TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Student Athletes From 
Concussions Act of 2017''.

SEC. 2. MINIMUM STATE REQUIREMENTS.

    Part F of title VIII of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the 
following:

  ``Subpart 6--State Requirements for the Prevention and Treatment of 
                              Concussions

``SEC. 8581. MINIMUM STATE REQUIREMENTS.

    ``(a) In General.--Beginning fiscal year 2019, as a condition of 
receiving funds under this Act for a fiscal year, a State shall, not 
later than July 1 of the preceding fiscal year, certify to the 
Secretary in accordance with subsection (b) that the State has in 
effect and is enforcing a law or regulation that, at a minimum, 
establishes the following requirements:
            ``(1) Local educational agency concussion safety and 
        management plan.--Each local educational agency in the State 
        (including each charter school that is considered a local 
        educational agency under State law), in consultation with 
        members of the community in which the local educational agency 
        is located, shall develop and implement a standard plan for 
        concussion safety and management for public schools served by 
        the local educational agency that includes--
                    ``(A) the education of students, parents, and 
                school personnel about concussions, including--
                            ``(i) the training of school personnel on 
                        evidence-based concussion safety and 
                        management, including on prevention, 
                        recognition, risk, academic consequences, and 
                        response for both initial and any subsequent 
                        concussions; and
                            ``(ii) using, maintaining, and 
                        disseminating to students and parents release 
                        forms, treatment plans, observation, 
                        monitoring, and reporting forms, recordkeeping 
                        forms, and post-injury and prevention fact 
                        sheets about concussions;
                    ``(B) supports for each student recovering from a 
                concussion, including--
                            ``(i) guiding the student in resuming 
                        participation in school-sponsored athletic 
                        activities and academic activities with the 
                        help of a multidisciplinary concussion 
                        management team, which shall include--
                                    ``(I) a health care professional, 
                                the parents of such student, and other 
                                relevant school personnel; and
                                    ``(II) an individual who is 
                                assigned by the public school in which 
                                the student is enrolled to oversee and 
                                manage the recovery of the student;
                            ``(ii) providing appropriate academic 
                        accommodations aimed at progressively 
                        reintroducing cognitive demands on such a 
                        student; and
                            ``(iii) if the student's symptoms of 
                        concussion persist for a substantial period of 
                        time--
                                    ``(I) evaluating the student in 
                                accordance with section 614 of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1414) to determine 
                                whether the student is eligible for 
                                services under part B of such Act (20 
                                U.S.C. 1411 et seq.); or
                                    ``(II) evaluating whether the 
                                student is eligible for services under 
                                section 504 of the Rehabilitation Act 
                                of 1973 (29 U.S.C. 794); and
                    ``(C) best practices designed to ensure, with 
                respect to concussions, the uniformity of safety 
                standards, treatment, and management, including--
                            ``(i) disseminating information on 
                        concussion safety and management to the public; 
                        and
                            ``(ii) applying best practice and uniform 
                        standards for concussion safety and management 
                        to all students enrolled in the public schools 
                        served by the local educational agency.
            ``(2) Posting of information on concussions.--Each public 
        school in the State shall post on school grounds, in a manner 
        that is visible to students and school personnel, and make 
        publicly available on the school website, information on 
        concussions that--
                    ``(A) is based on peer-reviewed scientific evidence 
                or consensus (such as information made available by the 
                Centers for Disease Control and Prevention);
                    ``(B) shall include--
                            ``(i) the risks posed by sustaining a 
                        concussion or multiple concussions;
                            ``(ii) the actions a student should take in 
                        response to sustaining a concussion, including 
                        the notification of school personnel; and
                            ``(iii) the signs and symptoms of a 
                        concussion; and
                    ``(C) may include--
                            ``(i) the definition of a concussion under 
                        section 8582(1);
                            ``(ii) the means available to the student 
                        to reduce the incidence or recurrence of a 
                        concussion; and
                            ``(iii) the effects of a concussion on 
                        academic learning and performance.
            ``(3) Response to a concussion.--If any school personnel of 
        a public school in the State suspect that a student has 
        sustained a concussion during a school-sponsored athletic 
        activity or other school-sponsored activity--
                    ``(A) the student shall be--
                            ``(i) immediately removed from 
                        participation in such activity; and
                            ``(ii) prohibited from resuming 
                        participation in school-sponsored athletic 
                        activities--
                                    ``(I) on the day the student 
                                sustained the concussion; and
                                    ``(II) until the day the student is 
                                capable of resuming such participation, 
                                according to the student's written 
                                release, as described in paragraph (4);
                    ``(B) the school personnel shall report to the 
                concussion management team--
                            ``(i) that the student may have sustained a 
                        concussion; and
                            ``(ii) all available information with 
                        respect to the student's injury; and
                    ``(C) the concussion management team shall confirm 
                and report to the parents of the student--
                            ``(i) the type of injury, and the date and 
                        time of the injury, suffered by the student; 
                        and
                            ``(ii) any actions that have been taken to 
                        treat the student.
            ``(4) Return to athletics.--If a student enrolled in a 
        public school in the State sustains a concussion, before the 
        student resumes participation in school-sponsored athletic 
        activities, the relevant school personnel shall receive a 
        written release from a health care professional, that--
                    ``(A) may require the student to follow a plan 
                designed to aid the student in recovering and resuming 
                participation in such activities in a manner that--
                            ``(i) is coordinated, as appropriate, with 
                        periods of cognitive and physical rest while 
                        symptoms of a concussion persist; and
                            ``(ii) reintroduces cognitive and physical 
                        demands on the student on a progressive basis 
                        so long as such increases in exertion do not 
                        cause the reemergence or worsening of symptoms 
                        of a concussion; and
                    ``(B) states that the student is capable of 
                resuming participation in such activities once the 
                student is asymptomatic.
            ``(5) Return to academics.--If a student enrolled in a 
        public school in the State has sustained a concussion, the 
        concussion management team (as described under paragraph 
        (1)(B)(i)) of the school shall consult with and make 
        recommendations to relevant school personnel and the student to 
        ensure that the student is receiving the appropriate academic 
        supports, including--
                    ``(A) providing for periods of cognitive rest over 
                the course of the school day;
                    ``(B) providing modified academic assignments;
                    ``(C) allowing for gradual reintroduction to 
                cognitive demands; and
                    ``(D) other appropriate academic accommodations or 
                adjustments.
    ``(b) Certification Requirement.--The certification required under 
subsection (a) shall be in writing and include a description of the law 
or regulation that meets the requirements of subsection (a).

``SEC. 8582. DEFINITIONS.

    ``In this subpart:
            ``(1) Concussion.--The term `concussion' means a type of 
        mild traumatic brain injury that--
                    ``(A) is caused by a blow, jolt, or motion to the 
                head or body that causes the brain to move rapidly in 
                the skull;
                    ``(B) disrupts normal brain functioning and alters 
                the physiological state of the individual, causing the 
                individual to experience--
                            ``(i) any period of observed or self-
                        reported--
                                    ``(I) transient confusion, 
                                disorientation, or altered 
                                consciousness;
                                    ``(II) dysfunction of memory around 
                                the time of injury; or
                                    ``(III) disruptions in gait or 
                                balance; and
                            ``(ii) symptoms that may include--
                                    ``(I) physical symptoms, such as 
                                headache, fatigue, or dizziness;
                                    ``(II) cognitive symptoms, such as 
                                memory disturbance or slowed thinking;
                                    ``(III) emotional symptoms, such as 
                                irritability or sadness; or
                                    ``(IV) difficulty sleeping; and
                    ``(C) occurs--
                            ``(i) with or without the loss of 
                        consciousness; and
                            ``(ii) during participation--
                                    ``(I) in a school-sponsored 
                                athletic activity; or
                                    ``(II) in any other activity 
                                without regard to whether the activity 
                                takes place on school property or 
                                during the school day.
            ``(2) Health care professional.--The term `health care 
        professional' means a physician (including a medical doctor or 
        doctor of osteopathic medicine), nurse, athletic trainer, 
        physical therapist, neuropsychologist, or other qualified 
        individual--
                    ``(A) who is registered, licensed, certified, or 
                otherwise statutorily recognized by the State to 
                provide medical treatment; and
                    ``(B) whose scope of practice and experience 
                includes the diagnosis and management of traumatic 
                brain injury among a pediatric population.
            ``(3) Public school.--The term `public school' means a 
        public elementary school or public secondary school.
            ``(4) School personnel.--The term `school personnel' 
        includes teachers, principals, administrators, counselors, 
        social workers, psychologists, nurses, librarians, coaches and 
        athletic trainers, and other support staff who are employed by 
        a school or who perform services for the school on a 
        contractual basis.
            ``(5) School-sponsored athletic activity.--The term 
        `school-sponsored athletic activity' means--
                    ``(A) any physical education class or program of a 
                public school;
                    ``(B) any athletic activity authorized by a public 
                school that takes place during the school day on the 
                school's property;
                    ``(C) any activity of an extra-curricular sports 
                team, club, or league organized by a public school; and
                    ``(D) any recess activity of a public school.''.

SEC. 3. CONFORMING AMENDMENTS.

    The table of contents in section 2 of the Elementary and Secondary 
Education Act of 1965 is amended by inserting after the item relating 
to section 8574 the following:

  ``subpart 6--state requirements for the prevention and treatment of 
                              concussions

``Sec. 8581. Minimum State requirements.
``Sec. 8582. Definitions.''.

SOLUTION: Protecting Student Athletes from Concussions Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds, beginning in FY2019, on the state's enforcement of specified&nbsp;minimum requirements for the prevention and treatment of concussions. Each local educational agency must develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions; (2) specified supports for each student recovering from a concussion; and (3) best practices designed to ensure the uniformity of safety standards, treatment, and management.  Each public school must post on school grounds and&nbsp;publish on the school website specified information&nbsp;about concussions.  If any public school personnel suspects that a student has sustained a concussion during a school-sponsored activity, the student must be immediately removed from participation in that activity and prohibited from participating in any school-sponsored athletic activities until the student submits a written release from a health care professional. Furthermore, the school personnel must&nbsp;report all available information regarding the injury to a concussion management team that will confirm and report&nbsp;details of the injury&nbsp;to the student's parents. The school's concussion management team shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports. 

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Nutrition Equity Act of 
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Specialized food is often medically necessary for the 
        safe and effective management of many digestive and inherited 
        metabolic disorders that impact digestion, absorption, and 
        metabolism of nutrients.
            (2) Although medically necessary food is essential for 
        patients, it is often expensive and not uniformly reimbursed by 
        health insurance, leaving many families with an insurmountable 
        financial burden.
            (3) As a result, many patients who cannot afford medically 
        necessary food may experience adverse health consequences from 
        suboptimal disease management, including hospitalization, 
        intellectual impairment, behavioral dysfunction, inadequate 
        growth, nutrient deficiencies, and even death.

SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE 
              AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH 
              PROGRAMS AND PRIVATE HEALTH INSURANCE.

    (a) Coverage Under the Medicare Program.--
            (1) Medically necessary food.--
                    (A) In general.--Section 1861(s)(2) of the Social 
                Security Act (42 U.S.C. 1395x(s)(2)) is amended--
                            (i) in subparagraph (FF), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (GG), by inserting 
                        ``and'' at the end; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(HH) medically necessary food (as defined in subsection 
        (jjj)) and the medical equipment and supplies necessary to 
        administer such food (other than medical equipment and supplies 
        described in subsection (n));''.
                    (B) Definition.--Section 1861 of the Social 
                Security Act (42 U.S.C. 1395x) is amended by adding at 
                the end the following new subsection:

                       ``Medically Necessary Food

    ``(jjj)(1) Subject to paragraph (2), the term `medically necessary 
food' means food, including a low protein modified food product and an 
amino acid preparation product, that is--
            ``(A) furnished pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation, for the dietary management of a covered 
        disease or condition;
            ``(B) a specially formulated and processed product (as 
        opposed to a naturally occurring foodstuff used in its natural 
        state) for the partial or exclusive feeding of an individual by 
        means of oral intake or enteral feeding by tube;
            ``(C) intended for the dietary management of an individual 
        who, because of therapeutic or chronic medical needs, has 
        limited or impaired capacity to ingest, digest, absorb, or 
        metabolize ordinary foodstuffs or certain nutrients, or who has 
        other special medically determined nutrient requirements, the 
        dietary management of which cannot be achieved by the 
        modification of the normal diet alone;
            ``(D) intended to be used under medical supervision, which 
        may include in a home setting; and
            ``(E) intended only for an individual receiving active and 
        ongoing medical supervision wherein the individual requires 
        medical care on a recurring basis for, among other things, 
        instructions on the use of the food.
    ``(2) For purposes of paragraph (1), the term `medically necessary 
food' does not include the following:
            ``(A) Foods taken as part of an overall diet designed to 
        reduce the risk of a disease or medical condition or as weight 
        loss products, even if they are recommended by a physician or 
        other health professional.
            ``(B) Foods marketed as gluten-free for the management of 
        celiac disease or non-celiac gluten sensitivity.
            ``(C) Foods marketed for the management of diabetes.
            ``(D) Other products determined appropriate by the 
        Secretary.
    ``(3) In this subsection, the term `covered disease or condition' 
means the following diseases or conditions:
            ``(A) Inherited metabolic disorders, including the 
        following:
                    ``(i) Disorders classified as metabolic disorders 
                on the Recommended Uniform Screening Panel Core 
                Conditions list of the Secretary of Health and Human 
                Services' Advisory Committee on Heritable Disorders in 
                Newborns and Children.
                    ``(ii) N-acetyl glutamate synthase deficiency.
                    ``(iii) Ornithine transcarbamlyase deficiency.
                    ``(iv) Carbamoyl phosphate synthestase deficiency.
                    ``(v) Inherited disorders of mitochondrial 
                functioning.
            ``(B) Medical and surgical conditions of malabsorption, 
        including the following:
                    ``(i) Impaired absorption of nutrients caused by 
                disorders affecting the absorptive surface, functional 
                length, and motility of the gastrointestinal tract, 
                including short bowel syndrome and chronic intestinal 
                pseudo-obstruction.
                    ``(ii) Malabsorption due to liver or pancreatic 
                disease.
            ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated 
        allergies to food proteins, including the following:
                    ``(i) Immunoglobulin E and non-Immunoglobulin E-
                mediated allergies to food proteins.
                    ``(ii) Food protein-induced enterocolitis syndrome.
                    ``(iii) Eosinophilic disorders, including 
                eosinophilic esophagitis, eosinophilic gastroenteritis, 
                eosinophilic colitis, and post-transplant eosinophilic 
                disorders.
            ``(D) Inflammatory or immune mediated conditions of the 
        alimentary tract, including the following:
                    ``(i) Inflammatory bowel disease, including Crohn's 
                disease, ulcerative colitis, and indeterminate colitis.
                    ``(ii) Gastroesophageal reflux disease that is 
                nonresponsive to standard medical therapies.
            ``(E) Any other disease or condition determined appropriate 
        by the Secretary.
    ``(4) In this subsection, the term ` low protein modified food 
product' means a product formulated to have less than one gram of 
protein per serving.''.
                    (C) Payment.--Section 1833(a)(1) of the Social 
                Security Act (42 U.S.C. 1395l(a)(1)) is amended--
                            (i) by striking ``and'' before ``(BB)''; 
                        and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``, and (CC) with 
                        respect to medically necessary food (as defined 
                        in section 1861(jjj)), the amount paid shall be 
                        an amount equal to 80 percent of the lesser of 
                        the actual charge for the services or the 
                        amount determined under a fee schedule 
                        established by the Secretary for purposes of 
                        this subparagraph.''.
                    (D) Effective date.--The amendments made by this 
                subsection shall apply to items and services furnished 
                on or after the date that is 1 year after the date of 
                the enactment of this Act.
            (2) Inclusion of medically necessary vitamins as a covered 
        part d drug.--
                    (A) In general.--Section 1860D-2(e)(1) of the 
                Social Security Act (42 U.S.C. 1395w-102(e)(1)) is 
                amended--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        comma at the end and inserting ``; or''; and
                            (iii) by inserting after subparagraph (B) 
                        the following new subparagraph:
                    ``(C) medically necessary vitamins used for the 
                management of a covered disease or condition (as 
                defined in section 1861(jjj)(3)) pursuant to the 
                prescription, order, or recommendation (as applicable) 
                of a physician or other health care professional 
                qualified to make such prescription, order, or 
                recommendation,''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall apply to plan years beginning on 
                or after the date that is 1 year after the date of the 
                enactment of this Act.
    (b) Coverage Under the Medicaid Program.--
            (1) In general.--Section 1905(a) of the Social Security Act 
        (42 U.S.C. 1396d(a)) is amended--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (31); and
                    (C) by inserting after paragraph (28) the following 
                new paragraphs:
            ``(29) medically necessary food (as defined in section 
        1861(jjj)) and the medical equipment and supplies necessary to 
        administer such food;
            ``(30) medically necessary vitamins used for the management 
        of a covered disease or condition (as defined in section 
        1861(jjj)(3)) pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation; and''.
            (2) Conforming amendments.--
                    (A) Mandatory benefits.--Section 1902(a)(10)(A) of 
                the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is 
                amended, in the matter preceding clause (i), by 
                striking ``and (28)'' and inserting ``(28), (29), and 
                (30)''.
                    (B) Exception to coverage restriction.--Section 
                1927(d)(2)(E) of the Social Security Act (42 U.S.C. 
                1396r-8(d)(2)(E)) is amended by inserting ``and except 
                for medically necessary vitamins described in section 
                1905(a)(30)'' before the period at the end.
            (3) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by this subsection shall take effect on 
                the date that is 1 year after the date of the enactment 
                of this Act.
                    (B) Exception to effective date if state 
                legislation required.--In the case of a State plan for 
                medical assistance under title XIX of the Social 
                Security Act which the Secretary of Health and Human 
                Services determines requires State legislation (other 
                than legislation appropriating funds) in order for the 
                plan to meet the additional requirements imposed by the 
                amendments made by this subsection, the State plan 
                shall not be regarded as failing to comply with the 
                requirements of such title solely on the basis of its 
                failure to meet this additional requirement before the 
                first day of the first calendar quarter beginning after 
                the close of the first regular session of the State 
                legislature that begins after the date of the enactment 
                of this Act. For purposes of the previous sentence, in 
                the case of a State that has a 2-year legislative 
                session, each year of such session shall be deemed to 
                be a separate regular session of the State legislature.
    (c) Coverage Under CHIP.--
            (1) In general.--Section 2103(c) of the Social Security Act 
        (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
        following:
            ``(9) Medically necessary food.--The child health 
        assistance provided to a targeted low-income child under the 
        plan shall include coverage of medically necessary food (as 
        defined in section 1861(jjj)) and the medical equipment and 
        supplies necessary to administer such food.
            ``(10) Certain vitamins.--The child health assistance 
        provided to a targeted low-income child under the plan shall 
        include coverage of medically necessary vitamins used for the 
        management of a covered disease or condition (as defined in 
        section 1861(jjj)(3)) pursuant to the prescription, order, or 
        recommendation (as applicable) of a physician or other health 
        care professional qualified to make such prescription, order, 
        or recommendation.''.
            (2) Conforming amendment.--Section 2103(a) of the Social 
        Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter 
        preceding paragraph (1), by striking ``and (7)'' and inserting 
        ``(7), (9), and (10)''.
            (3) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendments made by this subsection shall take effect on 
                the date that is 1 year after the date of the enactment 
                of this Act.
                    (B) Exception to effective date if state 
                legislation required.--In the case of a State child 
                health plan for child health assistance under title XXI 
                of the Social Security Act which the Secretary of 
                Health and Human Services determines requires State 
                legislation (other than legislation appropriating 
                funds) in order for the plan to meet the additional 
                requirements imposed by the amendments made by this 
                subsection, the State child health plan shall not be 
                regarded as failing to comply with the requirements of 
                such title solely on the basis of its failure to meet 
                this additional requirement before the first day of the 
                first calendar quarter beginning after the close of the 
                first regular session of the State legislature that 
                begins after the date of the enactment of this Act. For 
                purposes of the previous sentence, in the case of a 
                State that has a 2-year legislative session, each year 
                of such session shall be deemed to be a separate 
                regular session of the State legislature.
    (d) Modification of Diseases and Conditions Covered Under TRICARE 
Program.--Section 1077(h)(3) of title 10, United States Code, is 
amended--
            (1) in subparagraph (D), by striking ``and'';
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following:
            ``(E) Immunoglobulin E or non-Immunoglobulin E mediated 
        allergies to food proteins.''.
    (e) Coverage Under FEHBP.--
            (1) In general.--Section 8902 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(p) A contract for a plan under this chapter shall require the 
carrier to provide coverage for--
            ``(1) medically necessary food (as defined in section 
        1861(jjj) of the Social Security Act) and the medical equipment 
        and supplies necessary to administer such food; and
            ``(2) medically necessary vitamins in the same manner 
        provided for under section 1860D-2(e)(1)(C) of the Social 
        Security Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to contract years beginning on or 
        after the date that is 1 year after the date of enactment of 
        this Act.
    (f) Coverage Under Private Health Insurance.--
            (1) In general.--Subpart II of part A of title XXVII of the 
        Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is 
        amended by adding at the end the following:

``SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.

    ``A health insurance issuer offering group or individual health 
insurance coverage shall provide coverage for--
            ``(1) medically necessary food (as defined in section 
        1861(jjj) of the Social Security Act) and the medical equipment 
        and supplies necessary to administer such food; and
            ``(2) medically necessary vitamins in the same manner 
        provided for under section 1860D-2(e)(1)(C) of the Social 
        Security Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to plan years beginning on or after the date that 
        is 1 year after the date of the enactment of this Act.

SOLUTION: Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance,&nbsp;of foods and vitamins that are medically necessary for the management of&nbsp;certain digestive and metabolic disorders&nbsp;and conditions. 

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Partnership for 
Academic Success in the States Act'' or the ``PASS Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Pilot program required.
Sec. 3. Performance agreements.
Sec. 4. Eligible education grant programs.
Sec. 5. Maintenance of academic performance standards.
Sec. 6. Maintenance of funding levels spent by States on education.
Sec. 7. Permissible uses of funds.
Sec. 8. Allocation of funds within State.
Sec. 9. Administrative expenses.
Sec. 10. Equitable participation of private schools.
Sec. 11. Fiscal responsibilities.
Sec. 12. Annual reports.
Sec. 13. Terms of performance agreements.
Sec. 14. Modification of performance agreements.
Sec. 15. Competitive selection process.
Sec. 16. Performance review and early termination.
Sec. 17. Awards for reducing achievement gaps.

SEC. 2. PILOT PROGRAM REQUIRED.

    The Secretary of Education shall carry out a pilot program under 
this Act, to be participated in by up to 10 States.

SEC. 3. PERFORMANCE AGREEMENTS.

    (a) Performance Agreement Required.--For each State participating 
in the pilot program, the Secretary shall, pursuant to a performance 
agreement entered into with that State--
            (1) grant directly to the State the grant amounts that the 
        State (or any entity within the State, if applicable) would 
        otherwise receive under one or more eligible education grant 
        programs covered by the agreement; and
            (2) waive the applicability to the State (or any entity 
        within the State, if applicable) of one or more requirements of 
        those programs.
    (b) Specification of Programs To Be Covered and Requirements to Be 
Waived.--The performance agreement shall specify the programs covered 
by the agreement and the requirements to be waived pursuant to the 
agreement.
    (c) Requirements That Cannot Be Waived.--The Secretary shall not, 
pursuant to a performance agreement under this Act, waive any 
requirement under any of the following provisions of the Elementary and 
Secondary Education Act of 1965:
            (1) Section 1111(b) (20 U.S.C. 6311(b); relating to 
        academic standards, academic assessments, and accountability).
            (2) Section 1111(h) (20 U.S.C. 63111(h); relating to report 
        cards).
            (3) Section 1116(b)(1)(E) (20 U.S.C. 6316(b)(1)(E); 
        relating to public school choice).

SEC. 4. ELIGIBLE EDUCATION GRANT PROGRAMS.

    For purposes of this Act, the eligible education grant programs are 
the following:
            (1) In title I of the Elementary and Secondary Education 
        Act of 1965--
                    (A) part A (relating to improving basic programs 
                operated by local educational agencies);
                    (B) subpart 3 of part B (relating to William F. 
                Goodling Even Start Family Literacy Programs);
                    (C) part C (relating to education of migratory 
                children);
                    (D) part D (relating to prevention and intervention 
                programs for children and youth who are neglected, 
                delinquent, or at-risk); and
                    (E) part F (relating to comprehensive school 
                reform).
            (2) In title II of that Act--
                    (A) part A (relating to teacher and principal 
                training and recruiting fund); and
                    (B) subpart 1 of part D (relating to State and 
                local technology grants).
            (3) In title III of that Act, part A (relating to English 
        language acquisition, language enhancement, and academic 
        achievement).
            (4) In title IV of that Act, part A (relating to safe and 
        drug-free schools and communities).
            (5) In title V of that Act--
                    (A) part A (relating to innovative programs); and
                    (B) part D (relating to the fund for the 
                improvement of education).
            (6) In title VII of that Act, part A (relating to Indian 
        education).
            (7) Sections 115 and 116, and parts B and C of title I, of 
        the Carl D. Perkins Vocational Technical Education Act.
            (8) Subtitle B of title VII of the McKinney-Vento Homeless 
        Assistance Act.

SEC. 5. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS.

    Each State participating in the pilot program shall, throughout the 
term of the performance agreement--
            (1) maintain a uniform level of challenging student 
        academic performance standards and assessments; and
            (2) demonstrate adequate yearly progress toward achieving 
        those standards.

SEC. 6. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.

    For each State participating in the pilot program, for each school 
year of the performance agreement, the aggregate amount of funds spent 
by the State on elementary and secondary education shall be not less 
than the aggregate amount of funds spent by the State on elementary and 
secondary education for school year 2007. If a State demonstrates that 
exceptional or uncontrollable circumstances, such as a natural disaster 
or a precipitous and unforeseen decline in the financial resources of 
the State, prevent the State from complying with this requirement, the 
Secretary may waive the applicability of this requirement to the State.

SEC. 7. PERMISSIBLE USES OF FUNDS.

    Grant amounts received pursuant to a performance agreement under 
this Act may be used for any elementary and secondary education 
purposes permitted by State law, in a manner that advances the 
education priorities of the State, improves student achievement, and 
narrows achievement gaps between students.

SEC. 8. ALLOCATION OF FUNDS WITHIN STATE.

    (a) In General.--Grant amounts received pursuant to a performance 
agreement under this Act shall be distributed within the State as 
provided by State law, subject to subsection (b).
    (b) No Reduction in Part A Title I Allocation.--To the extent such 
grant amounts are derived from part A of title I of the Elementary and 
Secondary Education Act of 1965, the State shall ensure that, for each 
local educational agency within the State for each school year, the 
amount that is allocated to that local educational agency for that 
school year pursuant to the performance agreement is not less than the 
amount that was allocated to that local educational agency for school 
year 2007 pursuant to part A of title I of that Act. If the State 
cannot comply with this subsection because the total grant amounts 
derived from part A of title I of that Act are inadequate, the State 
shall reduce each local educational agency's allocation by a uniform 
percentage.

SEC. 9. ADMINISTRATIVE EXPENSES.

    A State may use not more than 1 percent of the grant amounts 
received pursuant to a performance agreement under this Act for 
administrative expenses.

SEC. 10. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.

    Grant amounts received pursuant to a performance agreement under 
this Act shall be used in a manner that provides for the equitable 
participation of private schools, and the students and professional 
staff of such schools.

SEC. 11. FISCAL RESPONSIBILITIES.

    Grant amounts received pursuant to a performance agreement under 
this Act shall be subject to fiscal control and fund accounting 
procedures that ensure that those amounts are properly disbursed and 
accounted for.

SEC. 12. ANNUAL REPORTS.

    (a) In General.--After each school year during which a State has 
participated in the pilot program, the State shall submit to the 
Secretary a report on the activities carried out under the performance 
agreement during that school year. The report shall describe in detail 
how the State has complied with the performance agreement and with the 
other requirements of this Act. The State shall ensure that the report 
is disseminated widely to parents and the general public, distributed 
to print and broadcast media, and posted on the Internet.
    (b) Submission to Congress.--Not later than 60 days after the 
Secretary receives a report under subsection (a), the Secretary shall 
submit that report to Congress, together with any other information the 
Secretary considers appropriate.

SEC. 13. TERMS OF PERFORMANCE AGREEMENTS.

    (a) Initial Term.--Each performance agreement under this Act shall 
apply for an initial term beginning with school year 2008 and ending 
with school year 2012.
    (b) Additional Term.--Each such performance agreement may, with the 
approval of the State and the Secretary entered into before the 
expiration of the initial term, be extended for an additional term 
beginning with school year 2013 and ending with school year 2017. The 
Secretary shall not withhold approval under this subsection if the 
State has demonstrated the adequate yearly progress required by this 
Act and has substantially complied with its other obligations under 
this Act.

SEC. 14. MODIFICATION OF PERFORMANCE AGREEMENTS.

    The terms of a performance agreement may, with the approval of the 
State and the Secretary, be modified during the term of the performance 
agreement for school years that have not yet begun.

SEC. 15. COMPETITIVE SELECTION PROCESS.

    The Secretary shall, by regulation, establish a process for the 
selection of States to participate in the pilot program. The process 
shall include the following:
            (1) Application.--To be considered for participation, a 
        State must submit an application to the Secretary in such form, 
        and containing such information, as the Secretary may require. 
        The State must submit the application not later than March 31, 
        2007, but after that date may modify the application (including 
        the draft performance agreement described in paragraph (2)) 
        with the approval of the Secretary.
            (2) Proposed performance agreement.--The application must 
        include a draft of the performance agreement that the State 
        proposes to enter into for purposes of the pilot program.
            (3) Certification of compliance with notice and comment 
        requirements.--The application must include the certification 
        of the Governor of the State that the performance agreement 
        that the State proposes has been developed by the State in 
        accordance with the notice and comment requirements that apply 
        under State law.
            (4) Selection.--The Secretary shall select States for 
        participation on a competitive basis, using criteria 
        established by the Secretary. Each selection shall be completed 
        not later than June 30, 2007.
            (5) Entering into performance agreement.--For each State so 
        selected, the Secretary and the State shall enter into the 
        performance agreement proposed by the State. Each performance 
        agreement shall be entered into not later than August 15, 2007.

SEC. 16. PERFORMANCE REVIEW AND EARLY TERMINATION.

    (a) Periodic Review.--For each State participating in the pilot 
program, the Secretary shall periodically carry out a review to 
determine whether the State has demonstrated the adequate yearly 
progress required by this Act and has substantially complied with its 
other obligations under this Act.
    (b) Early Termination.--The Secretary may terminate a performance 
agreement, before the term of that agreement expires, if--
            (1) the State does not, for three consecutive school years, 
        demonstrate the adequate yearly progress required by this Act; 
        or
            (2) the State does not substantially comply with any other 
        obligation under this Act.

SEC. 17. AWARDS FOR REDUCING ACHIEVEMENT GAPS.

    (a) Awards Required.--The Secretary shall make awards to each State 
that completes the initial term of its performance agreement and, over 
that term, achieves the reduction described in subsection (b).
    (b) Reduction.--The reduction referred to in subsection (a) is a 
reduction by not less than 25 percent, of the difference between the 
percentage of highest and lowest performing groups of students that 
meet the State's definition of ``proficient'', as referenced in section 
1111(b)(1)(D)(ii)(II) of the Elementary and Secondary Education Act of 
1965. The reduction must apply to at least two grade levels and at 
least two of the following content areas: mathematics, reading, and 
science.
    (c) Amount of Award.--The amount of an award under this section 
shall be not less than 5 percent of the grant amounts received by the 
State pursuant to the performance agreement for school year 2008.
    (d) Source of Funds.--Awards under this section are subject to the 
availability of appropriations and shall be paid from the Fund for the 
Improvement of Education under part D of title V of the Elementary and 
Secondary Education Act of 1965.

SOLUTION:
Partnership for Academic Success in the States Act, or the PASS Act - Directs the Secretary of Education to implement a competitive pilot program, in up to 10 states, under which, pursuant to a performance agreement with each state, the Secretary: (1) directly provides the grant amount that such state would otherwise receive under one or more specified elementary and secondary education grant programs; and (2) waives the applicability of one or more of the requirements of such programs.

Allows the Secretary to terminate a state's participation in the pilot program if it fails for three consecutive years to demonstrate adequate yearly progress toward achieving challenging academic performance standards.



Requires the equitable participation of private schools in the use of such grants.

Provides for awards to states for reducing achievement gaps.