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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alexis Agin Identity Theft 
Protection Act of 2013''.

SEC. 2. LIMITATION ON DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR 
              MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.

    (a) In General.--Section 205(r) of the Social Security Act (42 
U.S.C. 405(r)) is amended--
            (1) in paragraph (2), by inserting ``, and to ensure 
        completeness, timeliness, and accuracy of,'' after 
        ``transmitting'';
            (2) by striking paragraph (3) and inserting the following:
    ``(3) The Commissioner of Social Security shall, to the extent 
feasible, provide for the use of information regarding deceased 
individuals furnished to or maintained by the Commissioner, subject to 
such safeguards as the Commissioner of Social Security determines are 
necessary or appropriate to protect the information from unauthorized 
use or disclosure, to any Federal or State agency providing or 
administering Federally funded benefits to individuals, other than 
benefits under this Act, through a cooperative arrangement with such 
agency designed to ensure proper payment of those benefits with respect 
to such individuals if--
            ``(A) under such arrangement the agency provides 
        reimbursement to the Commissioner of Social Security for the 
        reasonable costs of carrying out such arrangement, including 
        the reasonable costs associated with the collection and 
        maintenance of information regarding deceased individuals 
        furnished to the Commissioner pursuant to paragraph (1); and
            ``(B) such arrangement does not conflict with the duties of 
        the Commissioner of Social Security under paragraph (1).'';
            (3) in paragraph (4), by inserting ``or in benefit and 
        pension plans for employees of the States or local 
        governments'' after ``by the States'';
            (4) by striking paragraph (5) and inserting the following:
    ``(5)(A) The Commissioner of Social Security may use or provide for 
the use of information regarding deceased individuals furnished to or 
maintained by the Commissioner, subject to such safeguards as the 
Commissioner of Social Security determines are necessary or appropriate 
to protect the information from unauthorized use or disclosure, 
provided the requirements of subparagraphs (A) and (B) of paragraph (3) 
are met and such information is provided--
            ``(i) to any Federal agency through a cooperative agreement 
        with such agency for the purpose of law enforcement or tax 
        administration; or
            ``(ii) for statistical and research activities conducted by 
        Federal and State agencies.
    ``(B) A Federal or State agency may disclose death information 
obtained from the Commissioner to a contractor for the purposes of 
assisting with such law enforcement, tax administration, or statistical 
and research activities, provided that the agency ensures, at a 
minimum, that the contractor fulfills the requirements of clauses (ii) 
and (iv) of paragraph (7)(E).'';
            (5) by striking paragraph (7) and inserting the following:
    ``(7)(A) For purposes of this paragraph, death information shall 
consist of information regarding deceased individuals maintained by the 
Commissioner of Social Security, except for information furnished to or 
maintained by the Commissioner pursuant to paragraphs (1) or (2), and 
the death information to be provided shall consist only of the name, 
social security number, date of birth, and date of death of a deceased 
individual.''
    ``(B) The Commissioner may disclose death information under this 
paragraph to the Secretary of Defense provided that--
            ``(i) the Secretary uses the information provided solely 
        for the purpose of assisting in the identification of 
        unidentified remains, and
            ``(ii) the Secretary enforces requirements similar to those 
        in clauses (i), (ii), (iv), (v), (vi), and (vii) with respect 
        to any contractor the Secretary hires to assist in such 
        identifications.
    ``(C) The Commissioner of Social Security may disclose death 
information, except for information furnished to or maintained by the 
Commissioner of Social Security pursuant to paragraphs (1) or (2), 
provided the requirements of this paragraph and the requirements of 
subparagraphs (A) and (B) of paragraph (3) are met.
    ``(D) The Commissioner may disclose--
            ``(i) to any entity, information maintained by the 
        Commissioner concerning individuals whose date of death 
        occurred at least 3 calendar years prior to the year that the 
        entity requests such information pursuant to a written 
        agreement; and
            ``(ii) to any entity `certified' by the Commissioner under 
        subparagraph (E), information maintained by the Commissioner 
        concerning individuals whose date of death does not satisfy the 
        requirements of clause (i), pursuant to a written agreement 
        between the Commissioner and the entity.
    ``(E) For purposes of this paragraph an entity is `certified' only 
if the Commissioner--
            ``(i) establishes procedures to certify and decertify 
        entities eligible to obtain such information;
            ``(ii) includes in the agreement with such an entity 
        provisions to require such entity to safeguard the information 
        provided, assure that the information is used only for the 
        purpose which was the basis for the certification, assure that 
        the information is not disclosed by the entity to any other 
        entity, and include contractual penalties, including monetary 
        penalties and loss of certification, for the violation of any 
        requirements imposed by the Commissioner as a condition of 
        receiving the information;
            ``(iii) requires that the entity demonstrate that--
                    ``(I) it has a legitimate business need for the 
                information, which shall include a requirement that the 
                information regarding a deceased individual will aid in 
                preventing financial harm to the entity or to a 
                customer or client of the entity or will aid in 
                permitting the entity to fulfill an obligation to a 
                beneficiary of an individual that is contingent upon 
                the death of such individual; or
                    ``(II) it has a legitimate interest in preventing 
                fraud or unauthorized financial transactions;
            ``(iv) requires that the entity demonstrate that it has 
        infrastructure and procedures in place to prevent wrongful 
        access to or the disclosure of information provided by the 
        Commissioner;
            ``(v) determines that the entity has adequate experience 
        and expertise in maintaining the confidentiality and security 
        of information;
            ``(vi) includes such other requirements and restrictions as 
        the Commissioner deems appropriate to assure the 
        confidentiality of the information; and
            ``(vii) requires that the entity permit periodic and 
        unscheduled audits of the entity to assure compliance with the 
        requirements established by the Commissioner.
    ``(F) The Commissioner shall establish application and other fees 
to be paid by entities seeking to be certified or to maintain 
certification under this paragraph so that the Commissioner is fully 
reimbursed for all costs associated with development of the 
certification process, evaluating applications, auditing compliance 
with the requirements established by the Commissioner, inspecting 
records and assuring compliance with contract requirements, and any 
other costs associated with assuring continuing eligibility for 
certification under this paragraph.
    ``(G) For purposes of this paragraph, the terms `entity' or 
`entities' includes `individual' and `individuals' respectively.
    ``(H) The Commissioner may delegate any of the activities under 
this paragraph to another agency and may perform any activity through a 
contractor, provided that the delegation or contract requires such 
agency or contractor to comply with all requirements of this section 
and of the implementing policies developed by the Commissioner.'';
            (6) by adding at the end the following new paragraph:
    ``(10) Information related to a deceased individual received by the 
Commissioner of Social Security other than as described in paragraph 
(1) shall be treated for purposes of paragraph (6) in the same manner 
as information received as described in paragraph (1).''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act and each year thereafter through 2019, the Commissioner of 
Social Security shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representatives a 
report describing the entities certified by the Commissioner under 
section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7)) 
during the preceding year and their compliance with the requirements of 
subparagraph (E) of such section.
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section take effect on the date that is 
        60 days after the date of the enactment of this Act.
            (2) Exception.--The amendment made by subsection (a)(6) 
        shall take effect on January 1, 2014.
    (d) Sunset.--Subparagraphs (C) through (H) of section 205(r)(7) of 
the Social Security Act (42 U.S.C. 405(r)(7)) (as amended by subsection 
(a)) shall cease to be effective on January 1, 2019, except that--
            (1) clauses (ii) and (iv) of subparagraph (E) of such 
        section shall continue to apply for purposes of section 
        205(r)(5)(B) of such Act (42 U.S.C. 405(r)(5)(B)) (as amended 
        by subsection (a)).
Alexis Agin Identity Theft Protection Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the treatment of death information furnished to or maintained by the Social Security Administration (SSA). Authorizes the Commissioner of Social Security to use or provide such information to federal and state agencies for statistical and research activities or to any federal agency for law enforcement or tax administration purposes. Authorizes disclosure of such information by: (1) federal and state agencies to contractors to assist with similar activities, (2) the Commissioner to entities concerning certain individuals who died more than three years earlier as well as to entities certified by the Commissioner, and (3) the Commissioner to the Secretary of Defense (DOD) to assist in the identification of remains. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Fair Treatment Act of 
1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Performance measures.
Sec. 202. Grace period for correction of violations of Environmental 
                            Protection Agency regulations.
Sec. 203. Waiver of punitive fines for small entities.

      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

SEC. 101. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Compliance guide.--The term ``compliance guide'' means 
        a publication made by a covered agency under section 102(a).
            (2) Covered agency.--The term ``covered agency'' means any 
        agency that, on the date of enactment of this Act, has 
        promulgated any rule for which a regulatory flexibility 
        analysis was required under section 605 of title 5, United 
        States Code, and any other agency that promulgates any such 
        rule, as of the date of enactment of this Act.
            (3) No action letter.--The term ``no action letter'' means 
        a written determination from a covered agency stating that, 
        based on a no action request submitted to the agency by a small 
        entity, the agency will not take enforcement action against the 
        small entity under the rules of the covered agency.
            (4) No action request.--The term ``no action request'' 
        means a written correspondence submitted by a small entity to a 
        covered agency--
                    (A) stating a set of facts; and
                    (B) requesting a determination by the agency of 
                whether the agency would take an enforcement action 
                against the small entity based on such facts and the 
                application of any rule of the agency.
            (5) Rule.--The term ``rule'' has the same meaning as in 
        section 601(2) of title 5, United States Code.
            (6) Small entity.--The term ``small entity'' has the same 
        meaning as in section 601(6) of title 5, United States Code.
            (7) Small business concern.--The term ``small business 
        concern'' has the same meaning as in section 3 of the Small 
        Business Act.
            (8) Voluntary self-audit.--The term ``voluntary self-
        audit'' means an audit, assessment, or review of any operation, 
        practice, or condition of a small entity that--
                    (A) is initiated by an officer, employee, or agent 
                of the small entity; and
                    (B) is not required by law.

SEC. 102. COMPLIANCE GUIDES.

    (a) Compliance Guide.--
            (1) Publication.--If a covered agency is required to 
        prepare a regulatory flexibility analysis for a rule or group 
        of related rules under section 603 of title 5, United States 
        Code, the agency shall publish a compliance guide for such rule 
        or group of related rules.
            (2) Requirements.--Each compliance guide published under 
        paragraph (1) shall--
                    (A) contain a summary description of the rule or 
                group of related rules;
                    (B) contain a citation to the location of the 
                complete rule or group of related rules in the Federal 
                Register;
                    (C) provide notice to small entities of the 
                requirements under the rule or group of related rules 
                and explain the actions that a small entity is required 
                to take to comply with the rule or group of related 
                rules;
                    (D) be written in a manner to be understood by the 
                average owner or manager of a small entity; and
                    (E) be updated as required to reflect changes in 
                the rule.
    (b) Dissemination.--
            (1) In general.--Each covered agency shall establish a 
        system to ensure that compliance guides required under this 
        section are published, disseminated, and made easily available 
        to small entities.
            (2) Small business development centers.--In carrying out 
        this subsection, each covered agency shall provide sufficient 
        numbers of compliance guides to small business development 
        centers for distribution to small businesses concerns.
    (c) Limitation on Enforcement.--
            (1) In general.--No covered agency may bring an enforcement 
        action in any Federal court or in any Federal administrative 
        proceeding against a small entity to enforce a rule for which a 
        compliance guide is not published and disseminated by the 
        covered agency as required under this section.
            (2) Effective dates.--This subsection shall take effect--
                    (A) 1 year after the date of the enactment of this 
                Act with regard to a final regulation in effect on the 
                date of the enactment of this Act; and
                    (B) on the date of the enactment of this Act with 
                regard to a regulation that takes effect as a final 
                regulation after such date of enactment.

SEC. 103. NO ACTION LETTER.

    (a) Application.--This section applies to all covered agencies, 
except--
            (1) the Federal Trade Commission;
            (2) the Equal Employment Opportunity Commission; and
            (3) the Consumer Product Safety Commission.
    (b) Issuance of No Action Letter.--Not later than 90 days after the 
date on which a covered agency receives a no action request, the agency 
shall--
            (1) make a determination regarding whether to grant the no 
        action request, deny the no action request, or seek further 
        information regarding the no action request; and
            (2) if the agency makes a determination under paragraph (1) 
        to grant the no action request, issue a no action letter and 
        transmit the letter to the requesting small entity.
    (c) Reliance on No Action Letter or Compliance Guide.--In any 
enforcement action brought by a covered agency in any Federal court or 
Federal administrative proceeding against a small entity, the small 
entity shall have a complete defense to any allegation of noncompliance 
or violation of a rule if the small entity affirmatively pleads and 
proves by a preponderance of the evidence that the act or omission 
constituting the alleged noncompliance or violation was taken in good 
faith with and in reliance on--
            (1) a no action letter from that agency; or
            (2) a compliance guide of the applicable rule published by 
        the agency under section 102(a).

SEC. 104. VOLUNTARY SELF-AUDITS.

    (a) Procedures.--Each agency shall establish voluntary self-audit 
procedures for small entities regulated by the agency.
    (b) Inadmissibility of Evidence and Limitation on Discovery.--If 
action to address a violation is taken not later than 180 days after 
the date on which a voluntary self-audit is concluded, the evidence 
described in subsection (c)--
            (1) shall not be admissible, unless agreed to by the small 
        entity, in any enforcement action brought against a small 
        entity by a Federal agency in any Federal--
                    (A) court; or
                    (B) administrative proceeding; and
            (2) may not be the subject of discovery in any enforcement 
        action brought against a small entity by a Federal agency in 
        any Federal--
                    (A) court; or
                    (B) administrative proceeding.
    (c) Application.--For purposes of subsection (b), the evidence 
described in this subsection is--
            (1) a voluntary self-audit made in good faith; and
            (2) any report, finding, opinion, or any other oral or 
        written communication made in good faith relating to such 
        voluntary self-audit.
    (d) Exceptions.--Subsection (b) shall not apply if--
            (1) the act or omission that forms the basis of the 
        enforcement action is a violation of criminal law; or
            (2) the voluntary self-audit or the report, finding, 
        opinion, or other oral or written communication was prepared 
        for the purpose of avoiding disclosure of information required 
        for an investigative, administrative, or judicial proceeding 
        that, at the time of preparation, was imminent or in progress.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. PERFORMANCE MEASURES.

    No covered agency shall establish or enforce agency personnel 
practices that reward agency employees, directly or indirectly, based 
on the number of contacts made with small entities in pursuit of 
enforcement actions or on the amount of fines levied against small 
entities to enforce agency regulations.

SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL 
              PROTECTION AGENCY REGULATIONS.

    (a) In General.--Subject to subsection (b), for violations of 
regulations identified on or after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall afford 
small entities 180 days after the date on which the violation is 
identified to correct such violation.
    (b) Exception.--Subsection (a) shall not apply--
            (1) if the Administrator of the Environmental Protection 
        Agency determines that there is an imminent risk to public 
        health or worker safety; or
            (2) to a violation of a regulation for which criminal 
        liability may be imposed.

SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES.

    Notwithstanding any other law, policy, or practice, a covered 
agency may waive all or part of a punitive fine that would otherwise be 
imposed on a small entity if--
            (1) the fine is for a first time violation of a law or 
        regulation; and
            (2) the small entity acts quickly and in good faith to 
        correct the violation.
TABLE OF CONTENTS: 
     Title I:  Regulatory Simplification and Voluntary Compliance 
     Title II:  Miscellaneous Provisions 
Small Business Fair Treatment Act of 1995 - 
Title I:  Regulatory Simplification and Voluntary Compliance
 - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which:  (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers.  Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. 
(Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request).  Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. 
(Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. 
Title II:  Miscellaneous Provisions
 - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. 
(Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. 
(Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity:  (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Attendance Success Act of 
2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) State educational agency.--The term ``State educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (4) Truancy.--The term ``truancy'' has the meaning given 
        the term in section 4112(c)(3)(E) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7112(c)(3)(E)).

SEC. 3. TRUANCY PREVENTION DISCRETIONARY GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants to State educational agencies to enable the State 
        educational agencies to award subgrants to local educational 
        agencies within the State to enable the local educational 
        agencies to create programmatic initiatives aimed at keeping 
        students in school, in order to improve academic achievement.
            (2) Duration.--
                    (A) In general.--A State educational agency shall 
                award subgrants under this section for a period of 3 
                years.
                    (B) Renewal.--A State educational agency may award 
                a subgrant to a local educational agency under this 
                section for an additional 3 year period if the report 
                submitted by the local educational agency under 
                subsection (d) for the preceding 3-year subgrant period 
                demonstrates documented improvement in keeping students 
                in school.
            (3) Award basis.--A State educational agency shall award 
        subgrants under this section on a competitive basis, taking 
        into consideration the needs of local educational agencies 
        serving schools with a history of high levels of truancy among 
        students in grades 5 through 9.
    (b) Application.--
            (1) State application.--Each State educational agency 
        desiring a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Local application.--Each local educational agency 
        desiring a subgrant under this section shall submit an 
        application to the State educational agency at such time, in 
        such manner, and accompanied by such information as the State 
        educational agency may reasonably require.
            (3) Local application contents.--Each application submitted 
        under paragraph (2) shall--
                    (A) demonstrate a documented history of significant 
                truancy in grades 5 through 9 in the schools served by 
                the local educational agency;
                    (B) describe the activities for which assistance 
                under this section is sought; and
                    (C) provide such additional assurances and 
                information as the State educational agency determines 
                to be essential to ensure compliance with the 
                requirements of this section, including strategies that 
                the local educational agency will use to address issues 
                such as a supportive school climate and the extent to 
                which students feel connected to the school and 
                attached to not less than 1 caring adult at the school.
    (c) Use of Funds.--A local educational agency receiving a subgrant 
under this section shall, to the extent practicable, use the subgrant 
funds to partner with a community-based organization to create 
programmatic initiatives aimed at keeping students in school.
    (d) Reporting Requirement.--Each local educational agency receiving 
subgrant funds under this section shall submit a report to the State 
educational agency on the local educational agency's performance of the 
activities described in subsection (c).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2010 and each of the 5 succeeding fiscal years.

SEC. 4. NATIONAL RESOURCE CENTER FOR POSITIVE YOUTH DEVELOPMENT AND 
              SCHOOL SUCCESS.

    (a) Center.--From amounts appropriated under subsection (d), the 
Secretary shall award a grant to an eligible nonprofit organization to 
provide for the establishment and operation of a National Resource 
Center on Positive Youth Development and School Success (referred to in 
this section as the ``Center'').
    (b) Eligible Organization.--In order to be eligible to receive a 
grant under this section, an organization shall have a history of, and 
expertise in, carrying out the functions described in subsection (c).
    (c) Functions.--The Center established under subsection (a) shall--
            (1) provide evidence-based resources, publications, and 
        training to State educational agencies and local educational 
        agencies on the positive relationships, opportunities, and 
        skills that students need to succeed in school and avoid risky 
        behavior, such as truancy;
            (2) provide a free information service, using print, 
        electronic media, and the Internet, for schools, principals, 
        school officers, parent-teacher associations, and community 
        groups, relating to incorporating developmental assets, 
        supports and strengths into existing school curriculum, 
        programs, and services; and
            (3) conduct and publish research on the relationship 
        between a whole child approach to youth development and school 
        success, including academic achievement and retention of the 
        teaching force.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2010 and each of the 5 succeeding fiscal years.

SEC. 5. NATIONAL DEFINITION OF TRUANCY.

    Section 4112(c)(3) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7112(c)(3)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) Truancy rate data collection.--
                            ``(i) In general.--For the purposes of 
                        collecting the information described in 
                        subparagraph (B)(i), the term `truancy' means 
                        each absence of a student who is required by 
                        State law to attend elementary school or 
                        secondary school from such school for the time 
                        period described in clause (ii) without an 
                        excuse described in clause (iii).
                            ``(ii) Time period.--The time period 
                        referred to in clause (i) is--
                                    ``(I) 3 consecutive school days in 
                                the case of a child enrolled in 
                                elementary school; and
                                    ``(II) 3 or more class periods on 
                                each of 3 consecutive school days in 
                                the case of a child enrolled in middle 
                                or secondary school.
                            ``(iii) Excused absences.--An excuse 
                        referred to in clause (i) is--
                                    ``(I) an excuse by a parent of the 
                                student that is approved by the school 
                                administrator in charge; or
                                    ``(II) permission from a teacher or 
                                administrator in charge.
                            ``(iv) Limitations.--An absence described 
                        in clause (i) shall not be considered truancy--
                                    ``(I) unless the absence was 
                                reviewed by a school official and 
                                determined to be unexcused; or
                                    ``(II) if the absence is caused by 
                                a school decision to remove a student 
                                from the school and deny the student 
                                attendance for any length of time.''.

Student Attendance Success Act of 2009 - Authorizes the Secretary of Education to award grants to states and, through them, competitive, renewable, three-year grants to local educational agencies (LEAs) for programmatic initiatives aimed at improving academic achievement by keeping students in school.

Requires subgrant applicants to demonstrate that their schools have a history of significant truancy in grades five through nine.

Requires subgrantees to use their subgrant, to the extent practicable, to partner with a community-based organization to create such programmatic initiatives.

Directs the Secretary to award a grant to an nonprofit organization to establish and operate a National Resource Center on Positive Youth Development and School Success to serve as a font of information, training, and research aimed at thwarting students' risky behavior and enhancing their academic performance.

Amends the Elementary and Secondary Education Act of 1965 to define truancy, for purposes of this Act and the requirement that states collect truancy data under the Safe and Drug-Free Schools program, as the unexcused absence: (1) for three consecutive school days of a child required to attend elementary school; and (2) for three or more class periods on each of three consecutive school days of a child required to attend middle or secondary school.