		I
		112th CONGRESS
		2d Session
		H. R. 6476
		IN THE HOUSE OF REPRESENTATIVES

			September 20, 2012
			Ms. Linda T. Sánchez of
			 California introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide for coverage of certified adult day services under the Medicare
		  program.

		1.Short titleThis Act may be cited as the
			 Medicare Adult Day Services Act of
			 2012.
		2.FindingsCongress makes the following
			 findings:
			(1)Adult day care can
			 offer services, including medical care, rehabilitation therapies, dignified
			 assistance with activities of daily living, nutrition therapy, health
			 monitoring, social interaction, stimulating activities, and transportation, to
			 seniors and people with disabilities at no extra cost to the Medicare
			 program.
			(2)The care given at
			 adult day services centers under an interdisciplinary team provides seniors,
			 people with disabilities, and their familial caregivers with more care hours
			 and additional services that are critical to keeping patients healthier and in
			 the homes of the patients instead of in a nursing home, and reduces the risk of
			 hospital admission or readmission.
			3.Medicare coverage
			 of certified adult day services
			(a)Medicare
			 certified adult day services benefit
				(1)DefinitionSection
			 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the
			 end the following new subsection:

						(iii)Certified
				adult day services; adult day services provider; certified adult day services
				center; post-Institutional certified adult day services; certified adult day
				services spell of illness(1)(A)The term certified
				adult day services means, subject to paragraph (4), the items and
				services described in subparagraph (B) that are furnished to an individual who
				is under the care of a physician—
									(i)by an adult day services provider
				(as defined in paragraph (2)) or by another entity under an arrangement with
				such an adult day services provider to provide such services;
									(ii)in accordance with a plan (for
				furnishing such items and services to such individual) approved and
				periodically reviewed by such physician; and
									(iii)in a certified adult day services
				center (as defined in paragraph (3)).
									(B)For purposes of subparagraph (A), the
				items and services described in this subparagraph are the following:
									(i)Part-time or intermittent services (as
				defined in subparagraph (C)(i)) provided by or under the supervision of a
				registered professional nurse.
									(ii)Physical or occupational therapy or
				speech-language pathology services, or any combination of such services.
									(iii)Medical social services under the
				direction of a physician.
									(iv)Nutritional meals, including special
				diets, as ordered by a physician.
									(v)A program of supervised activities
				(that meets such criteria as the Secretary determines appropriate) designed to
				promote physical and mental health that are furnished in a group setting for a
				period of not fewer than 4 and not greater than 8 hours per day.
									(vi)A medication management program (as
				defined in subparagraph (C)(ii)).
									(vii)Medical supplies (including
				catheters, catheter supplies, ostomy bags, and supplies related to ostomy care,
				and a covered osteoporosis drug (as defined in subsection (kk)), but excluding
				other drugs and biologicals) and durable medical equipment.
									(viii)Transportation of the individual
				described in subparagraph (A) to and from a certified adult day services center
				in connection with the provision of an item or service described in a previous
				provision of this subparagraph.
									(C)(i)For purposes of subparagraph (B)(i), the
				term part-time or intermittent services means certified adult day
				services furnished any number of days per week as long as such services are
				furnished fewer than 8 hours each day. For purposes of sections 1814(a)(2)(C)
				and 1835(a)(2)(A), insofar as such respective section relates to certified
				adult day services, intermittent means certified adult day
				services that are either provided or needed on fewer than 7 days each week, or
				less than 8 hours of each day for periods of 21 days or less (with extensions
				in exceptional circumstances when the need for additional care is finite and
				predictable).
									(ii)For purposes of subparagraph
				(B)(vi), the term medication management program means a program of
				education and services (that meets such criteria as the Secretary determines
				appropriate) to minimize—
										(I)unnecessary or inappropriate use of
				prescription drugs; and
										(II)adverse events due to unintended
				prescription drug-to-drug interactions.
										(2)The term adult day services
				provider means a provider of home and community based services that is
				approved in the applicable State to provide long-term services and supports,
				which may include nursing care, physical therapy, occupational therapy, social
				work services, transportation, and personal care services.
							(3)The term certified adult day
				services center means a facility—
								(A)of a public agency or private
				organization, or a subdivision of such an agency or organization, that—
									(i)is primarily engaged in providing
				an interdisciplinary approach that includes skilled nursing services and other
				therapeutic services directly;
									(ii)has policies, established by a
				group of professional personnel (associated with the agency or organization),
				including one or more physicians and one or more registered professional
				nurses, to govern the services (referred to in subparagraph (A)) which it
				provides, and provides for supervision of such services;
									(iii)maintains clinical records on all
				patients;
									(iv)in the case of an agency or
				organization in any State in which State or applicable local law provides for
				the licensing or certification of agencies or organizations of this nature, (i)
				is licensed or certified pursuant to such law, or (ii) is approved, by the
				agency of such State or locality responsible for licensing or certifying
				agencies or organizations of this nature, as meeting the standards established
				for such licensing or certification;
									(v)is licensed or certified by the
				State involved or accredited as meeting requirements, including under section
				1865, through a nationally recognized accrediting agency that is recognized by
				the Secretary;
									(vi)has in effect an overall plan and
				budget that meets the requirements of subsection (z);
									(vii)meets applicable conditions of
				participation under section 1891(a) (or similar conditions specified by the
				Secretary as applicable to such an agency or organization) and such other
				conditions of participation as the Secretary may find necessary in the interest
				of the health and safety of individuals who are furnished services by such
				agency or organization; and
									(viii)meets such additional
				requirements (including conditions relating to bonding or establishing of
				escrow accounts as the Secretary finds necessary for the financial security of
				the program) as the Secretary finds necessary for the effective and efficient
				operation of the program;
									(B)at which such agency or organization
				provides for items and services described in paragraph (1)(B); and
								(C)that complies with all applicable
				State and local building codes, fire codes, zoning laws, and State licensing
				building standards that apply to a State licensed or certified or nationally
				accredited adult day center, and in States where there are no State licensing
				building standards for adult day centers, building standards based on the
				standards adopted by a nationally recognized accrediting agency that is
				recognized by the Secretary and applies to such a center standards that are
				comparable to the requirements applied to a skilled nursing facility pursuant
				to section 1819(d)(2)(B).
								(4)For purposes of paragraph (1)(A), an
				item or service furnished to an individual, with respect to a period, shall not
				be considered an adult day service if—
								(A)the individual is—
									(i)concurrently receiving similar
				skilled services under a State plan under section 1905(a) or under a home and
				community-based waiver authorized for a State under section 1115, under
				subsection (c) or (d) of section 1915, under a State plan amendment under
				subsection (i) of section 1915, or under section 1902(a)(10)(D); and
									(ii)receiving such item or service
				during such period under such State plan, waiver, amendment, or respective
				section; or
									(B)the individual is receiving such item
				or service during such period pursuant to a plan of care from a home health
				agency under section 1861(m).
								(5)Nothing in this subsection shall be
				construed as prohibiting a home health agency from—
								(A)establishing a State licensed or
				certified or nationally accredited certified adult day services center and
				furnishing certified adult day services; or
								(B)providing services under arrangements
				with such a center.
								(6)The term post-institutional
				certified adult day services means certified adult day services
				furnished to an individual—
								(A)after discharge from a hospital or
				critical access hospital in which the individual was an inpatient for not less
				than 3 consecutive days before such discharge if such certified adult day
				services were initiated within 14 days after the date of such discharge;
				or
								(B)after discharge from a skilled nursing
				facility in which the individual was provided post-hospital extended care
				services if such certified adult day services were initiated within 14 days
				after the date of such discharge.
								(7)The term certified adult day
				services spell of illness with respect to any individual means a period
				of consecutive days—
								(A)beginning with the first day (not
				included in a previous certified adult day services spell of illness)—
									(i)on which such individual is
				furnished post-institutional certified adult day services, and
									(ii)which occurs in a month for which
				the individual is entitled to benefits under part A; and
									(B)ending with the close of the first
				period of 60 consecutive days thereafter on each of which the individual is
				neither an inpatient of a hospital or critical access hospital nor an inpatient
				of a facility described in section 1819(a)(1) or subsection (y)(1) nor provided
				home health services or certified adult day
				services.
								.
				(2)Inclusion under
			 part B benefitSection 1832(a)(2) of the Social Security Act (42
			 U.S.C. 1395k(a)(2)) is amended—
					(A)in subparagraph
			 (I), by striking at the end and;
					(B)in subparagraph
			 (J), by striking at the end the period and inserting ; and;
			 and
					(C)by adding at the
			 end the following new subparagraph:

							(K)certified adult day services (as defined in
				section
				1861(iii)(1)(A)).
							.
					(3)Inclusion under
			 part A benefitSection 1812(a) of the Social Security Act is
			 amended—
					(A)in paragraph (4),
			 by striking at the end and;
					(B)in paragraph (5),
			 by striking the period at the end and inserting ; and;
			 and
					(C)by adding at the
			 end the following new paragraph:

							(6)in the case of individuals not enrolled in
				part B, certified adult day services (as defined in paragraph (1)(A) of section
				1861(iii)), and in the case of individuals so enrolled, post-institutional
				certified adult day services (as defined in paragraph (6) of such section)
				furnished during a certified adult day services spell of illness (as defined in
				paragraph (7) of such section) for up to 100 visits during such spell of
				illness.
							.
					(b)Payment of
			 claims requirements for home health services applied to certified adult day
			 services
				(1)Part
			 ASection 1814(a)(2)(C) of the Social Security Act (42 U.S.C.
			 1395f(a)(2)(C)) is amended by inserting or certified adult day
			 services after each occurrence of home health
			 services.
				(2)Part
			 BSection 1835(a)(2)(A) of the Social Security Act (42 U.S.C.
			 1395n(a)(2)(A)) is amended—
					(A)in the matter
			 preceding clause (i), by inserting or certified adult day services (as
			 defined in section 1861(iii)(1)(A)) after home health
			 services; and
					(B)in clause (i), by inserting or
			 certified adult day services after home health
			 services.
					(c)Conforming
			 amendments
				(1)Interaction with
			 coverage of home health servicesSection 1861(m) of the Social
			 Security Act (42 U.S.C. 1395x(m)) is amended by adding at the end the following
			 new sentence: An individual described in this subsection, with respect
			 to home health services furnished during a period, shall not include an
			 individual who is receiving comparable certified adult day services (as defined
			 in section 1861(iii)(1)) during such period..
				(2)Intermittent
			 servicesSection 1861(m) of
			 the Social Security Act (42 U.S.C. 1395x(m)) is amended in the last sentence by
			 inserting insofar as such respective section relates to home health
			 services, after section 1835(a)(2)(A),.
				(3)Institutional
			 planning requirementSection 1861(z) of the Social Security Act
			 (42 U.S.C. 1395x(z)) is amended in the matter preceding paragraph (1), by
			 striking or home health agency and inserting home health
			 agency, or certified adult day services center.
				(4)Inclusion as
			 provider of servicesSection
			 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)) is amended by inserting
			 certified adult day services center, after home health
			 agency,.
				(d)Payment for
			 certified adult day services under the home health prospective payment
			 systemSection 1895 of the Social Security Act (42 U.S.C.
			 1395fff) is amended by adding at the end the following new subsection:

					(f)Application of
				home health prospective payment system to certified adult day services
						(1)In
				generalThe Secretary shall,
				in accordance with this subsection, develop a methodology under which the fee
				schedule and provisions under this section shall apply to certified adult day
				services (as defined in section 1861(iii)(1)) in a similar manner to which such
				schedule and provisions apply to home health services.
						(2)Payment rate
				determination and limitationsUnder such methodology, the following shall
				apply, with respect to certified adult day services furnished to an individual
				during a period specified by the Secretary under a plan of care established
				under section 1861(iii) for which payment may be made under this title:
							(A)Determination of
				componentsThe Secretary shall determine each component (as
				defined by the Secretary) of such certified adult day services.
							(B)Estimation of
				payment amountThe Secretary shall estimate the amount that would
				otherwise be payable under this section for the components of services
				determined under subparagraph (A) if such services were furnished by a home
				health agency (or, if such component or service would not otherwise be so
				payable under this section if so furnished, the amount that would be payable
				under this section for a comparable home health service furnished by a home
				health agency) during such period.
							(C)Amount of
				paymentThe total amount payable under this section for such
				certified adult day services furnished to such individual during such period
				shall be 98 percent of the amount estimated to be payable for such services (or
				comparable services) under subparagraph (B) for such period.
							(D)LimitationNo
				payment may be made under this section for certified adult day services
				described in clauses (iv) through (vi) and (ix) of section
				1861(iii)(1)(A).
							(3)Limitation on
				balance billingA certified adult day services center shall
				accept as payment in full for certified adult day services described in clauses
				(i) through (iii), (vii) through (viii), and (x) through (xii) of section
				1861(iii)(1)(A) furnished by the center to an individual entitled to benefits
				under this title the amount of payment provided under this section for home
				health services consisting of items and services described in such respective
				clauses.
						.
			(e)Consolidated
			 billingSection 1862(a) of the Social Security Act (42 U.S.C.
			 1395y(a)) is amended—
				(1)by striking
			 or at the end of paragraph (23);
				(2)by striking the
			 period at the end of paragraph (24) and inserting, or;
			 and
				(3)by inserting after
			 paragraph (24) the following new paragraph:

						(25)which are certified adult day services for
				which payment may be made under section 1895(f) and which are furnished to an
				individual by a State licensed or certified or nationally accredited certified
				adult day services center pursuant to a plan of care established under section
				1861(iii) with respect to such services, by an entity other than such facility,
				unless the services are furnished under arrangements (as defined in section
				1861(w)(1)) with the entity made by such
				facility.
						.
				(f)Temporary
			 increase for certified adult day services furnished in a rural area
				(1)In
			 generalWith respect to episodes and visits ending on or after
			 January 1, 2011, and before January 1, 2016, in the case of certified adult day
			 services (as defined in section 1861(iii)(1)(A) of the Social Security Act, as
			 added by subsection (a)), furnished in a rural area (as defined in section
			 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D))), the Secretary of Health
			 and Human Services shall increase the payment amount otherwise made under
			 section 1895 of such Act (42 U.S.C. 1395fff) for such services by 3
			 percent.
				(2)Waiving budget
			 neutralityThe Secretary shall not reduce the standard
			 prospective payment amount (or amounts) under section 1895 of the Social
			 Security Act (42 U.S.C. 1395fff) applicable to such certified adult day
			 services furnished during a period to offset the increase in payments resulting
			 from the application of paragraph (1).
				(3)No effect on
			 subsequent periodsThe payment increase provided under paragraph
			 (1) for a period under such paragraph—
					(A)shall not apply to
			 episodes and visits ending after such period; and
					(B)shall not be taken
			 into account in calculating the payment amounts applicable for episodes and
			 visits occurring after such period.
					(g)Adult day
			 services provider technical assistanceIn order to facilitate the
			 development of certified adult day services under title XVIII of the Social
			 Security Act, the Secretary of Health and Human Services shall, as deemed
			 necessary by the Secretary, provide adult day services providers (as defined in
			 section 1861(iii)(2) of such Act) with technical assistance, consultation,
			 tools, and other resources to assist them with the application process and
			 implementation of certified adult day services (as defined in such
			 section).
			(h)Effective
			 dateThe amendments made by this section shall apply to items and
			 services furnished on or after January 1, 2013.


111 HR 1330 IH: Patient Access to Higher Quality Health Care Act of 2021
U.S. House of Representatives
2021-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1330IN THE HOUSE OF REPRESENTATIVESFebruary 25, 2021Mr. Burgess (for himself, Mr. Vicente Gonzalez of Texas, Mr. Wenstrup, Mr. Vela, Mr. Harris, Mr. Cuellar, Mr. Babin, Mr. Hice of Georgia, Mrs. Walorski, Mr. Mullin, Mr. Perry, Mr. Cole, Mr. Westerman, Mr. Hill, Mr. Taylor, Mr. Dunn, Mr. Johnson of Ohio, Mr. Schweikert, Mr. Hern, Mr. Griffith, and Mr. Cloud) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo repeal changes made by health care reform laws to the Medicare exception to the prohibition on certain physician referrals for hospitals, and for other purposes.1.Short titleThis Act may be cited as the Patient Access to Higher Quality Health Care Act of 2021.2.Repeal of health care reform provisions limiting Medicare exception to the prohibition on certain physician referrals for hospitalsSections 6001 and 10601 of the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 684, 1005) and section 1106 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152; 124 Stat. 1049) are repealed and the provisions of law amended by such sections are restored as if such sections had never been enacted.


115 S2437 IS: Opioid Response Enhancement Act
U.S. Senate
2018-02-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 2437
		IN THE SENATE OF THE UNITED STATES

			February 15, 2018
			Ms. Baldwin (for herself, Mrs. Shaheen, Ms. Smith, Ms. Heitkamp, Mr. Brown, Ms. Hassan, Mr. Manchin, Ms. Warren, Ms. Klobuchar, Ms. Stabenow, Mr. Nelson, Mr. King, Mr. Cardin, Mr. Tester, Mr. Kaine, and Mr. Udall) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To reauthorize and improve the 21st Century Cures opioid grant program.

		1.Short title
 This Act may be cited as the Opioid Response Enhancement Act.
		2.Opioid grant program reauthorization
 (a)In generalSection 1003 of the 21st Century Cures Act (42 U.S.C. 290ee–3 note) is amended— (1)in subsection (b)—
 (A)in paragraph (2)(A), by adding at the end the following:  (iii)For each of fiscal years 2019 through 2023, $2,000,000,000.; and
 (B)in paragraph (3)— (i)in subparagraph (A)—
 (I)by striking 2017 and 2018 and inserting 2019 through 2023; and (II)by inserting after paragraph (2)(A), the following: and in each of the fiscal years 2019 through 2023, there is authorized to be appropriated from the Account to the Secretary, for the grant program described in subsection (c)(3), $400,000,000,; and
 (ii)in subparagraph (B), by striking 2017 and 2018 and inserting 2019 through 2023; (2)in subsection (c)—
 (A)in paragraph (1)— (i)by inserting and Tribal entities after grants to States;
 (ii)by inserting and Tribal entities after preference to States; and (iii)by inserting or Tribal entities before the period at the end;
 (B)in paragraph (2)— (i)in the matter preceding subparagraph (A)—
 (I)by inserting , including activities supported by community-based organizations and counties, after carrying out activities; and (II)by striking to a State;
 (ii)in subparagraph (E), by inserting or Tribal entity after State each place that such term appears; and (iii)by adding at the end the following:

 (F)In addition to carrying out activities related to addressing the opioid epidemic, a State or Tribal entity may use grants awarded under this section for carrying out public-health activities related to addressing other substance abuse, as determined appropriate and as determined to be a substantial or similar public health threat as the opioid epidemic by the State or Tribal entity.; and
 (C)by adding at the end the following:  (3)Targeted response enhancement grants (A)In generalSubject to the availability of appropriations, the Secretary shall use 50 percent of the amount transferred under subsection (b)(2)(A)(iii) in each fiscal year to award supplemental funding grants to at least 10 States and Tribal entities, to expand and enhance grant activities required under this subsection. In awarding such grants, the Secretary shall give preference to areas of greatest need, including as indicated by higher mortality rates associated with opioid overdoses.
 (B)Use of fundsGrants awarded to a State or Tribal entity under this paragraph shall be used for carrying out activities to supplement activities otherwise carried out under this subsection to expand and enhance prevention, treatment, and recovery support efforts in States and Tribal entities hardest hit by the opioid epidemic, which may include public health-related activities such as the following:
 (i)Expansion of evidence-based strategies for the provision of prevention, treatment, and recovery support services for individuals with opioid use disorders.
 (ii)Expansion and enhancement of integrated systems of care, including the co-location of services to address the primary and behavioral healthcare needs of individuals with opioid use disorders.
 (iii)Expansion of efforts to distribute overdose reversal drugs and educate first responders and other relevant community members on the use of such drugs to prevent overdose-related deaths.
 (iv)Expansion of any activity authorized under the State or Tribal entity grant under paragraph (1) to address the State's or Tribal entity's specific needs related to combatting the opioid crisis.
 (4)Set asideOf the amount made available for each fiscal year to award grants under paragraph (1), not less than 10 percent of such amount in each such fiscal year shall be provided to Tribal entities.;
 (3)by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; (4)by inserting after subsection (c), the following:

 (d)Technical assistanceThe Secretary shall provide State agencies and Tribal entities, as applicable through the Tribal Training and Technical Assistance Center, with technical assistance concerning—
 (1)application and submission procedures and award management activities; (2)enhancing outreach and direct support to rural and underserved communities and providers in addressing the opioid crisis; and
 (3)strengthening data collection data sharing activities to help improve surveillance.;  (5)in subsection (e) (as so redesignated), by inserting shall prioritize providing such funds directly to local communities and counties to address the opioid crisis in areas of unmet need and after subsection (c); and
 (6)by adding at the end the following:  (h)Tribal entityIn this section, the term Tribal entity means an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), a tribal organization (as defined in such section), or a consortium of such a tribe and organization..
 (b)Additional amounts for fiscal year 2018In addition to amounts otherwise made available for grants under section 1003(c) of the 21st Century Cures Act (42 U.S.C. 290ee–3 note) for fiscal year 2018, there are appropriated $1,500,000,000 for such grants in such fiscal year, of which, $500,000,000 shall be used for grants under section 1003(c)(3) of such Act.


I
108th CONGRESS
2d Session
H. R. 4909
IN THE HOUSE OF REPRESENTATIVES

July 22, 2004
Mr. Green of Wisconsin (for himself, Mr. Souder, Mr. Ehlers, Mr. Radanovich, and Mr. Pitts) introduced the following bill; which was referred to the Committee on Government Reform

A BILL
To establish the Office of Faith-Based and Community Initiatives.

1.Short titleThis Act may be cited as the Tools for Community Initiatives Act.
2.EstablishmentThere is established in the Executive Office of the President the Office of Faith-Based and Community Initiatives (hereafter referred to as the Office).
3.Director
(a)DirectorThe head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President.
(b)Pay of DirectorSection 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item:

Director of the Office of Faith-Based and Community Initiatives..
(c)Interim DirectorThe individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a).
4.Responsibilities
(a)In generalThe Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law.
(b)Specific dutiesIn carrying out the responsibilities of the Office, the Director shall—
(1)develop, lead, and coordinate policies with respect to faith-based and community initiatives;
(2)support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families;
(3)work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding;
(4)ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives;
(5)help to integrate policies affecting faith-based and other community organizations across the Federal Government;
(6)coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships;
(7)encourage private charitable giving to support faith-based and community initiatives;
(8)advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives;
(9)provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives;
(10)develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society;
(11)showcase and herald innovative grassroots nonprofit organizations and civic initiatives;
(12)work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems;
(13)monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith-Based and Community Initiatives established within certain departments and agencies of the Federal Government; and
(14)work to establish high standards of excellence and accountability for faith-based and community initiatives.
5.Administration
(a)OfficersThe President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office.
(b)StaffThe Director may appoint such employees as necessary to carry out the functions of the Office.
(c)ResourcesThe President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office.
(d)Other departments and agencies
(1)Designated department or agency liaison
(A)In generalThe head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office.
(B)Designated department or agencyFor the purposes of this paragraph, designated department or agency means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies:
(i)The Department of Education.
(ii)The Department of Labor.
(iii)The Department of Justice.
(iv)The Department of Health and Human Services.
(v)The Department of Housing and Urban Development.
(vi)The Department of Agriculture.
(vii)The Agency for International Development.
(viii)The Department of Commerce.
(ix)The Department of Veterans Affairs.
(x)The Small Business Administration.
(2)Obtaining official dataThe Office may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director, the head of that department or agency shall furnish that information to the Office.


113 S1735 IS: Self-Insurance Protection Act
U.S. Senate
2013-11-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1735IN THE SENATE OF THE UNITED STATESNovember 19, 2013Mr. Alexander (for himself, Mr. Risch, Mr. Rubio, Mr. Crapo, Mr. Coburn, Mr. Enzi, Mr. Cornyn, Mr. Barrasso, Mr. Boozman, and Mr. McConnell) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to exclude from the definition of health insurance coverage certain medical stop-loss insurance obtained by certain plan sponsors of group health plans. 1.Short titleThis Act may be cited as the Self-Insurance Protection Act.2.Certain medical stop-loss insurance obtained by certain plan sponsors of group health plans not included under the definition of health insurance coverage(a)PHSASection 2791(b)(1) of the Public Health Service Act (42 U.S.C. 300gg–91(b)(1)) is amended by adding at the end the following new sentence: Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor..(b)ERISASection 733(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)(1)) is amended by adding at the end the following new sentence: Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor..(c)IRCSection 9832(b)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: Such term shall not include a stop loss policy obtained by a self-insured health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop loss policy obtained by such plan or sponsor..


116 S2468 IS: Workers' Right to Training Act
U.S. Senate
2019-09-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2468
		IN THE SENATE OF THE UNITED STATES

			September 11, 2019
			Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To require employers to provide training to employees whose jobs are in danger of being changed or
			 replaced due to technology, and for other purposes.

		1.Short title
 This Act may be cited as the Workers' Right to Training Act.
 2.DefinitionsIn this Act: (1)Affected employeeThe term affected employee means an employee who may reasonably be expected to experience a change in employment position or an employment loss as a consequence of the use of technology by the employer of the employee.
 (2)Change in employment positionThe term change in employment position means a material change— (A)in pay or benefits, working conditions, or schedule of an employee; or
 (B)that results in an unreasonable commute for the employee. (3)Committee of employeesThe term committee of employees means a committee of nonsupervisory, nonmanagerial employees of an employer.
 (4)EmployeeThe term employee means any individual who provides labor or services for remuneration by an employer, unless the employer demonstrates that all of the following conditions are satisfied:
 (A)The individual is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
 (B)The individual performs work that is outside the usual course of the hiring entity’s business. (C)The individual is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
				(5)Employer
 (A)In generalThe term employer means any business enterprise, including the nominal employer and any entity that is a parent of, or is integrated with, the business enterprise, that—
 (i)is engaged in interstate commerce or in the production of goods or services for interstate commerce; and
					(ii)
 employs not less than 25 employees, including part-time employees. (B)Multiple employersTwo or more business enterprises shall each be considered an employer with respect to an employee, if each such business enterprise codetermines or shares control over the employee’s essential terms and conditions of employment. In determining whether multiple business enterprises are employers of an employee—
 (i)it shall be relevant to consider whether each enterprise has— (I)direct control and indirect control over the terms and conditions of the employee;
 (II)reserved authority to control such terms and conditions; and
 (III)control over such terms and conditions exercised by a person in fact; and
 (ii)the existence of indirect control or reserved authority alone by a business enterprise may be sufficient to establish the employer relationship, given specific facts and circumstances.
 (C)DefinitionsFor the purposes of this paragraph: (i)IntegratedThe term integrated, when used with respect to a business enterprise, means a business enterprise whose relationship with another business enterprise includes—
 (I)common ownership; (II)common directors or officers;
 (III)de facto exercise of control;
 (IV)unity of personnel policies emanating from a common source; or
 (V)dependency of operations. (ii)ParentThe term parent means a business enterprise that participates directly or indirectly in making decisions that affect employees of another business enterprise.
 (6)Employment lossThe term employment loss means— (A)an employment termination, other than a discharge for cause, voluntary departure, or retirement; or
 (B)a reduction in hours of work of more than 50 percent during each month of any 6-month period. (7)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (8)Recognized postsecondary credentialThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (9)Registered apprenticeshipThe term registered apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (10)RepresentativeThe term representative means an exclusive representative of employees within the meaning of section 9(a) or 8(f) of the National Labor Relations Act (29 U.S.C. 159(a), 158(f)) or section 2 of the Railway Labor Act (45 U.S.C. 152).
			(11)Technology
 (A)In generalThe term technology means a computerized process used to create value at a business enterprise, including automation, artificial intelligence, robotics, personal computing, information technology, and e-commerce.
 (B)RegulationsThe Secretary of Labor, in consultation with the Secretary of Commerce, shall promulgate regulations further defining the term technology for purposes of this Act.
				3.Bargaining and notice required before use of employment-changing or employment-eliminating
			 technology
			(a)Bargaining with employees before use of employment-Changing or employment-Eliminating technology
 (1)In generalNot later than 180 days before providing any notices under subsection (b), an employer that intends to use technology that will result in a change in employment position or an employment loss to any employees of the employer shall engage in bargaining with such employees through their chosen representative in order to ensure the technology is procured and implemented in a way that incorporates the skills and roles of the employees of the employer.
 (2)Chosen representativesAn employer shall carry out the bargaining required under paragraph (1) with— (A)in the case of affected employees who are represented by a labor organization for purposes of collective bargaining, a representative from the labor organization; or
 (B)in the case of affected employees who are not represented by a labor organization for purposes of collective bargaining, with a committee of employees who are elected by their peers for purposes of the bargaining.
					(3)Mediation upon failure to agree
 (A)RequestIf an employer and the chosen representative of employees are unable to obtain an agreement under paragraph (1) by 180 days after the commencement of the bargaining, the parties shall notify the Federal Mediation and Conciliation Service of the failure to reach agreement and request mediation.
 (B)Role of serviceThe Federal Mediation and Conciliation Service shall, upon receiving a request under subparagraph (A), promptly communicate with the parties and work to bring the parties to agreement through mediation and conciliation.
 (4)Interaction with NLRAA committee of employees constituted for purposes of this subsection shall not be found to constitute a labor organization, as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152).
				(b)Notice to employees for change in employment positions
 (1)In generalAn employer that intends to use technology that will result in a change in employment position for one or more employees of the employer shall, not later than 180 days before any such change in employment position, provide written notice signed by the employer’s authorized representative—
 (A)of the technology, including a description of the technology, and the impact of the technology on employment positions, including which employment positions will be impacted and whether any new positions will be created; and
 (B)regarding the required training that the employer will provide under section 4. (2)Provision of noticeThe written notice under paragraph (1) shall be—
 (A)provided to each chosen representative of the affected employees, as of the date of the notice, and to each affected employee;
 (B)distributed electronically if the employer customarily communicates with its employees through electronic communications; and
 (C)posted publicly in conspicuous locations in the workplace, including all places where notices to employees are commonly posted by the employer.
 (c)Notice to employees subject to an employment lossAn employer that intends to use technology that will cause an employment loss for one or more employees of the employer shall, not later than 270 days before any such employment loss, provide and post written notice that includes the information described in subsection (b)(1), in the same manner as described in subsection (b)(2).
			4.Required training and benefits
			(a)Changes in employment position
 (1)In generalAn employer who is required under section 3(b) to provide notice of technology that will result in a change in employment position and require different skills due to the use of technology for one or more employees shall, beginning not later than 180 days before changing employee positions due to technology, provide on-the-job training described in paragraph (2) to each affected employee who will be impacted by the technology.
 (2)Type of trainingThe training provided under paragraph (1) shall— (A)be training that prepares the employee to be able to fulfill the new duties of the position, without regard to the length of time the training will take; and
 (B)be supplemented, as necessary, by employer-paid training— (i)through a registered apprenticeship program;
 (ii)that leads to a recognized postsecondary credential (which may be an industry-recognized credential) offered by an institution of higher education; or
 (iii)that leads to an industry-recognized credential offered by a nonprofit organization that is an eligible provider under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
						(b)Employment loss
 (1)Priority and trainingAn employer who is required under section 3(c) to provide notice of technology that will result in employment loss for one or more employees of the employer shall—
 (A)give hiring priority to affected employees for any new or open positions of the employer for 1 year after the date of the notice;
 (B)beginning not later than 180 days before the employment loss, provide job training described in paragraph (2) for not less than 1 year to prepare the employee for—
 (i)another position with the employer that provides wages comparable to the employee’s original position; or
 (ii)an occupation that provides wages comparable to the employee’s original position with a different employer; and
 (C)on the day that the employee experiences the employment loss, provide the affected employee with 6 months of severance pay, in a total amount equal to 6 months of the employee's wages in the employee's prior position.
					(2)Type of training
 (A)In generalThe training provided under paragraph (1) (except for training described in paragraph (1)(B)(ii)) shall be training that is—
 (i)chosen by the employee; and (ii)provided at the worksite or supplemented as necessary by employer-paid training—
 (I)through a registered apprenticeship program; or (II)that leads to a recognized postsecondary credential offered by an institution of higher education.
 (B)Offsite training rulesIf training required under subparagraph (A) is supplemented by offsite training, then the employer shall permit the employee to participate in that training during work hours, as long as the employee works a minimum of 15 hours a week.
 (C)Training for a new occupationIn the case of an employer who chooses to provide training under paragraph (1)(B)(ii) to an affected employee, the employer shall provide the employee with a voucher of $8,000 that the employee may use at any eligible provider of training services under section 122 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152).
					(c)Basic skills training
 (1)In generalIf an employee subject to a change in employment position or employment loss would need, in addition to job training for a new position, additional basic skills (such as a high school diploma or its equivalent) to meet the requirements for the new employment position, the employer of the employee shall provide the employee with 180 days of training to assist the employee in gaining the minimum basic skills necessary.
 (2)Interaction with other trainingBasic skills training provided to an employee under this subsection, and the 180-day period for its provision, shall be in addition to any other training to which the employee has a right under this Act.
 (3)Location of trainingThe basic skills training provided under paragraph (1) may be provided through an on-site or off-site basic skills program.
 (d)No reduction in payAn employer shall provide any training required under subsection (a), (b), or (c) during the affected employee's work hours and shall not reduce an employee's pay or benefits while the employee is receiving training.
 (e)Social Security Administration documentationAn employer that provides an affected employee with any compensation under this section shall submit documentation to the Social Security Administration to ensure that any compensation distributed to employees under this Act is allocated to the appropriate calendar year.
 5.Protections for employeesNo employer shall discharge or in any manner discriminate against any employee of the employer with respect to the employee's compensation, terms, conditions, or other privileges of employment because—
 (1)the employee has received training or severance pay under this Act; or (2)the employee (or an individual acting at the request of the employee) has—
 (A)requested new employment for the employee with the employer under this Act; or (B)otherwise asserted or sought to enforce the employee's rights under this Act.
				6.Administration and enforcement of requirements
			(a)Civil actions against employers
				(1)Violations of notice, pay, and training requirements
 (A)In generalAn affected employee aggrieved of a violation of section 3, 4, or 5 by an employer, or the chosen representative of such affected employee, may bring a civil action in accordance with this subsection.
 (B)RemediesA court shall award an affected employee who prevails in a civil action brought under subparagraph (A)—
 (i)subject to subparagraphs (C) and (D)— (I)any back pay or unpaid wages due to the employee because of the violation, at a rate of compensation not less than the higher of—
 (aa)the average regular rate received by such employee during the last year of the employee's employment before the violation; or
 (bb)the final regular rate received by such employee before the violation; (II)the cost of any benefits lost under an employee benefit plan described in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) due to the violation, including the cost of medical expenses incurred during an employment loss that would have been covered under an employee benefit plan if the violation had not occurred; and
 (III)any amounts due the employee under section 4(b)(1)(C); (ii)any such amounts as appropriate to remedy any violation of this Act, including any punitive and consequential economic damages, that the court determines appropriate; and
 (iii)any equitable relief, including injunctive relief, the court determines necessary to remedy the violation of this Act, which, for a violation of section 5, may include employment, reinstatement, promotion, or any other appropriate relief.
 (C)PeriodThe amount of damages under subparagraph (B)(i) shall be calculated for the period of the violation, up to a maximum of 60 days, but in no event for more than one-half the number of days the employee was employed by the employer.
 (D)Reductions in liabilityThe amount of damages— (i)under subparagraph (B)(i)(I) shall be reduced by—
 (I)any wages paid by the employer to the employee for the period of the violation; (II)any voluntary and unconditional payment by the employer to the employee that is not required by any legal obligation; and
 (III)any payment by the employer to a third party or trustee (such as premiums for health benefits or payments to a defined contribution pension plan) on behalf of and attributable to the employee for the period of the violation; and
 (ii)under subparagraph (B)(i)(II) may be reduced by crediting the employee with service for all purposes under a defined benefit pensions plan for the period of the violation.
 (2)VenueAn employee or a representative of an employee may bring a civil action under paragraph (1) on behalf of the employee, other similarly situated employees, or both, in—
 (A)the judicial district in which the employer has its principal office; or (B)a judicial district in which—
 (i)(I)the violation is alleged to have occurred;
 (II)the employment records relevant to such practice are maintained and administered; or
 (III)the aggrieved individual would have worked but for the alleged unlawful employment practice; and
 (ii)the employer is found. (3)Attorney's feesThe court shall award an attorney's fee (including expert fees) that the court determines reasonable as part of the costs to a prevailing party in a civil action under paragraph (1).
 (4)Limitation on private action while action of Secretary is pendingIf the Secretary or the attorney general of a State has instituted an enforcement action under subsection (b), an individual employee may not bring an action under this subsection during the pendency of the proceeding against any person with respect to whom the Secretary has instituted the proceeding.
				(b)Enforcement actions
				(1)Actions by the Secretary
 (A)Civil actionsThe Secretary may bring an action in any court of competent jurisdiction to recover on behalf of an employee remedies described in subsection (a)(1).
 (B)Sums recoveredAny sums recovered by the Secretary on behalf of an employee under subsection (a)(1) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be credited as an offsetting collection to the appropriations account of the Secretary for expenses for the administration of this Act and shall remain available to the Secretary until expended.
 (C)Action to compel relief by SecretaryThe district courts of the United States shall have jurisdiction, for cause shown, over an action brought by the Secretary to restrain the withholding of payment of back pay, benefits, or other compensation, plus interest, found by the court to be due to employees under this Act.
 (2)State enforcementIn any case in which the attorney general of a State has reason to believe that an interest of employees of that State has been or is threatened or adversely affected by a violation of this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the employees of the State in an appropriate State court or district court of the United States to obtain any relief described in paragraph (1)(A) on behalf of residents in the State. Any sums recovered by the State shall be administered by the attorney general of the State in the same manner as described in paragraph (1)(B).
				(c)Civil fines
 (1)In generalAny employer who violates the provisions of section 3, 4, or 5 shall be subject to a civil fine, assessed by the Secretary of Labor, of not more than $5,000 for each employee and for each day of such violation.
 (2)Rule of constructionNothing in paragraph (1) shall be construed to preclude an employee of an employer assessed a civil fine under such paragraph from bringing a civil action against the employer under subsection (a).
 (3)Good faithIf an employer that has violated this Act proves to the satisfaction of the court that the act or omission that violated this Act was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this Act, the court may, in its discretion, reduce the civil fine under this subsection.
				7.Rules regarding rights and remedies
			(a)Rights and remedies not subject to waiver
 (1)In generalThe rights and remedies provided under this Act (including the right to maintain a civil action) may not be waived, deferred, or lost pursuant to any agreement or settlement other than an agreement or settlement described in paragraph (2).
 (2)Agreement or settlementAn agreement or settlement referred to in paragraph (1) is an agreement or settlement negotiated by the Secretary, an attorney general of any State, a private attorney on behalf of affected employees, or a designated representative of affected employees under the National Labor Relations Act (29 U.S.C. 151 et seq.) or the Railway Labor Act (45 U.S.C. 151 et seq.).
 (b)Interaction with other rights and remediesThe rights and remedies provided to employees by this Act are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this Act shall run concurrently with any period of notification required by contract or by any other statute.
 (c)Effect on other lawsThe giving of notice pursuant to this Act, if done in good faith compliance with this Act, shall not constitute a violation of the National Labor Relations Act (29 U.S.C. 151 et seq.) or the Railway Labor Act (45 U.S.C. 151 et seq.).
			8.Limited regulatory authority
 (a)In generalExcept as provided in section 2(11)(B), the Secretary of Labor shall not have authority to promulgate regulations to carry out this Act. The Secretary of Labor may provide guidance that describes—
 (1)the methods by which employers may provide for appropriate service of notice of bargaining period under section 3(a) and notice of change in employment position or loss of employment under subsection (b) or (c) of section 3 to employees and to representatives of employees;
 (2)how an employer may comply with the requirement to publicly post such notice under subsections (b) and (c) of section 3; and
 (3)what constitutes good faith under section 6(c)(3) for employers. (b)Methods of notice to affected employeesThe mailing of notice to an employee's last known address or inclusion of notice in the employee's paycheck will be considered acceptable methods for fulfillment of the employer's obligation to give notice to each affected employee under subsections (b)(2)(A) and (c) of section 3.
			9.Exemption of certain payments related to employment loss from gross income
 (a)In generalPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 103 the following new section:

					103A.Certain payments related to employment loss
 (a)In generalIn the case of an employee who has experienced an employment loss, gross income shall not include any of the following amounts related to such employment loss:
 (1)Any severance pay provided pursuant to section 4(b)(1)(C) of the Workers' Right to Training Act. (2)Any amount received as a voucher for training services pursuant to section 4(b)(2)(C) of such Act.
 (3)Any back pay awarded by court pursuant to section 6(a)(1)(B)(i)(I) of such Act. (b)DefinitionsThe terms employee, employer, and employment loss have the same meaning given such terms under section 2 of the Workers' Right to Training Act..
 (b)Conforming amendmentThe table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 103 the following new item:
				Sec. 103A. Certain payments related to employment loss..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019.


		I
		111th CONGRESS
		1st Session
		H. R. 2280
		IN THE HOUSE OF REPRESENTATIVES

			May 6, 2009
			Ms. Hirono (for
			 herself, Mr. Terry,
			 Mr. Kissell,
			 Mr. Young of Alaska,
			 Mr. McIntyre,
			 Mrs. Capps,
			 Mr. Gonzalez,
			 Mr. Dicks,
			 Mr. Costello,
			 Mr. Larsen of Washington, and
			 Mr. Sires) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To reauthorize the impact aid program under the
		  Elementary and Secondary Education Act of 1965.

		1.Short titleThis Act may be cited as the
			 Fair Funding for Schools Act of
			 2009.
		2.Payments relating
			 to Federal acquisition of real propertySection 8002 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7702) is amended—
			(1)in subsection
			 (a)(1)(C), by amending the matter preceding clause (i) to read as
			 follows:

					(C)had an assessed value (according to
				original records (including facsimiles or other reproductions of those records)
				documenting the assessed value of such property (determined as of the time or
				times when so acquired) prepared by a legally authorized official or other
				records that the Secretary determines to be appropriate and reliable, including
				Federal agency records or local historical records) aggregating 10 percent or
				more of the assessed value
				of—
					;
			(2)in subsection (f)
			 by striking paragraphs (4) and (5);
			(3)in subsection (h)
			 by striking paragraphs (1) through (4) and inserting the following:

					(1)Foundation
				payments for current eligible local educational agencies
						(A)In
				generalThe Secretary shall first make a foundation payment to
				each local educational agency that was eligible for a payment under this
				section for fiscal year 2006.
						(B)AmountThe
				amount of payment under subparagraph (A) for a local educational agency shall
				be equal to 90 percent of the amount received by such local educational agency
				under subsection (a) for fiscal year 2006.
						(C)Insufficient
				appropriationsIf the amount appropriated under section 8014(a)
				is insufficient to pay the full amount determined under this paragraph for all
				eligible local educational agencies for the fiscal year, then the Secretary
				shall ratably reduce the payment to each local educational agency under this
				paragraph.
						(2)Foundation
				payments for local educational agencies deemed eligible after fiscal year
				2006
						(A)In
				generalFrom the funds remaining after making payments under
				paragraph (1), the Secretary shall make a foundation payment to each local
				educational agency eligible for a payment under this section after fiscal year
				2006 for the first fiscal year after fiscal year 2006 such local educational
				agency is eligible for such payment.
						(B)AmountsThe
				amount of a payment under subparagraph (A) for a local educational agency shall
				be determined as follows:
							(i)Calculate the local
				educational agency’s maximum payment under subsection (b).
							(ii)Calculate the
				percentage that the amount appropriated under section 8014(a) for the most
				recent fiscal year for which the Secretary has completed making payments under
				this section is of the total maximum payments for such fiscal year for all
				eligible local educational agencies and multiply the agency’s maximum payment
				by such percentage.
							(iii)Multiply the
				amount determined under clause (ii) by 90 percent.
							(3)Remaining
				fundsFrom any funds remaining after making payments under
				paragraphs (1) and (2) for a fiscal year, the Secretary shall make a payment to
				each local educational agency that receives a foundation payment under
				paragraph (1) or (2) for the fiscal year in an amount that bears the same
				relation to the funds remaining as a percentage share determined for the local
				educational agency (by dividing the maximum amount that the agency is eligible
				to receive under subsection (b) by the total of the maximum amounts for all
				such agencies) bears to the percentage share determined (in the same manner)
				for all local educational agencies eligible to receive a payment under this
				section for the fiscal year, except that, for the purpose of calculating a
				local educational agency’s maximum payment under subsection (b), data from the
				most current fiscal year shall be
				used.
					;
			(4)by striking
			 subsections (i), (k), and (m); and
			(5)by redesignating
			 subsection (l) and (n) as (i) and (j), respectively.
			3.Payments for
			 eligible federally connected childrenSection 8003 of that Act (20 U.S.C. 7703) is
			 amended—
			(1)in subsection
			 (a)—
				(A)in paragraph (1),
			 in the matter preceding subparagraph (A), by inserting after such
			 agency, the following: including those children enrolled in a
			 State that has a State open enrollment policy (but not including children
			 enrolled in a distance learning program not residing within the geographic
			 boundaries of the agency),;
				(B)in paragraph
			 (2)—
					(i)by
			 redesignating subparagraphs (D) through (F) as (E) through (G),
			 respectively;
					(ii)by
			 inserting after subparagraph (C) the following:

							(D)Multiply the number
				of children described in subparagraphs (A) and (B) of paragraph (1) by a factor
				of 1.35 if the local educational agency has a total student enrollment of not
				less that 25,000 students, of which not less than 50 percent are children
				described in paragraph (1) and not less than 6,000 are children described in
				subparagraphs (A) and (B) of paragraph
				(1).
							;
				and
					(iii)in
			 subparagraph (F) (as so redesignated) by striking .10 and
			 inserting .05;
					(C)in paragraph
			 (4)(B), in each of clauses (i)(I) and (ii)(I), by striking 3 fiscal
			 years and inserting 4 fiscal years; and
				(D)in paragraph
			 (5)(A) by inserting after 1984, the following: or under
			 lease of off-base property under subchapter IV of chapter 169 of part IV on
			 subtitle A of title 10, United States Code (10 U.S.C. 2871 et.
			 seq.),;
				(2)subsection
			 (b)(2)—
				(A)in subparagraph
			 (B)—
					(i)in
			 the subparagraph heading by striking continuing;
					(ii)in
			 clause (i) by striking subclauses (I) and (II) and inserting the
			 following:

							(I)is a local
				educational agency whose boundaries are the same as a Federal military
				installation or the boundaries are the same as island property designated by
				the Secretary of the Interior to be property that is held in trust by the
				Federal Government and the agency has no taxing authority, or the
				agency;
							(II)has an enrollment
				of children described in subsection (a)(1) that constitutes a percentage of the
				total student enrollment of the agency that is not less than 40 percent;
							(III)has a per-pupil
				expenditure that is less than—
								(aa)for
				a local educational agency that has a total student enrollment of 350 or more
				students, 120 percent of the average per-pupil expenditure of the State in
				which the agency is located; or
								(bb)for
				a local educational agency that has a total student enrollment of less than
				350—
									(AA)120 percent of
				the average per-pupil expenditure of the State in which the agency is located;
				or
									(BB)the average
				per-pupil expenditure of 3 comparable local educational agencies in the State
				in which the agency is located;
									(IV)has a tax rate
				for general fund purposes that is at least 95 percent of the average tax rate
				for general fund purposes of comparable local educational agencies in the
				State;
							(V)for a local
				educational agency that has an enrollment of children described in subsection
				(a)(1) that constitutes a percentage of the total student enrollment of the
				agency which is not less than 30 percent, and has a tax rate for general fund
				purposes which is not less that 125 percent of the average tax rate for general
				fund purposes for comparable local educational agencies in the State;
				and
							(VI)for a local
				educational agency that was eligible to receive a payment under this subsection
				for fiscal year 2008 and is located in a State that by State law has eliminated
				ad valorem tax as a revenue source for local educational agencies, the
				Secretary shall consider such agency as meeting the requirements of subclause
				(IV).
							;
				and
					(iii)by
			 adding at the end of the following:

							(iv)Special
				ruleNotwithstanding clause (i)(II), a local educational agency
				shall be considered eligible to receive a basic support payment under
				subparagraph (A) with respect to the number of children determined under
				subsection (a)(1) if the agency—
								(I)has an enrollment
				of children described in subsection (a)(1), including, for purposes of
				determining eligibility, those children described in subparagraphs (F) and (G)
				of such subsection, that constitutes a percentage of the total student
				enrollment of the agency that is not less than 35 percent; and
								(II)was eligible to
				receive assistance under subsection (b)(2) for fiscal year
				2001.
								;
					(B)by striking
			 subparagraphs (C), (D), and (E);
				(C)by inserting after
			 subparagraph (B) the following:

						(C)Maximum amount
				for heavily impacted local educational agencies
							(i)In
				generalThe maximum amount that a heavily impacted local
				educational agency is eligible to receive under this paragraph for any fiscal
				year is the sum of the total weighted student units, as computed under
				subsection (a)(2) and subject to clause (ii), multiplied by the greater
				of—
								(I)four-fifths of the
				average per-pupil expenditure of the State in which the local educational
				agency is located for the third fiscal year preceding the fiscal year for which
				the determination is made; or
								(II)four-fifths of
				the average per-pupil expenditure of all of the States for the third fiscal
				year preceding the fiscal year for which the determination is made.
								(ii)Special
				rule(I)(aa)For a local educational agency with respect
				to which 35 percent or more of the total student enrollment of the schools of
				the agency are children described in subparagraphs (D) or (E) (or a combination
				thereof) of subsection (a)(1), and has an enrollment of children described in
				subparagraphs (A), (B), or (C) of such subsection equal to at least 10 percent
				of the agency’s total enrollment, the Secretary shall calculate the weighted
				student units of those children described in subparagraphs (D) or (E) of such
				subsection by multiplying the number of such children by a factor of
				0.55.
									(bb)For any local educational agency that
				received a payment under this clause for fiscal year 2006, the local
				educational agency shall not be required to have an enrollment of children
				described in subparagraph (A), (B), or (C) of such subsection equal to at least
				10 percent of the agency’s total enrollment.
									(II)For
				a local educational agency that has an enrollment of 100 or fewer children
				described in subsection (a)(1), the Secretary shall calculate the total number
				of weighted student units for purposes of subsection (a)(2) by multiplying the
				number of such children by a factor of 1.75.
								(III)For a local educational agency that
				does not qualify under subparagraph (B)(i)(I) of this subsection and has an
				enrollment of more than 100 but not more than 1000 children described in
				subsection (a)(1), the Secretary shall calculate the total number of weighted
				student units for purposes of subsection (a)(2) by multiplying the number of
				such children by a factor of
				1.25.
								;
				(D)by redesignating
			 subparagraph (F) as (D) and, in that subparagraph—
					(i)by
			 striking clause (ii);
					(ii)by
			 striking ; and at the end of clause (i) and inserting a period;
			 and
					(iii)by
			 striking the Secretary and all that follows through shall
			 use and inserting the Secretary shall use;
					(E)by redesignating
			 subparagraph (G) as (E) and, in that subparagraph, in the matter preceding
			 clause (i), by striking (C)(i)(II)(bb) and inserting
			 (B)(i)(II)(bb);
				(F)by redesignating
			 subparagraph (H) as (F) and, in that subparagraph—
					(i)in
			 clause (i)—
						(I)by striking
			 (B), (C), (D), or (E), and inserting (B) or
			 (C),;
						(II)by striking
			 by reason of and inserting due to;
						(III)by inserting
			 after clause (iii), the following: or as the direct
			 result of base realignment and closure or modularization as determined by the
			 Secretary of Defense and force structure change or force relocation,;
			 and
						(IV)by inserting
			 before the period at the end the following: or during such time as
			 activities associated with base closure and realignment, modularization, force
			 structure change, or force relocation is ongoing; and
						(ii)in
			 clause (ii) by striking (D) or (E) in both places such term
			 appears and inserting (C);
					(3)in subsection
			 (b)(3)(B)—
				(A)by redesignating
			 clause (iv) as (v); and
				(B)by inserting after
			 clause (iii) the following:

						(iv)For any local
				educational agency that is providing a program of distant learning to children
				not residing within the geographic boundaries of the agency, the Secretary
				shall disregard such children from such agency’s total enrollment when
				calculating the percentage under subclause (I) of clause (i) and shall
				disregard any funds received for such children when calculating the total
				current expenditures attributed to the operation of such agency when
				calculating the percentage under subclause (II) of clause
				(i).
						;
				(4)in subsection
			 (b)(3)(C) by striking or (E) of paragraph (2), as the case may
			 be and inserting of paragraph (2).
			(5)in subsection
			 (b)(3), by amending subparagraph (D) to read as follows:

					(D)Ratable
				distributionFor any fiscal year described in subparagraph (A)
				for which the sums available exceed the amount required to pay each local
				educational agency 140 percent of its threshold payment the Secretary shall
				distribute the excess sums to each eligible local educational agency that has
				not received its full amount computed under paragraphs (1) or (2) (as the case
				may be) by multiplying—
						(i)a
				percentage, the denominator of which is the difference between the full amount
				computed under paragraphs (1) or (2) (as the case may be) for all local
				educational agencies and the amount of the threshold payment as calculated
				under subparagraphs (B) and (C) of all local educational agencies, and the
				numerator of which is the aggregate amount of the excess sums by:
						(ii)the difference
				between the full amount computed under paragraphs (1) or (2) (as the case may
				be) for the agency and the amount of the threshold payment as calculated under
				subparagraphs (B) and (C) of the
				agency.
						;
			(6)in subsection (c)
			 by amending paragraph (2) to read as follows:

					(2)ExceptionCalculation
				of payments for a local educational agency shall be based on data from the
				fiscal year for which the agency is making an application for payment if such
				agency—
						(A)is newly
				established by a State, for the first year of operation of such agency only;
				or
						(B)was eligible to receive a payment under
				this section for the previous fiscal year and has had an overall increase in
				enrollment (as determined by the Secretary of Education in consultation with
				the Secretary of Defense, the Secretary of Interior, or the heads of other
				Federal agencies)—
							(i)of not less than
				10 percent, or 100 students, of children described in—
								(I)subparagraph (A),
				(B), (C), or (D) of subsection (a)(1); or
								(II)subparagraph (F)
				or (G) of subsection (a)(1), but only to the extent such children are civilian
				dependents of employees of the Department of Defense or the Department of the
				Interior; and
								(ii)that is the
				direct result of closure or realignment of military installations under the
				base closure process or the relocation of members of the Armed Forces and
				civilian employees of the Department of Defense as part of force structure
				changes or movements of units or personnel between military installations or
				because of actions initiated by the Secretary of Interior or the head of
				another Federal
				agency.
							;
			(7)in subsection (e)
			 by striking paragraphs (1) and (2) and inserting the following:

					(1)In
				generalSubject to paragraph (2), the total amount the Secretary
				shall pay a local education agency—
						(A)for fiscal year
				2009, shall be not less than 95 percent of the total amount that the local
				educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii)
				for fiscal year 2008;
						(B)for fiscal year
				2010, shall be not less than 90 percent of the total amount that the local
				educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii)
				for fiscal year 2008; and
						(C)for fiscal year
				2011, shall be not less than 85 percent of the total amount that the local
				educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii)
				for fiscal year 2008 of which such amount shall be considered a foundation
				payment for each succeeding fiscal year until such time as the agency’s maximum
				payment as determined under paragraphs (1) or (2) of subsection (b), as the
				case may be, exceeds the amount provided for under this subparagraph.
						(2)Ratable
				reduction
						(A)In
				generalIf the sums made available under this title for any
				fiscal year are insufficient to pay the full amounts that all local educational
				agencies in all States are eligible to receive under paragraph (1) for such
				fiscal year, then the Secretary shall ratably reduce the payments to all
				agencies for such year.
						(B)Additional
				fundsIf additional funds become available for making payments
				under paragraph (1) for such fiscal year, payments that were reduced under
				subparagraph (A) shall be increased on the same basis as such payments were
				reduced.
						;
				and
			(8)by striking
			 subsection (g).
			4.Application for
			 payments under sections 8002 and 8003Section 8005 of that Act (20 U.S.C. 7705) is
			 amended by inserting a new subsection (e) as follows:

				(e)For the purpose of
				meeting the requirements of section 222.35 of the Code of Federal Regulations,
				the Secretary shall establish a third option for an applicant when counting its
				federally connected children by using the date established by the applicant to
				register the students of such applicant for the fiscal year for which the
				application is
				filed.
				.
		5.ConstructionSection 8007 of that Act (20 U.S.C. 7707) is
			 amended—
			(1)in subsection
			 (a)—
				(A)in paragraph (1),
			 by striking 40 percent and inserting 80
			 percent.;
				(B)in paragraph (2)
			 by adding at the end the following:

						(C)The agency is
				eligible under section 8003(b)(2) or is receiving a basic support payment under
				circumstances described in section 8003
				(b)(2)(B)(ii).
						;
				and
				(C)by striking
			 paragraph (3) and inserting the following:

						(2)Amount of
				payments
							(A)Local education
				agencies impacted by military dependent childrenThe amount of a
				payment to each local educational agency described in this subsection that is
				impacted by military dependent children for a fiscal year shall be equal
				to—
								(i)(I)40 percent of the amount
				appropriated under section 8014(e) for such fiscal year; divided by
									(II)the number of children described in
				subparagraphs (B) and (D)(i) of section (8003)(a)(1) who were in average daily
				attendance for all local educational agencies described in paragraph (2),
				including the number of children attending a school facility described in
				section 8008(a) if the Secretary does not provide assistance for the school
				facility under that section for the fiscal year; multiplied by
									(ii)the number of
				children determined for such agency;
									(I)but not less than
				$25,000, except that this subparagraph shall not apply if the amount available
				to carry out paragraph (1) for such fiscal year is less than $32,000,000;
				and
									(II)not more than
				$4,000,000.
									(B)Local
				educational agencies impacted by children who reside on Indian
				landsThe amount of a payment to each local educational agency
				described in the subsection that is impacted by children who reside on Indian
				lands for a fiscal year shall be equal to—
								(i)(I)40 percent of the amount
				appropriated under section 8014(e) for such fiscal year divided by
									(II)the number of children described in
				section 8003(a)(1)(C) who were in average daily attendance for all local
				educational agencies described in paragraph (2); multiplied by—
									(ii)the number of
				children determined for such agency;
									(I)but not less than
				$25,000, except that this subparagraph shall not apply if the amount available
				to carry out paragraph (1) for such fiscal year is less than $32,000,000;
				and
									(II)not more than
				$4,000,000.
									;
				and
				(2)in
			 subsection (b)—
				(A)in paragraph (1),
			 in the matter preceding subparagraph (A), by striking 60 percent
			 and inserting 20 percent;
				(B)in paragraph
			 (3)(A), in the matter preceding clause (i), by inserting after an
			 emergency grant under paragraph (2)(A) the following: if the
			 agency is covered by paragraph (7), or;
				(C)in paragraph
			 (3)(C)(i)(I) by striking the agency meets at least one and all
			 that follows through the period at the end and inserting the number of
			 children determined under section 8003(a)(1)(C) for the agency for the
			 preceding school year constituted at least 40 percent of the total student
			 enrollment in the schools of the agency during the preceding school
			 year.;
				(D)by striking
			 paragraph (3)(D)(ii)(II) and inserting the following:

						(II)The number of children determined under
				section 8003(a)(1)(C) for the school for the preceding school year constituted
				at least 40 percent of the total student enrollment in the school during the
				preceding school
				year.
						.
				(E)in paragraph
			 (4)(C) by striking (A), (B), (C), and (D) and inserting
			 (A) and (C);
				(F)by redesignating
			 paragraph (7) as paragraph (8); and
				(G)by inserting after
			 paragraph (6) the following:

						(7)Special
				ruleNotwithstanding paragraphs (3)(C)(i)(I) and (3)(D)(ii)(II),
				a local educational agency is eligible to receive a grant under this subsection
				not to exceed $4,000,000 in any one fiscal year if such agency—
							(A)was eligible to
				receive a payment under section 8003 for the fiscal year prior to the year for
				which the application is made; and
							(B)has had an overall
				increase in enrollment—
								(i)during the period
				between the end of the school year preceding the fiscal year for which the
				application is made and the beginning of the school year immediately preceding
				that school year;
								(ii)of not less than
				100 students or 10 percent (whichever is lower), are children described
				in—
									(I)subparagraphs (A),
				(B), (C), or (D) of section 8003(a)(1); or
									(II)subparagraphs (F)
				or (G) of section 8003(a)(1), but only to the extent such children are civilian
				dependents of employees of the Department of Defense; and
									(iii)that is the
				direct result of one or more of the following:
									(I)Base realignment
				and closure or global rebasing, as determined by the Secretary of
				Defense.
									(II)Force structure
				changes or force reductions.
									(III)An action
				initiated by the Secretary of Interior or head of another Federal
				agency.
									.
				6.State
			 consideration of payments in providing State aidSection 8009 of that Act (20 U.S.C. 7709) is
			 amended—
			(1)in subsection
			 (b)(1) by inserting before the period at the end the following: and for
			 which the average per-pupil expenditure is equal to or greater than the average
			 per-pupil expenditure of all the States in the third fiscal year preceding the
			 fiscal year for which the State is applying for equalization under this
			 section;
			(2)in subsection
			 (b)(2) by striking subparagraphs (A) and (B) and inserting the
			 following:

					(A)States currently
				qualifying
						(i)In
				generalFor purposes of paragraph (1), a program of State aid for
				any State qualifying under this section for fiscal year 2006 equalizes
				expenditures among local educational agencies if, in the second fiscal year
				preceding the fiscal year for which the determination is made the amount of
				per-pupil expenditures made by, or per-pupil revenues available to, the local
				educational agency in the State with the highest such per-pupil expenditures or
				revenues did not exceed the amount of such per-pupil expenditures made by, or
				per-pupil revenues available to, the local educational agency in the State with
				the lowest such expenditures or revenues by more than 25 percent as calculated
				under clause (ii).
						(ii)Other
				factorsNotwithstanding regulations in effect prior to the date
				of enactment of this subparagraph, in making a determination under this
				subparagraph, the Secretary shall—
							(I)arrange all local
				educational agencies in the State by per-pupil expenditures or revenues in
				descending order from the highest to the lowest;
							(II)using per-pupil
				expenditures or revenues as the only criteria disregard those local educational
				agencies that are spending above the 95th percentile and those spending below
				the 5th percentile;
							(III)identify the
				local educational agency at the 95th percentile and the local educational
				agency at the 5th percentile;
							(IV)subtract the
				amount of per-pupil expenditures or revenues of the local educational agency at
				the 5th percentile from the amount of per-pupil expenditures or revenues of the
				local educational agency at the 95th percentile and divide the difference by
				the per-pupil expenditures or revenues of the local educational agency at the
				5th percentile; and
							(V)take into account
				the extent to which a program of State aid reflects the additional cost of
				providing free public education in particular types of local educational
				agencies, such as those that are geographically isolated, or to particular
				types of students, such as children with disabilities.
							(B)New states
				applicants
						(i)In
				generalFor purposes of
				paragraph (1), a program of State aid for any State qualifying under this
				section after fiscal year 2006 equalizes expenditures among local educational
				agencies if, in the second fiscal year preceding the fiscal year for which the
				determination is made, the amount of per-pupil expenditures made by, or
				per-pupil revenues available to, the local educational agency in the State with
				the highest such per-pupil expenditures or revenues did not exceed the amount
				of such per-pupil expenditures made by, or per-pupil revenues available to, the
				local educational agency in the State with the lowest such expenditures or
				revenues by more than 10 percent as calculated under clause (ii).
						(ii)Other
				factorsNotwithstanding regulations in effect prior to the date
				of the enactment of this subparagraph, in making a determination under this
				subparagraph, the Secretary shall—
							(I)arrange all local
				educational agencies in the State by per-pupil expenditures or revenues in
				descending order from the highest to the lowest;
							(II)using per-pupil
				expenditures or revenues as the only criteria disregard those local educational
				agencies that are spending above the 95th percentile and those spending below
				the 5th percentile;
							(III)identify the
				local educational agency at the 95th percentile and the local educational
				agency at the 5th percentile;
							(IV)subtract the
				amount of per-pupil expenditures or revenues of the local educational agency at
				the 5th percentile from the amount of per-pupil expenditures or revenues of the
				local educational agency at the 95th percentile and divide the difference by
				the per-pupil expenditures or revenues of the local educational agency at the
				5th percentile; and
							(V)take into account
				the extent to which a program of State aid reflects the additional cost of
				providing free public education in particular types of local educational
				agencies, such as those that are geographically isolated, or to particular
				types of students, such as children with
				disabilities.
							;
				and
			(3)in subsection
			 (d)(2)—
				(A)by striking
			 A State and inserting the following:

						(A)In
				generalA State
						;
				and
				(B)by adding at the
			 end of the following:

						(B)States that are
				not equalized statesA State that has not been approved as an
				equalized State under subsection (b) shall not consider funds received under
				section 8002 or section 8003 of this title in any State formula or place a
				limit or direct the use of such
				funds.
						.
				7.DefinitionsSection 8013 of that Act (20 U.S.C. 7713) is
			 amended—
			(1)in paragraph (1)
			 by striking and Marine Corps and inserting Marine Corps,
			 and Coast Guard;
			(2)in paragraph
			 (4)—
				(A)in the first
			 sentence thereof, by striking part (A) of title I and title VI
			 and inserting title I and part A of title V; and
				(B)in the second
			 sentence, by striking be determined and inserting be
			 made;
				(3)in paragraph
			 (5)(A)(iii), by amending subclauses (II) and (III) to read as follows:

					(II)used to provide
				housing for homeless children at closed military installations pursuant to
				section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
				11411);
					(III)used for
				affordable housing assisted under the Native American Housing Assistance and
				Self-Determination Act of 1996 (25 U.S.C. 4101 et
				seq.);
					;
			(4)in paragraph
			 (8)(A), by inserting commas before and after and verified by;
			 and
			(5)in paragraph
			 (9)—
				(A)by amending
			 subparagraph (A) to read as follows:

						(A)In
				generalExcept as provided in subparagraph (B), the term local
				educational agency—
							(i)means a board of
				education or other legally constituted local school authority having
				administrative control and direction of free public education in a county,
				township, independent school district, or other school district; and
							(ii)includes any
				State agency that directly operates and maintains facilities for providing free
				public education;
							that, except for those local
				educational agencies determined to be eligible to receive a payment under
				section 8003 prior to the date of the enactment of the Fair Funding for Schools
				Act of 2009, when submitting an application under this title for the first time
				on or after the date of the enactment of such Act, has the authority to tax and
				has boundaries as defined by applicable State law for the purposes of levying
				such taxes, or has been granted the authority to receive an imputed tax from a
				city, county, township, or other general-purpose political subdivision of a
				State.;
				and
				(B)in subparagraph
			 (B), by inserting a comma after Secretary determines.
				8.Authorization of
			 appropriationsSection 8014 of
			 that Act (20 U.S.C. 7714) is amended—
			(1)in subsection (a)
			 by striking $32,000,000 for fiscal year 2000 and inserting
			 $75,000,000 for fiscal year 2010;
			(2)in subsection (b)
			 by striking $809,400,000 for fiscal year 2000 and inserting
			 $1,225,000,000 for fiscal year 2010;
			(3)in subsection (c)
			 by striking $50,000,000 for fiscal year 2000 and inserting
			 $55,000,000 for fiscal year 2010;
			(4)by redesignating
			 subsection (e) as (d) and, in that subsection, by striking
			 $10,052,000 and all that follows through and such
			 sums and inserting $150,000,000 for fiscal year 2010 and such
			 sums;
			(5)by redesignating
			 subsection (f) as (e) and, in that subsection, by striking $5,000,000
			 for fiscal year 2000 and inserting $10,000,000 for fiscal year
			 2010; and
			(6)by
			 adding at the end of the following:

					(f)Allocation of
				dollars from previous fiscal yearsWhen final payments are made
				for a fiscal year the Secretary shall add any remaining funds to those funds
				appropriated for such section for the next fiscal year for the purpose of
				making payments subject to the provisions of the applicable
				section.
					.
			9.Additional and
			 conforming amendments
			(a)Subpart 20 (20
			 U.S.C. 7281 et seq.) of part D of title V of that Act (relating to additional
			 assistance for certain local educational agencies impacted by Federal property
			 acquisition) is repealed.
			(b)Title VIII of
			 Elementary and Secondary Education Act (20 U.S.C. 7701 et seq.) is further
			 amended—
				(1)in section 8004
			 (20 U.S.C. 7704)—
					(A)in subsection
			 (e)(1)(B)(i), by striking involved, or if and inserting
			 involved or, if;
					(B)in subsection (f),
			 by striking upon and inserting on;
					(2)in section 8008(a)
			 (20 U.S.C. 7708(a)), by striking section 8014(f) and inserting
			 section 8014(e);
				(3)in section 8010
			 (20 U.S.C. 7710)—
					(A)in subsection (b),
			 by striking out require and inserting in lieu thereof
			 need; and
					(B)in subsection
			 (c)(1)—
						(i)in
			 subparagraph (A), by striking paragraph (3) and inserting
			 paragraph (2); and
						(ii)in
			 subparagraph (B), by striking paragraph (3) and inserting
			 paragraph (2); and
						(4)in section 8011(a)
			 (20 U.S.C. 7711 (a)), by striking or under and all that follows
			 through of 1994).


116 S3622 IS: Indian Tribal Government Coronavirus (COVID–19) Disaster Assistance Cost Share Relief Act
U.S. Senate
2020-05-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3622IN THE SENATE OF THE UNITED STATESMay 6, 2020Mr. Heinrich (for himself, Mr. Udall, Ms. Murkowski, Mr. Sullivan, Mr. Blumenthal, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo waive the cost share requirement for Indian Tribes receiving disaster assistance relating to COVID–19, and for other purposes. 1.Short titleThis Act may be cited as the Indian Tribal Government Coronavirus (COVID–19) Disaster Assistance Cost Share Relief Act.2.Disaster assistance(a)In generalNotwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance, provided to an Indian tribal government in connection with COVID–19 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be 100 percent of the eligible costs under such Act, regardless of whether the Indian tribal government was the recipient or subrecipient of the assistance.(b)ApplicabilityThe Federal share provided by subsection (a) shall apply to disaster assistance described in subsection (a) applied for before, on, or after the date of enactment of this Act, regardless of whether the application deadline for the assistance has passed.