[House Report 118-785]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-785
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2023
_______
December 3, 2024.--Ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.J. Res. 96]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the joint resolution (H.J. Res. 96) to approve the 2023
Agreement to Amend the U.S.-FSM Compact, and related
agreements, between the Government of the United States of
America and the Government of the Federated States of
Micronesia, the 2023 Agreement to Amend the U.S.-RMI Compact,
and certain related agreements between the Government of the
United States of America and the Government of the Republic of
the Marshall Islands, and the 2023 U.S.-Palau Compact Review
Agreement between the Government of the United States of
America and the Government of the Republic of Palau, to
appropriate funds to carry out the agreements, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the joint resolution do
pass.
Purpose of the Legislation
The purpose of H.J. Res. 96 is to approve the 2023
Agreement to Amend the U.S.-FSM Compact, and related
agreements, between the Government of the United States of
America and the Government of the Federated States of
Micronesia, the 2023 Agreement to Amend the U.S.-RMI Compact,
and certain related agreements between the Government of the
United States of America and the Government of the Republic of
the Marshall Islands, and the 2023 U.S.-Palau Compact Review
Agreement between the Government of the United States of
America and the Government of the Republic of Palau, to
appropriate funds to carry out the agreements, and for other
purposes.
Background and Need for Legislation
FREELY ASSOCIATED STATES
In 1986, the Freely Associated States (FAS) emerged from
the U.S. administered United Nations (UN) Trust Territory of
the Pacific Islands in Micronesia that had been established
after World War II.\1\ The Marshall Island group became the
Republic of the Marshall Islands (RMI), and the Caroline Island
group became the Republic of Palau and the Federated States of
Micronesia (FSM).\2\ The FAS cover a maritime area comparable
in size to the continental United States, govern over 1,000
islands, and have a combined population of approximately
100,000 people.\3\ The FAS economies face structural challenges
similar to many other Pacific Island countries, including a
lack of economies of scale, small land areas, limited natural
and human resources, remote locations, and poor
infrastructure.\4\ Each Freely Associated State is an
independent nation with full membership in the UN and the
Pacific Islands Forum.\5\
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\1\``The Freely Associated States and Issues for Congress.''
Congressional Research Service. https://crsreports.congress.gov/
product/pdf/R/R46705.
\2\``Marshall Islands.'' Encyclopedia Britannica. https://
www.britannica.com/place/Marshall-Islands and ``Caroline Islands.''
Encyclopedia Britannica. Accessed. https://www.britannica.com/place/
Caroline-Islands.
\3\``The Freely Associated States and Issues for Congress.''
Congressional Research Service and ``Freely Associated States 2023.''
World Population Review. https://worldpopulationreview.com/country-
rankings/freely-associated-states.
\4\For more information on the FAS see ``The Freely Associated
States and Issues for Congress.'' Congressional Research Service.
https://crsreports.congress.gov/product/pdf/R/R46573/2.
\5\The Pacific Islands Forum. https://www.forumsec.org/who-we-
arepacific-islands-forum/ and ``Member States.'' United Nations.
https://www.un.org/en/about-us/member-states#gotoF.
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Federated States of Micronesia: The FSM is comprised of
island chains located between the RMI and Palau. It has a
federal constitutional system comprising the states of Pohnpei,
Chuuk, Yap and Kosrae.\6\ The capital is located at Pohnpei.\7\
It derives revenues from licensed international fishing in its
vast territorial waters and hosts a small but thriving tourism
sector.\8\
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\6\``Micronesia.'' Encyclopedia Britannica. https://
www.britannica.com/place/Micronesia-republic-Pacific-Ocean.
\7\Id.
\8\Id.
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Republic of the Marshall Islands: The RMI consists of
hundreds of islands in two parallel chains of coral atolls--the
Ratak, or Sunrise, island chain to the east and the Ralik, or
Sunset, island chain to the west--in the central Pacific
Ocean.\9\ The chains lie about 125 miles (200 km) apart and
extend some 800 miles northwest to southeast. The capital of
the RMI is Majuro.\10\
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\9\``Marshall Islands.'' Encyclopedia Britannica. https://
www.britannica.com/place/Marshall-Islands.
\10\Id.
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Republic of Palau: Palau is the western-most of the FAS,
with its capital at Koror.\11\ It's internationally renowned
``Rock Islands'' are a strong tourist draw, driving a thriving
tourism industry.\12\ Palau is also host to a growing U.S.
military presence that includes highly advanced radar and
surveillance capabilities vital to U.S. regional strategic
interests.\13\ Palau also derives revenues from licensed
international fishing and subsistence agriculture.\14\
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\11\``Palau.'' Encyclopedia Britannica. https://www.britannica.com/
place/Palau.
\12\``Rock Islands Southern Lagoon.'' UNESCO World Heritage Centre.
https://whc.unesco.org/en/list/1386/.
\13\Wright, Stephen. ``US Plans Over-the-Horizon Radar Facility in
Palau.'' Radio Free Asia. https://www.rfa.org/english/news/pacific/
palau-radar-01112023015016.html.
\14\``Department of State: 2014 Investment Climate Statement.''
U.S. Department of State. https://2009-2017.state.gov/documents/
organization/228600.pdf.
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COMPACTS OF FREE ASSOCIATION
The FAS are diplomatically, militarily, and economically
connected to the U.S. through the Compacts of Free Association
(COFA or COFAs), which are mutually beneficial agreements that
serve as the primary line of defense against the People's
Republic of China (PRC) influence operations in the Indo-
Pacific region in several ways. First, they serve as a reminder
to the FAS that the U.S. is committed and values the special
relationship formed under free association. Second, the
Compacts enable the U.S. and the FAS to counter the PRC's
attempts to undermine democracy through economic coercion.\15\
U.S. economic assistance to the FAS provides tools and
stability for local governments to prevent democratic erosion.
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\15\Shullman, David, ed. ``Chinese Malign Influence and the
Corrosion of Democracy.'' International Republican Institute. https://
www.iri.org/wp-content/uploads/legacy/iri.org/
china_malign_influence_executive_summary_booklet.pdf.
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Under the COFAs, the U.S. secures unprecedented and
unmatched security and defense rights based in the FAS nations,
in exchange for vital U.S. economic assistance and defense
guarantees. These rights allow the U.S. to establish military
facilities in the FAS in accordance with the COFA terms and to
exercise the right of strategic denial. The right of strategic
denial allows the U.S. to deny any foreign military, including
the PRC, access to an FAS territory.\16\
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\16\Hills, Howard. Free Association for Micronesia and the Marshall
Islands: A Transitional Political Status Model. University of Hawaii
Law Review, Vol. 27/1. Winter 2004.
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Within the RMI, the U.S. has an army garrison located in
Kwajalein Atoll, that features the Ronald Reagan Ballistic
Missile Defense Test Site (RTS).\17\ The RTS is a vital
strategic asset as it supports U.S. missile and missile defense
testing, space launch, and space surveillance activities.\18\
In the FSM, the U.S. Department of Defense (DOD) is seeking to
use Micronesia as a location for U.S. Air Force Agile Combat
Employment operations.\19\ Palau is also host to a growing U.S.
military presence that includes highly advanced radar and
surveillance capabilities vital to U.S. regional strategic
interests.\20\
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\17\Army Space and Missile Defense Command. https://
www.smdc.army.mil/Portals/38/Documents/Publications/Fact_Sheets/
RTS.pdf.
\18\``In Focus: The Compacts of Free Association.'' Congressional
Research Service, August 15, 2022. https://crsreports.congress.gov/
product/pdf/IF/IF12194/1.
\19\Id.
\20\Wright, Stephen. ``US Plans Over-the-Horizon Radar Facility in
Palau.'' Radio Free Asia, March 27, 2023. https://www.rfa.org/english/
news/pacific/palau-radar-01112023015016.html.
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Additionally, the U.S. Coast Guard (USCG) holds an active
presence in the region as its cutters and patrol boats tend to
be better suited than U.S. Navy vessels for the waterways
surrounding the FAS.\21\ The USCG 14th District regularly
performs maritime safety and security missions, prevention of
illegal unlicensed fishing, protection of natural resources,
and emergency response in the region.\22\
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\21\Maritime challenges and opportunities--Daniel K. Inouye Asia-
Pacific . . . Accessed June 7, 2023. https://dkiapcss.edu/wp-content/
uploads/2022/09/Blue-Pacific-Security-11-Long-Turvold-McCann-
MaritimeChallenges-1.pdf.
\22\``United States Coast Guard Pacific Area: Strategic Intent.''
United States Coast Guard, January 2016. https://
www.pacificarea.uscg.mil/Portals/8/Documents/PACAREA%20
Strategic%20Intent%20-%202016%20-%20final%20for%20release.pdf.
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Barring termination of the COFA by the parties according to
the provisions of the agreement, the security and defense
provisions of the COFA do not expire and continue indefinitely.
However, the economic provisions that also sustain the COFA
require periodic renewal.\23\ The COFA agreements with the RMI
and the FSM came into force in Fiscal Year (FY) 1986 with
economic assistance lasting for fifteen years, until FY
2001.\24\ While renewal negotiations stalled for two years,
grant assistance to the FSM and the RMI continued until the
COFA agreements with both countries were renewed in 2003 for
twenty years under a single piece of legislation from FY 2004
through FY 2023 (2003 FSM & RMI COFA).\25\
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\23\P.L. 99-239, 48 U.S.C. 1681 note, 59 Stat. 1031, Section 211,
and H.J. Res. 626, Nov. 14, 1986, P.L. 99-658, 61 Stat. 3301, Section
432.
\24\P.L. 99-239, 48 U.S.C. 1681 note, 59 Stat. 1031, Section
211(a).
\25\Public Law 108-188. 117 Stat. 2720, Section 211(a).
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In the case of Palau, the final terms for implementation of
the COFA approved by Congress in 1986 were set forth in the
Implementation of Compact of Free Association with Palau Act.
The Palau COFA was ratified by Palau's National Congress in
1993 and entered into force in 1994 with funding commencing in
FY 1995 for 15 years, through FY 2009.\26\ The U.S. and Palau
agreed to extend the economic assistance from the U.S. through
a Compact Review Agreement (CRA) for 15 years, from FY 2010
through FY 2024, also known as the ``2010 CRA.''\27\ However,
Congress did not approve the agreement until 2017 and so Palau
received discretionary appropriations from FY 2010 through FY
2017 through a CR. The funding levels from the CR were less
than what Palau was originally scheduled to receive under the
2010 CRA. The 2010 CRA came into effect when Congress passed an
agreement in 2017 to amend the CRA, referred to as the ``2010
CRA Amendment.''\28\ The 2010 CRA Amendment provided the
authorization for Palau to receive the full amount that was
originally scheduled under the 2010 Palau CRA from FY 2018
through FY 2024.
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\26\``The Freely Associated States and Issues for Congress.''
Congressional Research Service. https://crsreports.congress.gov/
product/pdf/R/R46705 and H.J. Res. 626, Nov. 14, 1986, P.L. 99-658, 61
Stat. 3301; P.L. 101-219, 103 Stat. 1870, December 12, 1989.
\27\Agreement Following the Compact of Free Association Section 432
Review, Signed at Honolulu, September 3, 2010.
\28\P.L. 115-91, 131 Stat. 1687, December 12, 2017.
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At the time the Committee considered this legislation, the
U.S. and the FAS are seeking a renewal of their respective COFA
agreements. While the COFA with Palau does not expire until the
end of FY 2024, the Palau government requested to be renewed on
a parallel track along with the RMI and the FSM.
H.J. Res. 96, the ``Compact of Free Association Amendments
Act of 2023'' (COFAA 2023) would approve the 2023 negotiated
and updated COFAs with the FSM, Palau, and RMI, and related
subsidiary agreements. This legislation is necessary because
the economic provisions within the current COFAs\29\ with the
RMI and the FSM expired in FY 2023, and the COFA\30\ with Palau
will expire in FY 2024. Through the revised COFAs, economic
assistance would be provided over the next 20 years to
implement the 2023 amended COFA agreements with the FAS
countries, and for continued U.S. Postal Service services to
the FAS. The bill includes strengthened oversight and
accountability measures for U.S. implementation and management
of the COFAs economic provisions by authorizing the Comptroller
General, Secretary of the Interior, Secretary of State, and the
Postmaster General oversight responsibilities to implement the
2023 COFA agreements. When these agreements are approved by
Congress they will be in place until the end of FY 2043.
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\29\P.L. 108-188.
\30\``Agreement Between the Government of the United States of
America and the Government of the Republic of Palau Following the
Compact of Free Association Section 432 Review.'' U.S. Department of
the Interior. Accessed December 11, 2023. https://www.doi.gov/sites/
doi.gov/files/uploads/us-palau-compact-review-agreement-signed-9-19-
2018.pdf.
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Key Provisions:
The Compact of Free Association Amendments Act of 2023
would approve and incorporate by reference agreements signed
between the U.S. and the FAS for the new COFA period, from FY
2024 through FY 2043. These agreements are as follows:
2023 Agreement to Amend the U.S.-FSM
Compact: An agreement between the U.S. and the FSM
governments to amend the 2003 U.S.-FSM COFA by renewing
economic provisions. The agreement sets a new funding
schedule from FY 2024 through FY 2043 for the various
funding categories, including the FSM's trust fund, as
agreed upon between the FSM and U.S. governments. The
agreement also sets biennial reporting requirements on
the FSM government to send reports on the use of U.S.
economic assistance and the FSM governments' progress
in meeting program and economic goals.
2023 U.S.-FSM Fiscal Procedures Agreement:
An agreement on the procedures for the implementation
of economic assistance provided to the FSM government
by the U.S. government. This agreement sets guidelines,
requirements, and conditions for the U.S. government
and the FSM government when implementing the U.S.-FSM
COFA economic provisions. The agreement sets parameters
for the various categories of sector grants, which are
funds dedicated for use for projects within sectors
that the U.S. and the FSM have designated as priorities
such as education, health, and private sector
development. This would ensure evaluation the FSM's
progress in meeting economic and financial objectives
and provides recommendations for increasing
effectiveness of U.S. Compact assistance.
2023 U.S.-FSM Trust Fund Agreement: An
agreement on the rules and conditions of the trust fund
established by the U.S. for the FSM. The FSM's trust
fund would receive a total of $500 million for the
period from FY 2024 through FY 2043 under the U.S.-FSM
COFA. This agreement sets legal status, account
structure, funding levels and conditions for
distribution, audit and reporting requirements, and
withdrawal conditions for the FSM's trust fund.
2023 U.S.-FSM Federal Programs and Services
Agreement (FPSA): An agreement on what U.S. Federal
programs and services would be provided to the FSM and
the conditions for those services. These Federal
programs and services will include the National Oceanic
and Atmospheric Administration's (NOAA) National
Weather Service, the Federal Aviation Administration's
(FAA) civil aviation services, the Federal Emergency
Management Agency (FEMA), the U.S. Postal Service
(USPS), and the Federal Deposit Insurance Corporation
(FDIC).
2023 Agreement to Amend the U.S.-RMI
Compact: An agreement between the U.S. and the RMI
governments to amend the current U.S.-RMI COFA by
renewing economic provisions. This agreement would set
a new funding schedule from FY 2024 through FY 2043 for
U.S. economic assistance to the RMI including the RMI's
trust fund, agreed upon between the two governments.
The agreement would also set reporting requirements on
the RMI government to send reports on the RMI
government's progress in meeting program and economic
goals.
2023 U.S.-RMI Fiscal Procedures Agreement:
An agreement on the procedures for the implementation
of economic assistance provided to the RMI government
by the U.S. government. This agreement sets guidelines,
requirements, and conditions for the U.S. government
and the RMI government when implementing the U.S.-RMI
COFA economic provisions. This agreement also sets
parameters for the various categories of sector grants
to ensure review of the audits and reports required
under the Compact.
2023 U.S.-RMI Trust Fund Agreement: An
agreement on the rules and conditions of the trust fund
established by the U.S. for the RMI. $700 million for
the period of FY 2024 through FY 2043 under the U.S.-
RMI COFA will be available for the RMI trust fund. This
agreement would set the legal status, account
structure, funding levels and conditions for
distribution, audit and reporting requirements, and
withdrawal conditions for the RMI's trust fund.
2023 U.S.-Palau Compact Review Agreement: An
agreement between the U.S. and Palau governments
resulting from Section 432 of the U.S.-Palau compact.
The 2023 agreement was the result of the thirtieth
anniversary review of the Compact. The agreement sets a
new funding schedule from FY 2024 through FY 2043 for
the various funding categories, including Palau's trust
fund, agreed upon between the Palau and U.S.
governments. The agreement also sets the fiscal
procedures for the implementation of economic
assistance provisions, including setting annual
reporting requirements for Palau.
OVERSIGHT AND ACCOUNTABILITY
The COFAA 2023 would also strengthen oversight and
accountability measures for U.S. implementation and management
of the COFA economic provisions. The COFAA 2023 builds upon
existing measures within Public Law 108-188 and the 2010 Palau
CRA, but also creates additional requirements for the
Administration to report to Congress on COFA activities every
four years.
The COFAA 2023 requires the U.S. members of the Economic
Management and Accountability Committees, the U.S.-FSM Joint
Trust Fund Committee, and U.S.-RMI Joint Trust Fund Committee
to have strong experience in finance and accounting and sets
term limits for the committee members. Furthermore, the COFAA
2023 would require the Secretary of the Interior to submit
reports by these committees to Congress detailing the actions
of the committees and their recommendations. The COFAA 2023
would also require the members of the Economic Advisory Group
appointed by the Secretary of the Interior to have
qualifications in private sector business development, economic
development, or national development.
The COFAA 2023 also carries forward the authorities of the
Comptroller General to carry out its oversight responsibilities
under the COFAs. The COFAA 2023 would also place reporting
requirements on the Comptroller General to submit to Congress a
report on the economic performance of the FAS, the impact of
U.S. economic assistance to the FAS, and the effectiveness of
U.S. administrative oversight over the COFAs. This would expand
the requirements set by Public Law 108-188 by including
reporting on Palau. The COFAA 2023 also carries forward the
authorities of the Secretary of the Interior and the Postmaster
General to carry out oversight responsibilities.
The COFAA 2023 would also require the Secretary of the
Interior to submit to Congress a compilation of the COFA
agreements with the FSM, the RMI, and Palau. This would improve
the readability of the COFA agreements.
The COFAs are essential to U.S. interests in and
relationships with the FAS, and ultimately the Indo-Pacific
region. Renewing economic assistance and continuing federal
programs and services to the FAS reaffirms the United States'
commitment to its allies and reliability as a partner. This
commitment through the COFAs is essential to counter the PRC's
malign influence and to maintain the United States' capacity to
secure its interests.
Committee Action
H.J. Res. 96 was introduced on November 2, 2023, by Rep.
Bruce Westerman (R-AR). The bill was referred to the Committee
on Natural Resources. The bill was also referred to the
Committees on Foreign Affairs, Education and the Workforce,
Veterans' Affairs, Oversight and Accountability, Agriculture,
and Ways and Means. On October 19, 2023, the Subcommittee on
Indian and Insular Affairs held a hearing on the discussion
draft of the bill. On November 8, 2023, the Committee on
Natural Resources met to consider the bill. The bill was
ordered favorably reported to the House of Representatives by
unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Indian and Insular Affairs held
on October 19, 2023.
Section-by-Section Analysis
Section 1. Short title
This joint resolution may be cited as the ``Compact of Free
Association Amendments Act of 2023''.
Section 2. Definitions
Section 2 defines key terms used within the bill.
Section 3. Approval of 2023 Agreement to Amend the U.S.-FSM Compact,
2023 Agreement to Amend the U.S.-RMI Compact, 2023 U.S.-Palau
Compact Review Agreement, and Subsidiary Agreements
Section 3 grants congressional approval of the 2023 Compact
agreements between the U.S. and FSM, the U.S. and RMI, and the
U.S. and Palau, respectively, and acknowledges submission of
related subsidiary agreements.
Section 3(a) Federated States of Micronesia
Section 3(a) approves the 2023 Agreement to amend the U.S.-
FSM Compact, the 2023 U.S.-FSM Trust Fund Agreement and the
2023 U.S.-FSM Fiscal Procedures Agreement, as provided to
Congress, and the U.S.-FSM Federal Programs and Services
Agreement. Further, the subsection authorizes the President to
bring into force and implement these agreements.
Section 3(b) Republic of the Marshall Islands
Section 3(b) approves the 2023 Agreement to amend the U.S.-
RMI Compact, the 2023 U.S.-RMI Trust Fund Agreement, and the
2023 U.S.-RMI Fiscal Procedures Agreement. Further, the
subsection authorizes the President to bring into force and
implement these agreements.
Section 3(c) Republic of Palau
Section 3(c) approves the 2023 U.S.-Palau Compact Review
Agreement, as provided to Congress. Further, the subsection
authorizes the President to bring into force and implement this
agreement.
Section 3(d) Amendments, changes, or termination to
Compacts and certain agreements
Section 3(d) provides that approval in an Act of Congress
is required before any amendments or changes to or termination
of the Compacts with FSM, RMI, or Palau, or certain subsidiary
agreements to them, enter into force.
Section 3(e) Entry into force of future amendments to
subsidiary agreements
Section 3(e) provides that a change to any ``subsidiary
agreements'' accompanying the respective Compacts, shall not
enter into force until 90 days after the President transmits to
the President of the Senate and Speaker of the House of
Representatives the relevant agreement to amend the subsidiary
agreement, along with an explanation and a description of the
reasons for it.
Section 4. Agreements with the Federated States of Micronesia
Section 4 sets forth provisions related to the Federated
States of Micronesia.
Section 4(a) Law Enforcement Assistance
Section 4(a) reaffirms that the U.S. shall, as appropriate,
continue to provide non-reimbursable U.S. law enforcement
technical and training assistance to the FSM, including
training for postal inspection of illicit drugs and other
contraband (as provided in section 102(a) of Public Law 108-
188).
Section 4(b) United States appointees to Joint Economic
Management Committee
Section 4(b) requires that the three U.S. appointees to the
Joint Economic Management Committee, as established under
section 213 of the 2003 Amended U.S.-FSM Compact (Public Law
108-188), shall be U.S. government officers or employees with
qualifications in accounting, auditing, budget analysis,
compliance, grant administration or program management.
Further, this section states that the three U.S. members on the
Committee shall be appointed by 1) the Secretary of State, in
consultation with the Secretary of the Treasury, 2) the
Secretary of the Interior, in consultation with the Secretary
of the Treasury, and 3) the Interagency Group on Freely
Associated States; and shall be appointed for a term of 2 years
and may only be reappointed twice, serving a maximum of 6
years.
This subsection requires that the Secretary of the Interior
submit to Congress any reports required under the 2023 Amended
U.S.-FSM Compact or relevant subsidiary agreement to Congress,
including along with an attestation that the report either is
complete and accurate or not submitted by the deadline provided
for in the relevant agreement.
Section 4(c) United States appointees to Joint Trust Fund
Committee
Section 4(c) requires that the three U.S. appointees to the
Joint Trust Fund Committee, as established under section
462(b)(5) of the 2003 Amended U.S.-FSM Compact (Public Law 108-
188), shall be U.S. government officers or employees with
qualifications in accounting, auditing, budget analysis,
compliance, financial investment, grant administration or
program management. Further, this section states that the three
U.S. members on the Committee shall be appointed by 1) the
Secretary of State, 2) the Secretary of the Interior, and 3)
the Secretary of the Treasury; and shall be appointed for a
term of 2 years and may only be reappointed twice, serving a
maximum of 6 years.
This subsection requires that the Secretary of the Interior
submit to Congress any reports required under the 2023 Amended
U.S.-FSM Compact or relevant subsidiary agreement to Congress,
including along with an attestation that the report either is
complete and accurate or not submitted by the deadline provided
for in the relevant agreement.
Section 5. Agreements with and Other Provisions Related to the Republic
of the Marshall Islands
Section 5 sets forth provisions related to the Republic of
the Marshall Islands.
Section 5(a) Law Enforcement Assistance
Section 5(a) reaffirms that the U.S. may continue to
provide non-reimbursable U.S. law enforcement technical and
training assistance to the RMI, including training for postal
inspection of illicit drugs and other contraband (as provided
in section 103(a) of Public Law 108-188).
Section 5(b) Espousal Provisions
Section 5(b) reaffirms Congress' intent that Section 177 of
the Compact of Free Association with the RMI (Public Law 99-
239) and the separate Section 177 Agreement constitute a full
and final settlement with RMI of all claims described under
Articles X and XI of the Section 177 Agreement, related to
compensation for nuclear testing.
Section 5(c) Certain Section 177 Agreement Provisions
Section 5(c) restates provisions regarding changed
circumstances and consultation described under Articles IX and
XIII of the Section 177 Agreement, related to compensation for
nuclear testing.
Section 5(d) United States appointees to Joint Economic
Management and Financial Accountability Committee
Section 5(d) requires that the two U.S. appointees to the
Joint Economic Management and Financial Accountability
Committee, as established under section 214 of the 2003 Amended
U.S.-RMI Compact (Public Law 108-188), shall be U.S. government
officers or employees with qualifications in accounting,
auditing, budget analysis, compliance, grant administration or
program management. Further, this section states that the three
U.S. members on the Committee shall be appointed by 1) the
Secretary of State, in consultation with the Secretary of the
Treasury and 2) the Secretary of the Interior, in consultation
with the Secretary of the Treasury; and shall be appointed for
a term of 2 years and may only be reappointed twice, serving a
maximum of 6 years.
This subsection requires that the Secretary of the Interior
submit to Congress any reports required under the 2023 Amended
U.S.-RMI Compact or relevant subsidiary agreement to Congress,
including along with an attestation that the report either is
complete and accurate or not submitted by the deadline provided
for in the relevant agreement.
Section 5(e) United States appointees to Trust Fund
Committee
Section 5(e) requires that the three U.S. appointees to the
Trust Fund Committee, as established under section 462(b)(5) of
the 2003 Amended U.S.-RMI Compact (Public Law 108-188), shall
be U.S. government officers or employees with qualifications in
accounting, auditing, budget analysis, compliance, financial
investment, grant administration or program management.
Further, this section states that the three U.S. members on the
Committee shall be appointed by 1) the Secretary of State, 2)
the Secretary of the Interior, and 3) the Secretary of the
Treasury; and shall be appointed for a term of 2 years and may
only be reappointed twice, serving a maximum of 6 years.
This subsection requires that the Secretary of the Interior
submit to Congress any reports required under the 2023 Amended
U.S.-RMI Compact or relevant subsidiary agreement to Congress,
including along with an attestation that the report either is
complete and accurate or not submitted by the deadline provided
for in the relevant agreement.
Section 5(f) Four Atoll Health Care Program
Section 5(f) repeats the language from Public Law 99-239
and Public Law 108-188 regarding the Four Atoll Health Care
Program and the administration of certain health care funds for
the people of Bikini, Enewetak, Rongelap, and Utrik and their
descendants.
Section 5(g) Radiological Health Care Program
Section 5(g) repeats the language from Public Law 99-239
and Public Law 108-188 regarding the radiological health care
for certain populations in the Republic of the Marshall Islands
affected by U.S. nuclear tests.
Section 5(h) Agricultural and Food Programs
Section 5(g) repeats the language from Public Law 99-239
and Public Law 108-188 regarding food and agricultural programs
for certain populations in the Republic of the Marshall Islands
affected by U.S. nuclear tests. This section also continues the
Secretary of the Interior authority to carry out the Enewetak
planting and agricultural maintenance program.
This subsection authorizes the Secretary of
Agriculture to provide food programs to the people of
the Republic of the Marshall Islands.
Section 6. Agreements with and other provisions related to the Republic
of Palau
Section 6 sets forth provisions related to the Republic of
Palau.
Section 6(a) Bilateral Economic Consultations
Section 6(a) requires annual economic consultations to be
by U.S. government officers or employees, as referred to in
Article 8 of the 2023 U.S.-Palau Compact Review Agreement.
Section 6(b) Economic Advisory Group
Section 6(b) requires that the members of the Economic
Advisory Group, referred to in Article 7 of the 2023 U.S.-Palau
Compact Review Agreement, who are appointed by the Secretary of
the Interior, have qualifications in private sector business
development, economic development, or national development. The
subsection also authorizes the Secretary of the Interior to use
available funds for certain activities of the Economic Advisory
Group.
This subsection requires that the Secretary of the Interior
submit to Congress any reports completed by the Economic
Advisory Group.
Section 6(c) Reports to Congress
This subsection requires that the Secretary of the Interior
submit to Congress any reports required under the 2023 U.S.-
Palau Compact Review Agreement or relevant subsidiary agreement
to Congress, including along with an attestation that the
report either is complete and accurate or not submitted by the
deadline provided for in the relevant agreement.
Section 7. Oversight Provisions
Section 7 sets forth oversight provisions for the Compacts
of Free Association between the United States and FSM, the
United States and RMI, and the United States and Palau.
Section 7(a) Authorities and Duties of the Comptroller
General of the United States
Section 7(a) authorizes the Comptroller General to carry
out their oversight and audit responsibilities under the 2023
Amended U.S.-FSM Compact and the U.S.-FSM subsidiary
agreements, the 2023 Amended U.S.-RMI Compact and the U.S.-RMI
subsidiary agreements, and the 2023 U.S.-Palau Compact Review
Agreement and subsidiary agreements.
This section also requires the Comptroller General to
submit reports to Congress every 4 years on implementation of
the 2023 Amended U.S.-FSM Compact, the 2023 Amended U.S.-RMI
Compact, the 2023 U.S.-Palau Compact Review Agreement, and
relevant subsidiary agreements; and the effectiveness of
administrative oversight by the United States of the Freely
Associated States.
Section 7(b) Secretary of the Interior oversight authority
Section 7(b) provides the Secretary of the Interior with
the necessary authorities to fulfill their oversight
responsibilities under the Act.
Section 7(c) Postmaster General oversight authority
Section 7(c) provides the Postmaster General the necessary
authorities to fulfill their oversight responsibilities under
the Act.
Section 7(d) Interagency Group on Freely Associated States
Section 7(d) requires that the President establish an
Interagency Group on Freely Associated States, co-led by the
Department of State and the Department of the Interior, to meet
annually and to provide policy guidance and recommendations on
implementation of the Compacts of Free Association with the
FSM, RMI and Palau and on relations with those countries more
generally. The subsection requires the Interagency Group to
submit an annual report to Congress on its activities and
recommendations during the applicable year.
Section 7(e) Federal agency coordination
Section 7(e) requires all federal agencies providing
programs and services within the Freely Associated States to
coordinate with the Secretary of the Interior and Secretary of
State.
Section 7(f) Foreign loans or debt
Section 7(f) reaffirms that the United States Government is
not responsible for foreign loans or debt of the FSM, RMI or
Palau.
Section 7(g) Compact Compilation
Section 7(g) requires the Secretary of the Interior to
compile the Compacts of Free Association with the Federated
State of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau and submit the Compact compilation to
Congress.
Section 7(h) Publication; Revision by the Office of the Law
Revision Counsel
Section 7(h) directs the Office of the Law Revision Counsel
to revise the United States Code to incorporate amendments to
the Compacts of Free Association with the Federated State of
Micronesia, and the Republic of the Marshall Islands.
Section 8. United States Policy regarding the Freely Associated States
Section 8 sets forth policies and authorizations to carry
out Federal programs and services related to the Freely
Associated States.
Section 8(a) Authorization for Veterans' Services
Section 8(a) authorizes the Department of Veterans Affairs
to provide health and medical services to veterans living in
the FAS.
Section 8(b) Authorization of Education Programs
Section 8(b) authorizes the Department of Education to
continue to provide the FAS access to services and programs for
elementary and secondary education, career and technical
education, special education, and adult education. This section
makes technical amendments to these Acts to implement the
relevant 2023 Compact agreements.
This subsection authorizes the Department of Education to
continue to provide eligible institutions of higher education
and students living in the FAS access to Federal Work Study
Programs, Spell Grants, and Federal Supplemental Educational
Opportunity Grants. This subsection grants in-state tuition to
FAS citizens attending an institution of higher education in
the United States or territories. This subsection also provides
eligible institutions, schools, and organizations in the FAS
access to competitive grants under the Higher Education Act of
1965 (20 U.S.C. 1001).
This subsection also amends the Head Start Act to provide
eligibility to Head Start services for children and families
living in the FAS.
This subsection also requires the Secretary of the Interior
to coordinate with the Secretary of Education and the Secretary
of Health and Human Services to avoid duplication of economic
assistance for education.
Section 8(c) Authorization of Department of Defense
Programs
Section 8(c) reaffirms the Secretary of Defense authority
regarding use of the Department of Defense medical facilities
by patients referred from the FSM, RMI and Palau and the
affected areas on a space available and reimbursable basis.
Further, the subsection continues to authorize the Department
of Defense to extend the Armed Services Vocational Aptitude
Battery (ASVAB) Student Testing Program and the ASVAB Career
Exploration Program to certain secondary schools in the, FSM,
RMI and Palau.
Section 8(d) Judicial Training
Section 8(d) continues to authorize the Secretary of the
Interior to provide financial assistance to train judges and
officials of the judiciary in the FSM, RMI and Palau, in
cooperation with the Pacific Islands Committee of the Ninth
Circuit Judicial Council.
Section 8(e) Eligibility for the Republic of Palau
Section 8(e) extends eligibility to the Republic of Palau
for certain federal programs and services for which FSM and RMI
are already eligible pursuant to Public Law 108-188. This
includes the National Health Service Corps, Legal Services
Corporation, Public Health Service, the Rural Housing Service,
the Small Business Administration, Economic Development
Administration, Rural Utilities Services, Department of Labor's
Workforce Investment Act, and the Department of Commerce's
tourism and marine resource programs.
Section 8(f) Compact impact fairness
Section 8(f) restores eligibility for FAS citizens lawfully
living in the United States by extending Federal benefits
available to other lawful permanent residents.
Section 8(g) Consultation with international financial
institutions
Section 8(g) states that the Secretary of the Treasury, in
coordination with the Secretary of State and the Secretary of
the Interior, shall consult with appropriate officials of the
Asian Development Bank and relevant international financial
institutions, with respect to overall economic conditions in
the FSM, RMI, and Palau.
Section 8(h) Chief of Mission
Section 8(h) amends section 105(b)(5) of Public Law 108-188
to specify that all U.S. Government employees in FSM, RMI and
Palau fall under the authority of the United States Chief of
Mission in that country, except for employees identified as
excluded in U.S. law or Presidential directive.
Section 8(i) Establishment of a unit for the Freely
Associated States in the Bureau of East Asian and
Pacific Affairs of the Department of State and
Increasing Personnel Focused on Oceania
Section 8(i) establishes a unit to manage bilateral
relations with the Freely Associated States in the Bureau of
East Asian and Pacific Affairs of the Department of State and
encourages the Secretary to dedicate additional personnel to
support the work of this unit and relations with the Pacific
Islands.
Section 8(j) Technical Assistance
Section 8(j) continues the authorization for certain
Federal agencies pursuant to section 224 of the 2023 Compacts
to provide non-reimbursable technical assistance related to
historic preservation at the request of the FSM and RMI and
amends section 105(j) of Public Law 108-188 to extend
eligibility of this technical assistance to Palau.
Section 8(k) Continuing Trust Territory Authorization
Repeats the language from Public Law 99-239 and Public Law
108-188 regarding any continuing authorizations from the Trust
Territory period.
Section 8(l) Technical amendments
Section 8(l) makes technical amendments to Section 2(f) of
the Public Health Service Act (42 U.S.C. 201(f)) and section
104(e) of Public Law 108-188.
Section 9. Additional authorities
Section 9 sets forth additional authorities related to the
Compacts.
Section 9(a) Agencies, departments, and instrumentalities
Section 9(a) provides authorization for Federal agencies
and departments to carry out international obligations under
the 2023 Compact agreements and requires that appropriations to
carry out these international obligations shall be made
directly to the Federal agencies, departments, and
instrumentalities.
Section 9(b) Additional assistance
Section 9(b) states that any additional assistance provided
pursuant to sections 4(a), 5(a), 6(b) and 8 of this Act shall
be in addition to the amounts paid to the FAS under the
Compacts and shall not be charged against them.
Section 9(c) Remaining balances
Section 9(c) provides authority to program remaining
balances of funds appropriated to carry out the 2003 amended
Compacts with FSM and Palau (Public Law 108-188) and the 2010
Compact Review Agreement with Palau (Public Law 115-141)
pursuant to the 2023 Compact agreements.
Section 9(d) Grants
Section 9(d) clarifies that funding provided under the 2023
Compact agreements may be provided as grants for purposes of
implementation and clarifies authority to place federal funds
in interest bearing accounts.
Section 9(e) Rule of construction
Section 9(e) clarifies that the provisions of prior Compact
of Free Association Acts (Public Law 99-239; Public Law 108-
188; Public Law 115-91; and Public Law 115-141) are not amended
by this Act unless otherwise stated.
Section 9(f) Clarification relating to appropriated funds
Section 10. Compact appropriations
Section 10 provides $7.1 billion in mandatory funding over
the next 20 years for the Compacts with the Marshall Islands,
Micronesia, and Palau, which includes $6.5 billion in economic
assistance to the FAS and $634 million for continued United
States Postal Service in the FAS.
Section 10(a) Funding for Activities of the Secretary of
the Interior
Section 10(a) states that there is appropriated to the
Department of the Interior's Compact of Free Association
account for FY 2024 to FY 2043 to carry out the 2023 Amended
U.S.-FSM Compact, the 2023 Amended U.S.-RMI Compact, and the
2023 U.S.-Palau Compact Review Agreement ($6.5 billion total
over 20 years).
Section 10(b) Funding for Activities of the United States
Postal Service
Section 10(b) states that there is appropriated to the
United States Postal Service for FY 2024 to FY 2043 to carry
out their obligations under the 2023 Amended U.S.-FSM Compact,
the 2023 Amended U.S.-RMI Compact, and the 2023 U.S.-Palau
Compact Review Agreement ($634 million total over 20 years).
Section 10(c) Funding for Judicial Training
Section 10(c) states that there is appropriated to the
Secretary of the Interior to carry out Section 8(d) $550,000
for each of FY 2024 through FY 2043 ($11 million total over 20
years).
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would
Amend each Compact of Free Association
(COFA) and the subsidiary agreements between the United
States and the Federated States of Micronesia, Republic
of the Marshall Islands, and Republic of Palau, often
called freely associated states (FAS)
Provide funds for the FAS over the 2024-2043
period
Appropriate funds each year for the Postal
Service to provide service in the FAS
Expand access to certain mandatory programs
for COFA migrants living in the United States
Authorize the Department of Veterans Affairs
to cover some medical costs for certain veterans in the
FAS
Provide training for judges in the FAS
Estimated budgetary effects would mainly stem from
Mandatory spending for grants and trust fund
contributions for the FAS
Mandatory spending to provide mail service
to the FAS
TABLE 1.--ESTIMATED CHANGES IN DIRECT SPENDING UNDER H.J. RES. 96, THE COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2023
As ordered reported by the House Committee on Natural Resources on November 8, 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------------------------------------------------
2024- 2024-
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2028 2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Federated States of Micronesia
Budget Authority.................................. 263 261 9 8 6 4 2 1 -1 -3 547 550
Estimated Outlays................................. 263 261 9 8 6 4 2 1 -1 -3 547 550
Republic of the Marshall Islands
Budget Authority.................................. 411 172 172 72 -29 -29 -29 -29 -29 -29 798 653
Estimated Outlays................................. 411 172 172 72 -29 -29 -29 -29 -29 -29 798 653
Republic of Palau
Budget Authority.................................. 90 91 41 42 42 43 34 34 35 36 306 488
Estimated Outlays................................. 90 91 41 42 42 43 34 34 35 36 306 488
Postal Service Funda
Budget Authority.................................. 32 32 32 32 32 32 32 32 32 32 160 320
Estimated Outlays................................. 29 32 32 32 32 32 32 32 32 32 157 317
Compact Impact Fairness
Estimated Budget Authority........................ 6 14 20 27 31 34 36 39 43 47 98 297
Estimated Outlays................................. 6 14 20 27 31 34 36 39 43 47 98 297
Veterans' Health Care
Estimated Budget Authority........................ 2 3 3 4 4 5 5 6 7 8 16 47
Estimated Outlays................................. 2 3 3 4 4 5 5 6 7 8 16 47
Judicial Training
Budget Authority.................................. 1 * 1 * 1 * 1 * 1 1 3 6
Estimated Outlays................................. 1 * 1 * 1 * 1 * 1 1 3 6
Total Changes in Direct Spending
Estimated Budget Authority........................ 805 573 278 185 87 89 81 83 88 92 1,928 2,361
Estimated Outlays................................. 802 573 278 185 87 89 81 83 88 92 1,925 2,358
On-Budget Outlays................................. 805 573 278 185 87 89 81 83 88 92 1,928 2,361
Off-Budget Outlays................................ -3 0 0 0 0 0 0 0 0 0 -3 -3
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBO has not estimated the effects of spending subject to appropriation; * = between zero and $500,000.
a Includes on-budget and off-budget effects. Postal Service cash flows are recorded in the Postal Service Fund in the federal budget and are classified
as off-budget. Section 10 of the legislation would require funds from the Treasury to be deposited into the Postal Service Fund; that transfer would
be classified as an on-budget transaction.
H.J. Res. 96 would amend each Compact of Free Association
(COFA) and the subsidiary agreements between the United States
and the Federated States of Micronesia, Republic of the
Marshall Islands, and Republic of Palau, often called freely
associated states (FAS). The compacts and subsidiary agreements
govern political, economic, and military relationships between
the United States and those entities.
Direct Spending: CBO estimates that enacting H.J. Res. 96
would increase direct spending by about $2.4 billion over the
2024-2033 period, relative to CBO's baseline projections. In
keeping with section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985, the cost of extending current
spending under those COFAs between the Federated States of
Micronesia and the Republic of the Marshall Islands (about $2.3
billion through 2033) are included in CBO's baseline and
therefore are not included in the costs attributable to this
legislation.
Federated States of Micronesia. Over the 2024-2033 period,
H.J. Res. 96 would provide $550 million in additional grants
and trust fund contributions and would increase spending by the
same amount.
Republic of the Marshall Islands. Over the 2024-2033
period, H.J. Res. 96 would provide an additional $653 million
in funds available for grants, trust fund contributions,
development in the Kwajalein Atoll, and establishment of a
museum and would increase spending by the same amount.
Republic of Palau. Over the 2024-2033 period, H.J. Res. 96
would provide $488 million in grant funds and would increase
spending by the same amount.
Postal Service Fund. Section 10 would appropriate $32
million annually to the Postal Service to provide service in
each FAS. Those amounts would be deposited into the Postal
Service Fund. Cash flows for that fund are classified as off-
budget direct spending. Using historical spending patterns for
similar activities, CBO estimates that enacting H.J. Res. 96
would increase direct spending by $317 million over the 2024-
2033 period.
Compact Impact Fairness. Section 8(f) would expand access
to certain federal programs for COFA migrants living in the
United States. In particular, CBO estimates that, over the
2024-2033 period, spending would increase by $84 million for
Supplemental Security Income, by $106 million for the
Supplemental Nutrition Assistance Program, and by $19 million
for federal student loans. CBO estimates that Medicaid outlays
would increase by $88 million over the same period because some
people newly receiving Supplemental Security Income would be
eligible for Medicaid. Those estimates are based on current
participation rates among COFA migrants in the United States
and on projected changes in that population over the 2024-2033
period.
Veterans' Health Care. H.J. Res. 96 would authorize the
Department of Veterans Affairs (VA) to pay for hospital care
and medical care through contracts, reimbursement, or direct
care for certain veterans ineach FAS. The legislation also
would authorize VA to pay for travel and related expenses for
certain veterans traveling in, to, or from an FAS to receive
authorized care. CBO estimates that enacting those provisions
would increase direct spending by $47 million over the 2024-
2033 period.
Judicial Training. Section 10 would appropriate $550,000
annually to the Department of the Interior to train judges in
each FAS.
Spending subject to appropriation: H.J. Res. 96 also would
reauthorize services that are currently provided by the federal
government to each FAS and which are funded through annual
appropriations. CBO has not estimated the discretionary costs
of implementing the legislation.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to approve the 2023 Agreement to
Amend the U.S.-FSM Compact, and related agreements, between the
Government of the United States of America and the Government
of the Federated States of Micronesia, the 2023 Agreement to
Amend the U.S.-RMI Compact, and certain related agreements
between the Government of the United States of America and the
Government of the Republic of the Marshall Islands, and the
2023 U.S.-Palau Compact Review Agreement between the Government
of the United States of America and the Government of the
Republic of Palau, to appropriate funds to carry out the
agreements, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
According to the Congressional Budget Office, H.J. Res. 96
contains no unfunded mandates as defined by the Unfunded
Mandates Reform Act.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 1--GENERAL
* * * * * * *
Sec. 111. Payments or allowances for beneficiary travel
(a) Under regulations prescribed by the President pursuant to
the provisions of this section, the Secretary may pay the
actual necessary expense of travel (including lodging and
subsistence), or in lieu thereof an allowance based upon
mileage (at a rate of 41.5 cents per mile), of any person to or
from a Department facility or other place in connection with
vocational rehabilitation, counseling required by the Secretary
pursuant to chapter 34 or 35 of this title, or for the purpose
of examination, treatment, or care. Actual necessary expense of
travel includes the reasonable costs of airfare if travel by
air is the only practical way to reach a Department facility.
In addition to the mileage allowance authorized by this
section, there may be allowed reimbursement for the actual cost
of ferry fares, and bridge, road, and tunnel tolls.
(b)(1) Except as provided in subsection (c) of this section
and notwithstanding subsection (g)(2) of this section or any
other provision of law, if, with respect to any fiscal year,
the Secretary exercises the authority under this section to
make any payments, the Secretary shall make the payments
provided for in this section to or for the following persons
for travel during such fiscal year for examination, treatment,
or care for which the person is eligible:
(A) A veteran or other person whose travel is in
connection with treatment or care for a service-
connected disability.
(B) A veteran with a service-connected disability
rated at 30 percent or more.
(C) A veteran receiving pension under section 1521 of
this title.
(D) A veteran (i) who is not traveling by air and
whose annual income (as determined under section 1503
of this title) does not exceed the maximum annual rate
of pension which would be payable to such veteran if
such veteran were eligible for pension under section
1521 of this title, or (ii) who is determined, under
regulations prescribed by the Secretary, to be unable
to defray the expenses of the travel for which payment
under this section is claimed.
(E) Subject to paragraph (3) of this subsection, a
veteran or other person whose travel to or from a
Department facility is medically required to be
performed by a special mode of travel and who is
determined under such regulations to be unable to
defray the expenses of the travel for which payment
under this section is claimed.
(F) A veteran whose travel to a Department facility
is incident to a scheduled compensation and pension
examination.
(G) A veteran with vision impairment, a veteran with
a spinal cord injury or disorder, or a veteran with
double or multiple amputations whose travel is in
connection with care provided through a special
disabilities rehabilitation program of the Department
(including programs provided by spinal cord injury
centers, blind rehabilitation centers, and prosthetics
rehabilitation centers) if such care is provided--
(i) on an in-patient basis; or
(ii) during a period in which the Secretary
provides the veteran with temporary lodging at
a facility of the Department to make such care
more accessible to the veteran.
(2) The Secretary may make payments provided for in this
section to or for any person not covered by paragraph (1) of
this subsection for travel by such person for examination,
treatment, or care. Such payments shall be made in accordance
with regulations which the Secretary shall prescribe.
(3)(A) Except as provided in subparagraph (B) of this
paragraph, the Secretary shall not make payments under this
section for travel performed by a special mode of travel unless
(i) the travel by such mode is medically required and is
authorized by the Secretary before the travel begins, or (ii)
the travel by such mode is in connection with a medical
emergency of such a nature that the delay incident to obtaining
authorization from the Secretary to use that mode of travel
would have been hazardous to the person's life or health.
(B) In the case of travel by a person to or from a Department
facility by special mode of travel, the Secretary may provide
payment under this section to the provider of the
transportation by special mode before determining the
eligibility of such person for such payment if the Secretary
determines that providing such payment is in the best interest
of furnishing care and services. Such a payment shall be made
subject to subsequently recovering from such person the amount
of the payment if such person is determined to have been
ineligible for payment for such travel.
(C) In the case of transportation of a person to or from a
Department facility by ambulance, the Secretary may pay the
provider of the transportation the lesser of the actual charge
for the transportation or the amount determined by the fee
schedule established under section 1834(l) of the Social
Security Act (42 U.S.C. 1395m(l)) unless the Secretary has
entered into a contract for that transportation with the
provider.
(4) In determining for purposes of subsection (a) whether
travel by air is the only practical way for a veteran to reach
a Department facility, the Secretary shall consider the medical
condition of the veteran and any other impediments to the use
of ground transportation by the veteran.
(c)(1) Except as otherwise provided in this subsection, the
Secretary, in making a payment under this section to or for a
person described in subparagraph (A), (B), (C), or (D) of
subsection (b)(1) of this section for travel for examination,
treatment, or care, shall deduct from the amount otherwise
payable an amount equal to $3 for each one-way trip.
(2) In the case of a person who is determined by the
Secretary to be a person who is required to make six or more
one-way trips for needed examination, treatment, or care during
the remainder of the calendar month in which the determination
is made or during any subsequent calendar month during the one-
year period following the last day of the month in which the
determination is made, the amount deducted by the Secretary
pursuant to paragraph (1) of this subsection from payments for
trips made to or from such facility during any such month shall
not exceed $18.
(3) No deduction shall be made pursuant to paragraph (1) of
this subsection in the case of a person whose travel to or from
a Department facility is performed by a special mode of travel
for which payment under this section is authorized under
subsection (b)(3) of this section.
(4) The Secretary may waive the deduction requirement of
paragraph (1) of this subsection in the case of the travel of
any veteran for whom the imposition of the deduction would
cause severe financial hardship. The Secretary shall prescribe
in regulations the conditions under which a finding of severe
financial hardship is warranted for purposes of this paragraph.
(d) Payment of the following expenses or allowances in
connection with vocational rehabilitation, counseling, or upon
termination of examination, treatment, or care, may be made
before the completion of travel:
(1) The mileage allowance authorized by subsection
(a) of this section.
(2) Actual local travel expenses.
(3) The expense of hiring an automobile or ambulance,
or the fee authorized for the services of a nonemployee
attendant.
(e)(1) Except as provided in paragraph (2), when any person
entitled to mileage under this section requires an attendant
(other than an employee of the Department) in order to perform
such travel, the attendant may be allowed expenses of travel
upon the same basis as such person.
(2)(A) Without regard to whether an eligible veteran entitled
to mileage under this section for travel to a Department
facility for the purpose of medical examination, treatment, or
care requires an attendant in order to perform such travel, an
attendant of such veteran described in subparagraph (B) may be
allowed expenses of travel (including lodging and subsistence)
upon the same basis as such veteran during--
(i) the period of time in which such veteran is
traveling to and from a Department facility for the
purpose of medical examination, treatment, or care; and
(ii) the duration of the medical examination,
treatment, or care episode for such veteran.
(B) An attendant of a veteran described in this subparagraph
is a provider of personal care services for such veteran who is
approved under paragraph (6) of section 1720G(a) of this title
or designated under paragraph (7) of such section 1720G(a).
(C) The Secretary may prescribe regulations to carry out this
paragraph. Such regulations may include provisions--
(i) to limit the number of attendants that may
receive expenses of travel under this paragraph for a
single medical examination, treatment, or care episode
of an eligible veteran; and
(ii) to require such attendants to use certain travel
services.
(D) In this subsection, the term ``eligible veteran'' has the
meaning given that term in section 1720G(a)(2) of this title.
(f) The Secretary may provide for the purchase of printed
reduced-fare requests for use by veterans and their authorized
attendants when traveling at their own expense to or from any
Department facility.
(g)(1) Beginning one year after the date of the enactment of
the Caregivers and Veterans Omnibus Health Services Act of
2010, the Secretary may adjust the mileage rate described in
subsection (a) to be equal to the mileage reimbursement rate
for the use of privately owned vehicles by Government employees
on official business (when a Government vehicle is available),
as prescribed by the Administrator of General Services under
section 5707(b) of title 5.
(2) If an adjustment in the mileage rate under paragraph (1)
results in a lower mileage rate than the mileage rate otherwise
specified in subsection (a), the Secretary shall, not later
than 60 days before the date of the implementation of the
mileage rate as so adjusted, submit to Congress a written
report setting forth the adjustment in the mileage rate under
this subsection, together with a justification for the decision
to make the adjustment in the mileage rate under this
subsection.
(h)(1) Notwithstanding any other provision of law, the
Secretary may make payments to or for any person traveling in,
to, or from the Freely Associated States for receipt of care or
services authorized under section 1724(f) of this title.
(2) A person who has received payment for travel in a country
pursuant to this subsection shall remain eligible for payment
for such travel in that country regardless of whether the
country continues to qualify as a Freely Associated State for
purposes of this subsection.
(3) The Secretary shall prescribe regulations to carry out
this subsection.
(4) In this subsection, the term ``Freely Associated States''
means--
(A) the Federated States of Micronesia, during such
time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it is
a party to the Compact of Free Association between the
United States and the Government of Palau set forth in
section 201 of Joint Resolution entitled ``Joint
Resolution to approve the `Compact of Free Association'
between the United States and the Government of Palau,
and for other purposes'' (Public Law 99-658; 48 U.S.C.
1931 note).
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND
NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
* * * * * * *
Sec. 1724. Hospital care, medical services, and nursing home care
abroad
(a) Except as provided in [subsections (b) and (c)]
subsections (b), (c), and (f), the Secretary shall not furnish
hospital or domiciliary care or medical services outside any
State.
(b)(1) The Secretary may furnish hospital care and medical
services outside a State to a veteran who is otherwise eligible
to receive hospital care and medical services if the Secretary
determines that such care and services are needed for the
treatment of a service-connected disability of the veteran or
as part of a rehabilitation program under chapter 31 of this
title.
(2) Care and services for a service-connected disability of a
veteran who is not a citizen of the United States may be
furnished under this subsection only--
(A) if the veteran is in the Republic of the
Philippines or in Canada; or
(B) if the Secretary determines, as a matter of
discretion and pursuant to regulations which the
Secretary shall prescribe, that it is appropriate and
feasible to furnish such care and services.
(c) Within the limits of those facilities of the Veterans
Memorial Medical Center at Manila, Republic of the Philippines,
for which the Secretary may contract, the Secretary may furnish
necessary hospital care to a veteran for any non-service-
connected disability if such veteran is unable to defray the
expenses of necessary hospital care. The Secretary may enter
into contracts to carry out this section.
(d) The Secretary may furnish nursing home care, on the same
terms and conditions set forth in section 1720(a) of this
title, to any veteran who has been furnished hospital care in
the Philippines pursuant to this section, but who requires a
protracted period of nursing home care.
(e) Within the limits of an outpatient clinic in the Republic
of the Philippines that is under the direct jurisdiction of the
Secretary, the Secretary may furnish a veteran who has a
service-connected disability with such medical services as the
Secretary determines to be needed.
(f)(1) The Secretary may furnish hospital care and medical
services in the Freely Associated States to a veteran who is
otherwise eligible to receive hospital care and medical
services.
(2) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and
medical services through--
(A) contracts or other agreements;
(B) reimbursement; or
(C) the direct provision of care by health care
personnel of the Department.
(3) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and
medical services for any condition regardless of whether the
condition is connected to the service of the veteran in the
Armed Forces.
(4)(A) A veteran who has received hospital care or medical
services in a country pursuant to this subsection shall remain
eligible, to the extent determined advisable and practicable by
the Secretary, for hospital care or medical services in that
country regardless of whether the country continues to qualify
as a Freely Associated State for purposes of this subsection.
(B) If the Secretary determines it is no longer advisable or
practicable to allow veterans described in subparagraph (A) to
remain eligible for hospital care or medical services pursuant
to such subparagraph, the Secretary shall--
(i) provide direct notice of that determination to
such veterans; and
(ii) publish that determination and the reasons for
that determination in the Federal Register.
(5) In this subsection, the term ``Freely Associated States''
means--
(A) the Federated States of Micronesia, during such
time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free
Association set forth in section 201 of the Compact of
Free Association Act of 1985 (Public Law 99-239; 48
U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it is
a party to the Compact of Free Association between the
United States and the Government of Palau set forth in
section 201 of Joint Resolution entitled ``Joint
Resolution to approve the `Compact of Free Association'
between the United States and the Government of Palau,
and for other purposes'' (Public Law 99-658; 48 U.S.C.
1931 note).
* * * * * * *
Sec. 1730C. Licensure of health care professionals providing treatment
via telemedicine
(a) In General.--Notwithstanding any provision of law
regarding the licensure of health care professionals, a covered
health care professional may practice the health care
profession of the health care professional at any location in
[any State] any State or any of the Freely Associated States
(as defined in section 1724(f) of this title), regardless of
where the covered health care professional or the patient is
located, if the covered health care professional is using
telemedicine to provide treatment to an individual under this
chapter.
(b) Covered Health Care Professionals.--For purposes of this
section, a covered health care professional is any of the
following individuals:
(1) A health care professional who--
(A) is an employee of the Department
appointed under section 7306, 7401, 7405, 7406,
or 7408 of this title or under title 5;
(B) is authorized by the Secretary to provide
health care under this chapter;
(C) is required to adhere to all standards
for quality relating to the provision of health
care in accordance with applicable policies of
the Department; and
(D)(i) has an active, current, full, and
unrestricted license, registration, or
certification in a State to practice the health
care profession of the health care
professional; or
(ii) with respect to a health care profession
listed under section 7402(b) of this title, has
the qualifications for such profession as set
forth by the Secretary.
(2) A postgraduate health care employee who--
(A) is appointed under section 7401(1),
7401(3), or 7405 of this title or title 5 for
any category of personnel described in
paragraph (1) or (3) of section 7401 of this
title;
(B) must obtain an active, current, full, and
unrestricted license, registration, or
certification or meet qualification standards
set forth by the Secretary within a specified
time frame; and
(C) is under the clinical supervision of a
health care professional described in paragraph
(1); or
(3) A health professions trainee who--
(A) is appointed under section 7405 or 7406
of this title; and
(B) is under the clinical supervision of a
health care professional described in paragraph
(1).
(c) Property of Federal Government.--Subsection (a) shall
apply to a covered health care professional providing treatment
to a patient regardless of whether the covered health care
professional or patient is located in a facility owned by the
Federal Government during such treatment.
(d) Relation to State Law.--(1) The provisions of this
section shall supersede any provisions of the law of any State
to the extent that such provision of State law are inconsistent
with this section.
(2) No State shall deny or revoke the license, registration,
or certification of a covered health care professional who
otherwise meets the qualifications of the State for holding the
license, registration, or certification on the basis that the
covered health care professional has engaged or intends to
engage in activity covered by subsection (a).
(e) Rule of Construction.--Nothing in this section may be
construed to remove, limit, or otherwise affect any obligation
of a covered health care professional under the Controlled
Substances Act (21 U.S.C. 801 et seq.).
(f) State Defined.--In this section, the term ``State'' means
a State, as defined in section 101(20) of this title, or a
political subdivision of a State.
* * * * * * *
----------
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
* * * * * * *
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
(a) Grants to States.--
(1) Purpose of grants.--The Secretary shall make
grants to States, outlying areas, and freely associated
States, and provide funds to the Secretary of the
Interior, to assist them to provide special education
and related services to children with disabilities in
accordance with this part.
(2) Maximum amount.--The maximum amount of the grant
a State may receive under this section--
(A) for fiscal years 2005 and 2006 is--
(i) the number of children with
disabilities in the State who are
receiving special education and related
services--
(I) aged 3 through 5 if the
State is eligible for a grant
under section 619; and
(II) aged 6 through 21;
multiplied by
(ii) 40 percent of the average per-
pupil expenditure in public elementary
schools and secondary schools in the
United States; and
(B) for fiscal year 2007 and subsequent
fiscal years is--
(i) the number of children with
disabilities in the 2004-2005 school
year in the State who received special
education and related services--
(I) aged 3 through 5 if the
State is eligible for a grant
under section 619; and
(II) aged 6 through 21;
multiplied by
(ii) 40 percent of the average per-
pupil expenditure in public elementary
schools and secondary schools in the
United States; adjusted by
(iii) the rate of annual change in
the sum of--
(I) 85 percent of such
State's population described in
subsection (d)(3)(A)(i)(II);
and
(II) 15 percent of such
State's population described in
subsection (d)(3)(A)(i)(III).
(b) Outlying Areas and Freely Associated States; Secretary of
the Interior.--
(1) Outlying areas and freely associated states.--
[(A) Funds reserved.--From the amount
appropriated for any fiscal year under
subsection (i), the Secretary shall reserve not
more than 1 percent, which shall be used--
[(i) to provide assistance to the
outlying areas in accordance with their
respective populations of individuals
aged 3 through 21; and
[(ii) to provide each freely
associated State a grant in the amount
that such freely associated State
received for fiscal year 2003 under
this part, but only if the freely
associated State meets the applicable
requirements of this part, as well as
the requirements of section
611(b)(2)(C) as such section was in
effect on the day before the date of
enactment of the Individuals with
Disabilities Education Improvement Act
of 2004.]
(A) Funds reserved.--From the amount
appropriated for any fiscal year under
subsection (i), the Secretary shall reserve not
more than 1 percent, which shall be used as
follows:
(i) To provide assistance to the
outlying areas in accordance with their
respective populations of individuals
aged 3 through 21.
(ii)(I) To provide each freely
associated State a grant so that no
freely associated State receives a
lesser share of the total funds
reserved for the freely associated
State than the freely associated State
received of those funds for fiscal year
2023.
(II) Each freely associated State
shall establish its eligibility under
this subparagraph consistent with the
requirements for a State under section
612.
(III) The funds provided to each
freely associated State under this part
may be used to provide, to each infant
or toddler with a disability (as
defined in section 632), either a free
appropriate public education,
consistent with section 612, or early
intervention services consistent with
part C, notwithstanding the application
and eligibility requirements of
sections 634(2), 635, and 637.
(B) Special rule.--The provisions of Public
Law 95-134, permitting the consolidation of
grants by the outlying areas, shall not apply
to funds provided to the outlying areas or the
freely associated States under this section.
(C) Definition.--In this paragraph, the term
``freely associated States'' means the Republic
of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(2) Secretary of the interior.--From the amount
appropriated for any fiscal year under subsection (i),
the Secretary shall reserve 1.226 percent to provide
assistance to the Secretary of the Interior in
accordance with subsection (h).
(c) Technical Assistance.--
(1) In general.--The Secretary may reserve not more
than \1/2\ of 1 percent of the amounts appropriated
under this part for each fiscal year to provide
technical assistance activities authorized under
section 616(i).
(2) Maximum amount.--The maximum amount the Secretary
may reserve under paragraph (1) for any fiscal year is
$25,000,000, cumulatively adjusted by the rate of
inflation as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer
Price Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of Labor.
(d) Allocations to States.--
(1) In general.--After reserving funds for technical
assistance, and for payments to the outlying areas, the
freely associated States, and the Secretary of the
Interior under subsections (b) and (c) for a fiscal
year, the Secretary shall allocate the remaining amount
among the States in accordance with this subsection.
(2) Special rule for use of fiscal year 1999
amount.--If a State received any funds under this
section for fiscal year 1999 on the basis of children
aged 3 through 5, but does not make a free appropriate
public education available to all children with
disabilities aged 3 through 5 in the State in any
subsequent fiscal year, the Secretary shall compute the
State's amount for fiscal year 1999, solely for the
purpose of calculating the State's allocation in that
subsequent year under paragraph (3) or (4), by
subtracting the amount allocated to the State for
fiscal year 1999 on the basis of those children.
(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) for a fiscal
year is equal to or greater than the amount allocated
to the States under this paragraph for the preceding
fiscal year, those allocations shall be calculated as
follows:
(A) Allocation of increase.--
(i) In general.--Except as provided
in subparagraph (B), the Secretary
shall allocate for the fiscal year--
(I) to each State the amount
the State received under this
section for fiscal year 1999;
(II) 85 percent of any
remaining funds to States on
the basis of the States'
relative populations of
children aged 3 through 21 who
are of the same age as children
with disabilities for whom the
State ensures the availability
of a free appropriate public
education under this part; and
(III) 15 percent of those
remaining funds to States on
the basis of the States'
relative populations of
children described in subclause
(II) who are living in poverty.
(ii) Data.--For the purpose of making
grants under this paragraph, the
Secretary shall use the most recent
population data, including data on
children living in poverty, that are
available and satisfactory to the
Secretary.
(B) Limitations.--Notwithstanding
subparagraph (A), allocations under this
paragraph shall be subject to the following:
(i) Preceding year allocation.--No
State's allocation shall be less than
its allocation under this section for
the preceding fiscal year.
(ii) Minimum.--No State's allocation
shall be less than the greatest of--
(I) the sum of--
(aa) the amount the
State received under
this section for fiscal
year 1999; and
(bb) \1/3\ of 1
percent of the amount
by which the amount
appropriated under
subsection (i) for the
fiscal year exceeds the
amount appropriated for
this section for fiscal
year 1999;
(II) the sum of--
(aa) the amount the
State received under
this section for the
preceding fiscal year;
and
(bb) that amount
multiplied by the
percentage by which the
increase in the funds
appropriated for this
section from the
preceding fiscal year
exceeds 1.5 percent; or
(III) the sum of--
(aa) the amount the
State received under
this section for the
preceding fiscal year;
and
(bb) that amount
multiplied by 90
percent of the
percentage increase in
the amount appropriated
for this section from
the preceding fiscal
year.
(iii) Maximum.--Notwithstanding
clause (ii), no State's allocation
under this paragraph shall exceed the
sum of--
(I) the amount the State
received under this section for
the preceding fiscal year; and
(II) that amount multiplied
by the sum of 1.5 percent and
the percentage increase in the
amount appropriated under this
section from the preceding
fiscal year.
(C) Ratable reduction.--If the amount
available for allocations under this paragraph
is insufficient to pay those allocations in
full, those allocations shall be ratably
reduced, subject to subparagraph (B)(i).
(4) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) for a fiscal
year is less than the amount allocated to the States
under this section for the preceding fiscal year, those
allocations shall be calculated as follows:
(A) Amounts greater than fiscal year 1999
allocations.--If the amount available for
allocations is greater than the amount
allocated to the States for fiscal year 1999,
each State shall be allocated the sum of--
(i) the amount the State received
under this section for fiscal year
1999; and
(ii) an amount that bears the same
relation to any remaining funds as the
increase the State received under this
section for the preceding fiscal year
over fiscal year 1999 bears to the
total of all such increases for all
States.
(B) Amounts equal to or less than fiscal year
1999 allocations.--
(i) In general.--If the amount
available for allocations under this
paragraph is equal to or less than the
amount allocated to the States for
fiscal year 1999, each State shall be
allocated the amount the State received
for fiscal year 1999.
(ii) Ratable reduction.--If the
amount available for allocations under
this paragraph is insufficient to make
the allocations described in clause
(i), those allocations shall be ratably
reduced.
(e) State-Level Activities.--
(1) State administration.--
(A) In general.--For the purpose of
administering this part, including paragraph
(3), section 619, and the coordination of
activities under this part with, and providing
technical assistance to, other programs that
provide services to children with
disabilities--
(i) each State may reserve for each
fiscal year not more than the maximum
amount the State was eligible to
reserve for State administration under
this section for fiscal year 2004 or
$800,000 (adjusted in accordance with
subparagraph (B)), whichever is
greater; and
(ii) each outlying area may reserve
for each fiscal year not more than 5
percent of the amount the outlying area
receives under subsection (b)(1) for
the fiscal year or $35,000, whichever
is greater.
(B) Cumulative annual adjustments.--For each
fiscal year beginning with fiscal year 2005,
the Secretary shall cumulatively adjust--
(i) the maximum amount the State was
eligible to reserve for State
administration under this part for
fiscal year 2004; and
(ii) $800,000,
by the rate of inflation as measured by the
percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index For All
Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor.
(C) Certification.--Prior to expenditure of
funds under this paragraph, the State shall
certify to the Secretary that the arrangements
to establish responsibility for services
pursuant to section 612(a)(12)(A) are current.
(D) Part C.--Funds reserved under
subparagraph (A) may be used for the
administration of part C, if the State
educational agency is the lead agency for the
State under such part.
(2) Other state-level activities.--
(A) State-level activities.--
(i) In general.--Except as provided
in clause (iii), for the purpose of
carrying out State-level activities,
each State may reserve for each of the
fiscal years 2005 and 2006 not more
than 10 percent from the amount of the
State's allocation under subsection (d)
for each of the fiscal years 2005 and
2006, respectively. For fiscal year
2007 and each subsequent fiscal year,
the State may reserve the maximum
amount the State was eligible to
reserve under the preceding sentence
for fiscal year 2006 (cumulatively
adjusted by the rate of inflation as
measured by the percentage increase, if
any, from the preceding fiscal year in
the Consumer Price Index For All Urban
Consumers, published by the Bureau of
Labor Statistics of the Department of
Labor).
(ii) Small state adjustment.--
Notwithstanding clause (i) and except
as provided in clause (iii), in the
case of a State for which the maximum
amount reserved for State
administration is not greater than
$850,000, the State may reserve for the
purpose of carrying out State-level
activities for each of the fiscal years
2005 and 2006, not more than 10.5
percent from the amount of the State's
allocation under subsection (d) for
each of the fiscal years 2005 and 2006,
respectively. For fiscal year 2007 and
each subsequent fiscal year, such State
may reserve the maximum amount the
State was eligible to reserve under the
preceding sentence for fiscal year 2006
(cumulatively adjusted by the rate of
inflation as measured by the percentage
increase, if any, from the preceding
fiscal year in the Consumer Price Index
For All Urban Consumers, published by
the Bureau of Labor Statistics of the
Department of Labor).
(iii) Exception.--If a State does not
reserve funds under paragraph (3) for a
fiscal year, then--
(I) in the case of a State
that is not described in clause
(ii), for fiscal year 2005 or
2006, clause (i) shall be
applied by substituting ``9.0
percent'' for ``10 percent'';
and
(II) in the case of a State
that is described in clause
(ii), for fiscal year 2005 or
2006, clause (ii) shall be
applied by substituting ``9.5
percent'' for ``10.5 percent''.
(B) Required activities.--Funds reserved
under subparagraph (A) shall be used to carry
out the following activities:
(i) For monitoring, enforcement, and
complaint investigation.
(ii) To establish and implement the
mediation process required by section
615(e), including providing for the
cost of mediators and support
personnel.
(C) Authorized activities.--Funds reserved
under subparagraph (A) may be used to carry out
the following activities:
(i) For support and direct services,
including technical assistance,
personnel preparation, and professional
development and training.
(ii) To support paperwork reduction
activities, including expanding the use
of technology in the IEP process.
(iii) To assist local educational
agencies in providing positive
behavioral interventions and supports
and appropriate mental health services
for children with disabilities.
(iv) To improve the use of technology
in the classroom by children with
disabilities to enhance learning.
(v) To support the use of technology,
including technology with universal
design principles and assistive
technology devices, to maximize
accessibility to the general education
curriculum for children with
disabilities.
(vi) Development and implementation
of transition programs, including
coordination of services with agencies
involved in supporting the transition
of children with disabilities to
postsecondary activities.
(vii) To assist local educational
agencies in meeting personnel
shortages.
(viii) To support capacity building
activities and improve the delivery of
services by local educational agencies
to improve results for children with
disabilities.
(ix) Alternative programming for
children with disabilities who have
been expelled from school, and services
for children with disabilities in
correctional facilities, children
enrolled in State-operated or State-
supported schools, and children with
disabilities in charter schools.
(x) To support the development and
provision of appropriate accommodations
for children with disabilities, or the
development and provision of alternate
assessments that are valid and reliable
for assessing the performance of
children with disabilities, in
accordance with sections 1111(b) and
1201 of the Elementary and Secondary
Education Act of 1965.
(xi) To provide technical assistance
to schools and local educational
agencies, and direct services,
including direct student services
described in section 1003A(c)(3) of the
Elementary and Secondary Education Act
of 1965 to children with disabilities,
to schools or local educational
agencies implementing comprehensive
support and improvement activities or
targeted support and improvement
activities under section 1111(d) of the
Elementary and Secondary Education Act
of 1965 on the basis of consistent
underperformance of the disaggregated
subgroup of children with disabilities,
including providing professional
development to special and regular
education teachers, who teach children
with disabilities, based on
scientifically based research to
improve educational instruction, in
order to improve academic achievement
based on the challenging academic
standards described in section
1111(b)(1) of such Act.
(3) Local educational agency risk pool.--
(A) In general.--
(i) Reservation of funds.--For the
purpose of assisting local educational
agencies (including a charter school
that is a local educational agency or a
consortium of local educational
agencies) in addressing the needs of
high need children with disabilities,
each State shall have the option to
reserve for each fiscal year 10 percent
of the amount of funds the State
reserves for State-level activities
under paragraph (2)(A)--
(I) to establish and make
disbursements from the high
cost fund to local educational
agencies in accordance with
this paragraph during the first
and succeeding fiscal years of
the high cost fund; and
(II) to support innovative
and effective ways of cost
sharing by the State, by a
local educational agency, or
among a consortium of local
educational agencies, as
determined by the State in
coordination with
representatives from local
educational agencies, subject
to subparagraph (B)(ii).
(ii) Definition of local educational
agency.--In this paragraph the term
``local educational agency'' includes a
charter school that is a local
educational agency, or a consortium of
local educational agencies.
(B) Limitation on uses of funds.--
(i) Establishment of high cost
fund.--A State shall not use any of the
funds the State reserves pursuant to
subparagraph (A)(i), but may use the
funds the State reserves under
paragraph (1), to establish and support
the high cost fund.
(ii) Innovative and effective cost
sharing.--A State shall not use more
than 5 percent of the funds the State
reserves pursuant to subparagraph
(A)(i) for each fiscal year to support
innovative and effective ways of cost
sharing among consortia of local
educational agencies.
(C) State plan for high cost fund.--
(i) Definition.--The State
educational agency shall establish the
State's definition of a high need child
with a disability, which definition
shall be developed in consultation with
local educational agencies.
(ii) State plan.--The State
educational agency shall develop, not
later than 90 days after the State
reserves funds under this paragraph,
annually review, and amend as
necessary, a State plan for the high
cost fund. Such State plan shall--
(I) establish, in
coordination with
representatives from local
educational agencies, a
definition of a high need child
with a disability that, at a
minimum--
(aa) addresses the
financial impact a high
need child with a
disability has on the
budget of the child's
local educational
agency; and
(bb) ensures that the
cost of the high need
child with a disability
is greater than 3 times
the average per pupil
expenditure (as defined
in section 8101 of the
Elementary and
Secondary Education Act
of 1965) in that State;
(II) establish eligibility
criteria for the participation
of a local educational agency
that, at a minimum, takes into
account the number and
percentage of high need
children with disabilities
served by a local educational
agency;
(III) develop a funding
mechanism that provides
distributions each fiscal year
to local educational agencies
that meet the criteria
developed by the State under
subclause (II); and
(IV) establish an annual
schedule by which the State
educational agency shall make
its distributions from the high
cost fund each fiscal year.
(iii) Public availability.--The State
shall make its final State plan
publicly available not less than 30
days before the beginning of the school
year, including dissemination of such
information on the State website.
(D) Disbursements from the high cost fund.--
(i) In general.--Each State
educational agency shall make all
annual disbursements from the high cost
fund established under subparagraph
(A)(i) in accordance with the State
plan published pursuant to subparagraph
(C).
(ii) Use of disbursements.--Each
State educational agency shall make
annual disbursements to eligible local
educational agencies in accordance with
its State plan under subparagraph
(C)(ii).
(iii) Appropriate costs.--The costs
associated with educating a high need
child with a disability under
subparagraph (C)(i) are only those
costs associated with providing direct
special education and related services
to such child that are identified in
such child's IEP.
(E) Legal fees.--The disbursements under
subparagraph (D) shall not support legal fees,
court costs, or other costs associated with a
cause of action brought on behalf of a child
with a disability to ensure a free appropriate
public education for such child.
(F) Assurance of a free appropriate public
education.--Nothing in this paragraph shall be
construed--
(i) to limit or condition the right
of a child with a disability who is
assisted under this part to receive a
free appropriate public education
pursuant to section 612(a)(1) in the
least restrictive environment pursuant
to section 612(a)(5); or
(ii) to authorize a State educational
agency or local educational agency to
establish a limit on what may be spent
on the education of a child with a
disability.
(G) Special rule for risk pool and high need
assistance programs in effect as of january 1,
2004.--Notwithstanding the provisions of
subparagraphs (A) through (F), a State may use
funds reserved pursuant to this paragraph for
implementing a placement neutral cost sharing
and reimbursement program of high need, low
incidence, catastrophic, or extraordinary aid
to local educational agencies that provides
services to high need students based on
eligibility criteria for such programs that
were created not later than January 1, 2004,
and are currently in operation, if such program
serves children that meet the requirement of
the definition of a high need child with a
disability as described in subparagraph
(C)(ii)(I).
(H) Medicaid services not affected.--
Disbursements provided under this paragraph
shall not be used to pay costs that otherwise
would be reimbursed as medical assistance for a
child with a disability under the State
medicaid program under title XIX of the Social
Security Act.
(I) Remaining funds.--Funds reserved under
subparagraph (A) in any fiscal year but not
expended in that fiscal year pursuant to
subparagraph (D) shall be allocated to local
educational agencies for the succeeding fiscal
year in the same manner as funds are allocated
to local educational agencies under subsection
(f) for the succeeding fiscal year.
(4) Inapplicability of certain prohibitions.--A State
may use funds the State reserves under paragraphs (1)
and (2) without regard to--
(A) the prohibition on commingling of funds
in section 612(a)(17)(B); and
(B) the prohibition on supplanting other
funds in section 612(a)(17)(C).
(5) Report on use of funds.--As part of the
information required to be submitted to the Secretary
under section 612, each State shall annually describe
how amounts under this section--
(A) will be used to meet the requirements of
this title; and
(B) will be allocated among the activities
described in this section to meet State
priorities based on input from local
educational agencies.
(6) Special rule for increased funds.--A State may
use funds the State reserves under paragraph (1)(A) as
a result of inflationary increases under paragraph
(1)(B) to carry out activities authorized under clause
(i), (iii), (vii), or (viii) of paragraph (2)(C).
(7) Flexibility in using funds for part c.--Any State
eligible to receive a grant under section 619 may use
funds made available under paragraph (1)(A), subsection
(f)(3), or section 619(f)(5) to develop and implement a
State policy jointly with the lead agency under part C
and the State educational agency to provide early
intervention services (which shall include an
educational component that promotes school readiness
and incorporates preliteracy, language, and numeracy
skills) in accordance with part C to children with
disabilities who are eligible for services under
section 619 and who previously received services under
part C until such children enter, or are eligible under
State law to enter, kindergarten, or elementary school
as appropriate.
(f) Subgrants to Local Educational Agencies.--
(1) Subgrants required.--Each State that receives a
grant under this section for any fiscal year shall
distribute any funds the State does not reserve under
subsection (e) to local educational agencies (including
public charter schools that operate as local
educational agencies) in the State that have
established their eligibility under section 613 for use
in accordance with this part.
(2) Procedure for allocations to local educational
agencies.--For each fiscal year for which funds are
allocated to States under subsection (d), each State
shall allocate funds under paragraph (1) as follows:
(A) Base payments.--The State shall first
award each local educational agency described
in paragraph (1) the amount the local
educational agency would have received under
this section for fiscal year 1999, if the State
had distributed 75 percent of its grant for
that year under section 611(d) as section
611(d) was then in effect.
(B) Allocation of remaining funds.--After
making allocations under subparagraph (A), the
State shall--
(i) allocate 85 percent of any
remaining funds to those local
educational agencies on the basis of
the relative numbers of children
enrolled in public and private
elementary schools and secondary
schools within the local educational
agency's jurisdiction; and
(ii) allocate 15 percent of those
remaining funds to those local
educational agencies in accordance with
their relative numbers of children
living in poverty, as determined by the
State educational agency.
(3) Reallocation of funds.--If a State educational
agency determines that a local educational agency is
adequately providing a free appropriate public
education to all children with disabilities residing in
the area served by that local educational agency with
State and local funds, the State educational agency may
reallocate any portion of the funds under this part
that are not needed by that local educational agency to
provide a free appropriate public education to other
local educational agencies in the State that are not
adequately providing special education and related
services to all children with disabilities residing in
the areas served by those other local educational
agencies.
(g) Definitions.--In this section:
(1) Average per-pupil expenditure in public
elementary schools and secondary schools in the united
states.--The term ``average per-pupil expenditure in
public elementary schools and secondary schools in the
United States' means--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the second fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the 50
States and the District of Columbia;
plus
(ii) any direct expenditures by the
State for the operation of those
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year.
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(h) Use of Amounts by Secretary of the Interior.--
(1) Provision of amounts for assistance.--
(A) In general.--The Secretary of Education
shall provide amounts to the Secretary of the
Interior to meet the need for assistance for
the education of children with disabilities on
reservations aged 5 to 21, inclusive, enrolled
in elementary schools and secondary schools for
Indian children operated or funded by the
Secretary of the Interior. The amount of such
payment for any fiscal year shall be equal to
80 percent of the amount allotted under
subsection (b)(2) for that fiscal year. Of the
amount described in the preceding sentence--
(i) 80 percent shall be allocated to
such schools by July 1 of that fiscal
year; and
(ii) 20 percent shall be allocated to
such schools by September 30 of that
fiscal year.
(B) Calculation of number of children.--In
the case of Indian students aged 3 to 5,
inclusive, who are enrolled in programs
affiliated with the Bureau of Indian Affairs
(referred to in this subsection as the ``BIA'')
schools and that are required by the States in
which such schools are located to attain or
maintain State accreditation, and which schools
have such accreditation prior to the date of
enactment of the Individuals with Disabilities
Education Act Amendments of 1991, the school
shall be allowed to count those children for
the purpose of distribution of the funds
provided under this paragraph to the Secretary
of the Interior. The Secretary of the Interior
shall be responsible for meeting all of the
requirements of this part for those children,
in accordance with paragraph (2).
(C) Additional requirement.--With respect to
all other children aged 3 to 21, inclusive, on
reservations, the State educational agency
shall be responsible for ensuring that all of
the requirements of this part are implemented.
(2) Submission of information.--The Secretary of
Education may provide the Secretary of the Interior
amounts under paragraph (1) for a fiscal year only if
the Secretary of the Interior submits to the Secretary
of Education information that--
(A) demonstrates that the Department of the
Interior meets the appropriate requirements, as
determined by the Secretary of Education, of
sections 612 (including monitoring and
evaluation activities) and 613;
(B) includes a description of how the
Secretary of the Interior will coordinate the
provision of services under this part with
local educational agencies, tribes and tribal
organizations, and other private and Federal
service providers;
(C) includes an assurance that there are
public hearings, adequate notice of such
hearings, and an opportunity for comment
afforded to members of tribes, tribal governing
bodies, and affected local school boards before
the adoption of the policies, programs, and
procedures related to the requirements
described in subparagraph (A);
(D) includes an assurance that the Secretary
of the Interior will provide such information
as the Secretary of Education may require to
comply with section 618;
(E) includes an assurance that the Secretary
of the Interior and the Secretary of Health and
Human Services have entered into a memorandum
of agreement, to be provided to the Secretary
of Education, for the coordination of services,
resources, and personnel between their
respective Federal, State, and local offices
and with State and local educational agencies
and other entities to facilitate the provision
of services to Indian children with
disabilities residing on or near reservations
(such agreement shall provide for the
apportionment of responsibilities and costs,
including child find, evaluation, diagnosis,
remediation or therapeutic measures, and (where
appropriate) equipment and medical or personal
supplies as needed for a child to remain in
school or a program); and
(F) includes an assurance that the Department
of the Interior will cooperate with the
Department of Education in its exercise of
monitoring and oversight of this application,
and any agreements entered into between the
Secretary of the Interior and other entities
under this part, and will fulfill its duties
under this part.
(3) Applicability.--The Secretary shall withhold
payments under this subsection with respect to the
information described in paragraph (2) in the same
manner as the Secretary withholds payments under
section 616(e)(6).
(4) Payments for education and services for indian
children with disabilities aged 3 through 5.--
(A) In general.--With funds appropriated
under subsection (i), the Secretary of
Education shall make payments to the Secretary
of the Interior to be distributed to tribes or
tribal organizations (as defined under section
4 of the Indian Self-Determination and
Education Assistance Act) or consortia of
tribes or tribal organizations to provide for
the coordination of assistance for special
education and related services for children
with disabilities aged 3 through 5 on
reservations served by elementary schools and
secondary schools for Indian children operated
or funded by the Department of the Interior.
The amount of such payments under subparagraph
(B) for any fiscal year shall be equal to 20
percent of the amount allotted under subsection
(b)(2).
(B) Distribution of funds.--The Secretary of
the Interior shall distribute the total amount
of the payment under subparagraph (A) by
allocating to each tribe, tribal organization,
or consortium an amount based on the number of
children with disabilities aged 3 through 5
residing on reservations as reported annually,
divided by the total of those children served
by all tribes or tribal organizations.
(C) Submission of information.--To receive a
payment under this paragraph, the tribe or
tribal organization shall submit such figures
to the Secretary of the Interior as required to
determine the amounts to be allocated under
subparagraph (B). This information shall be
compiled and submitted to the Secretary of
Education.
(D) Use of funds.--The funds received by a
tribe or tribal organization shall be used to
assist in child find, screening, and other
procedures for the early identification of
children aged 3 through 5, parent training, and
the provision of direct services. These
activities may be carried out directly or
through contracts or cooperative agreements
with the BIA, local educational agencies, and
other public or private nonprofit
organizations. The tribe or tribal organization
is encouraged to involve Indian parents in the
development and implementation of these
activities. The tribe or tribal organization
shall, as appropriate, make referrals to local,
State, or Federal entities for the provision of
services or further diagnosis.
(E) Biennial report.--To be eligible to
receive a grant pursuant to subparagraph (A),
the tribe or tribal organization shall provide
to the Secretary of the Interior a biennial
report of activities undertaken under this
paragraph, including the number of contracts
and cooperative agreements entered into, the
number of children contacted and receiving
services for each year, and the estimated
number of children needing services during the
2 years following the year in which the report
is made. The Secretary of the Interior shall
include a summary of this information on a
biennial basis in the report to the Secretary
of Education required under this subsection.
The Secretary of Education may require any
additional information from the Secretary of
the Interior.
(F) Prohibitions.--None of the funds
allocated under this paragraph may be used by
the Secretary of the Interior for
administrative purposes, including child count
and the provision of technical assistance.
(5) Plan for coordination of services.--The Secretary
of the Interior shall develop and implement a plan for
the coordination of services for all Indian children
with disabilities residing on reservations covered
under this title. Such plan shall provide for the
coordination of services benefiting those children from
whatever source, including tribes, the Indian Health
Service, other BIA divisions, and other Federal
agencies. In developing the plan, the Secretary of the
Interior shall consult with all interested and involved
parties. The plan shall be based on the needs of the
children and the system best suited for meeting those
needs, and may involve the establishment of cooperative
agreements between the BIA, other Federal agencies, and
other entities. The plan shall also be distributed upon
request to States, State educational agencies and local
educational agencies, and other agencies providing
services to infants, toddlers, and children with
disabilities, to tribes, and to other interested
parties.
(6) Establishment of advisory board.--To meet the
requirements of section 612(a)(21), the Secretary of
the Interior shall establish, under the BIA, an
advisory board composed of individuals involved in or
concerned with the education and provision of services
to Indian infants, toddlers, children, and youth with
disabilities, including Indians with disabilities,
Indian parents or guardians of such children, teachers,
service providers, State and local educational
officials, representatives of tribes or tribal
organizations, representatives from State Interagency
Coordinating Councils under section 641 in States
having reservations, and other members representing the
various divisions and entities of the BIA. The
chairperson shall be selected by the Secretary of the
Interior. The advisory board shall--
(A) assist in the coordination of services
within the BIA and with other local, State, and
Federal agencies in the provision of education
for infants, toddlers, and children with
disabilities;
(B) advise and assist the Secretary of the
Interior in the performance of the Secretary of
the Interior's responsibilities described in
this subsection;
(C) develop and recommend policies concerning
effective inter- and intra-agency
collaboration, including modifications to
regulations, and the elimination of barriers to
inter- and intra-agency programs and
activities;
(D) provide assistance and disseminate
information on best practices, effective
program coordination strategies, and
recommendations for improved early intervention
services or educational programming for Indian
infants, toddlers, and children with
disabilities; and
(E) provide assistance in the preparation of
information required under paragraph (2)(D).
(7) Annual reports.--
(A) In general.--The advisory board
established under paragraph (6) shall prepare
and submit to the Secretary of the Interior and
to Congress an annual report containing a
description of the activities of the advisory
board for the preceding year.
(B) Availability.--The Secretary of the
Interior shall make available to the Secretary
of Education the report described in
subparagraph (A).
(i) Authorization of Appropriations.--For the purpose of
carrying out this part, other than section 619, there are
authorized to be appropriated--
(1) $12,358,376,571 for fiscal year 2005;
(2) $14,648,647,143 for fiscal year 2006;
(3) $16,938,917,714 for fiscal year 2007;
(4) $19,229,188,286 for fiscal year 2008;
(5) $21,519,458,857 for fiscal year 2009;
(6) $23,809,729,429 for fiscal year 2010;
(7) $26,100,000,000 for fiscal year 2011; and
(8) such sums as may be necessary for fiscal year
2012 and each succeeding fiscal year.
* * * * * * *
----------
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
* * * * * * *
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
* * * * * * *
Subpart 2--Allocations
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--Subject to subsection (e), from
the amount appropriated for payments to States for any fiscal
year under section 1002(a), the Secretary shall--
(1) reserve 0.4 percent to provide assistance to the
outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance to the
Secretary of the Interior in accordance with subsection
(d).
(b) Assistance to Outlying Areas.--
(1) Funds reserved.--From the amount made available
for any fiscal year under subsection (a)(1), the
Secretary shall--
[(A) first reserve $1,000,000 for the
Republic of Palau, until Palau enters into an
agreement for extension of United States
educational assistance under the Compact of
Free Association, and subject to such terms and
conditions as the Secretary may establish,
except that Public Law 95-134, permitting the
consolidation of grants, shall not apply; and]
(A) first reserve $1,000,000 for the Republic
of Palau, subject to such terms and conditions
as the Secretary may establish, except that
Public Law 95-134, permitting the consolidation
of grants, shall not apply; and
(B) use the remaining funds to award grants
to the outlying areas in accordance with
paragraphs (2) through (5).
(2) Amount of grants.--The Secretary shall allocate
the amount available under paragraph (1)(B) to the
outlying areas in proportion to their relative numbers
of children, aged 5 to 17, inclusive, from families
below the poverty level, on the basis of the most
recent satisfactory data available from the Department
of Commerce.
(3) Hold-harmless amounts.--For each fiscal year, the
amount made available to each outlying area under this
subsection shall be--
(A) not less than 95 percent of the amount
made available for the preceding fiscal year if
the number of children counted under paragraph
(2) is not less than 30 percent of the total
number of children aged 5 to 17 years,
inclusive, in the outlying area;
(B) not less than 90 percent of the amount
made available for the preceding fiscal year if
the percentage described in subparagraph (A) is
between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount
made available for the preceding fiscal year if
the percentage described in subparagraph (A) is
below 15 percent.
(4) Ratable reductions.--If the amount made available
under paragraph (1)(B) for any fiscal year is
insufficient to pay the full amounts that the outlying
areas are eligible to receive under paragraphs (2) and
(3) for that fiscal year, the Secretary shall ratably
reduce those amounts.
(5) Uses.--Grant funds awarded under paragraph (1)(A)
may be used only--
(A) for programs described in this Act,
including teacher training, curriculum
development, instructional materials, or
general school improvement and reform; and
(B) to provide direct educational services
that assist all students with meeting the
challenging State academic standards.
(c) Definitions.--For the purpose of this section, the term
``outlying area'' means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(d) Allotment to the Secretary of the Interior.--
(1) In general.--The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be used, in accordance with
such criteria as the Secretary may establish, to meet
the unique educational needs of--
(A) Indian children on reservations served by
elementary schools and secondary schools for
Indian children operated or supported by the
Department of the Interior; and
(B) out-of-State Indian children in
elementary schools and secondary schools in
local educational agencies under special
contracts with the Department of the Interior.
(2) Payments.--From the amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, on such terms
as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The amount
of such payment may not exceed, for each such child,
the greater of--
(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
(B) 48 percent of such expenditure in the
United States.
(e) Limitation on Applicability.--If, by reason of the
application of subsection (a) for any fiscal year, the total
amount available for allocation to all States under this part
would be less than the amount allocated to all States for
fiscal year 2016 under this part, the Secretary shall provide
assistance to the outlying areas and the Secretary of the
Interior in accordance with this section, as in effect on the
day before the date of enactment of the Every Student Succeeds
Act.
* * * * * * *
TITLE VIII--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 8101. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Average daily attendance.--
(A) In general.--Except as provided otherwise
by State law or this paragraph, the term
``average daily attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during that year.
(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership (or
other similar data).
(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for the
purpose of this Act--
(i) consider the child to be in
attendance at a school of the agency
making the payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving the payment.
(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
the Secretary shall, for the purpose of this
Act, consider the child to be in attendance at
a school of the agency making the payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States,
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of those
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year.
(3) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(4) Child with a disability.--The term ``child with a
disability'' has the same meaning given that term in
section 602 of the Individuals with Disabilities
Education Act.
(5) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(6) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 8305.
(7) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 8305.
(8) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 8302.
(9) Consolidated state plan.--The term ``consolidated
State plan'' means a plan submitted by a State
educational agency pursuant to section 8302.
(10) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
(11) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) part C of title I;
(C) part D of title I;
(D) part A of title II;
(E) part A of title III;
(F) part A of title IV;
(G) part B of title IV; and
(H) subpart 2 of part B of title V.
(12) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I.
(13) Department.--The term ``Department'' means the
Department of Education.
(14) Distance learning.--The term ``distance
learning'' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
(15) Dual or concurrent enrollment program.--The term
``dual or concurrent enrollment program'' means a
program offered by a partnership between at least one
institution of higher education and at least one local
educational agency through which a secondary school
student who has not graduated from high school with a
regular high school diploma is able to enroll in one or
more postsecondary courses and earn postsecondary
credit that--
(A) is transferable to the institutions of
higher education in the partnership; and
(B) applies toward completion of a degree or
recognized educational credential as described
in the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.).
(16) Early childhood education program.--The term
``early childhood education program'' has the meaning
given the term in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003).
(17) Early college high school.--The term ``early
college high school'' means a partnership between at
least one local educational agency and at least one
institution of higher education that allows
participants to simultaneously complete requirements
toward earning a regular high school diploma and earn
not less than 12 credits that are transferable to the
institutions of higher education in the partnership as
part of an organized course of study toward a
postsecondary degree or credential at no cost to the
participant or participant's family.
(18) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
(19) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
(20) English learner.--The term ``English learner'',
when used with respect to an individual, means an
individual--
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in
an elementary school or secondary school;
(C)(i) who was not born in the United States
or whose native language is a language other
than English;
(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
(II) who comes from an environment where a
language other than English has had a
significant impact on the individual's level of
English language proficiency; or
(iii) who is migratory, whose native language
is a language other than English, and who comes
from an environment where a language other than
English is dominant; and
(D) whose difficulties in speaking, reading,
writing, or understanding the English language
may be sufficient to deny the individual--
(i) the ability to meet the
challenging State academicstandards;
(ii) the ability to successfully
achieve in classrooms where the
language of instruction is English; or
(iii) the opportunity to participate
fully in society.
(21) Evidence-based.--
(A) In general.--Except as provided in
subparagraph (B), the term ``evidence-based'',
when used with respect to a State, local
educational agency, or school activity, means
an activity, strategy, or intervention that--
(i) demonstrates a statistically
significant effect on improving student
outcomes or other relevant outcomes
based on--
(I) strong evidence from at
least 1 well-designed and well-
implemented experimental study;
(II) moderate evidence from
at least 1 well-designed and
well-implemented quasi-
experimental study; or
(III) promising evidence from
at least 1 well-designed and
well-implemented correlational
study with statistical controls
for selection bias; or
(ii)(I) demonstrates a rationale
based on high-quality research findings
or positive evaluation that such
activity, strategy, or intervention is
likely to improve student outcomes or
other relevant outcomes; and
(II) includes ongoing efforts
to examine the effects of such
activity, strategy, or
intervention.
(B) Definition for specific activities funded
under this act.--When used with respect to
interventions or improvement activities or
strategies funded under section 1003, the term
``evidence-based'' means a State, local
educational agency, or school activity,
strategy, or intervention that meets the
requirements of subclause (I), (II), or (III)
of subparagraph (A)(i).
(22) Expanded learning time.--The term ``expanded
learning time'' means using a longer school day, week,
or year schedule to significantly increase the total
number of school hours, in order to include additional
time for--
(A) activities and instruction for enrichment
as part of a well-rounded education; and
(B) instructional and support staff to
collaborate, plan, and engage in professional
development (including professional development
on family and community engagement) within and
across grades and subjects.
(23) Extended-year adjusted cohort graduation rate.--
(A) In general.--The term ``extended-year
adjusted cohort graduation rate'' means the
fraction--
(i) the denominator of which consists
of the number of students who form the
original cohort of entering first-time
students in grade 9 enrolled in the
high school no later than the date by
which student membership data must be
collected annually by State educational
agencies for submission to the National
Center for Education Statistics under
section 153 of the Education Sciences
Reform Act of 2002 (20 U.S.C. 9543),
adjusted by--
(I) adding the students who
joined that cohort, after the
date of the determination of
the original cohort; and
(II) subtracting only those
students who left that cohort,
after the date of the
determination of the original
cohort, as described in
subparagraph (B); and
(ii) the numerator of which--
(I) consists of the sum of--
(aa) the number of
students in the cohort,
as adjusted under
clause (i), who earned
a regular high school
diploma before, during,
or at the conclusion
of--
(AA) one or
more additional
years beyond
the fourth year
of high school;
or
(BB) a summer
session
immediately
following the
additional year
of high school;
and
(bb) all students
with the most
significant cognitive
disabilities in the
cohort, as adjusted
under clause (i),
assessed using the
alternate assessment
aligned to alternate
academic achievement
standards under section
1111(b)(2)(D) and
awarded a State-defined
alternate diploma that
is--
(AA)
standards-
based;
(BB) aligned
with the State
requirements
for the regular
high school
diploma; and
(CC) obtained
within the time
period for
which the State
ensures the
availability of
a free
appropriate
public
education under
section
612(a)(1) of
the Individuals
with
Disabilities
Education Act
(20 U.S.C.
1412(a)(1));
and
(II) shall not include any
student awarded a recognized
equivalent of a diploma, such
as a general equivalency
diploma, certificate of
completion, certificate of
attendance, or similar lesser
credential.
(B) Cohort removal.--To remove a student from
a cohort, a school or local educational agency
shall require documentation, or obtain
documentation from the State educational
agency, to confirm that the student has
transferred out, emigrated to another country,
or transferred to a prison or juvenile
facility, or is deceased.
(C) Transferred out.--For purposes of this
paragraph, the term ``transferred out'' has the
meaning given the term in clauses (i), (ii),
and (iii) of paragraph (25)(C).
(D) Special rules.--
(i) Schools starting after grade 9.--
For those high schools that start after
grade 9, the original cohort shall be
calculated for the earliest high school
grade students attend no later than the
date by which student membership data
is collected annually by State
educational agencies for submission to
the National Center for Education
Statistics pursuant to section 153 of
the Education Sciences Reform Act of
2002 (20 U.S.C. 9543).
(ii) Very small schools.--A State
educational agency may calculate the
extended year adjusted cohort
graduation rate described under this
paragraph for a high school with an
average enrollment over a 4-year period
of less than 100 students for the
purposes of section 1111(c)(4) by--
(I) averaging the extended-
year adjusted cohort graduation
rate of the school over a
period of three years; or
(II) establishing a minimum
number of students that must be
included in the cohort
described in clause (i) of
subparagraph (A) that will
provide a valid graduation rate
calculation as determined by
the Secretary, below which the
school shall be exempt from
differentiation and
identification under such
section.
(24) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
(A) Interactive literacy activities between
parents and their children.
(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
(C) Parent literacy training that leads to
economic self-sufficiency.
(D) An age-appropriate education to prepare
children for success in school and life
experiences.
(25) Four-year adjusted cohort graduation rate.--
(A) In general.--The term ``four-year
adjusted cohort graduation rate'' means the
fraction--
(i) the denominator of which consists
of the number of students who form the
original cohort of entering first-time
students in grade 9 enrolled in the
high school no later than the date by
which student membership data is
collected annually by State educational
agencies for submission to the National
Center for Education Statistics
pursuant to section 153 of the
Education Sciences Reform Act of 2002
(20 U.S.C. 9543), adjusted by--
(I) adding the students who
joined that cohort, after the
date of the determination of
the original cohort; and
(II) subtracting only those
students who left that cohort,
after the date of the
determination of the original
cohort, as described in
subparagraph (B); and
(ii) the numerator of which--
(I) consists of the sum of--
(aa) the number of
students in the cohort,
as adjusted under
clause (i), who earned
a regular high school
diploma before, during,
or at the conclusion
of--
(AA) the
fourth year of
high school; or
(BB) a summer
session
immediately
following the
fourth year of
high school;
and
(bb) all students
with the most
significant cognitive
disabilities in the
cohort, as adjusted
under clause (i),
assessed using the
alternate assessment
aligned to alternate
academic achievement
standards under section
1111(b)(2)(D) and
awarded a State-defined
alternate diploma that
is--
(AA)
standards-
based;
(BB) aligned
with the State
requirements
for the regular
high school
diploma; and
(CC) obtained
within the time
period for
which the State
ensures the
availability of
a free
appropriate
public
education under
section
612(a)(1) of
the Individuals
with
Disabilities
Education Act
(20 U.S.C.
1412(a)(1); and
(II) shall not include any
student awarded a recognized
equivalent of a diploma, such
as a general equivalency
diploma, certificate of
completion, certificate of
attendance, or similar lesser
credential.
(B) Cohort removal.--To remove a student from
a cohort, a school or local educational agency
shall require documentation, or obtain
documentation from the State educational
agency, to confirm that the student has
transferred out, emigrated to another country,
or transferred to a prison or juvenile
facility, or is deceased.
(C) Transferred out.--
(i) In general.--For purposes of this
paragraph, the term ``transferred out''
means that a student, as confirmed by
the high school or local educational
agency in accordance with clause (ii),
has transferred to--
(I) another school from which
the student is expected to
receive a regular high school
diploma; or
(II) another educational
program from which the student
is expected to receive a
regular high school diploma or
an alternate diploma that meets
the requirements of
subparagraph (A)(ii)(I)(bb).
(ii) Confirmation requirements.--
(I) Documentation required.--
The confirmation of a student's
transfer to another school or
educational program described
in clause (i) requires
documentation of such transfer
from the receiving school or
program in which the student
enrolled.
(II) Lack of confirmation.--A
student who was enrolled in a
high school, but for whom there
is no confirmation of the
student having transferred out,
shall remain in the adjusted
cohort.
(iii) Programs not providing
credit.--Except as provided in
subparagraph (A)(ii)(I)(bb), a student
who is retained in grade or who is
enrolled in a program leading to a
general equivalency diploma, or other
alternative educational program that
does not issue or provide credit toward
the issuance of a regular high school
diploma, shall not be considered
transferred out and shall remain in the
adjusted cohort.
(D) Special rules.--
(i) Schools starting after grade 9.--
For those high schools that start after
grade 9, the original cohort shall be
calculated for the earliest high school
grade students attend no later than the
date by which student membership data
must be collected annually by State
educational agencies for submission to
the National Center for Education
Statistics pursuant to section 153 of
the Education Sciences Reform Act of
2002 (20 U.S.C. 9543).
(ii) Very small schools.--A State
educational agency may calculate the
four-year adjusted cohort graduation
rate described under this paragraph for
a high school with an average
enrollment over a 4-year period of less
than 100 students for the purposes of
section 1111(c)(4) by--
(I) averaging the four-year
adjusted cohort graduation rate
of the school over a period of
three years; or
(II) establishing a minimum
number of students that must be
included in the cohort
described in clause (i) of
subparagraph (A) that will
provide a valid graduation rate
calculation as determined by
the Secretary, below which the
school shall be exempt from
differentiation and
identification under such
section.
(26) Free public education.--The term ``free public
education'' means education that is provided--
(A) at public expense, under public
supervision and direction, and without tuition
charge; and
(B) as elementary school or secondary school
education as determined under applicable State
law, except that the term does not include any
education provided beyond grade 12.
(27) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children, or youth, means students, children, or youth
who give evidence of high achievement capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who need services or activities not ordinarily
provided by the school in order to fully develop those
capabilities.
(28) High school.--The term ``high school'' means a
secondary school that--
(A) grants a diploma, as defined by the
State; and
(B) includes, at least, grade 12.
(29) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101(a) of the Higher
Education Act of 1965.
(30) Local educational agency.--
(A) In general.--The term ``local educational
agency'' means a public board of education or
other public authority legally constituted
within a State for either administrative
control or direction of, or to perform a
service function for, public elementary schools
or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a
combination of school districts or counties
that is recognized in a State as an
administrative agency for its public elementary
schools or secondary schools.
(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary school or
secondary school.
(C) bureau of indian education schools.--The
term includes an elementary school or secondary
school funded by the Bureau of Indian Education
but only to the extent that including the
school makes the school eligible for programs
for which specific eligibility is not provided
to the school in another provision of law and
the school does not have a student population
that is smaller than the student population of
the local educational agency receiving
assistance under this Act with the smallest
student population, except that the school
shall not be subject to the jurisdiction of any
State educational agency other than the Bureau
of Indian Education.
(D) Educational service agencies.--The term
includes educational service agencies and
consortia of those agencies.
(E) State educational agency.--The term
includes the State educational agency in a
State in which the State educational agency is
the sole educational agency for all public
schools.
(31) Mentoring.--The term ``mentoring'', except when
used to refer to teacher mentoring, means a process by
which a responsible adult, postsecondary student, or
secondary school student works with a child to provide
a positive role model for the child, to establish a
supportive relationship with the child, and to provide
the child with academic assistance and exposure to new
experiences and examples of opportunity that enhance
the ability of the child to become a responsible adult.
(32) Middle grades.--The term middle grades means any
of grades 5 through 8.
(33) Multi-tier system of supports.--The term
``multi-tier system of supports'' means a comprehensive
continuum of evidence-based, systemic practices to
support a rapid response to students' needs, with
regular observation to facilitate data-based
instructional decisionmaking.
(34) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' have the same meaning given those terms in
section 103 of the Native American Languages Act of
1990.
(35) Other staff.--The term ``other staff'' means
specialized instructional support personnel,
librarians, career guidance and counseling personnel,
education aides, and other instructional and
administrative personnel.
[(36) Outlying area.--The term ``outlying area''--
[(A) means American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the
United States Virgin Islands;
[(B) means the Republic of Palau, to the
extent permitted under section 105(f)(1)(B)(ix)
of the Compact of Free Association Amendments
Act of 2003 (Public Law 108-188; 117 Stat.
2751) and until an agreement for the extension
of United States education assistance under the
Compact of Free Association becomes effective
for the Republic of Palau; and
[(C) for the purpose of any discretionary
grant program under this Act, includes the
Republic of the Marshall Islands and the
Federated States of Micronesia, to the extent
permitted under section 105(f)(1)(B)(viii) of
the Compact of Free Association Amendments Act
of 2003 (Public Law 108-188; 117 Stat. 2751).]
(36) Outlying area.--The term ``outlying area''--
(A) means American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the
United States Virgin Islands; and
(B) for the purpose of any discretionary
grant program under this Act, includes the
Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of
Palau, to the extent that any such grant
program continues to be available to State and
local governments in the United States.
(37) Paraprofessional.--The term
``paraprofessional'', also known as a ``paraeducator'',
includes an education assistant and instructional
assistant.
(38) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis
(such as a grandparent or stepparent with whom the
child lives, or a person who is legally responsible for
the child's welfare).
(39) Parental involvement.--The term ``parental
involvement'' means the participation of parents in
regular, two-way, and meaningful communication
involving student academic learning and other school
activities, including ensuring--
(A) that parents play an integral role in
assisting their child's learning;
(B) that parents are encouraged to be
actively involved in their child's education at
school;
(C) that parents are full partners in their
child's education and are included, as
appropriate, in decisionmaking and on advisory
committees to assist in the education of their
child; and
(D) the carrying out of other activities,
such as those described in section 1116.
(40) Pay for success initiative.--The term ``pay for
success initiative'' means a performance-based grant,
contract, or cooperative agreement awarded by a public
entity in which a commitment is made to pay for
improved outcomes that result in social benefit and
direct cost savings or cost avoidance to the public
sector. Such an initiative shall include--
(A) a feasibility study on the initiative
describing how the proposed intervention is
based on evidence of effectiveness;
(B) a rigorous, third-party evaluation that
uses experimental or quasi-experimental design
or other research methodologies that allow for
the strongest possible causal inferences to
determine whether the initiative has met its
proposed outcomes;
(C) an annual, publicly available report on
the progress of the initiative; and
(D) a requirement that payments are made to
the recipient of a grant, contract, or
cooperative agreement only when agreed upon
outcomes are achieved, except that the entity
may make payments to the third party conducting
the evaluation described in subparagraph (B).
(41) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the
size involved.
(42) Professional development.--The term
``professional development'' means activities that--
(A) are an integral part of school and local
educational agency strategies for providing
educators (including teachers, principals,
other school leaders, specialized instructional
support personnel, paraprofessionals, and, as
applicable, early childhood educators) with the
knowledge and skills necessary to enable
students to succeed in a well-rounded education
and to meet the challenging State academic
standards; and
(B) are sustained (not stand-alone, 1-day, or
short term workshops), intensive,
collaborative, job-embedded, data-driven, and
classroom-focused, and may include activities
that--
(i) improve and increase teachers'--
(I) knowledge of the academic
subjects the teachers teach;
(II) understanding of how
students learn; and
(III) ability to analyze
student work and achievement
from multiple sources,
including how to adjust
instructional strategies,
assessments, and materials
based on such analysis;
(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
(iii) allow personalized plans for
each educator to address the educator's
specific needs identified in
observation or other feedback;
(iv) improve classroom management
skills;
(v) support the recruitment, hiring,
and training of effective teachers,
including teachers who became certified
through State and local alternative
routes to certification;
(vi) advance teacher understanding
of--
(I) effective instructional
strategies that are evidence-
based; and
(II) strategies for improving
student academic achievement or
substantially increasing the
knowledge and teaching skills
of teachers;
(vii) are aligned with, and directly
related to, academic goals of the
school or local educational agency;
(viii) are developed with extensive
participation of teachers, principals,
other school leaders, parents,
representatives of Indian tribes (as
applicable), and administrators of
schools to be served under this Act;
(ix) are designed to give teachers of
English learners, and other teachers
and instructional staff, the knowledge
and skills to provide instruction and
appropriate language and academic
support services to those children,
including the appropriate use of
curricula and assessments;
(x) to the extent appropriate,
provide training for teachers,
principals, and other school leaders in
the use of technology (including
education about the harms of copyright
piracy), so that technology and
technology applications are effectively
used in the classroom to improve
teaching and learning in the curricula
and academic subjects in which the
teachers teach;
(xi) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of professional
development;
(xii) are designed to give teachers
of children with disabilities or
children with developmental delays, and
other teachers and instructional staff,
the knowledge and skills to provide
instruction and academic support
services, to those children, including
positive behavioral interventions and
supports, multi-tier system of
supports, and use of accommodations;
(xiii) include instruction in the use
of data and assessments to inform and
instruct classroom practice;
(xiv) include instruction in ways
that teachers, principals, other school
leaders, specialized instructional
support personnel, and school
administrators may work more
effectively with parents and families;
(xv) involve the forming of
partnerships with institutions of
higher education, including, as
applicable, Tribal Colleges and
Universities as defined in section
316(b) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)), to establish
school-based teacher, principal, and
other school leader training programs
that provide prospective teachers,
novice teachers, principals, and other
school leaders with an opportunity to
work under the guidance of experienced
teachers, principals, other school
leaders, and faculty of such
institutions;
(xvi) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under part A of
title I) to obtain the education
necessary for those paraprofessionals
to become certified and licensed
teachers;
(xvii) provide follow-up training to
teachers who have participated in
activities described in this paragraph
that are designed to ensure that the
knowledge and skills learned by the
teachers are implemented in the
classroom; and
(xviii) where practicable, provide
jointly for school staff and other
early childhood education program
providers, to address the transition to
elementary school, including issues
related to school readiness.
(43) Regular high school diploma.--The term ``regular
high school diploma''--
(A) means the standard high school diploma
awarded to the preponderance of students in the
State that is fully aligned with State
standards, or a higher diploma, except that a
regular high school diploma shall not be
aligned to the alternate academic achievement
standards described in section 1111(b)(1)(E);
and
(B) does not include a recognized equivalent
of a diploma, such as a general equivalency
diploma, certificate of completion, certificate
of attendance, or similar lesser credential.
(44) School leader.--The term ``school leader'' means
a principal, assistant principal, or other individual
who is--
(A) an employee or officer of an elementary
school or secondary school, local educational
agency, or other entity operating an elementary
school or secondary school; and
(B) responsible for the daily instructional
leadership and managerial operations in the
elementary school or secondary school building.
(45) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
State law, except that the term does not include any
education beyond grade 12.
(46) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(47) Specialized instructional support personnel;
specialized instructional support services.--
(A) Specialized instructional support
personnel.--The term ``specialized
instructional support personnel'' means--
(i) school counselors, school social
workers, and school psychologists; and
(ii) other qualified professional
personnel, such as school nurses,
speech language pathologists, and
school librarians, involved in
providing assessment, diagnosis,
counseling, educational, therapeutic,
and other necessary services (including
related services as that term is
defined in section 602 of the
Individuals with Disabilities Education
Act (20 U.S.C. 1401)) as part of a
comprehensive program to meet student
needs.
(B) Specialized instructional support
services.--The term ``specialized instructional
support services'' means the services provided
by specialized instructional support personnel.
(48) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(49) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
(50) Technology.--The term ``technology'' means
modern information, computer and communication
technology products, services, or tools, including, the
Internet and other communications networks, computer
devices and other computer and communications hardware,
software applications, data systems, and other
electronic content (including multimedia content) and
data storage.
(51) Universal design for learning.--The term
``universal design for learning'' has the meaning given
the term in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003).
(52) Well-rounded education.--The term ``well-rounded
education'' means courses, activities, and programming
in subjects such as English, reading or language arts,
writing, science, technology, engineering, mathematics,
foreign languages, civics and government, economics,
arts, history, geography, computer science, music,
career and technical education, health, physical
education, and any other subject, as determined by the
State or local educational agency, with the purpose of
providing all students access to an enriched curriculum
and educational experience.
* * * * * * *
----------
COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2003
* * * * * * *
TITLE I--APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COMPACT;
INTERPRETATION OF, AND U.S. POLICIES REGARDING, U.S.-FSM COMPACT AND
U.S.-RMI COMPACT; SUPPLEMENTAL PROVISIONS
* * * * * * *
SEC. 104. INTERPRETATION OF AND UNITED STATES POLICY REGARDING U.S.-FSM
COMPACT AND U.S.-RMI COMPACT.
(a) Human Rights.--In approving the U.S.-FSM Compact and the
U.S.-RMI Compact, Congress notes the conclusion in the
Statement of Intent of the Report of The Future Political
Status Commission of the Congress of Micronesia in July, 1969,
that ``our recommendation of a free associated state is
indissolubly linked to our desire for such a democratic,
representative, constitutional government'' and notes that such
desire and intention are reaffirmed and embodied in the
Constitutions of the Federated States of Micronesia and the
Republic of the Marshall Islands. Congress also notes and
specifically endorses the preamble to the U.S.-FSM Compact and
the U.S.-RMI Compact, which affirms that the governments of the
parties to the U.S.-FSM Compact and the U.S.-RMI Compact are
founded upon respect for human rights and fundamental freedoms
for all. The Secretary of State shall include in the annual
reports on the status of internationally recognized human
rights in foreign countries, which are submitted to Congress
pursuant to sections 116 and 502B of the Foreign Assistance Act
of 1961, ``22 U.S.C. 2151n, 2304'' a full and complete report
regarding the status of internationally recognized human rights
in the Federated States of Micronesia and the Republic of the
Marshall Islands.
(b) Immigration and Passport Security.--
(1) Naturalized citizens.--The rights of a bona fide
naturalized citizen of the Federated States of
Micronesia or the Republic of the Marshall Islands to
enter the United States, to lawfully engage therein in
occupations, and to establish residence therein as a
nonimmigrant, to the extent such rights are provided
under section 141 of the U.S.-FSM Compact and the U.S.-
RMI Compact, shall not be deemed to extend to any such
naturalized citizen with respect to whom circumstances
associated with the acquisition of the status of a
naturalized citizen are such as to allow a reasonable
inference, on the part of appropriate officials of the
United States and subject to United States procedural
requirements, that such naturalized status was acquired
primarily in order to obtain such rights.
(2) Passports.--It is the sense of Congress that up
to $250,000 of the grant assistance provided to the
Federated States of Micronesia pursuant to section
211(a)(4) of the U.S.-FSM Compact, and up to $250,000
of the grant assistance provided to the Republic of the
Marshall Islands pursuant to section 211(a)(4) of the
U.S.-RMI Compact (or a greater amount of the section
211(a)(4) grant, if mutually agreed between the
Government of the United States and the government of
the Federated States of Micronesia or the government of
the Republic of the Marshall Islands), be used for the
purpose of increasing the machine-readability and
security of passports issued by such jurisdictions. It
is further the sense of Congress that such funds be
obligated by September 30, 2004 and in the amount and
manner specified by the Secretary of State in
consultation with the Secretary of Homeland Security
and, respectively, with the government of the Federated
States of Micronesia and the government of the Republic
of the Marshall Islands. The United States Government
is authorized to require that passports used for the
purpose of seeking admission under section 141 of the
U.S.-FSM Compact and the U.S.-RMI Compact contain the
security enhancements funded by such assistance.
(3) Information-sharing.--It is the sense of Congress
that the governments of the Federated States of
Micronesia and the Republic of the Marshall Islands
develop, prior to October 1, 2004, the capability to
provide reliable and timely information as may
reasonably be required by the Government of the United
States in enforcing criminal and security-related
grounds of inadmissibility and deportability under the
Immigration and Nationality Act, as amended, and shall
provide such information to the Government of the
United States.
(4) Transition; construction of sections 141(a)(3)
and 141(a)(4) of the u.s.-fsm compact and u.s.-rmi
compact.--The words ``the effective date of this
Compact, as amended'' in sections 141(a)(3) and
141(a)(4) of the U.S.-FSM Compact and the U.S.-RMI
Compact shall be construed to read, ``on the day prior
to the enactment by the United States Congress of the
Compact of Free Association Amendments Act of 2003.''.
(c) Nonalienation of Lands.--Congress endorses and encourages
the maintenance of the policies of the Government of the
Federated States of Micronesia and the Government of the
Republic of the Marshall Islands to regulate, in accordance
with their Constitutions and laws, the alienation of permanent
interests in real property so as to restrict the acquisition of
such interests to persons of Federated States of Micronesia
citizenship and the Republic of the Marshall Islands
citizenship, respectively.
(d) Nuclear Waste Disposal.--In approving the U.S.-FSM
Compact and the U.S.-RMI Compact, Congress understands that the
Government of the Federated States of Micronesia and the
Government of the Republic of the Marshall Islands will not
permit any other government or any nongovernmental party to
conduct, in the Republic of the Marshall Islands or in the
Federated States of Micronesia, any of the activities specified
in subsection (a) of section 314 of the U.S.-FSM Compact and
the U.S.-RMI Compact.
(e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact
on the State of Hawaii, Guam, the Commonwealth of the Northern
Mariana Islands and American Samoa; Related Authorization and
Continuing Appropriation.--
(1) Statement of congressional intent.--In
reauthorizing the U.S.-FSM Compact and the U.S.-RMI
Compact, it is not the intent of Congress to cause any
adverse consequences for an affected jurisdiction.
(2) Definitions.--For the purposes of this title--
(A) the term ``affected jurisdiction'' means
American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, or the State of
Hawaii; and
(B) the term ``qualified nonimmigrant'' means
a person, or their children under the age of
18, admitted or resident pursuant to section
141 of the U.S.-RMI or U.S.-FSM Compact, or
section 141 of the Palau Compact who, as of a
date referenced in the most recently published
enumeration is a resident of an affected
jurisdiction. As used in this subsection, the
term ``resident'' shall be a person who has a
``residence,'' as that term is defined in
section 101(a)(33) of the Immigration and
Nationality Act, as amended.
(3) Authorization and continuing appropriation.--
There is hereby authorized and appropriated to the
Secretary of the Interior, out of any funds in the
Treasury not otherwise appropriated, to remain
available until expended, for each fiscal year from
2004 through 2023, $30,000,000 for grants to affected
jurisdictions to aid in defraying costs incurred by
affected jurisdictions as a result of increased demands
placed on health, educational, social, or public safety
services or infrastructure related to such services due
to the residence in affected jurisdictions of qualified
nonimmigrants from the Republic of the Marshall
Islands, the Federated States of Micronesia, or the
Republic of Palau. The grants shall be--
(A) awarded and administered by the
Department of the Interior, Office of Insular
Affairs, or any successor thereto, in
accordance with regulations, policies and
procedures applicable to grants so awarded and
administered; and
(B) used only for health, educational,
social, or public safety services, or
infrastructure related to such services,
specifically affected by qualified
nonimmigrants.
(4) Enumeration.--The Secretary of the Interior shall
conduct periodic enumerations of qualified
nonimmigrants in each affected jurisdiction. The
enumerations--
(A) shall be conducted at such intervals as
the Secretary of the Interior shall determine,
but no less frequently than every five years,
[beginning in fiscal year 2003] during the
period of fiscal years 2003 through 2023;
(B) shall be supervised by the United States
Bureau of the Census or such other organization
as the Secretary of the Interior may select;
and
(C) [after fiscal year 2003] for the period
of fiscal years 2004 through 2023, shall be
funded by the Secretary of the Interior by
deducting such sums as are necessary, but not
to exceed $300,000 as adjusted for inflation
pursuant to section 217 of the U.S.-FSM Compact
with fiscal year 2003 as the base year, per
enumeration, from funds appropriated pursuant
to the authorization contained in paragraph (3)
of this subsection.
[(5) Allocation.--The Secretary of the Interior shall
allocate to the government of each affected
jurisdiction, on the basis of the results of the most
recent enumeration, grants in an aggregate amount equal
to the total amount of funds appropriated under
paragraph (3) of this subsection, as reduced by any
deductions authorized by subparagraph (C) of paragraph
(4) of this subsection, multiplied by a ratio derived
by dividing the number of qualified nonimmigrants in
such affected jurisdiction by the total number of
qualified nonimmigrants in all affected jurisdictions.]
[(6)] (5) Authorization for health care
reimbursement.--There are hereby authorized to be
appropriated to the Secretary of the Interior such sums
as may be necessary to reimburse health care
institutions in the affected jurisdictions for costs
resulting from the migration of citizens of the
Republic of the Marshall Islands, the Federated States
of Micronesia and the Republic of Palau to the affected
jurisdictions as a result of the implementation of the
Compact of Free Association, approved by Public Law 99-
239, or the approval of the U.S.-FSM Compact and the
U.S.-RMI Compact by this resolution.
[(7)] (6) Use of dod medical facilities and national
health service corps.--
(A) DOD medical facilities.--The Secretary of
Defense shall make available, on a space
available and reimbursable basis, the medical
facilities of the Department of Defense for use
by citizens of the Federated States of
Micronesia and the Republic of the Marshall
Islands who are properly referred to the
facilities by government authorities
responsible for provision of medical services
in the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic
of Palau and the affected jurisdictions.
(B) National health service corps.--The
Secretary of Health and Human Services shall
continue to make the services of the National
Health Service Corps available to the residents
of the Federated States of Micronesia and the
Republic of the Marshall Islands to the same
extent and for so long as such services are
authorized to be provided to persons residing
in any other areas within or outside the United
States.
(C) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this paragraph such sums as are necessary for
each fiscal year.
[(8)] (7) Reporting requirement.--Not later than one
year after the date of enactment of this joint
resolution, and at one year intervals thereafter, the
Governors of Guam, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands, and
American Samoa may provide to the Secretary of the
Interior by February 1 of each year their comments with
respect to the impacts of the Compacts on their
respective jurisdiction. The Secretary of the Interior,
upon receipt of any such comments, shall report to the
Congress not later than May 1 of each year and include
the following:
(A) The Governor's comments on the impacts of
the Compacts as well as the Administration's
analysis of such impact.
(B) The Administration views on any
recommendations for corrective action to
eliminate those consequences as proposed by
such Governors.
(C) With regard to immigration, statistics
concerning the number of persons availing
themselves of the rights described in section
141(a) of the Compact during the year covered
by each report.
(D) With regard to trade, an analysis of the
impact on the economy of American Samoa
resulting from imports of canned tuna into the
United States from the Federated States of
Micronesia, and the Republic of the Marshall
Islands.
[(9)] (8) Reconciliation of unreimbursed impact
expenses.--
(A) In general.--Notwithstanding any other
provision of law, the President, to address
previously accrued and unreimbursed impact
expenses, may, at the request of the Governor
of Guam or the Governor of the Commonwealth of
the Northern Mariana Islands, reduce, release,
or waive all or part of any amounts owed by the
Government of Guam or the Government of the
Commonwealth of the Northern Mariana Islands
(or either government's autonomous agencies or
instrumentalities), respectively, to any
department, agency, independent agency, office,
or instrumentality of the United States.
(B) Terms and conditions.--
(i) Substantiation of impact costs.--
Not later than 120 days after the date
of the enactment of this resolution,
the Governor of Guam and the Governor
of the Commonwealth of the Northern
Mariana Islands shall each submit to
the Secretary of the Interior a report,
prepared in consultation with an
independent accounting firm,
substantiating unreimbursed impact
expenses claimed for the period from
January 14, 1986, through September 30,
2003. Upon request of the Secretary of
the Interior, the Governor of Guam and
the Governor of the Commonwealth of the
Northern Mariana Islands shall submit
to the Secretary of the Interior copies
of all documents upon which the report
submitted by that Governor under this
clause was based.
(ii) Congressional notification.--The
President shall notify Congress of his
intent to exercise the authority
granted in subparagraph (A).
(iii) Congressional review and
comment.--Any reduction, release, or
waiver under this Act shall not take
effect until 60 days after the
President notifies Congress of his
intent to approve a request of the
Governor of Guam or the Governor of the
Commonwealth of the Northern Mariana
Islands. In exercising his authority
under this section and in determining
whether to give final approval to a
request, the President shall take into
consideration comments he may receive
after Congressional review.
(iv) Expiration.--The authority
granted in subparagraph (A) shall
expire on February 28, 2005.
[(10)] (9) Authorization of appropriations for
grants.--There are hereby authorized to the Secretary
of the Interior for each of fiscal years 2004 through
2023 such sums as may be necessary for grants to the
governments of Guam, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands, and
American Samoa, as a result of increased demands placed
on educational, social, or public safety services or
infrastructure related to such services due to the
presence in Guam, Hawaii, the Commonwealth of the
Northern Mariana Islands, and American Samoa of
qualified nonimmigrants from the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.
(f) Foreign Loans.--Congress hereby reaffirms the United
States position that the United States Government is not
responsible for foreign loans or debt obtained by the
Governments of the Federated States of Micronesia and the
Republic of the Marshall Islands.
(g) Sense of Congress Concerning Funding of Public
Infrastructure.--It is the sense of Congress that not less than
30 percent of the United States annual grant assistance
provided under section 211 of the Compact of Free Association,
as amended, between the Government of the United States of
America and the Government of the Federated States of
Micronesia, and not less than 30 percent of the total amount of
section 211 funds allocated to each of the States of the
Federated States of Micronesia, shall be invested in
infrastructure improvements and maintenance in accordance with
section 211(a)(6). It is further the sense of Congress that not
less than 30 percent of the United States annual grant
assistance provided under section 211 of the Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands, shall be invested in infrastructure
improvements and maintenance in accordance with section 211(d).
(h) Reports and Reviews.--
(1) Report by the president.--Not later than the end
of the first full calendar year following enactment of
this resolution, and not later than December 31 of each
year thereafter, the President shall report to Congress
regarding the Federated States of Micronesia and the
Republic of the Marshall Islands, including but not
limited to--
(A) general social, political, and economic
conditions, including estimates of economic
growth, per capita income, and migration rates;
(B) the use and effectiveness of United
States financial, program, and technical
assistance;
(C) the status of economic policy reforms
including but not limited to progress toward
establishing self-sufficient tax rates;
(D) the status of the efforts to increase
investment including: the rate of
infrastructure investment of U.S. financial
assistance under the U.S.-FSM Compact and the
U.S.-RMI Compact; non-U.S. contributions to the
trust funds, and the level of private
investment; and
(E) recommendations on ways to increase the
effectiveness of United States assistance and
to meet overall economic performance
objectives, including, if appropriate,
recommendations to Congress to adjust the
inflation rate or to adjust the contributions
to the Trust Funds based on non-U.S.
contributions.
(2) Review.--During the year of the fifth, tenth, and
fifteenth anniversaries of the date of enactment of
this resolution, the Government of the United States
shall review the terms of the respective Compacts and
consider the overall nature and development of the
U.S.-FSM and U.S.-RMI relationships including the
topics set forth in subparagraphs (A) through (E) of
paragraph (1). In conducting the reviews, the
Government of the United States shall consider the
operating requirements of the Government of the
Federated States of Micronesia and the Government of
the Republic of the Marshall Islands and their progress
in meeting the development objectives set forth in
their respective development plans. The President shall
include in the annual reports to Congress for the years
following the reviews the comments of the Government of
the Federated States of Micronesia and the Government
of the Republic of the Marshall Islands on the topics
described in this paragraph, the President's response
to the comments, the findings resulting from the
reviews, and any recommendations for actions to respond
to such findings.
(i) Construction of Section 141(f).--Section 141(f)(2) of the
Compact of Free Association, as amended, between the Government
of the United States of America and the Government of the
Federated States of Micronesia and of the Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands, shall be construed as though, after ``may by
regulations prescribe'', there were included the following: ``,
except that any such regulations that would have a significant
effect on the admission, stay and employment privileges
provided under this section shall not become effective until 90
days after the date of transmission of the regulations to the
Committee on Energy and Natural Resources and the Committee on
the Judiciary of the Senate and the Committee on Resources, the
Committee on International Relations, and the Committee on the
Judiciary of the House of Representatives''.
(j) Inflation Adjustment.--As of Fiscal Year 2015, if the
United States Gross Domestic Product Implicit Price Deflator
average for Fiscal Years 2009 through 2013 is greater than
United States Gross Domestic Product Implicit Price Deflator
average for Fiscal Years 2004 through 2008 (as reported in the
Survey of Current Business or subsequent publication and
compiled by the Department of the Interior), then section 217
of the U.S.-FSM Compact, paragraph 5 of Article II of the U.S.-
FSM Fiscal Procedures Agreement, section 218 of the U.S.-RMI
Compact, and paragraph 5 of Article II of the U.S.-RMI Fiscal
Procedures Agreement shall be construed as if ``the full''
appeared in place of ``two-thirds of the'' each place those
words appear. If an inflation adjustment is made under this
subsection, the base year for calculating the inflation
adjustment shall be fiscal year 2014.
(k) Participation by Secondary Schools in the Armed Services
Vocational Aptitude Battery (ASVAB) Student Testing Program.--
In furtherance of the provisions of Title Three, Article IV,
Section 341 of the U.S.-FSM and the U.S.-RMI Compacts, the
purpose of which is to establish the privilege to volunteer for
service in the U.S. Armed Forces, it is the sense of Congress
that, to facilitate eligibility of FSM and RMI secondary school
students to qualify for such service, the Department of Defense
may extend the Armed Services Vocational Aptitude Battery
(ASVAB) Student Testing Program (STP) and the ASVAB Career
Exploration Program to selected secondary Schools in the FSM
and the RMI to the extent such programs are available to
Department of Defense Dependent Schools located in foreign
jurisdictions.
SEC. 105. SUPPLEMENTAL PROVISIONS.
(a) Domestic Program Requirements.--Except as may otherwise
be provided in this joint resolution, all United States Federal
programs and services extended to or operated in the Federated
States of Micronesia or the Republic of the Marshall Islands
are and shall remain subject to all applicable criteria,
standards, reporting requirements, auditing procedures, and
other rules and regulations applicable to such programs when
operating in the United States (including its territories and
commonwealths).
(b) Relations With the Federated States of Micronesia and the
Republic of the Marshall Islands.--
(1) Appropriations made pursuant to Article I of
Title Two and subsection (a)(2) of section 221 of
article II of Title Two of the U.S.-FSM Compact and the
U.S.-RMI Compact shall be made to the Secretary of the
Interior, who shall have the authority necessary to
fulfill his responsibilities for monitoring and
managing the funds so appropriated consistent with the
U.S.-FSM Compact and the U.S.-RMI Compact, including
the agreements referred to in section 462(b)(4) of the
U.S.-FSM Compact and U.S.-RMI Compact (relating to
Fiscal Procedures) and the agreements referred to in
section 462(b)(5) of the U.S.-FSM Compact and the U.S.-
RMI Compact (regarding the Trust Funds).
(2) Appropriations made pursuant to subsections
(a)(1) and (a)(3) through (6) of section 221 of Article
II of Title Two of the U.S.-FSM Compact and subsection
(a)(1) and (a)(3) through (5) of the U.S.-RMI Compact
shall be made directly to the agencies named in those
subsections.
(3) Appropriations for services and programs referred
to in subsection (b) of section 221 of Article II of
Title Two of the U.S.-FSM Compact or U.S.-RMI Compact
and appropriations for services and programs referred
to in sections 105(f) and 108(a) of this joint
resolution shall be made to the relevant agencies in
accordance with the terms of the appropriations for
such services and programs.
(4) Federal agencies providing programs and services
to the Federated States of Micronesia and the Republic
of the Marshall Islands shall coordinate with the
Secretaries of the Interior and State regarding
provision of such programs and services. The
Secretaries of the Interior and State shall consult
with appropriate officials of the Asian Development
Bank and with the Secretary of the Treasury regarding
overall economic conditions in the Federated States of
Micronesia and the Republic of the Marshall Islands and
regarding the activities of other donors of assistance
to the Federated States of Micronesia and the Republic
of the Marshall Islands.
[(5) United States Government employees in either the
Federated States of Micronesia or the Republic of the
Marshall Islands are subject to the authority of the
United States Chief of Mission, including as elaborated
in section 207 of the Foreign Service Act and the
President's Letter of Instruction to the United States
Chief of Mission and any order or directive of the
President in effect from time to time.]
(5) Pursuant to section 207 of the Foreign Service
Act of 1980 (22 U.S.C. 3927), all United States
Government executive branch employees in the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau fall under the
authority of the respective applicable chief of
mission, except for employees identified as excepted
from the authority under Federal law or by Presidential
directive.
(6) Interagency group on freely associated states'
affairs.--
(A) In general.--The President is hereby
authorized to appoint an Interagency Group on
Freely Associated States' Affairs to provide
policy guidance and recommendations on
implementation of the U.S.-FSM Compact and the
U.S.-RMI Compact to Federal departments and
agencies.
(B) Secretaries.--It is the sense of Congress
that the Secretary of State and the Secretary
of the Interior shall be represented on the
Interagency Group.
(7) United states appointees to joint committees.--
(A) Joint economic management committee.--
(i) In general.--The three United
States appointees (United States chair
plus two members) to the Joint Economic
Management Committee provided for in
section 213 of the U.S.-FSM Compact and
Article III of the U.S.-FSM Fiscal
Procedures Agreement referred to in
section 462(b)(4) of the U.S.-FSM
Compact shall be United States
Government officers or employees.
(ii) Departments.--It is the sense of
Congress that 2 of the 3 appointees
should be designated from the
Department of State and the Department
of the Interior, and that U.S.
officials of the Asian Development Bank
shall be consulted in order to properly
coordinate U.S. and Asian Development
Bank financial, program, and technical
assistance.
(iii) Additional scope.--Section 213
of the U.S.-FSM Compact shall be
construed to read as though the phrase,
``the implementation of economic policy
reforms to encourage investment and to
achieve self-sufficient tax rates,''
were inserted after ``with particular
focus on those parts of the plan
dealing with the sectors identified in
subsection (a) of section 211''.
(B) Joint economic management and financial
accountability committee.--
(i) In general.--The three United
States appointees (United States chair
plus two members) to the Joint Economic
Management and Financial Accountability
Committee provided for in section 214
of the U.S.-RMI Compact and Article III
of the U.S.-RMI Fiscal Procedures
Agreement referred to in section
462(b)(4) of the U.S.-RMI Compact shall
be United States Government officers or
employees.
(ii) Departments.--It is the sense of
Congress that 2 of the 3 appointees
should be designated from the
Department of State and the Department
of the Interior, and that U.S.
officials of the Asian Development Bank
shall be consulted in order to properly
coordinate U.S. and Asian Development
Bank financial, program, and technical
assistance.
(iii) Additional scope.--Section 214
of the U.S.-RMI Compact shall be
construed to read as though the phrase,
``the implementation of economic policy
reforms to encourage investment and to
achieve self-sufficient tax rates,''
were inserted after ``with particular
focus on those parts of the framework
dealing with the sectors and areas
identified in subsection (a) of section
211''.
(8) Oversight and coordination.--It is the sense of
Congress that the Secretary of State and the Secretary
of the Interior shall ensure that there are personnel
resources committed in the appropriate numbers and
locations to ensure effective oversight of United
States assistance, and effective coordination of
assistance among United States agencies and with other
international donors such as the Asian Development
Bank.
(9) The United States voting members (United States
chair plus two or more members) of the Trust Fund
Committee appointed by the Government of the United
States pursuant to Article 7 of the Trust Fund
Agreement implementing section 215 of the U.S.-FSM
Compact and referred to in section 462(b)(5) of the
U.S.-FSM Compact and any alternates designated by the
Government of the United States shall be United States
Government officers or employees. The United States
voting members (United States chair plus two or more
members) of the Trust Fund Committee appointed by the
Government of the United States pursuant to Article 7
of the Trust Fund Agreement implementing section 216 of
the U.S.-RMI Compact and referred to in section
462(b)(5) of the U.S.-RMI Compact and any alternates
designated by the Government of the United States shall
be United States Government officers or employees. It
is the sense of Congress that the appointees should be
designated from the Department of State, the Department
of the Interior, and the Department of the Treasury.
(10) The Trust Fund Committee provided for in Article
7 of the U.S.-FSM Trust Fund Agreement implementing
section 215 of the U.S.-FSM Compact shall be a
nonprofit corporation incorporated under the laws of
the District of Columbia. To the extent that any law,
rule, regulation or ordinance of the District of
Columbia, or of any State or political subdivision
thereof in which the Trust Fund Committee is
incorporated or doing business, impedes or otherwise
interferes with the performance of the functions of the
Trust Fund Committee pursuant to this joint resolution,
such law, rule, regulation, or ordinance shall be
deemed to be preempted by this joint resolution. The
Trust Fund Committee provided for in Article 7 of the
U.S.-RMI Trust Fund Agreement implementing section 216
of the U.S.-RMI Compact shall be a non-profit
corporation incorporated under the laws of the District
of Columbia. To the extent that any law, rule,
regulation or ordinance of the District of Columbia, or
of any State or political subdivision thereof in which
the Trust Fund Committee is incorporated or doing
business, impedes or otherwise interferes with the
performance of the functions of the Trust Fund
Committee pursuant to this joint resolution, such law,
rule, regulation, or ordinance shall be deemed to be
preempted by this joint resolution.
(c) Continuing Trust Territory Authorization.--The
authorization provided by the Act of June 30, 1954, as amended
(68 Stat. 330) shall remain available after the effective date
of the Compact with respect to the Federated States of
Micronesia and the Republic of the Marshall Islands for the
following purposes:
(1) Prior to October 1, 1986, for any purpose
authorized by the Compact or the joint resolution of
January 14, 1986 (Public Law 99-239).
(2) Transition purposes, including but not limited
to, completion of projects and fulfillment of
commitments or obligations; termination of the Trust
Territory Government and termination of the High Court;
health and education as a result of exceptional
circumstances; ex gratia contributions for the
populations of Bikini, Enewetak, Rongelap, and Utrik;
and technical assistance and training in financial
management, program administration, and maintenance of
infrastructure.
(d) Survivability.--In furtherance of the provisions of Title
Four, Article V, sections 452 and 453 of the U.S.-FSM Compact
and the U.S.-RMI Compact, any provisions of the U.S.-FSM
Compact or the U.S.-RMI Compact which remain effective after
the termination of the U.S.-FSM Compact or U.S.-RMI Compact by
the act of any party thereto and which are affected in any
manner by provisions of this title shall remain subject to such
provisions.
(e) Noncompliance Sanctions; Actions Incompatible With United
States Authority.--Congress expresses its understanding that
the Governments of the Federated States of Micronesia and the
Republic of the Marshall Islands will not act in a manner
incompatible with the authority and responsibility of the
United States for security and defense matters in or related to
the Federated States of Micronesia or the Republic of the
Marshall Islands pursuant to the U.S.-FSM Compact or the U.S.-
RMI Compact, including the agreements referred to in sections
462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the U.S.-RMI
Compact. Congress further expresses its intention that any such
act on the part of either such Government will be viewed by the
United States as a material breach of the U.S.-FSM Compact or
U.S.-RMI Compact. The Government of the United States reserves
the right in the event of such a material breach of the U.S.-
FSM Compact by the Government of the Federated States of
Micronesia or the U.S.-RMI Compact by the Government of the
Republic of the Marshall Islands to take action, including (but
not limited to) the suspension in whole or in part of the
obligations of the Government of the United States to that
Government.
(f) Continuing Programs and Laws.--
(1) Federated states of micronesia and republic of
the marshall islands.--In addition to the programs and
services set forth in section 221 of the Compact, and
pursuant to section 222 of the Compact, the programs
and services of the following agencies shall be made
available to the Federated States of Micronesia and to
the Republic of the Marshall Islands:
(A) Emergency and disaster assistance.--
(i) In general.--Subject to clause
(ii), section 221(a)(6) of the U.S.-FSM
Compact and section 221(a)(5) of the
U.S.-RMI Compact shall each be
construed and applied in accordance
with the two Agreements to Amend
Article X of the Federal Programs and
Service Agreements signed on June 30,
2004, and on June 18, 2004,
respectively, provided that all
activities carried out by the United
States Agency for International
Development and the Federal Emergency
Management Agency under Article X of
the Federal Programs and Services
Agreements may be carried out
notwithstanding any other provision of
law. In the sections referred to in
this clause, the term ``United States
Agency for International Development,
Office of Foreign Disaster Assistance''
shall be construed to mean ``the United
States Agency for International
Development''.
(ii) Definition of will provide
funding.--In the second sentence of
paragraph 12 of each of the Agreements
described in clause (i), the term
``will provide funding'' means will
provide funding through a transfer of
funds using Standard Form 1151 or a
similar document or through an
interagency, reimbursable agreement.
(B) Treatment of additional programs.--
(i) Consultation.--The United States
appointees to the committees
established pursuant to section 213 of
the U.S.-FSM Compact and section 214 of
the U.S.-RMI Compact shall consult with
the Secretary of Education regarding
the objectives, use, and monitoring of
United States financial, program, and
technical assistance made available for
educational purposes.
(ii) Continuing programs.--The
Government of the United States--
(I) shall continue to make
available to the Federated
States of Micronesia and the
Republic of the Marshall
Islands for fiscal years 2004
through 2023, the services to
individuals eligible for such
services under the Individuals
with Disabilities Education Act
(20 U.S.C. 1400 et seq.) to the
extent that such services
continue to be available to
individuals in the United
States; and
(II) shall continue to make
available to eligible
institutions in the Federated
States of Micronesia and the
Republic of the Marshall
Islands, and to students
enrolled in such institutions,
and in institutions in the
United States, its territories,
and the Republic of Palau for
fiscal years 2004 through 2023,
grants under subpart 1 of part
A of title IV of the Higher
Education Act of 1965 (20
U.S.C. 1070a et seq.) to the
extent that such grants
continue to be available to
institutions and students in
the United States.
(iii) Supplemental education
grants.--In lieu of eligibility for
appropriations under part A of title I
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311
et seq.), titles I (other than subtitle
C) and II of the Workforce Innovation
and Opportunity Act, title I of the
Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2321
et seq.), the Head Start Act (42 U.S.C.
9831 et seq.), and subpart 3 of part A,
and part C, of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b
et seq., 42 U.S.C. 2751 et seq.), there
are authorized to be appropriated to
the Secretary of Education to
supplement the education grants under
section 211(a)(1) of the U.S.-FSM
Compact and section 211(a)(1) of the
U.S.-RMI Compact, respectively, the
following amounts:
(I) $12,230,000 for the
Federated States of Micronesia
for fiscal year 2005 and an
equivalent amount, as adjusted
for inflation under section 217
of the U.S.-FSM Compact, for
each of fiscal years 2005
through 2023; and
(II) $6,100,000 for the
Republic of the Marshall
Islands for fiscal year 2005
and an equivalent amount, as
adjusted for inflation under
section 218 of the U.S.-RMI
Compact, for each of fiscal
years 2005 through 2023,
except that citizens of the Federated
States of Micronesia and the Republic
of the Marshall Islands who attend an
institution of higher education in the
United States or its territories, the
Federated States of Micronesia, the
Republic of the Marshall Islands, or
the Republic of Palau on the date of
enactment of this joint resolution may
continue to receive assistance under
such subpart 3 of part A or part C, for
not more than 4 academic years after
such date to enable such citizens to
complete their program of study.
(iv) Fiscal procedures.--
Appropriations made pursuant to clause
(iii) shall be used and monitored in
accordance with an agreement between
the Secretary of Education, the
Secretary of Labor, the Secretary of
Health and Human Services, and the
Secretary of the Interior, and in
accordance with the respective Fiscal
Procedures Agreements referred to in
section 462(b)(4) of the U.S.-FSM
Compact and section 462(b)(4) of the
U.S.-RMI Compact. The agreement between
the Secretary of Education, the
Secretary of Labor, the Secretary of
Health and Human Services, and the
Secretary of the Interior shall provide
for the transfer, not later than 60
days after the appropriations made
pursuant to clause (iii) become
available to the Secretary of
Education, the Secretary of Labor, and
the Secretary of Health and Human
Services, from the Secretary of
Education, the Secretary of Labor, and
the Secretary of Health and Human
Services, to the Secretary of the
Interior for disbursement.
(v) Formula education grants.--For
fiscal years 2005 through 2023, except
as provided in clause (ii) and the
exception provided under clause (iii),
the Governments of the Federated States
of Micronesia and the Republic of the
Marshall Islands shall not receive any
grant under any formula-grant program
administered by the Secretary of
Education or the Secretary of Labor,
nor any grant provided through the Head
Start Act (42 U.S.C. 9831 et seq.)
administered by the Secretary of Health
and Human Services.
(vi) Transition.--For fiscal year
2004, the Governments of the Federated
States of Micronesia and the Republic
of the Marshall Islands shall continue
to be eligible for appropriations and
to receive grants under the provisions
of law specified in clauses (ii) and
(iii).
(vii) Technical assistance.--The
Federated States of Micronesia and the
Republic of the Marshall Islands may
request technical assistance from the
Secretary of Education, the Secretary
of Health and Human Services, or the
Secretary of Labor the terms of which,
including reimbursement, shall be
negotiated with the participation of
the appropriate cabinet officer for
inclusion in the Federal Programs and
Services Agreement.
(viii) Continued eligibility for
competitive grants.--The Governments of
the Federated States of Micronesia and
the Republic of the Marshall Islands
shall continue to be eligible for
competitive grants administered by the
Secretary of Education, the Secretary
of Health and Human Services, and the
Secretary of Labor to the extent that
such grants continue to be available to
State and local governments in the
United States.
[(ix) Applicability.--The government,
institutions, and people of Palau shall
remain eligible for appropriations and
to receive grants under the provisions
of law specified in clauses (ii) and
(iii) until the end of fiscal year
2024, to the extent the government,
institutions, and people of Palau were
so eligible under such provisions in
fiscal year 2003.]
(C) The Legal Services Corporation, which
shall also continue to be available to the
citizens of the Federated States of Micronesia,
the Republic of Palau, and the Republic of the
Marshall Islands who legally reside in the
United States (including territories and
possessions).
(D) The Public Health Service.
(E) The Rural Housing Service (formerly, the
Farmers Home Administration) in the Marshall
Islands and each of the four States of the
Federated States of Micronesia: Provided, That
in lieu of continuation of the program in the
Federated States of Micronesia, the President
may agree to transfer to the Government of the
Federated States of Micronesia without cost,
the portfolio of the Rural Housing Service
applicable to the Federated States of
Micronesia and provide such technical
assistance in management of the portfolio as
may be requested by the Federated States of
Micronesia.
(2) Tort claims.--The provisions of section 178 of
the U.S.-FSM Compact and the U.S.-RMI Compact regarding
settlement and payment of tort claims shall apply to
employees of any Federal agency of the Government of
the United States (and to any other person employed on
behalf of any Federal agency of the Government of the
United States on the basis of a contractual,
cooperative, or similar agreement) which provides any
service or carries out any other function pursuant to
or in furtherance of any provisions of the U.S.-FSM
Compact or the U.S.-RMI Compact or this joint
resolution, except for provisions of Title Three of the
Compact and of the subsidiary agreements related to
such Title, in such area to which such Agreement
formerly applied.
(3) PCB cleanup.--The programs and services of the
Environmental Protection Agency regarding PCBs shall,
to the extent applicable, as appropriate, and in
accordance with applicable law, be construed to be made
available to such islands for the cleanup of PCBs
imported prior to 1987. The Secretary of the Interior
and the Secretary of Defense shall cooperate and assist
in any such cleanup activities.
(g) College of Micronesia.--Until otherwise provided by Act
of Congress, or until termination of the U.S.-FSM Compact and
the U.S.-RMI Compact, the College of Micronesia shall retain
its status as a land-grant institution and its eligibility for
all benefits and programs available to such land-grant
institutions.
(h) Trust Territory Debts to U.S. Federal Agencies.--Neither
the Government of the Federated States of Micronesia nor the
Government of the Marshall Islands shall be required to pay to
any department, agency, independent agency, office, or
instrumentality of the United States any amounts owed to such
department, agency, independent agency, office, or
instrumentality by the Government of the Trust Territory of the
Pacific Islands as of the effective date of the Compact. There
is authorized to be appropriated such sums as may be necessary
to carry out the purposes of this subsection.
(i) Judicial Training.--
(1) In general.--In addition to amounts provided
under section 211(a)(4) of the U.S.-FSM Compact and the
U.S.-RMI Compact, the Secretary of the Interior shall
annually provide $300,000 for the training of judges
and officials of the judiciary in the Federated States
of Micronesia and the Republic of the Marshall Islands
in cooperation with the Pacific Islands Committee of
the Ninth Circuit Judicial Council and in accordance
with and to the extent provided in the Federal Programs
and Services Agreement and the Fiscal Procedure
Agreement, as appropriate.
(2) Authorization and continuing appropriation.--
There is hereby authorized and appropriated to the
Secretary of the Interior, out of any funds in the
Treasury not otherwise appropriated, to remain
available until expended, for each fiscal year from
2004 through 2023, $300,000, as adjusted for inflation
under section 218 of the U.S.-FSM Compact and the U.S.-
RMI Compact, to carry out the purposes of this section.
[(j) Technical Assistance.--Technical assistance may be
provided pursuant to section 224 of the U.S.-FSM Compact or the
U.S.-RMI Compact by Federal agencies and institutions of the
Government of the United States to the extent such assistance
may be provided to States, territories, or units of local
government. Such assistance by the Forest Service, the Natural
Resources Conservation Service, the Fish and Wildlife Service,
the National Marine Fisheries Service, the United States Coast
Guard, and the Advisory Council on Historic Preservation, the
Department of the Interior, and other agencies providing
assistance under division A of subtitle III of title 54, United
States Code, shall be on a nonreimbursable basis. During the
period the U.S.-FSM Compact and the U.S.-RMI Compact are in
effect, the grant programs under the National Historic
Preservation Act shall continue to apply to the Federated
States of Micronesia and the Republic of the Marshall Islands
in the same manner and to the same extent as prior to the
approval of the Compact. Any funds provided pursuant to
sections 102(a), 103(a), 103(b), 103(f), 103(g), 103(h),
103(j), 105(c), 105(g), 105(h), 105(i), 105(j), 105(k), 105(l),
and 105(m) of this joint resolution shall be in addition to and
not charged against any amounts to be paid to either the
Federated States of Micronesia or the Republic of the Marshall
Islands pursuant to the U.S.-FSM Compact, the U.S.-RMI Compact,
or their related subsidiary agreements.]
(j) Technical Assistance.--
(1) In general.--Technical assistance may be provided
pursuant to section 224 of the 2023 Amended U.S.-FSM
Compact, section 224 of the 2023 Amended U.S.-RMI
Compact, or section 222 of the U.S.-Palau Compact (as
those terms are defined in section 2 of the Compact of
Free Association Amendments Act of 2023) by Federal
agencies and institutions of the Government of the
United States to the extent the assistance shall be
provided to States, territories, or units of local
government.
(2) Historic preservation.--
(A) In general.--Any technical assistance
authorized under paragraph (1) that is provided
by the Forest Service, the Natural Resources
Conservation Service, the United States Fish
and Wildlife Service, the National Marine
Fisheries Service, the United States Coast
Guard, the Advisory Council on Historic
Preservation, the Department of the Interior,
or any other Federal agency providing
assistance under division A of subtitle III of
title 54, United States Code, may be provided
on a nonreimbursable basis.
(B) Grants.--During the period in which the
2023 Amended U.S.-FSM Compact (as so defined)
and the 2023 Amended U.S.-RMI Compact (as so
defined) are in force, the grant programs under
division A of subtitle III of title 54, United
States Code, shall continue to apply to the
Federated States of Micronesia and the Republic
of the Marshall Islands in the same manner and
to the same extent as those programs applied
prior to the approval of the U.S.-FSM Compact
and U.S.-RMI Compact.
(3) Additional funds.--Any funds provided pursuant to
this subsection, subsections (c), (g), (h), (i), (k),
(l), and (m), section 102(a), and subsections (a), (b),
(f), (g), (h), and (j) of section 103 shall be in
addition to, and not charged against, any amounts to be
paid to the Federated States of Micronesia or the
Republic of the Marshall Islands pursuant to--
(A) the U.S.-FSM Compact;
(B) the U.S.-RMI Compact; or
(C) any related subsidiary agreement.
(k) Prior Service Benefits Program.--Notwithstanding any
other provision of law, persons who on January 1, 1985, were
eligible to receive payment under the Prior Service Benefits
Program established within the Social Security System of the
Trust Territory of the Pacific Islands because of their
services performed for the United States Navy or the Government
of the Trust Territory of the Pacific Islands prior to July 1,
1968, shall continue to receive such payments on and after the
effective date of the Compact.
(l) Indefinite Land Use Payments.--There are authorized to be
appropriated such sums as may be necessary to complete
repayment by the United States of any debts owed for the use of
various lands in the Federated States of Micronesia and the
Marshall Islands prior to January 1, 1985.
(m) Communicable Disease Control Program.--There are
authorized to be appropriated for grants to the Government of
the Federated States of Micronesia, the Government of the
Republic of the Marshall Islands, and the governments of the
affected jurisdictions, such sums as may be necessary for
purposes of establishing or continuing programs for the control
and prevention of communicable diseases, including (but not
limited to) cholera, tuberculosis, and Hansen's Disease. The
Secretary of the Interior shall assist the Government of the
Federated States of Micronesia, the Government of the Republic
of the Marshall Islands and the governments of the affected
jurisdictions in designing and implementing such a program.
(n) User Fees.--Any person in the Federated States of
Micronesia or the Republic of the Marshall Islands shall be
liable for user fees, if any, for services provided in the
Federated States of Micronesia or the Republic of the Marshall
Islands by the Government of the United States to the same
extent as any person in the United States would be liable for
fees, if any, for such services in the United States.
(o) Treatment of Judgments of Courts of the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.--No judgment, whenever issued, of a court of
the Federated States of Micronesia, the Republic of the
Marshall Islands, or the Republic of Palau, against the United
States, its departments and agencies, or officials of the
United States or any other individuals acting on behalf of the
United States within the scope of their official duty, shall be
honored by the United States, or be subject to recognition or
enforcement in a court in the United States, unless the
judgment is consistent with the interpretation by the United
States of international agreements relevant to the judgment. In
determining the consistency of a judgment with an international
agreement, due regard shall be given to assurances made by the
Executive Branch to Congress of the United States regarding the
proper interpretation of the international agreement.
(p) Establishment of Trust Funds; Expedition of Process.--
(1) In general.--The Trust Fund Agreement executed
pursuant to the U.S.-FSM Compact and the Trust Fund
Agreement executed pursuant to the U.S.-RMI Compact
each provides for the establishment of a trust fund.
(2) Method of establishment.--The trust fund may be
established by--
(A) creating a new legal entity to constitute
the trust fund; or
(B) assuming control of an existing legal
entity including, without limitation, a trust
fund or other legal entity that was established
by or at the direction of the Government of the
United States, the Government of the Federated
States of Micronesia, the Government of the
Republic of the Marshall Islands, or otherwise
for the purpose of facilitating or expediting
the establishment of the trust fund pursuant to
the applicable Trust Fund Agreement.
(3) Obligations.--For the purpose of expediting the
commencement of operations of a trust fund under either
Trust Fund Agreement, the trust fund may, but shall not
be obligated to, assume any obligations of an existing
legal entity and take assignment of any contract or
other agreement to which the existing legal entity is
party.
(4) Assistance.--Without limiting the authority that
the United States Government may otherwise have under
applicable law, the United States Government may, but
shall not be obligated to, provide financial,
technical, or other assistance directly or indirectly
to the Government of the Federated States of Micronesia
or the Government of the Republic of the Marshall
Islands for the purpose of establishing and operating a
trust fund or other legal entity that will solicit bids
from, and enter into contracts with, parties willing to
serve in such capacities as trustee, depositary, money
manager, or investment advisor, with the intention that
the contracts will ultimately be assumed by and
assigned to a trust fund established pursuant to a
Trust Fund Agreement.
* * * * * * *
----------
HEAD START ACT
* * * * * * *
TITLE VI--HUMAN SERVICES PROGRAMS
Subtitle A--Authorizations Savings for Fiscal Years 1982, 1983, and
1984
* * * * * * *
CHAPTER 8--COMMUNITY SERVICES PROGRAMS
* * * * * * *
Subchapter B--Head Start Programs
* * * * * * *
definitions
Sec. 637. For purposes of this subchapter:
(1) The term ``child with a disability'' means--
(A) a child with a disability, as defined in
section 602(3) of the Individuals with
Disabilities Education Act; and
(B) an infant or toddler with a disability,
as defined in section 632(5) of such Act.
(2) The term ``delegate agency'' means a public,
private nonprofit (including a community-based
organization, as defined in section 8101 of the
Elementary and Secondary EducationAct of 1965), or for-
profit organization or agency to which a grantee has
delegated all or part of the responsibility of the
grantee for operating a Head Start program.
(3) The term ``family literacy services'' means
services that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable
changes in a family, and that integrate all of the
following activities:
(A) Interactive literacy activities between
parents and their children.
(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
(C) Parent literacy training that leads to
economic self-sufficiency, and financial
literacy..
(D) An age-appropriate education to prepare
children for success in school and life
experiences.
(4) The term ``financial assistance'' includes
assistance provided by grant, agreement, or contract,
and payments may be made in installments and in advance
or by way of reimbursement with necessary adjustments
on account of overpayments or underpayments.
(5) The term ``full calendar year'' means all days of
the year other than Saturday, Sunday, and a legal
public holiday.
(6) The term ``full-working-day'' means not less than
10 hours per day. Nothing in this paragraph shall be
construed to require an agency to provide services to a
child who has not reached the age of compulsory school
attendance for more than the number of hours per day
permitted by State law (including regulation) for the
provision of services to such a child.
(7) The term ``Head Start classroom'' means a group
of children supervised and taught by two paid staff
members (a teacher and a teacher's aide or two
teachers) and, where possible, a volunteer.
(8) The term ``Head Start family day care'' means
Head Start services provided in a private residence
other than the residence of the child receiving such
services.
(9) The term ``home-based Head Start program'' means
a Head Start program that provides Head Start services
in the private residence of the child receiving such
services.
(10) The term ``Indian tribe'' means any tribe, band,
nation, pueblo, or other organized group or community
of Indians, including any Native village described in
section 3(c) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(c)) or established pursuant to such Act
(43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided
by the United States to Indians because of their status
as Indians.
(11) The term ``local educational agency'' has the
meaning given such term in the Elementary and Secondary
Education Act of 1965.
(12) The term ``migrant or seasonal Head Start
program'' means--
(A) with respect to services for migrant
farmworkers, a Head Start program that serves
families who are engaged in agricultural labor
and who have changed their residence from one
geographic location to another in the preceding
2-year period; and
(B) with respect to services for seasonal
farmworkers, a Head Start program that serves
families who are engaged primarily in seasonal
agricultural labor and who have not changed
their residence to another geographic location
in the preceding 2-year period.
(13) The term ``mobile Head Start program'' means the
provision of Head Start services utilizing
transportable equipment set up in various community-
based locations on a routine, weekly schedule,
operating in conjunction with home-based Head Start
programs, or as a Head Start classroom.
(14) The term ``poverty line'' means the official
poverty line (as defined by the Office of Management
and Budget)--
(A) adjusted to reflect the percentage change
in the Consumer Price Index For All Urban
Consumers, issued by the Bureau of Labor
Statistics, occurring in the 1-year period or
other interval immediately preceding the date
such adjustment is made; and
(B) adjusted for family size.
(15) The term ``scientifically based reading
research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to reading
development, reading instruction, and reading
difficulties; and
(B) shall include research that--
(i) employs systematic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
(16) The term ``Secretary'' means the Secretary of
Health and Human Services.
(17) The term ``State'' means a State, the
Commonwealth of Puerto Rico, the District of Columbia,
Guam, American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana
Islands. [The term includes the Republic of Palau for
fiscal years 2008 and 2009, and (if the legislation
described in section 640(a)(2)(B)(v) has not been
enacted by September 30, 2009) for fiscal years 2010
through 2012.] The term State includes the Federated
States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau.
(18) The term ``deficiency'' means--
(A) a systemic or substantial material
failure of an agency in an area of performance
that the Secretary determines involves--
(i) a threat to the health, safety,
or civil rights of children or staff;
(ii) a denial to parents of the
exercise of their full roles and
responsibilities related to program
operations;
(iii) a failure to comply with
standards related to early childhood
development and health services, family
and community partnerships, or program
design and management;
(iv) the misuse of funds received
under this subchapter;
(v) loss of legal status (as
determined by the Secretary) or
financial viability, loss of permits,
debarment from receiving Federal grants
or contracts, or the improper use of
Federal funds; or
(vi) failure to meet any other
Federal or State requirement that the
agency has shown an unwillingness or
inability to correct, after notice from
the Secretary, within the period
specified;
(B) systemic or material failure of the
governing body of an agency to fully exercise
its legal and fiduciary responsibilities; or
(C) an unresolved area of noncompliance.
(19) The term ``homeless children'' has the meaning
given the term ``homeless children and youths'' in
section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)).
(20) The term ``institution of higher education'' has
the meaning given the term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(21) The term ``interrater reliability'' means the
extent to which 2 or more independent raters or
observers consistently obtain the same result when
using the same assessment tool.
(22) The term ``limited English proficient'', used
with respect to a child, means a child--
(A)(i) who was not born in the United States
or whose native language is a language other
than English;
(ii)(I) who is a Native American (as defined
in section 8101 of the Elementary and Secondary
Education Act of 1965), an Alaska Native, or a
native resident of an outlying area (as defined
in such section 8101); and
(II) who comes from an environment where a
language other than English has had a
significant impact on the child's level of
English language proficiency; or
(iii) who is migratory, whose native language
is a language other than English, and who comes
from an environment where a language other than
English is dominant; and
(B) whose difficulties in speaking or
understanding the English language may be
sufficient to deny such child--
(i) the ability to successfully
achieve in a classroom in which the
language of instruction is English; or
(ii) the opportunity to participate
fully in society.
(23) The term ``principles of scientific research''
means principles of research that--
(A) applies rigorous, systematic, and
objective methodology to obtain reliable and
valid knowledge relevant to education
activities and programs;
(B) presents findings and makes claims that
are appropriate to and supported by methods
that have been employed; and
(C) includes, as appropriate to the research
being conducted--
(i) use of systematic, empirical
methods that draw on observation or
experiment;
(ii) use of data analyses that are
adequate to support the general
findings;
(iii) reliance on measurements or
observational methods that provide
reliable and generalizable findings;
(iv) strong claims of causal
relationships, only with research
designs that eliminate plausible
competing explanations for observed
results, such as, but not limited to,
random assignment experiments;
(v) presentation of studies and
methods in sufficient detail and
clarity to allow for replication or, at
a minimum, to offer the opportunity to
build systematically on the findings of
the research;
(vi) acceptance by a peer-reviewed
journal or critique by a panel of
independent experts through a
comparably rigorous, objective, and
scientific review; and
(vii) consistency of findings across
multiple studies or sites to support
the generality of results and
conclusions.
(24) The term ``professional development'' means
high-quality activities that will improve the knowledge
and skills of Head Start teachers and staff, as
relevant to their roles and functions, in program
administration and the provision of services and
instruction, as appropriate, in a manner that improves
service delivery to enrolled children and their
families, including activities that--
(A) are part of a sustained effort to improve
overall program quality and outcomes for
enrolled children and their families;
(B) are developed or selected with extensive
participation of administrators and teachers
from Head Start programs;
(C) are developmentally appropriate for the
children being served;
(D) include instruction in ways that Head
Start teachers and staff may work more
effectively with parents, as appropriate;
(E) are designed to give Head Start teachers
and staff the knowledge and skills to provide
instruction and appropriate support services to
children of diverse backgrounds, as
appropriate;
(F) may include a 1-day or short-term
workshop or conference, if the workshop or
conference is consistent with the goals in the
professional development plan described in
section 648A(f) and will be delivered by an
institution of higher education or other
entity, with expertise in delivering training
in early childhood development, training in
family support, and other assistance designed
to improve the delivery of Head Start services;
and
(G) in the case of teachers, assist teachers
with--
(i) the acquisition of the content
knowledge and teaching strategies
needed to provide effective instruction
and other school readiness services
regarding early language and literacy,
early mathematics, early science,
cognitive skills, approaches to
learning, creative arts, physical
health and development, and social and
emotional development linked to school
readiness;
(ii) meeting the requirements in
paragraphs (1) and (2) of section
648A(a), as appropriate;
(iii) improving classroom management
skills, as appropriate;
(iv) advancing their understanding of
effective instructional strategies that
are--
(I) based on scientifically
valid research; and
(II) aligned with--
(aa) the Head Start
Child Outcomes
Framework developed by
the Secretary and, as
appropriate, State
early learning
standards; and
(bb) curricula,
ongoing assessments,
and other instruction
and services, designed
to help meet the
standards described in
section 641A(a)(1);
(v) acquiring the knowledge and
skills to provide instruction and
appropriate language and support
services to increase the English
language skills of limited English
proficient children, as appropriate; or
(vi) methods of teaching children
with disabilities, as appropriate.
(25) The term ``scientifically valid research''
includes applied research, basic research, and field-
initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with
principles of scientific research.
(26) The term ``unresolved area of noncompliance''
means failure to correct a noncompliance item within
120 days, or within such additional time (if any) as is
authorized by the Secretary, after receiving from the
Secretary notice of such noncompliance item, pursuant
to section 641A(c).
* * * * * * *
allotment of funds; limitations on assistance
Sec. 640. (a)(1) Using the sums appropriated pursuant to
section 639 for a fiscal year, the Secretary shall allocate
such sums in accordance with paragraphs (2) through (5).
(2)(A) The Secretary shall determine an amount for each
fiscal year for each State that is equal to the amount received
through base grants for the prior fiscal year by the Head Start
agencies (including Early Head Start agencies) in the State
that are not described in clause (ii) or (iii) of subparagraph
(B).
(B) The Secretary shall reserve for each fiscal year such
sums as are necessary--
(i) to provide each amount determined for a State
under subparagraph (A) to the Head Start agencies
(including Early Head Start agencies) in the State that
are not described in clause (ii) or (iii), by allotting
to each agency described in this clause an amount equal
to that agency's base grant for the prior fiscal year;
(ii) to provide an amount for the Indian Head Start
programs that is equal to the amount provided for base
grants for such programs under this subchapter for the
prior fiscal year, by allotting to each Head Start
agency (including each Early Head Start agency)
administering an Indian Head Start program an amount
equal to that agency's base grant for the prior fiscal
year;
(iii) to provide an amount for the migrant and
seasonal Head Start programs, on a nationwide basis,
that is equal to the amount provided nationwide for
base grants for such programs under this subchapter for
the prior fiscal year, by allotting to each Head Start
agency administering a migrant or seasonal Head Start
program an amount equal to that agency's base grant for
the prior fiscal year;
(iv) to provide an amount for each of Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of Palau, and the Virgin Islands
of the United States (for Head Start agencies
(including Early Head Start agencies) in the
jurisdiction) that is equal to the amount provided for
base grants for such jurisdiction under this subchapter
for the prior fiscal year, by allotting to each agency
described in this clause an amount equal to that
agency's base grant for the prior fiscal year;
[(v) to provide an amount for the Republic of Palau
(for Head Start agencies (including Early Head Start
agencies) in the jurisdiction) for each of fiscal years
2008 and 2009, and (if legislation approving a new
agreement regarding United States assistance for the
Republic of Palau has not been enacted by September 30,
2009) for each of fiscal years 2010 through 2012, that
is equal to the amount provided for base grants for
such jurisdiction under this subchapter for the prior
fiscal year, by allotting to each agency described in
this clause an amount equal to that agency's base grant
for the prior fiscal year; and]
(v) if a base grant has been established through
appropriations for the Federated States of Micronesia
or the Republic of the Marshall Islands, to provide an
amount for that jurisdiction (for Head Start agencies
(including Early Head Start agencies) in the
jurisdiction) that is equal to the amount provided for
base grants for such jurisdiction under this subchapter
for the prior fiscal year, by allotting to each agency
described in this clause an amount equal to that
agency's base grant for the prior fiscal year; and
(vi) to provide an amount for a collaboration grant
under section 642B(a) for each State, for the Indian
Head Start programs, and for the migrant and seasonal
Head Start programs, in the same amount as the
corresponding collaboration grant provided under this
subchapter for fiscal year 2007.
(C)(i) The Secretary shall reserve for each fiscal year an
amount that is not less than 2.5 percent and not more than 3
percent of the sums appropriated pursuant to section 639 for
that fiscal year, to fund training and technical assistance
activities, from which reserved amount--
(I) the Secretary shall set aside a portion, but not
less than 20 percent, to be used to fund training and
technical assistance activities for Early Head Start
programs, in accordance with section 645A(g)(2); and
(II) the Secretary shall set aside a portion, equal
to the rest of the reserved amount, to fund training
and technical assistance activities for other Head
Start programs, in accordance with section 648, of
which portion--
(aa) not less than 50 percent shall be made
available to Head Start agencies to use
directly, which may include at their discretion
the establishment of local or regional
agreements with community experts, institutions
of higher education, or private consultants, to
make program improvements identified by such
agencies, by carrying out the training and
technical assistance activities described in
section 648(d);
(bb) not less than 25 percent shall be
available to the Secretary to support a State-
based training and technical assistance system,
or a national system, described in section
648(e) for supporting program quality; and
(cc) the remainder of the portion set aside
under this subclause shall be available to the
Secretary to assist Head Start agencies in
meeting and exceeding the standards described
in section 641A(a)(1) by carrying out
activities described in subsections (a), (b),
(c), (f), and (g) of section 648, including
helping Head Start programs address weaknesses
identified by monitoring activities conducted
by the Secretary under section 641A(c), except
that not less than $3,000,000 of the remainder
shall be made available to carry out activities
described in section 648(a)(3)(B)(ii).
(ii) In determining the portion set aside under clause (i)(I)
and the amount reserved under this subparagraph, the Secretary
shall consider the number of Early Head Start programs newly
funded for that fiscal year.
(D) The Secretary shall reserve not more than $20,000,000 to
fund research, demonstration, and evaluation activities under
section 649, of which not more than $7,000,000 for each of
fiscal years 2008 through 2012 shall be available to carry out
impact studies under section 649(g).
(E) The Secretary shall reserve not more than $42,000,000 for
discretionary payments by the Secretary, including payments for
all costs (other than compensation of Federal employees) for
activities carried out under subsection (c) or (e) of section
641A.
(F) If the sums appropriated under section 639 are not
sufficient to provide the amounts required to be reserved under
subparagraphs (B) through (E), the amounts shall be reduced
proportionately.
(G) Nothing in this section shall be construed to deny the
Secretary the authority, consistent with sections 641, 641A,
and 646 to terminate, suspend, or reduce funding to a Head
Start agency.
(3)(A) From any amount remaining for a fiscal year after the
Secretary carries out paragraph (2) (referred to in this
paragraph as the ``remaining amount''), the Secretary shall--
(i) subject to clause (ii)--
(I) provide a cost of living increase for
each Head Start agency (including each Early
Head Start agency) funded under this subchapter
for that fiscal year, to maintain the level of
services provided during the prior year; and
(II) subject to subparagraph (B), provide
$10,000,000 for Indian Head Start programs
(including Early Head Start programs), and
$10,000,000 for migrant and seasonal Head Start
programs, to increase enrollment in the
programs involved;
(ii) subject to clause (iii), if the remaining amount
is not sufficient to carry out clause (i)--
(I) for each of fiscal years 2008, 2009, and
2010--
(aa) subject to subparagraph (B),
provide 5 percent of that amount for
Indian Head Start programs (including
Early Head Start programs), and 5
percent of that amount for migrant and
seasonal Head Start programs, to
increase enrollment in the programs
involved; and
(bb) use 90 percent of that amount to
provide, for each Head Start agency
(including each Early Head Start
agency) funded as described in clause
(i)(I), the same percentage (but not
less than 50 percent) of the cost of
living increase described in clause
(i); and
(II) for fiscal year 2011 and each subsequent
fiscal year--
(aa) provide, for each Head Start
agency (including each Early Head Start
agency) funded as described in clause
(i)(I), the cost of living increase
described in clause (i); and
(bb) subject to subparagraph (B),
with any portion of the remaining
amount that is not used under item
(aa), provide equal amounts for Indian
Head Start programs (including Early
Head Start programs), and for migrant
and seasonal Head Start programs, to
increase enrollment in the programs
involved; and
(iii) if the remaining amount is not sufficient to
carry out clause (ii) for the fiscal year involved, use
that amount to provide, for each Head Start agency
(including each Early Head Start agency) funded as
described in clause (i)(I), the same percentage of the
cost of living increase described in clause (i).
(B)(i) Notwithstanding any other provision of this paragraph,
the Indian Head Start programs shall not receive more than a
total cumulative amount of $50,000,000 for all fiscal years,
and the migrant and seasonal Head Start programs shall not
receive more than a total cumulative amount of $50,000,000 for
all fiscal years, under clause (i)(II), and subclauses (I)(aa)
and (II)(bb) of clause (ii), of subparagraph (A) (referred to
in this subsection as the ``special expansion provisions''), to
increase enrollment in the programs involved.
(ii)(I) Funds that are appropriated under section 639 for a
fiscal year, and made available to Indian Head Start programs
or migrant or seasonal Head Start programs under the special
expansion provisions, shall remain available until the end of
the following fiscal year.
(II) For purposes of subclause (I)--
(aa) if no portion is reallocated under clause (iii),
those funds shall remain available to the programs
involved; or
(bb) if a portion is reallocated under clause (iii),
the portion shall remain available to the recipients of
the portion.
(iii) Of the funds made available as described in clause
(ii), the Secretary shall reallocate the portion that the
Secretary determines is unobligated 18 months after the funds
are made available. The Secretary shall add that portion to the
balance described in paragraph (4), and reallocate the portion
in accordance with paragraph (4), for the following fiscal year
referred to in clause (ii).
(4)(A) Except as provided in subparagraph (B), from any
amount remaining for a fiscal year after the Secretary carries
out paragraphs (2) and (3) (referred to in this paragraph as
the ``balance''), the Secretary shall--
(i) reserve 40 percent to carry out subparagraph (C)
and paragraph (5);
(ii) reserve 45 percent to carry out subparagraph
(D); and
(iii) reserve 15 percent (which shall remain
available through the end of fiscal year 2012) to
provide funds for carrying out section 642B(b)(2).
(B)(i) Under the circumstances described in clause (ii), from
the balance, the Secretary shall--
(I) reserve 45 percent to carry out subparagraph (C)
and paragraph (5); and
(II) reserve 55 percent to carry out subparagraph
(D).
(ii) The Secretary shall make the reservations described in
clause (i) for a fiscal year if--
(I) the total cumulative amount reserved under
subparagraph (A)(iii) for all preceding fiscal years
equals $100,000,000; or
(II) in the 2-year period preceding such fiscal year,
funds were reserved under subparagraph (A)(iii) in an
amount that totals not less than $15,000,000 and the
Secretary received no approvable applications for such
funds.
(iii) The total cumulative amount reserved under subparagraph
(A)(iii) for all fiscal years may not be greater than
$100,000,000.
(C) The Secretary shall fund the quality improvement
activities described in paragraph (5) using the amount reserved
under subparagraph (A)(i) or subparagraph (B)(i)(I), as
appropriate, of which--
(i) a portion that is less than 10 percent may be
reserved by the Secretary to provide funding to Head
Start agencies (including Early Head Start agencies)
that demonstrate the greatest need for additional
funding for such activities, as determined by the
Secretary; and
(ii) a portion that is not less than 90 percent shall
be reserved by the Secretary to allot, to each Head
Start agency (including each Early Head Start agency),
an amount that bears the same ratio to such portion as
the number of enrolled children served by the agency
involved bears to the number of enrolled children
served by all the Head Start agencies (including Early
Head Start agencies), except that the Secretary shall
account for the additional costs of serving children in
Early Head Start programs and may consider whether an
agency is providing a full-day program or whether an
agency is providing a full-year program.
(D) The Secretary shall fund expansion of Head Start programs
(including Early Head Start programs) using the amount reserved
under subparagraph (A)(ii) or subparagraph (B)(i)(II), as
appropriate, of which the Secretary shall--
(i) use 0.2 percent for Head Start programs funded
under clause (iv) or (v) of paragraph (2)(B) (other
than Early Head Start programs);
(ii) for any fiscal year after the last fiscal year
for which Indian Head Start programs receive funds
under the special expansion provisions, use 3 percent
for Head Start programs funded under paragraph
(2)(B)(ii) (other than Early Head Start programs),
except that the Secretary may increase that percentage
if the Secretary determines that the results of the
study conducted under section 649(k) indicate that the
percentage should be increased;
(iii) for any fiscal year after the last fiscal year
for which migrant or seasonal Head Start programs
receive funds under the special expansion provisions,
use 4.5 percent for Head Start programs funded under
paragraph (2)(B)(iii) (other than Early Head Start
programs), except that the Secretary may increase that
percentage if the Secretary determines that the results
of the study conducted under section 649(l) indicate
that the percentage should be increased; and
(iv) from the remainder of the reserved amount--
(I) use 50 percent for Head Start programs
funded under paragraph (2)(B)(i) (other than
Early Head Start programs), of which--
(aa) the covered percentage shall be
allocated among the States serving less
than 60 percent (as determined by the
Secretary) of children who are 3 or 4
years of age from families whose income
is below the poverty line, by
allocating to each of those States an
amount that bears the same relationship
to that covered percentage as the
number of children who are less than 5
years of age from families whose income
is below the poverty line (referred to
in this subclause as ``young low-income
children'') in that State bears to the
number of young low-income children in
all those States; and
(bb) the remainder shall be allocated
proportionately among the States on the
basis of the number of young low-income
children; and
(II) use 50 percent for Early Head Start
programs.
(E) In this paragraph, the term ``covered percentage''
means--
(i) for fiscal year 2008, 30 percent;
(ii) for fiscal year 2009, 40 percent;
(iii) for fiscal year 2010, 50 percent;
(iv) for fiscal year 2011, 55 percent; and
(v) for fiscal year 2012, 55 percent.
(5)(A) Not less than 50 percent of the amount reserved under
subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate,
of paragraph (4) to carry out quality improvement activities
under paragraph (4)(C) and this paragraph shall be used to
improve the compensation (including benefits) of educational
personnel, family service workers, and child counselors, as
described in sections 644(a) and 653, in the manner determined
by the Head Start agencies (including Early Head Start
agencies) involved, to--
(i) ensure that compensation is adequate to attract
and retain qualified staff for the programs involved in
order to enhance program quality;
(ii) improve staff qualifications and assist with the
implementation of career development programs for staff
that support ongoing improvement of their skills and
expertise; and
(iii) provide education and professional development
to enable teachers to be fully competent to meet the
professional standards established under section
648A(a)(1), including--
(I) providing assistance to complete
postsecondary course work;
(II) improving the qualifications and skills
of educational personnel to become certified
and licensed as bilingual education teachers,
or as teachers of English as a second language;
and
(III) improving the qualifications and skills
of educational personnel to teach and provide
services to children with disabilities.
(B) Any remaining funds from the reserved amount described in
subparagraph (A) shall be used to carry out any of the
following activities:
(i) Supporting staff training, child counseling, and
other services, necessary to address the challenges of
children from immigrant, refugee, and asylee families,
homeless children, children in foster care, limited
English proficient children, children of migrant or
seasonal farmworker families, children from families in
crisis, children referred to Head Start programs
(including Early Head Start programs) by child welfare
agencies, and children who are exposed to chronic
violence or substance abuse.
(ii) Ensuring that the physical environments of Head
Start programs are conducive to providing effective
program services to children and families, and are
accessible to children with disabilities and other
individuals with disabilities.
(iii) Employing additional qualified classroom staff
to reduce the child-to-teacher ratio in the classroom
and additional qualified family service workers to
reduce the family-to-staff ratio for those workers.
(iv) Ensuring that Head Start programs have qualified
staff that promote the language skills and literacy
growth of children and that provide children with a
variety of skills that have been identified, through
scientifically based reading research, as predictive of
later reading achievement.
(v) Increasing hours of program operation,
including--
(I) conversion of part-day programs to full-
working-day programs; and
(II) increasing the number of weeks of
operation in a calendar year.
(vi) Improving communitywide strategic planning and
needs assessments for Head Start programs and
collaboration efforts for such programs, including
outreach to children described in clause (i).
(vii) Transporting children in Head Start programs
safely, except that not more than 10 percent of funds
made available to carry out this paragraph may be used
for such purposes.
(viii) Improving the compensation and benefits of
staff of Head Start agencies, in order to improve the
quality of Head Start programs.
(6) No sums appropriated under this subchapter may be
combined with funds appropriated under any provision other than
this subchapter if the purpose of combining funds is to make a
single discretionary grant or a single discretionary payment,
unless such sums appropriated under this subchapter are
separately identified in such grant or payment and are used for
the purposes of this subchapter.
(7) In this subsection:
(A) The term ``base grant'', used with respect to a
fiscal year, means the amount of permanent ongoing
funding (other than funding described in sections
645A(g)(2)(A)(i) and paragraph (2)(C)(i)(II)(aa))
provided to a Head Start agency (including an Early
Head Start agency) under this subchapter for that
fiscal year.
(B) The term ``cost-of-living increase'', used with
respect to an agency for a fiscal year, means an
increase in the funding for that agency, based on the
percentage change in the Consumer Price Index for All
Urban Consumers (issued by the Bureau of Labor
Statistics) for the prior fiscal year, calculated on
the amount of the base grant for that agency for the
prior fiscal year.
(C) For the purposes of this subsection, the term
``State'' does not include Guam, American Samoa, the
Virgin Islands of the United States, the Commonwealth
of the Northern Mariana Islands, the Federated States
of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau.
(b) Financial assistance extended under this subchapter for a
Head Start program shall not exceed 80 percent of the approved
costs of the assisted program or activities, except that the
Secretary may approve assistance in excess of such percentage
if the Secretary determines that such action is required in
furtherance of the purposes of this subchapter. For the purpose
of making such determination, the Secretary shall take into
consideration with respect to the Head Start program involved--
(1) the lack of resources available in the community
that may prevent the Head Start agency from providing
all or a portion of the non-Federal contribution that
may be required under this subsection;
(2) the impact of the cost the Head Start agency may
incur in initial years it carries out such program;
(3) the impact of an unanticipated increase in the
cost the Head Start agency may incur to carry out such
program;
(4) whether the Head Start agency is located in a
community adversely affected by a major disaster; and
(5) the impact on the community that would result if
the Head Start agency ceased to carry out such program.
Non-Federal contributions may be in cash or in kind, fairly
evaluated, including plant, equipment, or services. The
Secretary shall not require non-Federal contributions in excess
of 20 percent of the approved costs of programs or activities
assisted under this subchapter.
(c) No programs shall be approved for assistance under this
subchapter unless the Secretary is satisfied that the services
to be provided under such program will be in addition to, and
not in substitution for, comparable services previously
provided without Federal assistance. The requirement imposed by
the preceding sentence shall be subject to such regulations as
the Secretary may prescribe.
(d)(1) The Secretary shall establish policies and procedures
to assure that, for fiscal year 2009 and thereafter, not less
than 10 percent of the total number of children actually
enrolled by each Head Start agency and each delegate agency
will be children with disabilities who are determined to be
eligible for special education and related services, or early
intervention services, as appropriate, as determined under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), by the State or local agency providing services under
section 619 or part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419, 1431 et seq.).
(2) Such policies and procedures shall ensure the provision
of early intervening services, such as educational and
behavioral services and supports, to meet the needs of children
with disabilities, prior to an eligibility determination under
the Individuals with Disabilities Education Act.
(3) Such policies and procedures shall require Head Start
agencies to provide timely referral to and collaborate with the
State or local agency providing services under section 619 or
part C of the Individuals with Disabilities Education Act to
ensure the provision of special education and related services
and early intervention services, and the coordination of
programmatic efforts, to meet the special needs of such
children.
(4) The Secretary shall establish policies and procedures to
provide Head Start agencies with waivers of the requirements of
paragraph (1) for not more than 3 years. Such policies and
procedures shall require Head Start agencies, in order to
receive such waivers, to provide evidence demonstrating that
the Head Start agencies are making reasonable efforts on an
annual basis to comply with the requirements of that paragraph.
(5) Nothing in this subsection shall be construed to limit or
create a right to a free appropriate public education under the
Individuals with Disabilities Education Act.
(e) The Secretary shall adopt approximate administrative
measures to assure that the benefits of this subchapter will be
distributed equitably between residents of rural and urban
areas.
(f)(1) Not later than 1 year after the date of enactment of
the Improving Head Start for School Readiness Act of 2007, the
Secretary shall establish procedures to enable Head Start
agencies to develop locally designed or specialized service
delivery models to address local community needs, including
models that leverage the capacity and capabilities of the
delivery system of early childhood education and development
services or programs.
(2) In establishing the procedures the Secretary shall
establish procedures to provide for--
(A) the conversion of part-day programs to full-
working-day programs or part-day slots to full-working-
day slots; and
(B) serving additional infants and toddlers pursuant
to section 645(a)(5).
(g)(1) For the purpose of expanding Head Start programs the
Secretary shall take into consideration--
(A) the quality of the applicant's programs
(including Head Start and other child care or child
development programs) in existence on the date of the
allocation, including, in the case of Head Start
programs in existence on the date of the allocation,
the extent to which such programs meet or exceed
standards described in section 641A(a)(1) and other
requirements under this subchapter, and the performance
history of the applicant in providing services under
other Federal programs (other than the program carried
out under this subchapter);
(B) the applicant's capacity to expand services
(including, in the case of Head Start programs in
existence on the date of the allocation, whether the
applicant accomplished any prior expansions in an
effective and timely manner);
(C) the extent to which the applicant has undertaken
a communitywide strategic planning and needs assessment
involving other entities, including community
organizations, and Federal, State, and local public
agencies (including the local educational agency
liaison designated under section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii))), that provide services to children
and families, such as--
(i) family support services;
(ii) child abuse prevention services;
(iii) protective services;
(iv) foster care;
(v) services for families in whose homes
English is not the language customarily spoken;
(vi) services for children with disabilities;
and
(vii) services for homeless children;
(D) the extent to which the family needs assessment
and communitywide strategic planning and needs
assessment of the applicant reflect a need to provide
full-working-day or full calendar year services and the
extent to which, and manner in which, the applicant
demonstrates the ability to collaborate and participate
with the State and local community providers of child
care or preschool services to provide full-working-day
full calendar year services;
(E) the number of eligible children, as
described in clause (i) or (ii) of section
645(a)(1)(B), in each community who are not
participating in a Head Start program or any
other publicly funded early childhood education
and development program;
(F) the concentration of low-income families in each
community;
(G) the extent to which the applicant proposes to
foster partnerships with other service providers in a
manner that will leverage the existing delivery systems
of such services and enhance the resource capacity of
the applicant; and
(H) the extent to which the applicant, in providing
services, successfully coordinated activities with the
local educational agency serving the community involved
(including the local educational agency liaison
designated under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii))), and with schools in which
children participating in such applicant's program will
enroll following such program, with respect to such
services and the education services provided by such
local educational agency.
(2) Notwithstanding paragraph (1), in using funds made
available for expansion under subsection (a)(4)(D), the
Secretary shall first allocate the funds to qualified
applicants proposing to use such funds to serve children from
families with incomes below the poverty line. Agencies that
receive such funds are subject to the eligibility and
enrollment requirements under section 645(a)(1).
(3)(A) In the event that the amount appropriated to carry out
the program under this subchapter for a fiscal year does not
exceed the amount appropriated for the prior fiscal year, or is
not sufficient to maintain services comparable to the services
provided under this subchapter during the prior fiscal year, a
Head Start agency may negotiate with the Secretary a reduced
funded enrollment level without a reduction in the amount of
the grant received by the agency under this subchapter, if such
agency can reasonably demonstrate that such reduced funded
enrollment level is necessary to maintain the quality of
services.
(B) In accordance with this paragraph, the Secretary shall
set up a process for Head Start agencies to negotiate the
reduced funded enrollment levels referred to in subparagraph
(A) for the fiscal year involved.
(C) In the event described in subparagraph (A), the Secretary
shall be required to notify Head Start agencies of their
ability to negotiate the reduced funded enrollment levels if
such an agency can reasonably demonstrate that such reduced
funded enrollment level is necessary to maintain the quality of
services.
(h) Financial assistance provided under this subchapter may
be used by each Head Start program to provide full-working-day
Head Start services to any eligible child throughout the full
calendar year.
(i) The Secretary shall issue regulations establishing
requirements for the safety features, and the safe operation,
of vehicles used by Head Start agencies to transport children
participating in Head Start programs. The regulations shall
also establish requirements to ensure the appropriate
supervision of, and appropriate background checks for,
individuals with whom the agencies contract to transport those
children.
(j) Any agency that receives financial assistance under this
subchapter to improve the compensation of staff who provide
services under this Act shall use the financial assistance to
improve the compensation of such staff, regardless of whether
the agency has the ability to improve the compensation of staff
employed by the agency who do not provide Head Start services.
(k)(1) The Secretary shall allow center-based Head Start
programs the flexibility to satisfy the total number of hours
of service required by the regulations in effect on the date of
enactment of the Human Services Amendments of 1994, to be
provided to children in Head Start programs so long as such
agencies do not--
(A) provide less than 3 hours of service per day;
(B) reduce the number of days of service per week; or
(C) reduce the number of days of service per year.
(2) The provisions of this subsection shall not be construed
to restrict the authority of the Secretary to fund alternative
program variations authorized under section 1306.35 of title 45
of the Code of Federal Regulations in effect on the date of
enactment of the Human Services Amendments of 1994.
(l)(1) With funds made available under this subchapter to
expand migrant and seasonal Head Start programs, the Secretary
shall give priority to migrant and seasonal Head Start programs
that serve eligible children of migrant or seasonal farmworker
families whose work requires them to relocate most frequently.
(2) In determining the need and demand for migrant and
seasonal Head Start programs (and services provided through
such programs), the Secretary shall consult with appropriate
entities, including providers of services for migrant and
seasonal Head Start programs. The Secretary shall, after taking
into consideration the need and demand for migrant and seasonal
Head Start programs (and such services), ensure that there is
an adequate level of such services for eligible children of
migrant farmworker families before approving an increase in the
allocation of funds provided under this subchapter for unserved
eligible children of seasonal farmworker families. In serving
the eligible children of seasonal farmworker families, the
Secretary shall ensure that services provided by migrant and
seasonal Head Start programs do not duplicate or overlap with
other Head Start services available to eligible children of
such farmworker families.
(3) In carrying out this subchapter, the Secretary shall
continue the administrative arrangement at the national level
for meeting the needs of Indian children and children of
migrant and seasonal farmworker families and shall ensure--
(A) the provision of training and technical
assistance by staff with knowledge of and experience in
working with such populations; and
(B) the appointment of a national Indian Head Start
collaboration director and a national migrant and
seasonal Head Start collaboration director.
(4)(A) For the purposes of paragraph (3), the Secretary shall
conduct an annual consultation in each affected Head Start
region, with tribal governments operating Head Start (including
Early Head Start) programs.
(B) The consultations shall be for the purpose of better
meeting the needs of Indian, including Alaska Native, children
and their families, in accordance with this subchapter, taking
into consideration funding allocations, distribution formulas,
and other issues affecting the delivery of Head Start services
in their geographic locations.
(C) The Secretary shall publish a notification of the
consultations in the Federal Register before conducting the
consultations.
(D) The Secretary shall ensure that a detailed report of each
consultation shall be prepared and made available, within 90
days after the consultation, to all tribal governments
receiving funds under this subchapter.
(m) The Secretary shall issue rules to establish policies and
procedures to remove barriers to the enrollment and
participation of homeless children in Head Start programs. Such
rules shall require Head Start agencies--
(1) to implement policies and procedures to ensure
that homeless children are identified and prioritized
for enrollment;
(2) to allow families of homeless children to apply
to, enroll in, and attend Head Start programs while
required documents, such as proof of residency,
immunization and other medical records, birth
certificates, and other documents, are obtained within
a reasonable time frame; and
(3) to coordinate individual Head Start programs with
efforts to implement subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431
et seq.).
(n) Nothing in this subchapter shall be construed to require
a State to establish a publicly funded program of early
childhood education and development, or to require any child to
participate in such a publicly funded program, including a
State-funded preschool program, or to participate in any
initial screening before participating in a publicly funded
program of early childhood education and development, except as
provided under sections 612(a)(3) and 635(a)(5) of the
Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(3), 1435(a)(5)).
(o) All curricula funded under this subchapter shall be based
on scientifically valid research, and be age and
developmentally appropriate. The curricula shall reflect all
areas of child development and learning and be aligned with the
Head Start Child Outcomes Framework. Parents shall have the
opportunity to examine any such curricula or instructional
materials funded under this subchapter.
* * * * * * *
----------
PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996
* * * * * * *
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
* * * * * * *
Subtitle A--Eligibility for Federal Benefits
* * * * * * *
SEC. 402. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN FEDERAL
PROGRAMS.
(a) Limited Eligibility for Specified Federal Programs.--
(1) In general.--Notwithstanding any other provision
of law and except as provided in paragraph (2), an
alien who is a qualified alien (as defined in section
431) is not eligible for any specified Federal program
(as defined in paragraph (3)).
(2) Exceptions.--
(A) Time-limited exception for refugees and
asylees.--With respect to the specified Federal
programs described in paragraph (3), paragraph
(1) shall not apply to an alien until 7 years
after the date--
(i) an alien is admitted to the
United States as a refugee under
section 207 of the Immigration and
Nationality Act;
(ii) an alien is granted asylum under
section 208 of such Act;
(iii) an alien's deportation is
withheld under section 243(h) of such
Act (as in effect immediately before
the effective date of section 307 of
division C of Public Law 104-208) or
section 241(b)(3) of such Act (as
amended by section 305(a) of division C
of Public Law 104-208);
(iv) an alien is granted status as a
Cuban and Haitian entrant (as defined
in section 501(e) of the Refugee
Education Assistance Act of 1980); or
(v) an alien is admitted to the
United States as an Amerasian immigrant
pursuant to section 584 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
1988 (as contained in section 101(e) of
Public Law 100-202 and amended by the
9th proviso under migration and refugee
assistance in title II of the Foreign
Operations, Export Financing, and
Related Programs Appropriations Act,
1989, Public Law 100-461, as amended).
(B) Certain permanent resident aliens.--
Paragraph (1) shall not apply to an alien who--
(i) is lawfully admitted to the
United States for permanent residence
under the Immigration and Nationality
Act; and
(ii)(I) has worked 40 qualifying
quarters of coverage as defined under
title II of the Social Security Act or
can be credited with such qualifying
quarters as provided under section 435,
and (II) in the case of any such
qualifying quarter creditable for any
period beginning after December 31,
1996, did not receive any Federal
means-tested public benefit (as
provided under section 403) during any
such period.
(C) Veteran and active duty exception.--
Paragraph (1) shall not apply to an alien who
is lawfully residing in any State and is--
(i) a veteran (as defined in section
101, 1101, or 1301, or as described in
section 107 of title 38, United States
Code) with a discharge characterized as
an honorable discharge and not on
account of alienage and who fulfills
the minimum active-duty service
requirements of section 5303A(d) of
title 38, United States Code,
(ii) on active duty (other than
active duty for
training) in the Armed Forces of the
United States, or
(iii) the spouse or unmarried
dependent child of an individual
described in clause (i) or (ii) or the
unremarried surviving spouse of an
individual described in clause (i) or
(ii) who is deceased if the marriage
fulfills the requirements of section
1304 of title 38, United States Code.
(D) Transition for aliens currently receiving
benefits.--
(i) SSI.--
(I) In general.--With respect
to the specified Federal
program described in paragraph
(3)(A), during the period
beginning on the date of the
enactment of this Act and
ending on September 30, 1998,
the Commissioner of Social
Security shall redetermine the
eligibility of any individual
who is receiving benefits under
such program as of the date of
the enactment of this Act and
whose eligibility for such
benefits may terminate by
reason of the provisions of
this subsection.
(II) Redetermination
criteria.--With respect to any
redetermination under subclause
(I), the Commissioner of Social
Security shall apply the
eligibility criteria for new
applicants for benefits under
such program.
(III) Grandfather
provision.--The provisions of
this subsection and the
redetermination under subclause
(I), shall only apply with
respect to the benefits of an
individual described in
subclause (I) for months
beginning on or after September
30, 1998.
(IV) Notice.--Not later than
March 31, 1997, the
Commissioner of Social Security
shall notify an individual
described in subclause (I) of
the provisions of this clause.
(ii) Food stamps.--
(I) In general.--With respect
to the specified Federal
program described in paragraph
(3)(B), ineligibility under
paragraph (1) shall not apply
until April 1, 1997, to an
alien who received benefits
under such program on the date
of enactment of this Act,
unless such alien is determined
to be ineligible to receive
such benefits under the Food
Stamp Act of 1977. The State
agency shall recertify the
eligibility of all such aliens
during the period beginning
April 1, 1997, and ending
August 22, 1997.
(II) Recertification
criteria.--With respect to any
recertification under subclause
(I), the State agency shall
apply the eligibility criteria
for applicants for benefits
under such program.
(III) Grandfather
provision.--The provisions of
this subsection and the
recertification under subclause
(I) shall only apply with
respect to the eligibility of
an alien for a program for
months beginning on or after
the date of recertification, if
on the date of enactment of
this Act the alien is lawfully
residing in any State and is
receiving benefits under such
program on such date of
enactment.
(E) Aliens receiving ssi on august 22,
1996.--With respect to eligibility for benefits
for the program defined in paragraph (3)(A)
(relating to the supplemental security income
program), paragraph (1) shall not apply to an
alien who is lawfully residing in the United
States and who was receiving such benefits on
August 22, 1996.
(F) Disabled aliens lawfully residing in the
united states on august 22, 1996.--With respect
to eligibility for benefits for the specified
Federal programs described in paragraph (3),
paragraph (1) shall not apply to an alien who--
(i) in the case of the specified
Federal program described in paragraph
(3)(A)--
(I) was lawfully residing in
the United States on August 22,
1996; and
(II) is blind or disabled (as
defined in paragraph (2) or (3)
of section 1614(a) of the
Social Security Act (42 U.S.C.
1382c(a))); and
(ii) in the case of the specified
Federal program described in paragraph
(3)(B), is receiving benefits or
assistance for blindness or disability
(within the meaning of section 3(j) of
the Food Stamp Act of 1977 (7 U.S.C.
2012(r))).
(G) Exception for certain indians.--With
respect to eligibility for benefits for the
specified Federal programs described in
paragraph (3), section 401(a) and paragraph (1)
shall not apply to any individual--
(i) who is an American Indian born in
Canada to whom the provisions of
section 289 of the Immigration and
Nationality Act (8 U.S.C. 1359) apply;
or
(ii) who is a member of an Indian
tribe (as defined in section 4(e) of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b(e))).
(H) SSI exception for certain recipients on
the basis of very old applications.--With
respect to eligibility for benefits for the
program defined in paragraph (3)(A) (relating
to the supplemental security income program),
paragraph (1) shall not apply to any
individual--
(i) who is receiving benefits under
such program for months after July 1996
on the basis of an application filed
before January 1, 1979; and
(ii) with respect to whom the
Commissioner of Social Security lacks
clear and convincing evidence that such
individual is an alien ineligible for
such benefits as a result of the
application of this section.
(I) Food stamp exception for certain elderly
individuals.--With respect to eligibility for
benefits for the specified Federal program
described in paragraph (3)(B), paragraph (1)
shall not apply to any individual who on August
22, 1996--
(i) was lawfully residing in the
United States; and
(ii) was 65 years of age or older.
(J) Food stamp exception for certain
children.--With respect to eligibility for
benefits for the specified Federal program
described in paragraph (3)(B), paragraph (1)
shall not apply to any individual who is under
18 years of age.
(K) Food stamp exception for certain hmong
and highland laotians.--With respect to
eligibility for benefits for the specified
Federal program described in paragraph (3)(B),
paragraph (1) shall not apply to--
(i) any individual who--
(I) is lawfully residing in
the United States; and
(II) was a member of a Hmong
or Highland Laotian tribe at
the time that the tribe
rendered assistance to United
States personnel by taking part
in a military or rescue
operation during the Vietnam
era (as defined in section 101
of title 38, United States
Code);
(ii) the spouse, or an unmarried
dependent child, of such an individual;
or
(iii) the unremarried surviving
spouse of such an individual who is
deceased.
(L) Food stamp exception for certain
qualified aliens.--With respect to eligibility
for benefits for the specified Federal program
described in paragraph (3)(B), paragraph (1)
shall not apply to any qualified alien who has
resided in the United States with a status
within the meaning of the term ``qualified
alien'' for a period of 5 years or more
beginning on the date of the alien's entry into
the United States.
(M) SSI extensions through fiscal year
2011.--
(i) Two-year extension for certain
aliens and victims of trafficking.--
(I) In general.--Subject to
clause (ii), with respect to
eligibility for benefits under
subparagraph (A) for the
specified Federal program
described in paragraph (3)(A)
of qualified aliens (as defined
in section 431(b)) and victims
of trafficking in persons (as
defined in section 107(b)(1)(C)
of division A of the Victims of
Trafficking and Violence
Protection Act of 2000 (Public
Law 106-386) or as granted
status under section
101(a)(15)(T)(ii) of the
Immigration and Nationality
Act), the 7-year period
described in subparagraph (A)
shall be deemed to be a 9-year
period during fiscal years 2009
through 2011 in the case of
such a qualified alien or
victim of trafficking who
furnishes to the Commissioner
of Social Security the
declaration required under
subclause (IV) (if applicable)
and is described in subclause
(III).
(II) Aliens and victims whose
benefits ceased in prior fiscal
years.--Subject to clause (ii),
beginning on the date of the
enactment of the SSI Extension
for Elderly and Disabled
Refugees Act, any qualified
alien (as defined in section
431(b)) or victim of
trafficking in persons (as
defined in section 107(b)(1)(C)
of division A of the Victims of
Trafficking and Violence
Protection Act of 2000 (Public
Law 106-386) or as granted
status under section
101(a)(15)(T)(ii) of the
Immigration and Nationality
Act) rendered ineligible for
the specified Federal program
described in paragraph (3)(A)
during the period beginning on
August 22, 1996, and ending on
September 30, 2008, solely by
reason of the termination of
the 7-year period described in
subparagraph (A) shall be
eligible for such program for
an additional 2-year period in
accordance with this clause, if
such qualified alien or victim
of trafficking meets all other
eligibility factors under title
XVI of the Social Security Act,
furnishes to the Commissioner
of Social Security the
declaration required under
subclause (IV) (if applicable),
and is described in subclause
(III).
(III) Aliens and victims
described.--For purposes of
subclauses (I) and (II), a
qualified alien or victim of
trafficking described in this
subclause is an alien or victim
who--
(aa) has been a
lawful permanent
resident for less than
6 years and such status
has not been abandoned,
rescinded under section
246 of the Immigration
and Nationality Act, or
terminated through
removal proceedings
under section 240 of
the Immigration and
Nationality Act, and
the Commissioner of
Social Security has
verified such status,
through procedures
established in
consultation with the
Secretary of Homeland
Security;
(bb) has filed an
application, within 4
years from the date the
alien or victim began
receiving supplemental
security income
benefits, to become a
lawful permanent
resident with the
Secretary of Homeland
Security, and the
Commissioner of Social
Security has verified,
through procedures
established in
consultation with such
Secretary, that such
application is pending;
(cc) has been granted
the status of Cuban and
Haitian entrant, as
defined in section
501(e) of the Refugee
Education Assistance
Act of 1980 (Public Law
96-422), for purposes
of the specified
Federal program
described in paragraph
(3)(A);
(dd) has had his or
her deportation
withheld by the
Secretary of Homeland
Security under section
243(h) of the
Immigration and
Nationality Act (as in
effect immediately
before the effective
date of section 307 of
division C of Public
Law 104-208), or whose
removal is withheld
under section 241(b)(3)
of such Act;
(ee) has not attained
age 18; or
(ff) has attained age
70.
(IV) Declaration required.--
(aa) In general.--For
purposes of subclauses
(I) and (II), the
declaration required
under this subclause of
a qualified alien or
victim of trafficking
described in either
such subclause is a
declaration under
penalty of perjury
stating that the alien
or victim has made a
good faith effort to
pursue United States
citizenship, as
determined by the
Secretary of Homeland
Security. The
Commissioner of Social
Security shall develop
criteria as needed, in
consultation with the
Secretary of Homeland
Security, for
consideration of such
declarations.
(bb) Exception for
children.--A qualified
alien or victim of
trafficking described
in subclause (I) or
(II) who has not
attained age 18 shall
not be required to
furnish to the
Commissioner of Social
Security a declaration
described in item (aa)
as a condition of being
eligible for the
specified Federal
program described in
paragraph (3)(A) for an
additional 2-year
period in accordance
with this clause.
(V) Payment of benefits to
aliens whose benefits ceased in
prior fiscal years.--Benefits
paid to a qualified alien or
victim described in subclause
(II) shall be paid
prospectively over the duration
of the qualified alien's or
victim's renewed eligibility.
(ii) Special rule in case of pending
or approved naturalization
application.--With respect to
eligibility for benefits for the
specified program described in
paragraph (3)(A), paragraph (1) shall
not apply during fiscal years 2009
through 2011 to an alien described in
one of clauses (i) through (v) of
subparagraph (A) or a victim of
trafficking in persons (as defined in
section 107(b)(1)(C) of division A of
the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-
386) or as granted status under section
101(a)(15)(T)(ii) of the Immigration
and Nationality Act), if such alien or
victim (including any such alien or
victim rendered ineligible for the
specified Federal program described in
paragraph (3)(A) during the period
beginning on August 22, 1996, and
ending on September 30, 2008, solely by
reason of the termination of the 7-year
period described in subparagraph (A))
has filed an application for
naturalization that is pending before
the Secretary of Homeland Security or a
United States district court based on
section 336(b) of the Immigration and
Nationality Act, or has been approved
for naturalization but not yet sworn in
as a United States citizen, and the
Commissioner of Social Security has
verified, through procedures
established in consultation with the
Secretary of Homeland Security, that
such application is pending or has been
approved.
(N) Exception for citizens of freely
associated states.--With respect to eligibility
for benefits for any specified Federal program,
paragraph (1) shall not apply to any individual
who lawfully resides in the United States in
accordance with section 141 of the Compacts of
Free Association between the Government of the
United States and the Governments of the
Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of
Palau.
(3) Specified federal program defined.--For purposes
of this title, the term ``specified Federal program''
means any of the following:
(A) SSI.--The supplemental security income
program under title XVI of the Social Security
Act, including supplementary payments pursuant
to an agreement for Federal administration
under section 1616(a) of the Social Security
Act and payments pursuant to an agreement
entered into under section 212(b) of Public Law
93-66.
(B) Food stamps.--The food stamp program as
defined in section 3(l) of the Food Stamp Act
of 1977.
(b) Limited Eligibility for Designated Federal
Programs.--
(1) In general.--Notwithstanding any other provision
of law and except as provided in section 403 and
paragraph (2), a State is authorized to determine the
eligibility of an alien who is a qualified alien (as
defined in section 431) for any designated Federal
program (as defined in paragraph (3)).
(2) Exceptions.--Qualified aliens under this
paragraph shall be eligible for any designated Federal
program.
(A) Time-limited exception for refugees and
asylees.--
(i) Medicaid.--With respect to the
designated Federal program described in
paragraph (3)(C), paragraph (1) shall
not apply to an alien until 7 years
after the date--
(I) an alien is admitted to
the United States as a refugee
under section 207 of the
Immigration and Nationality
Act;
(II) an alien is granted
asylum under section 208 of
such Act;
(III) an alien's deportation
is withheld under section
243(h) of such Act (as in
effect immediately before the
effective date of section 307
of division C of Public Law
104-208) or section 241(b)(3)
of such Act (as amended by
section 305(a) of division C of
Public Law 104-208);
(IV) an alien is granted
status as a Cuban and Haitian
entrant (as defined in section
501(e) of the Refugee Education
Assistance Act of 1980); or
(V) an alien admitted to the United
States as an Amerasian immigrant as
described in subsection (a)(2)(A)(i)(V)
until 5 years after the date of such
alien's entry into the United States.
(ii) Other designated federal
programs.--With respect to the
designated Federal programs under
paragraph (3) (other than subparagraph
(C)), paragraph (1) shall not apply to
an alien until 5 years after the date--
(I) an alien is admitted to
the United States as a refugee
under section 207 of the
Immigration and Nationality
Act;
(II) an alien is granted
asylum under section 208 of
such Act;
(III) an alien's deportation
is withheld under section
243(h) of such Act;
(IV) an alien is granted
status as a Cuban and Haitian
entrant (as defined in section
501(e) of the Refugee Education
Assistance Act of 1980); or
(V) an alien admitted to the United
States as an Amerasian immigrant as
described in subsection (a)(2)(A)(i)(V)
until 5 years after the date of such
alien's entry into the United States.
(B) Certain permanent resident aliens.--An
alien who--
(i) is lawfully admitted to the
United States for permanent residence
under the Immigration and Nationality
Act; and
(ii)(I) has worked 40 qualifying
quarters of coverage as defined under
title II of the Social Security Act or
can be credited with such qualifying
quarters as provided under section 435,
and (II) in the case of any such
qualifying quarter creditable for any
period beginning after December 31,
1996, did not receive any Federal
means-tested public benefit (as
provided under section 403) during any
such period.
(C) Veteran and active duty exception.--An
alien who is lawfully residing in any State and
is--
(i) a veteran (as defined in section
101, 1101, or 1301, or as described in
section 107 of title 38, United States
Code) with a discharge characterized as
an honorable discharge and not on
account of alienage and who fulfills
the minimum active-duty service
requirements of section 5303A(d) of
title 38, United States Code,
(ii) on active duty (other than
active duty for
training) in the Armed Forces of the
United States, or
(iii) the spouse or unmarried
dependent child of an individual
described in clause (i) or (ii) or the
unremarried surviving spouse of an
individual described in clause (i) or
(ii) who is deceased if the marriage
fulfills the requirements of section
1304 of title 38, United States Code.
(D) Transition for those currently receiving
benefits.--An alien who on the date of the
enactment of this Act is lawfully residing in
any State and is receiving benefits under such
program on the date of the enactment of this
Act shall continue to be eligible to receive
such benefits until January 1, 1997.
(E) Medicaid exception for certain indians.--
With respect to eligibility for benefits for
the program defined in paragraph (3)(C)
(relating to the medicaid program), section
401(a) and paragraph (1) shall not apply to any
individual described in subsection (a)(2)(G).
(F) Medicaid exception for aliens receiving
ssi.--An alien who is receiving benefits under
the program defined in subsection (a)(3)(A)
(relating to the supplemental security income
program) shall be eligible for medical
assistance under a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et
seq.) under the same terms and conditions that
apply to other recipients of benefits under the
program defined in such subsection.
(G) [Medicaid exception for] Exception for
citizens of freely associated states.--With
respect to eligibility for benefits for [the
designated Federal program defined in paragraph
(3)(C) (relating to the Medicaid program)] any
designated Federal program, paragraph (1) shall
not apply to any individual who lawfully
resides in 1 of the 50 States or the District
of Columbia in accordance with the Compacts of
Free Association between the Government of the
United States and the Governments of the
Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau
and shall not apply, at the option of the
Governor of Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, or American
Samoa as communicated to the Secretary of
Health and Human Services in writing, to any
individual who lawfully resides in the
respective territory in accordance with such
Compacts.
(3) Designated federal program defined.--For purposes
of this title, the term ``designated Federal program''
means any of the following:
(A) Temporary assistance for needy
families.--The program of block grants to
States for temporary assistance for needy
families under part A of title IV of the Social
Security Act.
(B) Social services block grant.--The program
of block grants to States for social services
under title XX of the Social Security Act.
(C) Medicaid.--A State plan approved under
title XIX of the Social Security Act, other
than medical assistance described in section
401(b)(1)(A).
SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL
MEANS-TESTED PUBLIC BENEFIT.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsections (b), (c), and (d), an
alien who is a qualified alien (as defined in section 431) and
who enters the United States on or after the date of the
enactment of this Act is not eligible for any Federal means-
tested public benefit for a period of 5 years beginning on the
date of the alien's entry into the United States with a status
within the meaning of the term ``qualified alien''.
(b) Exceptions.--The limitation under subsection (a) shall
not apply to the following aliens:
(1) Exception for refugees and asylees.--
(A) An alien who is admitted to the United
States as a refugee under section 207 of the
Immigration and Nationality Act.
(B) An alien who is granted asylum under
section 208 of such Act.
(C) An alien whose deportation is being
withheld under section 243(h) of such Act (as
in effect immediately before the effective date
of section 307 of division C of Public Law 104-
208) or section 241(b)(3) of such Act (as
amended by section 305(a) of division C of
Public Law 104-208).
(D) An alien who is a Cuban and Haitian
entrant as defined in section 501(e) of the
Refugee Education Assistance Act of 1980.
(E) An alien admitted to the United States as
an Amerasian immigrant as described in section
402(a)(2)(A)(i)(V).
(2) Veteran and active duty exception.--An alien who
is lawfully residing in any State and is--
(A) a veteran (as defined in section 101,
1101, or 1301, or as described in section 107
of title 38, United States Code) with a
discharge characterized as an honorable
discharge and not on account of alienage and
who fulfills the minimum active-duty service
requirements of section 5303A(d) of title 38,
United States Code,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent child
of an individual described in subparagraph (A)
or (B) or the unremarried surviving spouse of
an individual described in clause (i) or (ii)
who is deceased if the marriage fulfills the
requirements of section 1304 of title 38,
United States Code.
(3) Exception for citizens of freely associated
states.--An individual described in section
402(b)(2)(G)[, but only with respect to the designated
Federal program defined in section 402(b)(3)(C)].
(c) Application of Term Federal Means-tested Public
Benefit.--
(1) The limitation under subsection (a) shall not
apply to assistance or benefits under paragraph (2).
(2) Assistance and benefits under this paragraph are
as follows:
(A) Medical assistance described in section
401(b)(1)(A).
(B) Short-term, non-cash, in-kind emergency
disaster relief.
(C) Assistance or benefits under the Richard
B. Russell National School Lunch Act.
(D) Assistance or benefits under the Child
Nutrition Act of 1966.
(E) Public health assistance (not including
any assistance under title XIX of the Social
Security Act) for immunizations with respect to
immunizable diseases and for testing and
treatment of symptoms of communicable diseases
whether or not such symptoms are caused by a
communicable disease.
(F) Payments for foster care and adoption
assistance under parts B and E of title IV of
the Social Security Act for a parent or a child
who would, in the absence of subsection (a), be
eligible to have such payments made on the
child's behalf under such part, but only if the
foster or adoptive parent (or parents) of such
child is a qualified alien (as defined in
section 431).
(G) Programs, services, or assistance (such
as soup kitchens, crisis counseling and
intervention, and short-term shelter) specified
by the Attorney General, in the Attorney
General's sole and unreviewable discretion
after consultation with appropriate Federal
agencies and departments, which (i) deliver in-
kind services at the community level, including
through public or private nonprofit agencies;
(ii) do not condition the provision of
assistance, the amount of assistance provided,
or the cost of assistance provided on the
individual recipient's income or resources; and
(iii) are necessary for the protection of life
or safety.
(H) Programs of student assistance under
titles IV, V, IX, and X of the Higher Education
Act of 1965, and titles III, VII, and VIII of
the Public Health Service Act.
(I) Means-tested programs under the
Elementary and Secondary Education Act of 1965.
(J) Benefits under the Head Start Act.
(K) Benefits under the title I of the
Workforce Investment Act of 1998.
(L) Assistance or benefits provided to
individuals under the age of 18 under the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(d) Benefits for Certain Groups.--Notwithstanding any other
provision of law, the limitations under section 401(a) and
subsection (a) shall not apply to--
(1) an individual described in section 402(a)(2)(G),
but only with respect to the programs specified in
subsections (a)(3) and (b)(3)(C) of section 402; or
(2) an individual, spouse, or dependent described in
section 402(a)(2)(K), but only with respect to the
specified Federal program described in section
402(a)(3)(B).
* * * * * * *
Subtitle D--General Provisions
SEC. 431. DEFINITIONS.
(a) In General.--Except as otherwise provided in this title,
the terms used in this title have the same meaning given such
terms in section 101(a) of the Immigration and Nationality Act.
(b) Qualified Alien.--For purposes of this title, the term
``qualified alien'' means an alien who, at the time the alien
applies for, receives, or attempts to receive a Federal public
benefit, is--
(1) an alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208
of such Act,
(3) a refugee who is admitted to the United States
under section 207 of such Act,
(4) an alien who is paroled into the United States
under section 212(d)(5) of such Act for a period of at
least 1 year,
(5) an alien whose deportation is being withheld
under section 243(h) of such Act (as in effect
immediately before the effective date of section 307 of
division C of Public Law 104-208) or section 241(b)(3)
of such Act (as amended by section 305(a) of division C
of Public Law 104-208),
(6) an alien who is granted conditional entry
pursuant to section 203(a)(7) of such Act as in effect
prior to April 1, 1980,
(7) an alien who is a Cuban and Haitian entrant (as
defined in section 501(e) of the Refugee Education
Assistance Act of 1980), or
(8) an individual who lawfully resides in the United
States in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G)[, but only with
respect to the designated Federal program defined in
section 402(b)(3)(C) (relating to the Medicaid
program)].
(c) Treatment of Certain Battered Aliens as Qualified
Aliens.--For purposes of this title, the term ``qualified
alien'' includes--
(1) an alien who--
(A) has been battered or subjected to extreme
cruelty in the United States by a spouse or a
parent, or by a member of the spouse or
parent's family residing in the same household
as the alien and the spouse or parent consented
to, or acquiesced in, such battery or cruelty,
but only if (in the opinion of the agency
providing such benefits) there is a substantial
connection between such battery or cruelty and
the need for the benefits to be provided; and
(B) has been approved or has a petition
pending which sets forth a prima facie case
for--
(i) status as a spouse or a child of
a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and
Nationality Act,
(ii) classification pursuant to
clause (ii) or (iii) of section
204(a)(1)(B) of the Act (as in effect
prior to April 1, 1997),
(iii) suspension of deportation under
section 244(a)(3) of the Immigration
and Nationality Act (as in effect
before the title III-A effective date
in section 309 of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996).
(iv) status as a spouse or child of a
United States citizen pursuant to
clause (i) of section 204(a)(1)(A) of
such Act, or classification pursuant to
clause (i) of section 204(a)(1)(B) of
such Act;
(v) cancellation of removal pursuant
to section 240A(b)(2) of such Act;
(2) an alien--
(A) whose child has been battered or
subjected to extreme cruelty in the United
States by a spouse or a parent of the alien
(without the active participation of the alien
in the battery or cruelty), or by a member of
the spouse or parent's family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, and the alien did not actively
participate in such battery or cruelty, but
only if (in the opinion of the agency providing
such benefits) there is a substantial
connection between such battery or cruelty and
the need for the benefits to be provided; and
(B) who meets the requirement of subparagraph
(B) of paragraph (1);
(3) an alien child who--
(A) resides in the same household as a parent
who has been battered or subjected to extreme
cruelty in the United States by that parent's
spouse or by a member of the spouse's family
residing in the same household as the parent
and the spouse consented or acquiesced to such
battery or cruelty, but only if (in the opinion
of the agency providing such benefits) there is
a substantial connection between such battery
or cruelty and the need for the benefits to be
provided; and
(B) who meets the requirement of subparagraph
(B) of paragraph (1); or
(4) an alien who has been granted nonimmigrant status
under section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)) or who has a
pending application that sets forth a prima facie case
for eligibility for such nonimmigrant status.
This subsection shall not apply to an alien during any period
in which the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as the
individual subjected to such battery or cruelty.
After consultation with the Secretaries of Health and Human
Services, Agriculture, and Housing and Urban Development, the
Commissioner of Social Security, and with the heads of such
Federal agencies administering benefits as the Attorney General
considers appropriate, the Attorney General shall issue
guidance (in the Attorney General's sole and unreviewable
discretion) for purposes of this subsection and section 421(f),
concerning the meaning of the terms ``battery'' and ``extreme
cruelty'', and the standards and methods to be used for
determining whether a substantial connection exists between
battery or cruelty suffered and an individual's need for
benefits under a specific Federal, State, or local program.
* * * * * * *
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PUBLIC HEALTH SERVICE ACT
TITLE I--SHORT TITLE AND DEFINITIONS
* * * * * * *
definitions
Sec. 2. When used in this Act--
(a) The term ``Service'' means the Public Health Service;
(b) The term ``Surgeon General'' means the Surgeon General of
the Public Health Service;
(c) Unless the context otherwise requires, the term
``Secretary'' means the Secretary of Health and Human Services;
(d) The term ``regulations'', except when otherwise
specified, means rules and regulations made by the Surgeon
General with the approval of the Secretary;
(e) The term ``executive department'' means any executive
department, agency, or independent establishment of the United
States or any corporation wholly owned by the United States;
(f) Except as provided in sections 314(g)(4)(B), 318(c)(1),
331(h)(3), 355(5), 361(d), 701(9), 1002(c), 1401(13), and
1531(1), the term ``State'' includes, in addition to the
several States, only the District of Columbia, Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, [and the Trust Territory of the
Pacific Islands] the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(g) The term ``possession'' includes, among other
possessions, Puerto Rico and the Virgin Islands;
(i) The term ``vessel'' includes every description of
watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on water, exclusive of
aircraft and amphibious contrivances;
(j) The term ``habit-forming narcotic drug'' or ``narcotic''
means opium and coca leaves and the several alkaloids derived
therefrom, the best known of these alkaloids being morphia,
heroin, and codeine, obtained from opium, and cocaine derived
from the coca plant; all compounds, salts, preparations, or
other derivatives obtained either from the raw material or from
the various alkaloids; Indian hemp and its various derivatives,
compounds, and preparations, and peyote in its various forms;
isonipecaine and its derivatives, compounds, salts and
preparations; opiates (as defined in section 3228(f) of the
Internal Revenue Code);
(k) The term ``addict'' means any person who habitually uses
any habit-forming narcotic drugs so as to endanger the public
morals, health, safety, or welfare, or who is or has been so
far addicted to the use of such habit-forming narcotic drugs as
to have lost the power of self-control with reference to his
addiction;
(l) The term ``psychiatric disorders'' includes diseases of
the nervous system which affect mental health;
(m) The term ``State mental health authority'' means the
State health authority, except that, in the case of any State
in which there is a single State agency, other than the State
health authority, charged with responsibility for administering
the mental health program of the State, it means such other
State agency;
(n) The term ``heart diseases'' means diseases of the heart
and circulation;
(o) The term ``dental diseases and conditions'' means
diseases and conditions affecting teeth and their supporting
structures, and other related diseases of the mouth;
(p) The term ``uniformed service'' means the Army, Navy, Air
Force, Marine Corps, Coast Guard, Public Health Service, or
Coast and Geodetic Survey; and
(q) The term ``drug dependent person'' means a person who is
using a controlled substance (as defined in section 102 of the
Controlled Substances Act) and who is in a state of psychic or
physical dependence, or both, arising from the use of that
substance on a continuous basis. Drug dependence is
characterized by behavioral and other responses which include a
strong compulsion to take the substance on a continuous basis
in order to experience its psychic effects or to avoid the
discomfort caused by its absence.
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