II 

111TH CONGRESS 

1ST SESSION S. 2898 

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

of a presidentially declared disaster. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2009 

Ms. LANDRIEU (for herself and Mr. ALEXANDER) 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 2010’’. 

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. 

Sec. 6. Authorization of Appropriations. 


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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. 

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 


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

3 (2) IMPACTED SCHOOL YEAR.—The term ‘‘im4 pacted school year’’ means the school year in which 

5 a presidentially declared disaster occurs. 

6 (3) MAJOR DISASTER.—The term ‘‘major dis7 aster’’ has the meaning given the term under section 

8 102 of the Robert T. Stafford Disaster Relief and 

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

10 (4) NONPUBLIC SCHOOL.—The term ‘‘nonpublic 

11 school’’ means a nonpublic school that— 

12 (A) provides elementary or secondary edu13 cation, as determined under State law; 

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

15 operates in accordance with State law; and 

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

17 which a presidentially declared disaster has oc18 curred. 

19 (5) PRESIDENTIALLY DECLARED DISASTER.— 

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

21 major disaster that the President declared to exist, 

22 in accordance with section 401 of the Robert T. 

23 Stafford Disaster Relief and Emergency Assistance 

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


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1 (6) SECRETARY.—The term ‘‘Secretary’’, unless 

2 otherwise specified, means the Secretary of Edu3 cation. 

4 SEC. 4. TRIGGER. 

5 (a) MANDATORY ACTIVATION.—Notwithstanding any 

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

7 a program or activity under title I, II, or III, and the Sec8 retary of Health and Human Services shall carry out a 

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

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

11 or private elementary schools or secondary schools in 

12 the State are displaced from their schools for more 

13 than 60 days by a presidentially declared disaster; 

14 (2) the Secretary or the Secretary of Health 

15 and Human Services, respectively, elects to carry out 

16 the program or activity; and 

17 (3) the Governor or chief executive officer of 

18 the State requests that the Secretary or the Sec19 retary of Health and Human Services, respectively, 

20 carry out the program or activity. 

21 (b) DISCRETIONARY ACTIVATION.—The Secretary 

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

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

24 carry out a program or activity under title III. 


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1 SEC. 5. WAIVERS OR MODIFICATIONS APPLICABLE TO TI2 TLES I, II, AND III. 

3 The Secretary may waive or modify any requirement 

4 of Federal law or regulation, other than a law or regula5 tion regarding civil rights or safety, that the Secretary de6 termines is necessary in order to provide assistance under 

7 titles I, II, and III, whether with funds appropriated under 

8 this Act or otherwise, as efficiently and expeditiously as 

9 possible, to individuals or entities affected directly or indi10 rectly by a presidentially declared disaster. 

11 TITLE I—KINDERGARTEN 

12 THROUGH GRADE 12 STU13 DENTS AND SCHOOLS 

14 SEC. 101. IMMEDIATE AID TO RESTART SCHOOL OPER15 ATIONS. 

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

17 (1) to provide immediate and direct assistance 

18 to local educational agencies and nonpublic schools 

19 that serve a disaster area in which a presidentially 

20 declared disaster has been declared; 

21 (2) to assist school district administrators, and 

22 personnel of such local educational agencies or non23 public schools, who are working to restart operations 

24 in schools that provide elementary or secondary edu25 cation and are served by such local educational 

26 agencies and nonpublic schools, respectively; and 


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1 (3) to facilitate the reopening of schools that 

2 provide elementary and secondary education and are 

3 served by such local educational agencies and non4 public schools, and to facilitate the reenrollment of 

5 students in such schools as soon as possible. 

6 (b) GRANTS AND SUBGRANTS AUTHORIZED.—From 

7 amounts appropriated under section 106, the Secretary is 

8 authorized to award grants to State educational agencies 

9 to enable the State educational agencies to award sub10 grants to local educational agencies or nonpublic schools 

11 serving disaster areas in which a presidentially declared 

12 disaster has been declared to enable such local educational 

13 agencies and nonpublic schools, respectively, to provide 

14 educational services or assistance described in subsection 

15 (e). 

16 (c) SUBGRANT FUNDING CONSIDERATIONS; EQ17 UITY.— 

18 (1) SUBGRANT FUNDING CONSIDERATIONS.—In 

19 determining whether to award a subgrant under this 

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

21 educational agency shall consider the following: 

22 (A) The number of school-aged children 

23 served by the local educational agency or non24 public school in the academic year preceding 


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1 the academic year for which the subgrant is 

2 awarded. 

3 (B) The severity of the impact of the presi4 dentially declared disaster on the local edu5 cational agency or nonpublic school and the ex6 tent of the needs in each local educational agen7 cy or nonpublic school that serves a disaster 

8 area in which a presidentially declared disaster 

9 has been declared. 

10 (2) EQUITY.—Educational services and assist11 ance that are described in subsection (e) and pro12 vided for nonpublic school students under this sec13 tion shall be equitable in comparison to the edu14 cational services and assistance provided for public 

15 school students under this section, and shall be pro16 vided in a timely manner. 

17 (d) APPLICATIONS.—Each local educational agency 

18 or nonpublic school desiring a subgrant under this section 

19 shall submit an application to the State educational agen20 cy at such time, in such manner, and accompanied by such 

21 information as the State educational agency may reason22 ably require to ensure expedited and timely payment to 

23 the local educational agency or nonpublic school. 

24 (e) USES OF FUNDS.— 


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

2 or nonpublic school receiving a subgrant under this 

3 section shall use the subgrant funds for— 

4 (A) recovery of student and personnel 

5 data, and other electronic information; 

6 (B) replacement of school district informa7 tion systems, including hardware and software; 

8 (C) financial operations; 

9 (D) reasonable transportation costs; 

10 (E) rental of mobile educational units and 

11 leasing of neutral sites or spaces; 

12 (F) initial replacement of instructional ma13 terials and equipment, including textbooks; 

14 (G) redeveloping instructional plans, in15 cluding curriculum development; 

16 (H) initiating and maintaining education 

17 and support services; and 

18 (I) such other activities related to the pur19 pose of this section that are approved by the 

20 Secretary. 

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

22 local educational agency or nonpublic school receiv23 ing a subgrant under this section may use the 

24 subgrant funds in coordination with other Federal, 


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1 State, or local funds available for the activities de2 scribed in paragraph (1). 

3 (3) PROHIBITIONS.—Subgrant funds received 

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

5 following: 

6 (A) Construction or major renovation of 

7 schools. 

8 (B) Payments to school administrators or 

9 teachers who are not actively engaged in re10 starting or re-opening schools. 

11 (4) SPECIAL RULE.—Educational services or as12 sistance provided under this section, including equip13 ment and materials, shall be secular, neutral, and 

14 nonideological. 

15 (f) SUPPLEMENT NOT SUPPLANT.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2) and notwithstanding section 104, funds 

18 made available under this section shall be used to 

19 supplement, not supplant, any funds made available 

20 through the Federal Emergency Management Agen21 cy or through a State. 

22 (2) EXCEPTION.—Paragraph (1) shall not pro23 hibit the provision of Federal assistance under this 

24 section to a State educational agency, local edu25 cational agency, or nonpublic school that is or may 


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1 be entitled to receive, from another source, benefits 

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

3 (A) such State educational agency, local 

4 educational agency, or nonpublic school has not 

5 received such other benefits by the time of ap6 plication for Federal assistance under this sec7 tion; and 

8 (B) such State educational agency, local 

9 educational agency, or nonpublic school agrees 

10 to repay all duplicative Federal assistance re11 ceived to carry out the purposes of this section. 

12 (g) ASSISTANCE TO NONPUBLIC SCHOOLS.— 

13 (1) FUNDS AVAILABILITY.—From the grant 

14 funds provided by the Secretary under subsection (b) 

15 to a State educational agency, the State educational 

16 agency shall reserve an amount of the grant funds, 

17 to be made available to nonpublic schools in the 

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

19 same relation to the grant funds as the number of 

20 nonpublic schools providing elementary and sec21 ondary education in the State bears to the total 

22 number of nonpublic schools and public elementary 

23 schools and secondary schools in the State. The 

24 number of such schools shall be determined by the 

25 National Center for Education Statistics Common 


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1 Core of Data for the year preceding the year for 

2 which the presidentially declared disaster has oc3 curred. Such funds shall be used for the provision of 

4 educational services or assistance at nonpublic 

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

6 (2) SPECIAL RULE.—If funds made available 

7 under paragraph (1) remain unobligated 120 days 

8 after the date of enactment of this Act, such funds 

9 may be used to provide educational services or as10 sistance under this section to other local educational 

11 agencies or nonpublic schools serving disaster areas 

12 in which a presidentially declared disaster has been 

13 declared. 

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

15 of funds for the educational services and assistance 

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

17 and title to materials, equipment, and property pur18 chased with such funds, shall be in a public agency, 

19 and a public agency shall administer such funds, 

20 materials, equipment, and property and shall provide 

21 such services (or may contract for the provision of 

22 such services with a public or private entity). 


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1 SEC. 102. HOLD HARMLESS FOR LOCAL EDUCATIONAL 

2 AGENCIES SERVING DISASTER AREAS. 

3 Notwithstanding any other provision of law, in the 

4 case of a local educational agency that serves a disaster 

5 area in which the President has declared that a presi6 dentially declared disaster exists, the Secretary shall en7 sure that the amount made available for such local edu8 cational agency under each of sections 1124, 1124A, 

9 1125, and 1125A of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 

11 6337) for the second fiscal year following the fiscal year 

12 in which the presidentially declared disaster is declared 

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

14 local educational agency under each of such sections for 

15 the fiscal year in which the presidentially declared disaster 

16 is declared. 

17 SEC. 103. TEACHER AND PARAPROFESSIONAL RECI18 PROCITY. 

19 (a) AFFECTED TEACHER RECIPROCITY.— 

20 (1) DEFINITION OF AFFECTED TEACHER.—In 

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

22 a teacher who is displaced due to a presidentially de23 clared disaster and relocates to a State that is dif24 ferent from the State in which such teacher resided 

25 or worked on the date of the occurrence of the presi26 dentially declared disaster. 


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1 (2) RECIPROCITY.—A local educational agency 

2 may consider an affected teacher hired by such local 

3 educational agency who is not highly qualified in the 

4 State in which such agency is located to be highly 

5 qualified, for purposes of section 1119 of the Ele6 mentary and Secondary Education Act of 1965 (20 

7 U.S.C. 6319) and section 612(a)(14) of the Individ8 uals with Disabilities Education Act (20 U.S.C. 

9 1412(a)(14)), respectively, for the school year in 

10 which the presidentially declared disaster has oc11 curred and through the succeeding school year, if 

12 such affected teacher was highly qualified, consistent 

13 with section 9101(23) of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 7801(23)) 

15 and section 602(10) of the Individuals with Disabil16 ities Education Act (20 U.S.C. 1401(10)), respec17 tively, on the date of the occurrence of a presi18 dentially declared disaster, in the State in which 

19 such teacher resided or worked on the date of the 

20 occurrence of a presidentially declared disaster. 

21 (b) AFFECTED PARAPROFESSIONAL RECIPROCITY.— 

22 (1) DEFINITION OF AFFECTED PARAPROFES23 SIONAL.—In this subsection, the term ‘‘affected 

24 paraprofessional’’ means a paraprofessional who is 

25 displaced due to a presidentially declared disaster 


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1 and relocates to a State that is different from the 

2 State in which such paraprofessional resided or 

3 worked on the date of the occurrence of the presi4 dentially declared disaster. 

5 (2) RECIPROCITY.—A local educational agency 

6 may consider an affected paraprofessional hired by 

7 such local educational agency who does not satisfy 

8 the requirements of section 1119(c) of the Elemen9 tary and Secondary Education Act of 1965 (20 

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

11 is located to satisfy such requirements, for purposes 

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

13 presidentially declared disaster has occurred and 

14 through the succeeding school year, if such affected 

15 paraprofessional satisfied such requirements on the 

16 date of the occurrence of a presidentially declared 

17 disaster, in the State in which such paraprofessional 

18 resided or worked on the date of the occurrence of 

19 a presidentially declared disaster. 

20 SEC. 104. REGULATORY AND FINANCIAL RELIEF. 

21 (a) WAIVER AUTHORITY.—Subject to subsections (b) 

22 and (c), in providing any grant or other assistance, di23 rectly or indirectly, to an entity in a State affected by a 

24 presidentially declared disaster, the Secretary may, as apVerDate Nov 24 2008 00:00 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2898.IS S2898

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1 plicable, waive or modify, in order to ease fiscal burdens, 

2 any requirement of Federal law relating to the following: 

3 (1) Maintenance of effort. 

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

5 not supplant, non-Federal funds. 

6 (3) Any non-Federal share or capital contribu7 tion required to match Federal funds provided under 

8 programs administered by the Secretary. 

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

10 for the impacted school year. 

11 (c) LIMITATIONS.— 

12 (1) RELATION TO IDEA.—Nothing in this sec13 tion shall be construed to waive or modify any provi14 sion of the Individuals with Disabilities Education 

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

16 (2) MAINTENANCE OF EFFORT.—If the Sec17 retary grants a waiver or modification under this 

18 section waiving or modifying a requirement relating 

19 to maintenance of effort for an impacted fiscal year, 

20 the level of effort required for the school year fol21 lowing the impacted school year shall not be reduced 

22 because of the waiver or modification. 

23 SEC. 105. TEMPORARY EMERGENCY IMPACT AID FOR DIS24 PLACED STUDENTS. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) DISPLACED STUDENT.—The term ‘‘dis2 placed student’’ means a student— 

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

4 impacted by a presidentially declared disaster; 

5 or 

6 (ii) whose parent resided or worked in an 

7 area impacted by a presidentially declared dis8 aster; and 

9 (B) who enrolled in another school as a re10 sult of a presidentially declared disaster. 

11 (2) ELIGIBLE LOCAL EDUCATIONAL AGEN12 CIES.—The term ‘‘eligible local educational agency’’ 

13 means a local educational agency that serves— 

14 (A) an elementary school or secondary 

15 school (including a public charter school) in 

16 which there is enrolled a displaced student; or 

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

18 nonpublic school. 

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

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

21 by the Bureau of Indian Education in which there 

22 is enrolled a displaced student. 

23 (b) TEMPORARY EMERGENCY IMPACT AID AUTHOR24 IZED.— 


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1 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

2 From amounts appropriated under section 106, the 

3 Secretary shall provide emergency impact aid to 

4 State educational agencies to enable the State edu5 cational agencies to make emergency impact aid pay6 ments to eligible local educational agencies and eligi7 ble BIE-funded schools to enable— 

8 (A) such eligible local educational agencies 

9 and eligible BIE-funded schools to provide for 

10 the instruction of displaced students served by 

11 such eligible local educational agencies and eli12 gible BIE-funded schools; and 

13 (B) such eligible local educational agencies 

14 to make immediate impact aid payments to ac15 counts established on behalf of displaced stu16 dents (referred to in this section as ‘‘accounts’’) 

17 who are attending nonpublic schools located in 

18 the areas served by the eligible local educational 

19 agencies. 

20 (2) AID TO LOCAL EDUCATIONAL AGENCIES

21 AND BIE-FUNDED SCHOOLS.—A State educational 

22 agency shall make emergency impact aid payments 

23 to eligible local educational agencies and eligible 

24 BIE-funded schools in accordance with subsection 

25 (d). 


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1 (3) STATE EDUCATIONAL AGENCIES IN CER2 TAIN STATES.—The State educational agency shall 

3 carry out the activities of eligible local educational 

4 agencies that are unable to carry out this section, in5 cluding eligible local educational agencies in a State 

6 for which the State exercises the authorities nor7 mally exercised by such local educational agencies. 

8 (4) NOTICE OF FUNDS AVAILABILITY.—Not 

9 later than 14 calendar days after the date of enact10 ment of this Act, the Secretary shall publish in the 

11 Federal Register a notice of the availability of funds 

12 under this section. 

13 (c) APPLICATION.— 

14 (1) STATE EDUCATIONAL AGENCY.—A State 

15 educational agency that desires to receive emergency 

16 impact aid under this section shall submit an appli17 cation to the Secretary at such time, in such man18 ner, and accompanied by such information as the 

19 Secretary may reasonably require, including— 

20 (A) information on the total displaced stu21 dent count of the State provided by eligible 

22 local educational agencies in the State and eligi23 ble BIE-funded schools in the State under 

24 paragraph (2); 


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1 (B) a description of the process for the 

2 parent or guardian of a displaced student en3 rolled in a nonpublic school to indicate to the 

4 eligible local educational agency serving the 

5 area in which the nonpublic school is located 

6 that the student is enrolled in the nonpublic 

7 school; 

8 (C) a description of the procedure to be 

9 used by an eligible local educational agency in 

10 such State to provide payments to accounts; 

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

12 by an eligible local educational agency in such 

13 State to obtain— 

14 (i) attestations of attendance of dis15 placed students from nonpublic schools, in 

16 order for the local educational agency to 

17 provide payments to accounts on behalf of 

18 displaced students; and 

19 (ii) attestations from nonpublic 

20 schools that accounts are used only for the 

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

22 (E) the criteria, including family income, 

23 used to determine the eligibility for and the 

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1 vided on behalf of a displaced student attending 

2 a nonpublic school; and 

3 (F) the number of displaced students who 

4 attend nonpublic schools in the State. 

5 (2) LOCAL EDUCATIONAL AGENCIES AND BIE6 FUNDED SCHOOLS.—An eligible local educational 

7 agency or eligible BIE-funded school that desires an 

8 emergency impact aid payment under this section 

9 shall submit an application to the State educational 

10 agency at such time, in such manner, and accom11 panied by such information as the State educational 

12 agency may reasonably require, including docu13 mentation submitted quarterly for the impacted 

14 school year that indicates the following: 

15 (A) ELIGIBLE LOCAL EDUCATIONAL AGEN16 CIES.—In the case of an eligible local edu17 cational agency— 

18 (i) the number of displaced students 

19 enrolled in the elementary schools and sec20 ondary schools (including public charter 

21 schools and including the number of dis22 placed students who are identified as eligi23 ble for and receive services under part B of 

24 the Individuals with Disabilities Education 

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


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1 such eligible local educational agency for 

2 such quarter; 

3 (ii) the number of displaced students 

4 for whom the eligible local educational 

5 agency expects to provide payments to ac6 counts under subsection (e)(2) (including 

7 the number of displaced students who are 

8 identified as eligible for and receive serv9 ices under part B of the Individuals with 

10 Disabilities Education Act) for such quar11 ter who meet the following criteria: 

12 (I) The displaced student en13 rolled in a nonpublic school prior to 

14 the occurrence of a presidentially de15 clared disaster. 

16 (II) The parent or guardian of 

17 the displaced student chose to enroll 

18 the student in the nonpublic school in 

19 which the student is enrolled. 

20 (III) The parent or guardian of 

21 the displaced student submitted an 

22 application requesting that the eligible 

23 local educational agency make a pay24 ment to an account on behalf of the 

25 student. 


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1 (IV) The displaced student’s tui2 tion and fees (and transportation ex3 penses, if any) for the impacted school 

4 year is waived or reimbursed (by the 

5 nonpublic school) in an amount that 

6 is not less than the amount of emer7 gency impact aid payment provided on 

8 behalf of such student under this sec9 tion; and 

10 (iii) an assurance that the eligible 

11 local educational agency will make pay12 ments to accounts described in subsection 

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

14 after receipt of an emergency impact aid 

15 payment provided under this section. 

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

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

18 number of displaced students, including the 

19 number of displaced students who are identified 

20 as eligible for and receive services under part B 

21 of the Individuals with Disabilities Education 

22 Act, enrolled in the eligible BIE-funded school 

23 for such quarter. 

24 (3) DETERMINATION OF NUMBER OF DIS25 PLACED STUDENTS.—In determining the number of 


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1 displaced students for a quarter under paragraph 

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

3 BIE-funded school shall include in such number the 

4 number of displaced students served during the 

5 quarter prior to the occurrence of a presidentially 

6 declared disaster. 

7 (d) AMOUNT AND DURATION OF EMERGENCY IM8 PACT AID.— 

9 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

10 (A) IN GENERAL.—The amount of emer11 gency impact aid received by a State edu12 cational agency for the impacted school year 

13 shall equal the sum of— 

14 (i) the number of displaced students 

15 (who are not identified as eligible for and 

16 do not receive services under part B of the 

17 Individuals with Disabilities Education 

18 Act), as determined by the eligible local 

19 educational agencies and eligible BIE20 funded schools in the State under sub21 section (c)(2), multiplied by the average 

22 per-pupil expenditure in the State for the 

23 most recent fiscal year for which such in24 formation is available; and 


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1 (ii) the number of displaced students 

2 who are identified as eligible for and re3 ceive services under part B of the Individ4 uals with Disabilities Education Act, as de5 termined by the eligible local educational 

6 agencies and eligible BIE-funded schools in 

7 the State under subsection (c)(2), multi8 plied by 140 percent of the average per9 pupil expenditure in the State for the most 

10 recent fiscal year for which such informa11 tion is available. 

12 (B) INSUFFICIENT FUNDS.—If the amount 

13 available under this section to provide emer14 gency impact aid under this subsection is insuf15 ficient to pay the full amount that a State edu16 cational agency is eligible to receive under this 

17 section, then the Secretary shall ratably reduce 

18 the amount of such emergency impact aid. 

19 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

20 AGENCIES AND ELIGIBLE BIE-FUNDED SCHOOLS.— 

21 (A) QUARTERLY INSTALLMENTS.— 

22 (i) IN GENERAL.—A State educational 

23 agency shall provide emergency impact aid 

24 payments under this section on a quarterly 

25 basis for the impacted school year by such 


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1 dates as determined by the Secretary. Such 

2 quarterly installment payments shall be 

3 based on the number of displaced students 

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

5 amount determined under clause (ii). 

6 (ii) PAYMENT AMOUNT.—Each quar7 terly installment payment under clause (i) 

8 shall equal 25 percent of the sum of— 

9 (I) the number of displaced stu10 dents (who are not identified as eligi11 ble for and do not receive services 

12 under part B of the Individuals with 

13 Disabilities Education Act) reported 

14 by the eligible local educational agen15 cy or eligible BIE funded school for 

16 such quarter (as determined under 

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

18 average per-pupil expenditure in the 

19 State for the most recent fiscal year 

20 for which such information is avail21 able; and 

22 (II) the number of displaced stu23 dents who are identified as eligible for 

24 and receive services under part B of 

25 the Individuals with Disabilities EduVerDate Nov 24 2008 00:00 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2898.IS S2898

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1 cation Act reported by the eligible 

2 local educational agency or eligible 

3 BIE-funded school for such quarter 

4 (as determined under subsection 

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

6 the average per-pupil expenditure in 

7 the State for the most recent fiscal 

8 year for which such information is 

9 available. 

10 (iii) TIMELINE.—The Secretary shall 

11 establish a timeline for quarterly reporting 

12 on the number of displaced students in 

13 order to make the appropriate disburse14 ments in a timely manner. 

15 (iv) INSUFFICIENT FUNDS.—If, for 

16 any quarter, the amount available under 

17 this section to make payments under this 

18 subsection is insufficient to pay the full 

19 amount that an eligible local educational 

20 agency or eligible BIE-funded school is eli21 gible to receive under this section, then the 

22 State educational agency shall ratably re23 duce the amount of such payments. 

24 (B) MAXIMUM PAYMENT TO ACCOUNT.—In 

25 providing quarterly payments to an account for 


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1 the impacted school year on behalf of a dis2 placed student for each quarter that such stu3 dent is enrolled in a nonpublic school in the 

4 area served by an eligible local educational 

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

6 educational agency may provide not more than 

7 4 quarterly payments to such account, and the 

8 aggregate amount of such payments shall not 

9 exceed the lesser of— 

10 (i)(I) in the case of a displaced stu11 dent who is not identified as eligible for 

12 and does not receive services under part B 

13 of the Individuals with Disabilities Edu14 cation Act, the average per-pupil expendi15 ture in the State for the most recent fiscal 

16 year for which such information is avail17 able; or 

18 (II) in the case of a displaced student 

19 who is identified as eligible for and receives 

20 services under part B of the Individuals 

21 with Disabilities Education Act, 140 per22 cent of the average per-pupil expenditure 

23 in the State for the most recent fiscal year 

24 for which such information is available; 

25 and 


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

2 transportation expenses, if any) at the 

3 nonpublic school for the impacted school 

4 year. 

5 (3) DURATION EXTENSION.—The Secretary 

6 may provide emergency impact aid under this sec7 tion, in whole or in part, for 1 school year subse8 quent to the impacted school year if the President 

9 determines such provision of assistance is appro10 priate, subject to the availability of appropriations. 

11 (e) USE OF FUNDS.— 

12 (1) DISPLACED STUDENTS IN PUBLIC

13 SCHOOLS.—An eligible local educational agency or 

14 eligible BIE-funded school receiving emergency im15 pact aid payments under this section shall use the 

16 payments to provide instructional opportunities for 

17 displaced students who enroll in elementary schools 

18 and secondary schools (including public charter 

19 schools) served by the eligible local educational agen20 cy or enroll in the eligible BIE-funded school, re21 spectively, and for other expenses incurred as a re22 sult of the eligible local educational agency or eligi23 ble BIE-funded school serving displaced students, 

24 which uses may include the activities and services 

25 described in paragraph (3). 


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1 (2) DISPLACED STUDENTS IN NONPUBLIC

2 SCHOOLS.— 

3 (A) IN GENERAL.—An eligible local edu4 cational agency that receives emergency impact 

5 aid payments under this section and that serves 

6 an area in which there is located a nonpublic 

7 school shall, at the request of the parent or 

8 guardian of a displaced student who meets the 

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

10 who enrolled in a nonpublic school (including a 

11 nonpublic charter school) in an area served by 

12 the eligible local educational agency, use such 

13 emergency impact aid payment to provide pay14 ment on a quarterly basis (but not to exceed 

15 the total amount specified in subsection 

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

17 account on behalf of such displaced student, 

18 which payment shall be used to assist in paying 

19 for 1 or more of the activities and services de20 scribed in paragraph (3). 

21 (B) FUNDING PROHIBITION REGARDING

22 RELIGIOUS INSTRUCTION, PROSELYTIZATION, 

23 OR WORSHIP.—Payments under subparagraph 

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

25 proselytization, or worship. 


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1 (C) SECULAR, NEUTRAL, AND NONIDEO2 LOGICAL ACTIVITIES AND SERVICES.—The ac3 tivities and services provided under this para4 graph and described in paragraph (3) shall be 

5 secular, neutral, and nonideological. 

6 (D) VERIFICATION OF ENROLLMENT.—Be7 fore providing a quarterly payment to an ac8 count under subparagraph (A), the eligible local 

9 educational agency shall verify with the parent 

10 or guardian of a displaced student that such 

11 displaced student is enrolled in the nonpublic 

12 school. 

13 (3) ACTIVITIES AND SERVICES.—The activities 

14 and services referred to in paragraphs (2) and (3) 

15 are as follows: 

16 (A) Paying the compensation of personnel, 

17 including teacher aides, in schools enrolling dis18 placed students. 

19 (B) Identifying and acquiring curricular 

20 material, including the costs of providing— 

21 (i) additional classroom supplies; and 

22 (ii) mobile educational units and leas23 ing sites or spaces. 


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1 (C) Basic instructional services for such 

2 students, including tutoring, mentoring, or aca3 demic counseling. 

4 (D) Reasonable transportation costs. 

5 (E) Health services (including counseling 

6 and mental health services). 

7 (F) Education and support services. 

8 (4) PROVISION OF SPECIAL EDUCATION AND

9 RELATED SERVICES.— 

10 (A) IN GENERAL.—In the case of a dis11 placed student who is eligible for and receives 

12 under part B of the Individuals with Disabil13 ities Education Act, any payment made on be14 half of such student to an eligible local edu15 cational agency or any payment available in an 

16 account for such student, shall be used to pay 

17 the cost of providing the student with special 

18 education and related services consistent with 

19 the Individuals with Disabilities Education Act 

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

21 (B) SPECIAL RULE.— 

22 (i) RETENTION.—Notwithstanding 

23 any other provision of this section, if an el24 igible local educational agency provides 

25 services to a displaced student attending a 


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

2 of the Individuals with Disabilities Edu3 cation Act, then the eligible local edu4 cational agency may retain a portion of the 

5 assistance received under this section for 

6 such student to pay the cost of providing 

7 such services. 

8 (ii) DETERMINATION OF PORTION.— 

9 (I) GUIDELINES.—Each State 

10 shall issue guidelines that specify the 

11 portion of the assistance that an eligi12 ble local educational agency in the 

13 State may retain under this subpara14 graph. Each State shall apply such 

15 guidelines in a consistent manner 

16 throughout the State. 

17 (II) DETERMINATION OF POR18 TION.—The portion specified in the 

19 guidelines shall be based on cus20 tomary costs of providing services 

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

22 eligible local educational agency. 

23 (C) DEFINITION OF SPECIAL EDUCATION; 

24 RELATED SERVICES.—The terms ‘‘special edu25 cation’’ and ‘‘related services’’ have the meanVerDate Nov 24 2008 00:00 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2898.IS S2898

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1 ings given the terms in section 602 of the Indi2 viduals with Disabilities Education Act (20 

3 U.S.C. 1401). 

4 (5) CONSTRUCTION AND MAJOR RENOVATION

5 PROHIBITION.—Funds made available under this 

6 section shall neither be used for construction nor for 

7 major renovation of a school. 

8 (f) RETURN OF AID.— 

9 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR

10 ELIGIBLE BIE-FUNDED SCHOOL.—An eligible local 

11 educational agency or eligible BIE-funded school 

12 that receives an emergency impact aid payment 

13 under this section shall return to the State edu14 cational agency any payment or portion of a pay15 ment provided to the eligible local educational agen16 cy or eligible BIE-funded school, respectively, under 

17 this section that the eligible local educational agency 

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

19 of the impacted school year in accordance with this 

20 section. 

21 (2) STATE EDUCATIONAL AGENCY.—A State 

22 educational agency that receives emergency impact 

23 aid under this section, shall return to the Sec24 retary— 


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1 (A) any aid provided to the State edu2 cational agency under this section that the 

3 State educational agency has not obligated by 

4 the end of the impacted school year in accord5 ance with this section; and 

6 (B) any payment or portion of a payment 

7 returned to the State educational agency under 

8 paragraph (1). 

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

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

11 provided under this section shall only be used for expenses 

12 incurred during the impacted school year. 

13 (h) ADMINISTRATIVE EXPENSES.—A State edu14 cational agency that receives emergency impact aid under 

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

16 for administrative expenses. An eligible local educational 

17 agency or eligible BIE-funded school that receives emer18 gency impact aid payments under this section may use not 

19 more than 2 percent of such payments for administrative 

20 expenses. 

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

22 under section 8003 of the Elementary and Secondary 

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

24 local educational agency that receives an emergency im25 pact aid payment under this section, the Secretary shall 


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1 not count displaced students served by such eligible local 

2 educational agency for whom an emergency impact aid 

3 payment is received under this section, nor shall such stu4 dents be counted for the purpose of calculating the total 

5 number of children in average daily attendance at the 

6 schools served by such eligible local educational agency as 

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

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

9 (j) NOTICE OF OPTION OF PUBLIC SCHOOL OR NON10 PUBLIC SCHOOL ENROLLMENT.—Each State receiving 

11 emergency impact aid under this section shall provide, to 

12 the parent or guardian of each displaced student for whom 

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

14 resides in such State, notification that— 

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

16 enrolling such student in a public school or a non17 public school; and 

18 (2) the temporary emergency impact aid for 

19 displaced students provided under this section is 

20 temporary and is only available for the impacted 

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

22 (k) BYPASS.—For a State in which State law pro23 hibits the State from using Federal funds to directly pro24 vide services on behalf of students attending nonpublic 

25 schools and provides that another entity shall provide such 


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1 services, the Secretary shall make such arrangements with 

2 that entity as the Secretary determines appropriate to 

3 carry out this section on behalf of such students. 

4 (l) REDIRECTION OF FUNDS.— 

5 (1) IN GENERAL.—If a State educational agen6 cy or eligible local educational agency is unable to 

7 carry out this section, the Secretary shall make such 

8 arrangements with the State as the Secretary deter9 mines appropriate to carry out this section on behalf 

10 of displaced students attending a nonpublic school in 

11 the area served by such agency. 

12 (2) SPECIAL RULE.—If an eligible local edu13 cational agency fails to make a payment to an ac14 count described under subsection (e)(2) not later 

15 than 14 calendar days after receipt of an emergency 

16 impact aid payment provided under this section, 

17 then— 

18 (A) the eligible local educational agency 

19 shall return the funds received that quarter for 

20 such account to the State educational agency; 

21 and 

22 (B) the State educational agency shall en23 sure that the proper payment to such account 

24 for such quarter is made not later than 14 cal25 endar days after the date of the receipt of funds 


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1 under subparagraph (A), before any further 

2 funds for such account are distributed to the el3 igible local educational agency. 

4 (m) NONDISCRIMINATION.— 

5 (1) IN GENERAL.—A school that enrolls a dis6 placed student under this section shall not discrimi7 nate against students on the basis of race, color, na8 tional origin, religion, disability, or sex. 

9 (2) APPLICABILITY AND SINGLE SEX SCHOOLS, 

10 CLASSES, OR ACTIVITIES.— 

11 (A) IN GENERAL.—To the extent con12 sistent with title IX of the Education Amend13 ments of 1972 (20 U.S.C. 1681 et seq.), the 

14 prohibition of sex discrimination in paragraph 

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

16 is controlled by a religious organization if the 

17 application of paragraph (1) would not be con18 sistent with the religious tenets of such organi19 zation. 

20 (B) SINGLE SEX SCHOOLS, CLASSES, OR

21 ACTIVITIES.—Notwithstanding paragraph (1) 

22 and to the extent consistent with title IX of the 

23 Education Amendments of 1972, a parent or 

24 guardian may choose and a nonpublic school 

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


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1 (C) ENROLLMENT.—The prohibition of re2 ligious discrimination in paragraph (1) shall not 

3 apply with regard to enrollment for a nonpublic 

4 school that is controlled by a religious organiza5 tion or organized and operated on the basis of 

6 religious tenets, except that the prohibition of 

7 religious discrimination shall apply with respect 

8 to the enrollment of displaced students assisted 

9 under this section. 

10 (3) GENERAL PROVISION.—Nothing in this sec11 tion shall be construed to alter or modify the provi12 sions of the Individuals with Disabilities Education 

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

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

15 Amendments of 1972, and the Rehabilitation Act of 

16 1973 (29 U.S.C. 701 et seq.). 

17 (4) ELECTION.—A displaced student assisted 

18 under this section who is enrolled in a nonpublic 

19 school shall not participate in religious worship or 

20 religious classes at such school unless such student’s 

21 parent or guardian elects to have such student par22 ticipate in such religious worship or religious classes. 

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

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

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


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•S 2898 IS

1 as income of a parent or guardian of the student for pur2 poses of Federal tax laws or for determining eligibility for 

3 any other Federal program. 

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

5 take into consideration emergency impact aid payments 

6 received under this section by an eligible local educational 

7 agency in the State in determining the eligibility of such 

8 eligible local educational agency for State aid, or the 

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

10 of children. 

11 (p) COORDINATION.—The Secretary shall coordinate 

12 with the Administrator of the Federal Emergency Man13 agement Agency to help ensure that States and local edu14 cational agencies are aware of the displaced students 

15 under their jurisdiction so that the educational needs of 

16 the displaced students are met. 

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

18 on the activities carried out under this section not later 

19 than 1 year after the provision of assistance under this 

20 section, including reporting the number of displaced stu21 dents who are served under this section. 

22 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

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


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1 TITLE II—HIGHER EDUCATION 

2 STUDENTS AND INSTITUTIONS 

3 SEC. 201. GENERAL WAIVERS AND MODIFICATIONS. 

4 (a) AUTHORITY.—Notwithstanding any other provi5 sion of law, unless enacted with specific reference to this 

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

7 statutory or regulatory provision applicable to the student 

8 financial assistance programs under title IV of the Higher 

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

10 student or institutional eligibility provisions in the Higher 

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

12 Secretary determines necessary for a disaster area in 

13 which a presidentially declared disaster has been declared 

14 to ensure that— 

15 (1) administrative requirements placed on af16 fected students, affected individuals, affected institu17 tions, lenders, guaranty agencies, and grantees are 

18 minimized to the extent possible without impairing 

19 the integrity of the higher education programs under 

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

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

22 (2) institutions of higher education, lenders, 

23 guaranty agencies, and other entities participating in 

24 the student financial assistance programs under title 

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


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1 a disaster area in which a presidentially declared 

2 disaster has been declared may be granted tem3 porary relief from requirements that are rendered 

4 infeasible or unreasonable due to the effects of a 

5 presidentially declared disaster, including due dili6 gence requirements and reporting deadlines. 

7 (b) AUTHORITY TO EXTEND OR WAIVE REPORTING

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

9 is authorized to extend reporting deadlines or waive re10 porting requirements under section 131(a) of the Higher 

11 Education Act of 1965 (20 U.S.C. 1015(a)) for an af12 fected institution. 

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

14 shall be construed— 

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

16 any applicable statutory or regulatory requirements 

17 prohibiting discrimination in a program or activity, 

18 or in employment or contracting, under existing law 

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

20 or 

21 (2) to authorize any refunding of any repay22 ment of a loan. 

23 SEC. 202. TEACHER RECRUITMENT AND RETENTION. 

24 The Secretary is authorized to approve modifications 

25 to the requirements for Teacher Quality Partnership 


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

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

3 the grantee— 

4 (1) to assist States and local educational agen5 cies to recruit and retain highly qualified teachers in 

6 a school district located in a disaster area in which 

7 a presidentially declared disaster has been declared; 

8 and 

9 (2) to assist institutions of higher education, lo10 cated in such area, to recruit and retain faculty nec11 essary to prepare teachers and provide professional 

12 development. 

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

14 B OF TITLE III, AND OTHER GRANTS. 

15 (a) MODIFICATIONS OF ALLOWABLE USE OF

16 FUNDS.—The Secretary is authorized to modify the re17 quired and allowable uses of funds under chapters 1 and 

18 2 of subpart 2 of part A of title IV of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1070a–11 et seq., 1070a– 

20 21 et seq.), under part A or B of title III of such Act 

21 (20 U.S.C. 1057 et seq., 1060 et seq.), and under any 

22 other competitive grant program, at the request of an af23 fected institution or other grantee, with respect to affected 

24 institutions and other grantees located in a disaster area 


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1 in which a presidentially declared disaster has been de2 clared. 

3 (b) PROHIBITION AGAINST NEW AUTHORIZATION OF

4 CONSTRUCTION, RENOVATION, OR IMPROVEMENT OF FA5 CILITIES.—The Secretary may not, under the authority of 

6 this section, authorize any new construction, renovation, 

7 or improvement of classrooms, libraries, laboratories, or 

8 other instructional facilities that is not authorized under 

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

10 III, or under part A or B of title V, of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1057 et seq., 1060 et seq., 

12 1101 et seq., 1102 et seq.). 

13 SEC. 204. FINANCIAL AID. 

14 (a) IN GENERAL.—The Secretary may authorize fi15 nancial aid administrators to make an adjustment, in ac16 cordance with section 479A(a) of the Higher Education 

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

18 calculation of the expected student or parent contribution 

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

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

21 which a presidentially declared disaster has been de22 clared; or 

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

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1 clared on the date of the occurrence of the presi2 dentially declared disaster. 

3 (b) ADEQUATE DOCUMENTATION.—A financial aid 

4 administrator shall adequately document the need for the 

5 adjustment. 

6 SEC. 205. EXPANDING INFORMATION DISSEMINATION RE7 GARDING ELIGIBILITY FOR FEDERAL PELL 

8 GRANTS. 

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

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

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

12 qualify for means-tested Federal benefit programs, of 

13 their potential eligibility for a maximum Federal Pell 

14 Grant, and shall disseminate such informational materials 

15 as the Secretary determines appropriate. 

16 (b) MEANS-TESTED FEDERAL BENEFIT PRO17 GRAM.—For the purpose of this section, the term ‘‘means18 tested Federal benefit program’’ means a mandatory 

19 spending program of the Federal Government, other than 

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

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

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

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

24 family seeking the benefit, and may include such programs 

25 as the supplemental security income program under title 


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

2 the supplemental nutrition assistance program established 

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

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

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

6 1751 et seq.), the temporary assistance for needy families 

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

8 Security Act (42 U.S.C. 601 et seq.), and the special sup9 plemental nutrition program for women, infants, and chil10 dren established by section 17 of the Child Nutrition Act 

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

12 by the Secretary. 

13 SEC. 206. PROCEDURES. 

14 (a) REGULATORY REQUIREMENTS INAPPLICABLE.— 

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

16 1965 (20 U.S.C. 1089(c), 1098a), section 437 of the Gen17 eral Education Provisions Act (20 U.S.C. 1232), and sec18 tion 553 of title 5, United States Code, shall not apply 

19 to this title. 

20 (b) NOTICE OF WAIVERS, MODIFICATIONS, OR EX21 TENSIONS.—Notwithstanding section 437 of the General 

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

23 553 of title 5, United States Code, the Secretary shall 

24 make publicly available the waivers, modifications, or ex25 tensions granted under this title. 


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1 (c) CASE-BY-CASE BASIS.—The Secretary is not re2 quired to exercise any waiver or modification authority 

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

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

5 year after granting any waiver or modification authorized 

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

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

8 the Committee on Education and Labor of the House of 

9 Representatives describing the waivers or modifications 

10 granted. 

11 SEC. 207. DEFINITIONS. 

12 In this title: 

13 (1) AFFECTED INDIVIDUAL.—The term ‘‘af14 fected individual’’ means an individual who has ap15 plied for or received student financial assistance 

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

17 and— 

18 (A) who is an affected student; or 

19 (B) whose primary place of employment or 

20 residency is in a disaster area in which a presi21 dentially declared disaster has been declared. 

22 (2) AFFECTED INSTITUTION.— 

23 (A) IN GENERAL.—The term ‘‘affected in24 stitution’’ means an institution of higher edu25 cation that— 


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1 (i) is located in a disaster area in 

2 which a presidentially declared disaster has 

3 been declared; and 

4 (ii) has temporarily ceased operations 

5 as a consequence of a presidentially de6 clared disaster, as determined by the Sec7 retary. 

8 (B) LENGTH OF TIME.—In determining 

9 eligibility for assistance under this title, the 

10 Secretary, using consistent, objective criteria, 

11 shall determine the time period for which an in12 stitution of higher education is an affected in13 stitution. 

14 (C) SPECIAL RULE.—An organizational 

15 unit of an affected institution that is not im16 pacted by the disaster that is the subject of a 

17 presidentially declared disaster may not be con18 sidered as part of such affected institution for 

19 purposes of receiving assistance under this title. 

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

21 student’’ means an individual who was enrolled or 

22 accepted for enrollment at an affected institution on 

23 the date of the occurrence of the presidentially de24 clared disaster affecting such institution. 


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1 (4) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’— 

3 (A) has the meaning given the term in sec4 tion 101 of the Higher Education Act of 1965 

5 (20 U.S.C. 1001); and 

6 (B) means an institution described in sub7 paragraph (A) or (B) of section 102(a)(1) of 

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

9 TITLE III—PREKINDERGARTEN 

10 STUDENTS, SCHOOLS, AND 

11 CHILD CARE CENTERS 

12 SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES 

13 OF THE INDIVIDUALS WITH DISABILITIES 

14 EDUCATION ACT TO FACILITATE THE PROVI15 SION OF EDUCATIONAL SERVICES TO CHIL16 DREN WITH DISABILITIES. 

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

18 agreement described in subsection (b) with an eligible enti19 ty to extend certain deadlines under the Individuals with 

20 Disabilities Education Act related to providing special 

21 education and related services, including early intervention 

22 services, to individuals adversely affected by a presi23 dentially declared disaster. 

24 (b) TERMS OF AGREEMENTS.—An agreement re25 ferred to in subsection (a) is an agreement with an eligible 


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

2 extend the applicable deadlines under 1 or more of the 

3 following sections: 

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

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

6 1411(e)(3)(C)(ii)), by extending for not more than 

7 an additional 60 days, the 90 day deadline for devel8 oping a State plan for the high cost fund. 

9 (2) Section 611(e)(3)(C)(iii) of the Individuals 

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

11 1411(e)(3)(C)(iii)), by extending for not more than 

12 an additional 60 days, the 30 day deadline for public 

13 availability of the final State plan. 

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

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

16 than an additional 60 days, the deadline for submis17 sion of the annual report to the Secretary and the 

18 public regarding the progress of the State and of 

19 children with disabilities in the State toward meeting 

20 the performance goals established under section 

21 612(a)(15)(A) of such Act (20 U.S.C. 

22 1412(a)(15)(A)). 

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

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

25 than an additional 60 days, the deadline for making 


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1 available reports regarding the participation in as2 sessments and the performance on such assessments 

3 of children with disabilities, but only if the eligible 

4 entity provides a justification for similarly extending 

5 the deadline for such reports concerning children 

6 without disabilities. 

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

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

9 more than an additional 30 days— 

10 (A) the 60 day deadline for the initial eval11 uation to determine whether a child is a child 

12 with a disability for purposes of the provision of 

13 special education and related services to such 

14 child; or 

15 (B) the State timeframe described in such 

16 section for such evaluation. 

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

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

19 more than an additional 60 days, the deadline for 

20 reporting to the Secretary on the performance of the 

21 State under the State’s performance plan. 

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

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

24 than an additional 60 days, the deadline for submis25 sion to the Governor of a State and the Secretary 


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1 of the report on the status of early intervention pro2 grams for infants and toddlers with disabilities and 

3 their families operated within the State. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed— 

6 (1) as permitting the waiver of— 

7 (A) any applicable Federal civil rights law; 

8 (B) any student or family privacy protec9 tions, including provisions requiring parental 

10 consent for evaluations and services; 

11 (C) any procedural safeguards required 

12 under section 615 or section 639 of the Individ13 uals with Disabilities Education Act (20 U.S.C. 

14 1415, 1439); or 

15 (D) any requirements not specified in sub16 section (b); or 

17 (2) as removing the obligation of the eligible en18 tity to provide a child with a disability or an infant 

19 or toddler with a disability and their families— 

20 (A) a free appropriate public education 

21 under part B of the Individuals with Disabil22 ities Education Act; or 

23 (B) early intervention services under part 

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


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1 (d) DURATION OF AGREEMENT.—An agreement 

2 under this section shall terminate at the conclusion of the 

3 impacted school year. 

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

5 enter into an agreement under this section, an eligible en6 tity shall submit a request to the Secretary at such time, 

7 in such manner, and containing such information as the 

8 Secretary may require. 

9 SEC. 302. HEAD START AND CHILD CARE AND DEVELOP10 MENT BLOCK GRANT. 

11 (a) HEAD START.— 

12 (1) TECHNICAL ASSISTANCE, GUIDANCE, AND

13 RESOURCES.—From the amount made available for 

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

15 Human Services shall provide training and technical 

16 assistance, guidance, and resources through the ap17 propriate regional offices of the Administration for 

18 Children and Families (and may provide training 

19 and technical assistance, guidance, and resources 

20 through other regional offices of the Administration, 

21 at the request of such offices that administer af22 fected Head Start agencies and Early Head Start 

23 entities) to Head Start agencies and Early Head 

24 Start entities in disaster areas in which a presi25 dentially declared disaster has been declared, and to 


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1 affected Head Start agencies and Early Head Start 

2 entities, to assist the agencies and entities involved 

3 to address the mental and physical health needs of 

4 infants, toddlers, and young children affected by a 

5 presidentially declared disaster. Such training and 

6 technical assistance may be provided by contract or 

7 cooperative agreement with qualified national, re8 gional, or local providers. 

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

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

11 presidentially declared disaster, and to such extent 

12 as the Secretary considers appropriate, the Secretary 

13 of Health and Human Services— 

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

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

16 agencies located in a disaster area in which a 

17 presidentially declared disaster has been de18 clared, and other affected Head Start agencies 

19 and Early Head Start entities; and 

20 (B) shall waive requirements of docu21 mentation for individuals adversely affected by 

22 a presidentially declared disaster who partici23 pate in a Head Start program or an Early 

24 Head Start program funded under the Head 

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


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1 (b) CHILD CARE AND DEVELOPMENT BLOCK

2 GRANT.— 

3 (1) CHILD CARE AND DEVELOPMENT BLOCK

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

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

6 presidentially declared disaster, and to such extent 

7 as the Secretary considers to be appropriate, the 

8 Secretary of Health and Human Services may waive, 

9 for any affected State, and any State serving signifi10 cant numbers of individuals adversely affected by a 

11 presidentially declared disaster, provisions of the 

12 Child Care and Development Block Grant Act of 

13 1990 (42 U.S.C. 9858 et seq.)— 

14 (A) relating to Federal income limitations 

15 on eligibility to receive child care services for 

16 which assistance is provided under such Act; 

17 (B) relating to work requirements applica18 ble to eligibility to receive child care services for 

19 which assistance is provided under such Act; 

20 (C) relating to limitations on the use of 

21 funds under section 658G of such Act (42 

22 U.S.C. 9858e); 

23 (D) preventing children designated as evac24 uees from receiving priority for child care serv25 ices provided under such Act, except that chilVerDate Nov 24 2008 00:00 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2898.IS S2898

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1 dren residing in a State and currently receiving 

2 services shall not lose such services to accom3 modate evacuee children; and 

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

5 contribution required (including copayment or 

6 other cost sharing by parents receiving child 

7 care assistance) to match Federal funds pro8 vided under programs administered by the Sec9 retary of Health and Human Services. 

10 (2) TECHNICAL ASSISTANCE AND GUIDANCE.— 

11 The Secretary may provide assistance to States for 

12 the purpose of providing training, technical assist13 ance, and guidance to eligible child care providers 

14 (as defined in section 658P of the Child Care and 

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

16 9858n)) who are licensed and regulated, as applica17 ble, by the States, to enable such providers to pro18 vide child care services for children and families de19 scribed in paragraph (1). Such training and tech20 nical assistance may be provided through inter21 mediary organizations, including those with dem22 onstrated experience in providing training and tech23 nical assistance to programs serving school-age chil24 dren up to age 13, involved in reinstituting child 

25 care services on a broad scale in disaster areas in 


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1 which a presidentially declared disaster has been de2 clared. 

3 SEC. 303. DEFINITIONS. 

4 In this title: 

5 (1) AFFECTED HEAD START AGENCIES AND

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

7 Head Start agencies and Early Head Start entities’’ 

8 means a Head Start agency receiving a significant 

9 number of children from a disaster area in which a 

10 presidentially declared disaster has been declared. 

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

12 State’’ means a State affected by a presidentially de13 clared disaster. 

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

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

16 term in section 602(3) of the Individuals with Dis17 abilities Education Act (20 U.S.C. 1401(3)). 

18 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means— 

20 (A) a local educational agency (as defined 

21 in section 602(19) of the Individuals with Dis22 abilities Education Act (20 U.S.C. 1401(19)) if 

23 such agency serves a disaster area in which a 

24 presidentially declared disaster has been de25 clared; 


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1 (B) a State educational agency (as defined 

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

3 1401(32)) if such agency serves a disaster area 

4 in which a presidentially declared disaster has 

5 been declared; or 

6 (C) a State interagency coordinating coun7 cil established under section 641 of such Act 

8 (20 U.S.C. 1441) if such council serves a dis9 aster area in which a presidentially declared 

10 disaster has been declared. 

11 (5) INDIVIDUAL ADVERSELY AFFECTED BY A

12 PRESIDENTIALLY DECLARED DISASTER.—The term 

13 ‘‘individual adversely affected by a presidentially de14 clared disaster’’ means an individual who, on the 

15 date of the occurrence of a presidentially declared 

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

17 such disaster area. 

18 (6) INFANT OR TODDLER WITH A DIS19 ABILITY.—The term ‘‘infant or toddler with a dis20 ability’’ has the meaning given such term in section 

21 632(5) of the Individuals with Disabilities Education 

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


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1 TITLE IV—EMERGENCY PLAN2 NING FOR CHILD CARE CEN3 TERS 

4 SEC. 401. DISASTER PLANS. 

5 Each State that receives funds under the Child Care 

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

7 9858 et seq.) shall develop a disaster plan, as rec8 ommended by the National Commission on Children and 

9 Disasters, that includes guidelines for evacuation, reunifi10 cation, temporary operating standards, and special needs 

11 populations. 

12 SEC. 402. ADDRESSING CHILD CARE SERVICES AND FACILI13 TIES. 

14 The Administrator of the Federal Emergency Man15 agement Agency shall encourage States and local govern16 ments to address child care services and facilities in the 

17 State and local governments’ response and recovery plans, 

18 exercises, and training, as recommended by the National 

19 Commission on Children and Disasters. 

20 TITLE V—HEALTH CARE 

21 SERVICES FOR CHILDREN 

22 SEC. 501. MEDICAID AND CHIP DISASTER GUIDANCE. 

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

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

25 Health and Human Services shall provide guidance to DiVerDate Nov 24 2008 00:00 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2898.IS S2898

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1 rectors of State Medicaid programs established under title 

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

3 and to Directors of State Children’s Health Insurance 

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

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

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

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

8 to the furnishing of medical assistance to individuals who 

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

10 the application of such requirements to CHIP programs 

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

12 (42 U.S.C. 1397gg(e)(1) (as added by subsection (d))). 

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

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

15 as a condition of receipt of Federal payments under sec16 tion 1903(a) of the Social Security Act (42 U.S.C. 

17 1396b(a)), shall develop and disseminate to providers of 

18 items and services for which payment is available under 

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

20 for such providers to ensure continued access to health 

21 care items and services under the Medicaid and CHIP pro22 grams for low-income children affected by a major disaster 

23 and displaced from their home State. Such guidance shall 

24 be entitled ‘‘Disaster Guidance for Medicaid and CHIP 

25 Providers’’ and shall include a description of the proceVerDate Nov 24 2008 00:00 Dec 23, 2009 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S2898.IS S2898

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1 dures established by the State to facilitate the furnishing 

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

3 of the State Medicaid and CHIP programs, respectively) 

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

5 assistance under the Medicaid program of another State 

6 or child health assistance under the CHIP program of an7 other State. To the extent practicable, the guidance devel8 oped and disseminated pursuant to this subsection shall 

9 include the model process for the coordination of the en10 rollment, retention, and coverage under such programs of 

11 children who, because of migration of families, emergency 

12 evacuations, natural or other disasters, public health 

13 emergencies, educational needs, or otherwise, frequently 

14 change their State of residency or otherwise are tempo15 rarily located outside of the State of their residency re16 quired by section 213 of the Children’s Health Insurance 

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

18 note). 

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

20 months after the date on which every State with a Med21 icaid or CHIP program has developed the Disaster Guid22 ance for Medicaid and CHIP Providers required under 

23 subsection (b), the Secretary of Health and Human Serv24 ices shall submit to Congress a report on the guidance 

25 developed by States for providers under such programs, 


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1 including information regarding the State procedures in 

2 effect to facilitate the furnishing of health care services 

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

4 for medical assistance under the Medicaid program of an5 other State or child health assistance under the CHIP pro6 gram of another State. 

7 (d) CONFORMING AMENDMENTS.—Section 

8 2107(e)(1) of the Social Security Act (42 U.S.C. 

9 1397gg(e)(1)), is amended— 

10 (1) by redesignating subparagraphs (B) 

11 through (L) as subparagraphs (C) through (M), re12 spectively; and 

13 (2) by inserting after subparagraph (A), the fol14 lowing: 

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

16 furnishing of medical assistance to individuals 

17 who are residents of the State but are absent 

18 therefrom).’’. 

Æ 


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