUMENTATION.—A financial aid 

19 administrator shall adequately document the need for the 

20 adjustment. 

21 SEC. 205. EXPANDING INFORMATION DISSEMINATION RE22 GARDING ELIGIBILITY FOR FEDERAL PELL 

23 GRANTS. 

24 (a) IN GENERAL.—The Secretary shall make special 

25 efforts, in conjunction with State efforts, to notify affected 


jlentini on DSKJ8SOYB1PROD with BILLS
45 

•S 263 IS

1 students and, if applicable, their parents or guardians who 

2 qualify for means-tested Federal benefit programs, of 

3 their potential eligibility for a maximum Federal Pell 

4 Grant under section 401 of the Higher Education Act of 

5 1965 (20 U.S.C. 1070a), and shall disseminate such infor6 mational materials as the Secretary determines appro7 priate. 

8 (b) MEANS-TESTED FEDERAL BENEFIT PRO9 GRAM.—For the purpose of this section, the term ‘‘means10 tested Federal benefit program’’ means a mandatory 

11 spending program of the Federal Government, other than 

12 a program under the Higher Education Act of 1965 (20 

13 U.S.C. 1001 et seq.), in which eligibility for the program’s 

14 benefits, or the amount of such benefits, are determined 

15 on the basis of income or resources of the individual or 

16 family seeking the benefit, and may include such programs 

17 as the supplemental security income program under title 

18 XVI of the Social Security Act (42 U.S.C. 1381 et seq.), 

19 the supplemental nutrition assistance program established 

20 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

21 et seq.), the school lunch program established under the 

22 Richard B. Russell National School Lunch Act (42 U.S.C. 

23 1751 et seq.), the temporary assistance for needy families 

24 program established under part A of title IV of the Social 

25 Security Act (42 U.S.C. 601 et seq.), and the special supVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
46 

•S 263 IS

1 plemental nutrition program for women, infants, and chil2 dren established by section 17 of the Child Nutrition Act 

3 of 1966 (42 U.S.C. 1786), and other programs identified 

4 by the Secretary. 

5 SEC. 206. PROCEDURES. 

6 (a) REGULATORY REQUIREMENTS INAPPLICABLE.— 

7 Sections 482(c) and 492 of the Higher Education Act of 

8 1965 (20 U.S.C. 1089(c), 1098a), section 437 of the Gen9 eral Education Provisions Act (20 U.S.C. 1232), and sec10 tion 553 of title 5, United States Code, shall not apply 

11 to this title. 

12 (b) NOTICE OF WAIVERS, MODIFICATIONS, OR EX13 TENSIONS.—Notwithstanding section 437 of the General 

14 Education Provisions Act (20 U.S.C. 1232) and section 

15 553 of title 5, United States Code, the Secretary shall 

16 make publicly available the waivers, modifications, or ex17 tensions granted under this title. 

18 (c) CASE-BY-CASE BASIS.—The Secretary is not re19 quired to exercise any waiver or modification authority 

20 under this title on a case-by-case basis. 

21 (d) REPORT.—The Secretary shall, not later than 1 

22 year after granting any waiver or modification authorized 

23 under this section, submit a report to the Committee on 

24 Health, Education, Labor, and Pensions of the Senate and 

25 the Committee on Education and the Workforce of the 


jlentini on DSKJ8SOYB1PROD with BILLS
47 

•S 263 IS

1 House of Representatives describing the waivers or modi2 fications granted. 

3 SEC. 207. DEFINITIONS. 

4 In this title: 

5 (1) AFFECTED INDIVIDUAL.—The term ‘‘af6 fected individual’’ means an individual who has ap7 plied for or received student financial assistance 

8 under title IV of the Higher Education Act of 1965, 

9 and— 

10 (A) who is an affected student; or 

11 (B) whose primary place of employment or 

12 residency is in a disaster area in which a presi13 dentially declared disaster has been declared. 

14 (2) AFFECTED INSTITUTION.— 

15 (A) IN GENERAL.—The term ‘‘affected in16 stitution’’ means an institution of higher edu17 cation that— 

18 (i) is located in a disaster area in 

19 which a presidentially declared disaster has 

20 been declared; and 

21 (ii) has temporarily ceased operations 

22 as a consequence of a presidentially de23 clared disaster, as determined by the Sec24 retary. 


jlentini on DSKJ8SOYB1PROD with BILLS
48 

•S 263 IS

1 (B) LENGTH OF TIME.—In determining 

2 eligibility for assistance under this title, the 

3 Secretary, using consistent, objective criteria, 

4 shall determine the time period for which an in5 stitution of higher education is an affected in6 stitution. 

7 (C) SPECIAL RULE.—An organizational 

8 unit of an affected institution that is not im9 pacted by the disaster that is the subject of a 

10 presidentially declared disaster may not be con11 sidered as part of such affected institution for 

12 purposes of receiving assistance under this title. 

13 (3) AFFECTED STUDENT.—The term ‘‘affected 

14 student’’ means an individual who was enrolled or 

15 accepted for enrollment at an affected institution on 

16 the date of the occurrence of the presidentially de17 clared disaster affecting such institution. 

18 (4) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’— 

20 (A) has the meaning given the term in sec21 tion 101 of the Higher Education Act of 1965 

22 (20 U.S.C. 1001); and 

23 (B) means an institution described in sub24 paragraph (A) or (B) of section 102(a)(1) of 

25 such Act (20 U.S.C. 1002(a)(1)(A), (B)). 


jlentini on DSKJ8SOYB1PROD with BILLS
49 

•S 263 IS

1 TITLE III—PREKINDERGARTEN 

2 STUDENTS, SCHOOLS, AND 

3 CHILD CARE CENTERS 

4 SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES 

5 OF THE INDIVIDUALS WITH DISABILITIES 

6 EDUCATION ACT TO FACILITATE THE PROVI7 SION OF EDUCATIONAL SERVICES TO CHIL8 DREN WITH DISABILITIES. 

9 (a) AUTHORITY.—The Secretary may enter into an 

10 agreement described in subsection (b) with an eligible enti11 ty to extend certain deadlines under the Individuals with 

12 Disabilities Education Act related to providing special 

13 education and related services, including early intervention 

14 services, to individuals adversely affected by a presi15 dentially declared disaster. 

16 (b) TERMS OF AGREEMENTS.—An agreement re17 ferred to in subsection (a) is an agreement with an eligible 

18 entity made in accordance with subsection (e) that may 

19 extend the applicable deadlines under 1 or more of the 

20 following sections: 

21 (1) Section 611(e)(3)(C)(ii) of the Individuals 

22 with Disabilities Education Act (20 U.S.C. 

23 1411(e)(3)(C)(ii)), by extending for not more than 

24 an additional 60 days, the 90 day deadline for devel25 oping a State plan for the high cost fund. 


jlentini on DSKJ8SOYB1PROD with BILLS
50 

•S 263 IS

1 (2) Section 611(e)(3)(C)(iii) of such Act (20 

2 U.S.C. 1411(e)(3)(C)(iii)), by extending for not 

3 more than an additional 60 days, the 30 day dead4 line for public availability of the final State plan. 

5 (3) Section 612(a)(15)(C) of such Act (20 

6 U.S.C. 1412(a)(15)(C)), by extending for not more 

7 than an additional 60 days, the deadline for submis8 sion of the annual report to the Secretary and the 

9 public regarding the progress of the State and of 

10 children with disabilities in the State toward meeting 

11 the performance goals established under section 

12 612(a)(15)(A) of such Act (20 U.S.C. 

13 1412(a)(15)(A)). 

14 (4) Section 612(a)(16)(D) of such Act (20 

15 U.S.C. 1412(a)(16)(D)), by extending for not more 

16 than an additional 60 days, the deadline for making 

17 available reports regarding the participation in as18 sessments and the performance on such assessments 

19 of children with disabilities, but only if the eligible 

20 entity provides a justification for similarly extending 

21 the deadline for such reports concerning children 

22 without disabilities. 

23 (5) Section 614(a)(1)(C)(i)(I) of such Act (20 

24 U.S.C. 1414(a)(1)(C)(i)(I)), by extending for not 

25 more than an additional 30 days— 


jlentini on DSKJ8SOYB1PROD with BILLS
51 

•S 263 IS

1 (A) the 60 day deadline for the initial eval2 uation to determine whether a child is a child 

3 with a disability for purposes of the provision of 

4 special education and related services to such 

5 child; or 

6 (B) the State timeframe described in such 

7 section for such evaluation. 

8 (6) Section 616(b)(2)(C)(ii)(II) of such Act (20 

9 U.S.C. 1416(b)(2)(C)(ii)(II)), by extending for not 

10 more than an additional 60 days, the deadline for 

11 reporting to the Secretary on the performance of the 

12 State under the State’s performance plan. 

13 (7) Section 641(e)(1)(D) of such Act (20 

14 U.S.C. 1441(e)(1)(D)), by extending for not more 

15 than an additional 60 days, the deadline for submis16 sion to the Governor of a State and the Secretary 

17 of the report on the status of early intervention pro18 grams for infants and toddlers with disabilities and 

19 their families operated within the State. 

20 (c) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed— 

22 (1) as permitting the waiver of— 

23 (A) any applicable Federal civil rights law; 


jlentini on DSKJ8SOYB1PROD with BILLS
52 

•S 263 IS

1 (B) any student or family privacy protec2 tions, including provisions requiring parental 

3 consent for evaluations and services; 

4 (C) any procedural safeguards required 

5 under section 615 or 639 of the Individuals 

6 with Disabilities Education Act (20 U.S.C. 

7 1415, 1439); or 

8 (D) any requirements not specified in sub9 section (b); or 

10 (2) as removing the obligation of the eligible en11 tity to provide a child with a disability or an infant 

12 or toddler with a disability and their families— 

13 (A) a free appropriate public education 

14 under part B of the Individuals with Disabil15 ities Education Act; or 

16 (B) early intervention services under part 

17 C of such Act (20 U.S.C. 1431 et seq.). 

18 (d) DURATION OF AGREEMENT.—An agreement 

19 under this section shall terminate at the conclusion of the 

20 impacted school year. 

21 (e) REQUEST TO ENTER INTO AGREEMENT.—To 

22 enter into an agreement under this section, an eligible en23 tity shall submit a request to the Secretary at such time, 

24 in such manner, and containing such information as the 

25 Secretary may require. 


jlentini on DSKJ8SOYB1PROD with BILLS
53 

•S 263 IS

1 SEC. 302. HEAD START AND CHILD CARE AND DEVELOP2 MENT BLOCK GRANT. 

3 (a) HEAD START.— 

4 (1) TECHNICAL ASSISTANCE, GUIDANCE, AND

5 RESOURCES.—From the amount made available for 

6 Head Start in this Act, the Secretary of Health and 

7 Human Services shall provide training and technical 

8 assistance, guidance, and resources through the ap9 propriate regional offices of the Administration for 

10 Children and Families (and may provide training 

11 and technical assistance, guidance, and resources 

12 through other regional offices of the Administration, 

13 at the request of such offices that administer af14 fected Head Start agencies and Early Head Start 

15 entities) to Head Start agencies and Early Head 

16 Start entities in disaster areas in which a presi17 dentially declared disaster has been declared, and to 

18 affected Head Start agencies and Early Head Start 

19 entities, to assist the agencies and entities involved 

20 to address the mental and physical health needs of 

21 infants, toddlers, and young children affected by a 

22 presidentially declared disaster. Such training and 

23 technical assistance may be provided by contract or 

24 cooperative agreement with qualified national, re25 gional, or local providers. 


jlentini on DSKJ8SOYB1PROD with BILLS
54 

•S 263 IS

1 (2) WAIVER.—For such period of not longer 

2 than 1 year after the date of the occurrence of a 

3 presidentially declared disaster, and to such extent 

4 as the Secretary considers appropriate, the Secretary 

5 of Health and Human Services— 

6 (A) may waive section 640(b) of the Head 

7 Start Act (42 U.S.C. 9835(b)) for Head Start 

8 agencies located in a disaster area in which a 

9 presidentially declared disaster has been de10 clared, and other affected Head Start agencies 

11 and Early Head Start entities; and 

12 (B) shall waive requirements of docu13 mentation for individuals adversely affected by 

14 a presidentially declared disaster who partici15 pate in a Head Start program or an Early 

16 Head Start program funded under the Head 

17 Start Act (42 U.S.C. 9831 et seq.). 

18 (b) CHILD CARE AND DEVELOPMENT BLOCK

19 GRANT.— 

20 (1) CHILD CARE AND DEVELOPMENT BLOCK

21 GRANT ACT OF 1990.—For such period of not longer 

22 than 1 year after the date of the occurrence of a 

23 presidentially declared disaster, and to such extent 

24 as the Secretary considers to be appropriate, the 

25 Secretary of Health and Human Services may waive, 


jlentini on DSKJ8SOYB1PROD with BILLS
55 

•S 263 IS

1 for any affected State, and any State serving signifi2 cant numbers of individuals adversely affected by a 

3 presidentially declared disaster, provisions of the 

4 Child Care and Development Block Grant Act of 

5 1990 (42 U.S.C. 9858 et seq.)— 

6 (A) relating to Federal income limitations 

7 on eligibility to receive child care services for 

8 which assistance is provided under such Act; 

9 (B) relating to work requirements applica10 ble to eligibility to receive child care services for 

11 which assistance is provided under such Act; 

12 (C) relating to limitations on the use of 

13 funds under section 658G of such Act (42 

14 U.S.C. 9858e); 

15 (D) preventing children designated as evac16 uees from receiving priority for child care serv17 ices provided under such Act, except that chil18 dren residing in a State and currently receiving 

19 services shall not lose such services to accom20 modate evacuee children; and 

21 (E) relating to any non-Federal or capital 

22 contribution required (including copayment or 

23 other cost sharing by parents receiving child 

24 care assistance) to match Federal funds proVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
56 

•S 263 IS

1 vided under programs administered by the Sec2 retary of Health and Human Services. 

3 (2) TECHNICAL ASSISTANCE AND GUIDANCE.— 

4 The Secretary of Health and Human Services may 

5 provide assistance to States for the purpose of pro6 viding training, technical assistance, and guidance to 

7 eligible child care providers (as defined in section 

8 658P of the Child Care and Development Block 

9 Grant Act of 1990 (42 U.S.C. 9858n)) who are li10 censed and regulated, as applicable, by the States, to 

11 enable such providers to provide child care services 

12 for children and families described in paragraph (1). 

13 Such training and technical assistance may be pro14 vided through intermediary organizations, including 

15 those with demonstrated experience in providing 

16 training and technical assistance to programs serv17 ing school-age children up to age 13, involved in re18 instituting child care services on a broad scale in 

19 disaster areas in which a presidentially declared dis20 aster has been declared. 

21 SEC. 303. DEFINITIONS. 

22 In this title: 

23 (1) AFFECTED HEAD START AGENCIES AND

24 EARLY HEAD START ENTITIES.—The term ‘‘affected 

25 Head Start agencies and Early Head Start entities’’ 


jlentini on DSKJ8SOYB1PROD with BILLS
57 

•S 263 IS

1 means a Head Start agency receiving a significant 

2 number of children from a disaster area in which a 

3 presidentially declared disaster has been declared. 

4 (2) AFFECTED STATE.—The term ‘‘affected 

5 State’’ means a State affected by a presidentially de6 clared disaster. 

7 (3) CHILD WITH A DISABILITY.—The term 

8 ‘‘child with a disability’’ has the meaning given such 

9 term in section 602(3) of the Individuals with Dis10 abilities Education Act (20 U.S.C. 1401(3)). 

11 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means— 

13 (A) a local educational agency (as defined 

14 in section 602(19) of the Individuals with Dis15 abilities Education Act (20 U.S.C. 1401(19)) if 

16 such agency serves a disaster area in which a 

17 presidentially declared disaster has been de18 clared; 

19 (B) a State educational agency (as defined 

20 in section 602(32) of such Act (20 U.S.C. 

21 1401(32)) if such agency serves a disaster area 

22 in which a presidentially declared disaster has 

23 been declared; or 

24 (C) a State interagency coordinating coun25 cil established under section 641 of such Act 


jlentini on DSKJ8SOYB1PROD with BILLS
58 

•S 263 IS

1 (20 U.S.C. 1441) if such council serves a dis2 aster area in which a presidentially declared 

3 disaster has been declared. 

4 (5) INDIVIDUAL ADVERSELY AFFECTED BY A

5 PRESIDENTIALLY DECLARED DISASTER.—The term 

6 ‘‘individual adversely affected by a presidentially de7 clared disaster’’ means an individual who, on the 

8 date of the occurrence of a presidentially declared 

9 disaster, was living, working, or attending school in 

10 such disaster area. 

11 (6) INFANT OR TODDLER WITH A DIS12 ABILITY.—The term ‘‘infant or toddler with a dis13 ability’’ has the meaning given such term in section 

14 632(5) of the Individuals with Disabilities Education 

15 Act (20 U.S.C. 1432(5)). 

16 TITLE IV—EMERGENCY PLAN17 NING FOR CHILD CARE CEN18 TERS 

19 SEC. 401. DISASTER PLANS. 

20 Each State that receives funds under the Child Care 

21 and Development Block Grant Act of 1990 (42 U.S.C. 

22 9858 et seq.) shall develop a disaster plan, as rec23 ommended by the National Commission on Children and 

24 Disasters, that includes guidelines for evacuation, reunifiVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
59 

•S 263 IS

1 cation, temporary operating standards, and special needs 

2 populations. 

3 SEC. 402. ADDRESSING CHILD CARE SERVICES AND FACILI4 TIES. 

5 The Administrator of the Federal Emergency Man6 agement Agency shall encourage States and local govern7 ments to address child care services and facilities in the 

8 State and local governments’ response and recovery plans, 

9 exercises, and training, as recommended by the National 

10 Commission on Children and Disasters. 

11 TITLE V—HEALTH CARE 

12 SERVICES FOR CHILDREN 

13 SEC. 501. MEDICAID AND CHIP DISASTER GUIDANCE. 

14 (a) GUIDANCE TO STATES.—Not later than 1 year 

15 after the date of enactment of this Act, the Secretary of 

16 Health and Human Services shall provide guidance to Di17 rectors of State Medicaid programs established under title 

18 XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 

19 and to Directors of State Children’s Health Insurance 

20 Programs (commonly referred to as ‘‘CHIP’’) established 

21 under title XXI of that Act (42 U.S.C. 1397aa et seq.) 

22 regarding the requirements under section 1902(a)(16) of 

23 the Social Security Act (42 U.S.C. 1396a(a)(16)), relating 

24 to the furnishing of medical assistance to individuals who 

25 are residents of the State but are absent therefrom, and 


jlentini on DSKJ8SOYB1PROD with BILLS
60 

•S 263 IS

1 the application of such requirements to CHIP programs 

2 under subparagraph (B) of section 2107(e)(1) of such Act 

3 (42 U.S.C. 1397gg(e)(1) (as added by subsection (d))). 

4 (b) STATE GUIDANCE TO PROVIDERS.—Based on the 

5 guidance provided pursuant to subsection (a), each State, 

6 as a condition of receipt of Federal payments under sec7 tion 1903(a) of the Social Security Act (42 U.S.C. 

8 1396b(a)), shall develop and disseminate to providers of 

9 items and services for which payment is available under 

10 the State’s Medicaid or CHIP program, disaster guidance 

11 for such providers to ensure continued access to health 

12 care items and services under the Medicaid and CHIP pro13 grams for low-income children affected by a major disaster 

14 and displaced from their home State. Such guidance shall 

15 be entitled ‘‘Disaster Guidance for Medicaid and CHIP 

16 Providers’’ and shall include a description of the proce17 dures established by the State to facilitate the furnishing 

18 of health care services to children (as defined for purposes 

19 of the State Medicaid and CHIP programs, respectively) 

20 who are present in the State and are eligible for medical 

21 assistance under the Medicaid program of another State 

22 or child health assistance under the CHIP program of an23 other State. To the extent practicable, the guidance devel24 oped and disseminated pursuant to this subsection shall 

25 include the model process for the coordination of the enVerDate Mar 15 2010 21:57 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263

jlentini on DSKJ8SOYB1PROD with BILLS
61 

•S 263 IS

1 rollment, retention, and coverage under such programs of 

2 children who, because of migration of families, emergency 

3 evacuations, natural or other disasters, public health 

4 emergencies, educational needs, or otherwise, frequently 

5 change their State of residency or otherwise are tempo6 rarily located outside of the State of their residency re7 quired by section 213 of the Children’s Health Insurance 

8 Program Reauthorization Act of 2009 (42 U.S.C. 1396 

9 note). 

10 (c) REPORT TO CONGRESS.—Not later than 6 

11 months after the date on which every State with a Med12 icaid or CHIP program has developed the Disaster Guid13 ance for Medicaid and CHIP Providers required under 

14 subsection (b), the Secretary of Health and Human Serv15 ices shall submit to Congress a report on the guidance 

16 developed by States for providers under such programs, 

17 including information regarding the State procedures in 

18 effect to facilitate the furnishing of health care services 

19 to children who are present in the State and are eligible 

20 for medical assistance under the Medicaid program of an21 other State or child health assistance under the CHIP pro22 gram of another State. 

23 (d) CONFORMING AMENDMENTS.—Section 

24 2107(e)(1) of the Social Security Act (42 U.S.C. 

25 1397gg(e)(1)) is amended— 


jlentini on DSKJ8SOYB1PROD with BILLS
62 

•S 263 IS

1 (1) by redesignating subparagraphs (B) 

2 through (O) as subparagraphs (C) through (P), re3 spectively; and 

4 (2) by inserting after subparagraph (A), the fol5 lowing: 

6 ‘‘(B) Section 1902(a)(16) (relating to the 

7 furnishing of medical assistance to individuals 

8 who are residents of the State but are absent 

9 therefrom).’’. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS