[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4097 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4097
To direct the Secretary of Education to establish a Family Education
Reimbursement Account Program to assist hurricane displaced students
during the 2005-2006 school year, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 20, 2005
Mr. Boehner (for himself, Mr. Blunt, Mr. Jindal, Mr. Sam Johnson of
Texas, Mr. Wilson of South Carolina, Mr. Kline, Mrs. Musgrave, Miss
McMorris, Mr. Marchant, Mr. Fortuno, Mr. Boustany, Ms. Foxx, Mrs.
Drake, Mr. Bartlett of Maryland, Mr. Hoekstra, Mr. Weldon of Florida,
Mr. Wicker, Mr. Brady of Texas, Mr. Pitts, Mr. Sessions, Mr. Culberson,
Mr. Burgess, Mr. Cole of Oklahoma, Mr. Franks of Arizona, Mr. Gingrey,
Mr. McHenry, Mr. Poe, and Mr. DeLay) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to establish a Family Education
Reimbursement Account Program to assist hurricane displaced students
during the 2005-2006 school year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Education Reimbursement Act
of 2005''.
SEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS.
(a) Establishment.--The Secretary of Education, in consultation
with the Secretary of Health and Human Services, shall--
(1) establish a Family Education Reimbursement Account
Program under which, at the direction of the parent of each
displaced student who signs up under subsection (d), the
Secretary provides reimbursement to enable the student or
preschool-age child to attend the school or preschool program
of his or her parent's choice during the 2005-2006 school year;
(2) of the amount available to carry out this section for
fiscal year 2006, use not more than one third of one percent of
such amount for administrative expenses, including outreach,
support services, and dissemination of information; and
(3) contract with a nongovernmental entity to administer
and operate the program.
(b) Reimbursement.--
(1) In general.--In carrying out this section, the
Secretary--
(A) shall allow the parent of the participating
displaced student to select the school or preschool
program to be attended by the student during the 2005-
2006 school year;
(B) at the direction of the parent, shall provide
reimbursement to that school or preschool program on a
quarterly basis; and
(C) in the case of a public school, may provide
such reimbursement to the appropriate local fiscal
agent for the school.
(2) Amount.--In providing reimbursement under paragraph
(1), the Secretary shall--
(A) determine the amount of reimbursement to a
school or preschool program based on the number of
weeks during which the participating displaced student
attended the school or preschool program during the
preceding quarter;
(B) subject to subparagraph (C), provide the same
amount of reimbursement to each school and preschool
program for each week of attendance by one
participating displaced student;
(C) not provide reimbursement that exceeds the
actual cost of the school for educating students, or
the actual cost of the preschool program, for the same
period for students who are not displaced students;
(D) not provide reimbursement of more than $6,700
on behalf of any student for the 2005-2006 school year;
and
(E) discontinue reimbursement once a displaced
student returns to the school he or she attended prior
to August 29, 2005.
(3) Use of funds.--The Secretary may provide reimbursement
under paragraph (1) on behalf of a displaced student only if
the school or preschool program involved agrees--
(A) to use the reimbursement for providing
educational and other services to the displaced
student; and
(B) not to use the reimbursement for the
construction or renovation of facilities.
(c) Accounting of Funds.--The Secretary shall provide an
appropriate accounting of funds for each school or program that
receives a payment on behalf of one or more participating displaced
students under this section.
(d) Registration.--
(1) In general.--To seek to participate in the program
under this section, the parent of a displaced student shall
sign up by means of the Internet site, toll-free telephone
number, or paper form developed under subsection (e).
(2) Account numbers.--Upon completion of registration for
the program under this section--
(A) the displaced student shall be assigned an
account number; and
(B) the account number shall be made available to
the parent of the student.
(3) Families.--If a parent has more than one child who is a
displaced student--
(A) the parent shall be allowed to register each
child under this subsection at the same time; and
(B) the same account number under paragraph (2)
shall be provided to each child.
(e) FERA System Development and Establishment.--
(1) In general.--The Secretary shall develop and implement
a web-based system--
(A) to support the registration in the program
under this section of displaced students by means of an
Internet site, toll-free telephone number, or paper
form; and
(B) to facilitate the timely payment of funds from
the accounts of families participating in the program
under this section to the school or preschool program
authorized to be reimbursed for educational and other
services rendered.
(2) System requirements.--
(A) Internet site; toll-free telephone number;
paper form.--The Internet site and toll-free telephone
number developed pursuant to paragraph (1)--
(i) shall be integrated with each other;
(ii) shall, with respect to the toll-free
telephone number, not be fully automated;
(iii) shall be operational not later than 2
weeks after the date of the enactment of this
section;
(iv) shall include privacy controls,
consistent with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g);
(v) shall be accessible to participating
displaced students and their parents for the
purpose of determining--
(I) the amount expended under this
section on the student's behalf to
date; and
(II) the amount remaining for
expenditure under this section on the
student's behalf;
(vi) shall be accessible to schools and
preschool programs for the purpose of
facilitating reimbursement under subsection
(b);
(vii) shall support non-English speaking
parents by providing information and
registration in an understandable and uniform
format and, to the extent practicable, in a
language the parents can understand;
(viii) may use existing Federal grant
management and electronic payment systems;
(ix) shall include information technology
and other controls necessary to prevent fraud
and overpayment, including mechanisms to
validate family and school information; and
(x) shall provide technical support
services (including support for registration
and processing of accounts) to the families of
participating displaced students and the
schools and preschool programs in which the
students are enrolled.
(B) Payment system.--The Secretary shall ensure
that--
(i) the payment system required to carry
out this section is operational not later than
4 weeks after the date of the enactment of this
section; and
(ii) the first disbursements under this
section are made not later than 5 weeks after
the date of the enactment of this section.
(3) Contractor requirements.--The Secretary shall award the
contract required by subsection (a)(3) to a nongovernmental
entity that--
(A) has experience meeting the requirements
described in paragraph (2)(A);
(B) demonstrates expertise in the development and
operation of information technology infrastructures,
including the manufacture and supply of hardware and
software, information management, electronic fund
transfer payment systems, and customer relations
management and outreach;
(C) demonstrates significant experience in the
development, implementation, and technical support for
payment management systems operated by agencies of the
Federal Government, including the Department of
Education and the Department of Health and Human
Services; and
(D) is based, and operates help desk services, in
the United States.
(f) Transferring Students.--
(1) In general.--Subject to paragraph (2), the Secretary
shall continue to provide reimbursement under this section on
behalf of a participating displaced student who transfers to
one or more schools or preschool programs during the 2005-2006
school year.
(2) Exception.--The Secretary shall not provide
reimbursement under this section on behalf of a participating
displaced student with respect to any school or preschool
program which the student attends for less than 2 consecutive
weeks during the 2005-2006 school year.
(g) Additional Amount for Administrative Expenses.--In providing
reimbursement to an entity under this section--
(1) the Secretary shall include an additional amount equal
to 1 percent of the total amount of such reimbursement to the
entity for the purpose of defraying administrative expenses;
(2) such additional amount shall not be counted for
purposes of the maximum reimbursement amount specified in
subsections (b)(2)(C) and (b)(2)(D); and
(3) of the amount specified in subsections (b)(2)(C) and
(b)(2)(D), 100 percent of such amount shall be made available
to the school or preschool program.
(h) Procurement.--For purposes of the contract required by
subsection (a)(3), the following provisions of Federal acquisition law
shall not apply:
(1) Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.).
(2) The Office of Federal Procurement Policy Act (41 U.S.C.
403 et seq.).
(3) The Federal Acquisition Streamlining Act of 1994
(Public Law 103-355).
(4) The Competition in Contracting Act.
(5) Subchapter V of chapter 35 of title 31, relating to the
procurement protest system.
(6) The Federal Acquisition Regulation and any laws not
listed in paragraphs (1) through (5) providing authority to
promulgate regulations in the Federal Acquisition Regulation.
(i) Audit.--The Secretary may provide reimbursement under this
section to a school or program on behalf of a displaced student only if
the school or program agrees to allow the Secretary to conduct an audit
to review and verify that the school or program is using the
reimbursement in accordance with subsection (b)(3).
(j) Nondiscrimination.--
(1) In general.--The Secretary may provide reimbursement
under this section to a school or preschool program only if the
school or program agrees not to discriminate against
participating displaced students (including applicants) on the
basis of race, color, national origin, religion, or sex.
(2) Applicability and single sex schools, classes, or
activities.--
(A) In general.--Notwithstanding any other
provision of law, the prohibition of sex discrimination
in paragraph (1) shall not apply to a school or
preschool program that is operated by, supervised by,
controlled by, or connected to a religious organization
to the extent that the application of paragraph (1) is
inconsistent with the religious tenets or beliefs of
the school or program.
(B) Single sex schools, classes, or activities.--
Notwithstanding paragraph (1) or any other provision of
law, a parent may choose and a school may offer a
single sex school, class, or activity.
(3) Children with disabilities.--Nothing in this section
may be construed to alter or modify the provisions of the
Individuals with Disabilities Education Act.
(4) Religiously affiliated schools.--
(A) In general.--Notwithstanding any other
provision of law, a school or preschool program
receiving reimbursement under this section that is
operated by, supervised by, controlled by, or connected
to, a religious organization may exercise its right in
matters of employment consistent with title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.),
including the exemptions in such title.
(B) Maintenance of purpose.--Notwithstanding any
other provision of law, funds made available under this
section on behalf of participating displaced students
that are received by a school or preschool program, as
a result of their parents' choice, shall not,
consistent with the first amendment of the United
States Constitution, necessitate any change in the
school or program's teaching mission, require any
school or program to remove religious art, icons,
scriptures, or other symbols, or preclude any school or
program from retaining religious terms in its name,
selecting its board members on a religious basis, or
including religious references in its mission
statements and other chartering or governing documents.
(5) Rule of construction.--Reimbursement (or any other form
of support provided on behalf of participating displaced
students) under this section shall be considered assistance to
the student and shall not be considered assistance to the
school or preschool program that enrolls the student.
(k) Reports.--At the end of each quarter described in subsection
(b)(2)(A), the Secretary shall submit a report to the appropriate
committees of the Congress describing the implementation and results of
the program under this section. Such report shall--
(1) specify the number of children served, the percentage
of funds used on instructional activities, and the percentage
of funds used for supplemental educational services; and
(2) include information on the mobility of displaced
students.
(l) Definitions.--In this section:
(1) The term ``displaced student'' means a student who is
at least 4 years old, has not completed 12th grade, and would
have attended another school or preschool program during the
2005-2006 school year, but for the fact that--
(A) the school, the program, or the surrounding
area was damaged by a Gulf hurricane disaster; and
(B) the school or program could not reopen shortly
after the disaster.
(2) The term ``Gulf hurricane disaster'' means a major
disaster that was declared to exist by the President, in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170), and was
caused by Hurricane Katrina or Hurricane Rita.
(3) The term ``parent'' has the meaning given to that term
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(4) The term ``participating displaced student'' means a
displaced student participating in the program under this
section.
(5) The term ``preschool program'' means a public or
private program serving 4 or 5 year old children, including any
such Head Start program, that is in compliance with applicable
State health and safety requirements.
(6) The term ``school'' means a public or private
elementary school or secondary school (as those terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)), including a religious
elementary school or secondary school, that was legally
operating in the State involved before September 1, 2005.
(7) The term ``Secretary'' means the Secretary of
Education, in consultation with the Secretary of Health and
Human Services.
(m) Funding.--
(1) In general.--Out of funds not otherwise appropriated,
there is hereby appropriated to the Secretary of Education, to
carry out this section, $2,500,000,000, to remain available
through the period ending on July 31, 2006. Any such funds that
are not obligated by the end of such period shall revert to the
Treasury.
(2) Contributions.--Under such terms and conditions as the
Secretary may impose, the Secretary may, for the purpose of
carrying out this section, accept and use such amounts as may
be contributed by individuals, business concerns, or other
entities for such purpose.
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