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108hr5398ih | (IV) A transfer to the Pension Benefit Guaranty Corporation in accordance with section 4050(d) or 4050(e) (as applicable) of the Employee Retirement Income Security Act of 1974. (V) Any other treatment permitted under rules prescribed by the Secretary. (2) Treatment of transfers to Pension Benefit Guaranty Corporation ... |
108hr5398ih | (B) Distributions from pbgc
Except as provided in rules prescribed by the Secretary, amounts distributed by the Pension Benefit Guaranty Corporation shall be treated as distributed by an individual retirement plan under section 408(d) (without regard to paragraphs (4), (5) and (7) thereof). Rules similar to the rules ... |
108hr5398ih | (3) Definitions
For purposes of this subsection— (A) Unclaimed benefit
The term unclaimed benefit means— (i) any benefit of a participant or beneficiary which is distributable under the terms of the plan to the participant or beneficiary, if the distribution of the benefit has not commenced within 1 year after the la... |
108hr5398ih | or (iii) any benefit to which section 401(a)(31)(B) applies or would apply if subclause (I) of section 401(a)(31)(B)(i) did not require the distribution to exceed $1,000. A benefit otherwise described in clause (i) shall not be treated as an unclaimed benefit under clause (i) if the participant or beneficiary elects no... |
108hr5398ih | If the participant or beneficiary fails to make such an election within a reasonable period specified in the notice, any subsequent election shall not be given effect and the benefit shall be treated as an unclaimed benefit. A notice mailed to the last known address of the participant or beneficiary shall be treated as... |
108hr5398ih | (D) Missing participant
The term missing participant shall have the meaning given to such term by section 4050(b)(1) of the Employee Retirement Income Security Act of 1974.. (c) Conforming amendment
Subparagraph (B) of section 401(a)(31) of such Code is amended by adding at the end the following: (iii) Other permitte... |
108hr5398ih | Income averaging of corrected civil service annuity benefit payments
(a) In general
Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by inserting after section 1301 the following new section: 1302. |
108hr5398ih | Averaging of corrected civil service annuity benefit payments
(a) In general
Unless the taxpayer elects not to have this section apply for a taxable year, any corrected civil service annuity benefit payment includable in gross income for such taxable year (without regard to this section) shall be so included ratably ... |
108hr5398ih | the term corrected civil service annuity benefit payment means with respect to an individual the sum of— (1) the lump sum payment awarded by reason of a court order, or decision of the Merit Systems Protection Board, under which the individual is entitled to receive an amount equal to all or any part of an annuity not ... |
108hr5398ih | plus (2) interest on the amount described in paragraph (1) awarded under section 7704 of title 5, United States Code. (c) Annuity
For purposes of subsection (b), the term annuity has the meaning given to such term by section 7704(c) of title 5, United States Code. |
108hr5398ih | (d) Finality of election
An election under subsection (a) with respect to a corrected civil service annuity benefit payment for a taxable year may not be changed after the due date of the return for such taxable year.. (b) Clerical amendment
The table of sections for part I of subchapter Q of chapter 1 of such Code i... |
108hr5398ih | (c) Effective date
The amendments made by this section shall apply to payments received after December 31, 2004. 1302. Averaging of corrected civil service annuity benefit payments
(a) In general
Unless the taxpayer elects not to have this section apply for a taxable year, any corrected civil service annuity benefit... |
108hr5398ih | the term corrected civil service annuity benefit payment means with respect to an individual the sum of— (1) the lump sum payment awarded by reason of a court order, or decision of the Merit Systems Protection Board, under which the individual is entitled to receive an amount equal to all or any part of an annuity not ... |
108hr5398ih | plus (2) interest on the amount described in paragraph (1) awarded under section 7704 of title 5, United States Code. (c) Annuity
For purposes of subsection (b), the term annuity has the meaning given to such term by section 7704(c) of title 5, United States Code. (d) Finality of election
An election under subsection... |
108hr5398ih | Prohibited transaction exemption for the provision of investment advice
(a) Prohibited transaction exemption
Subsection (d) of section 4975 of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions), as amended by this Act, is further amended— (1) in paragraph (15), by striking ... |
108hr5398ih | and (3) by adding at the end the following new paragraph: (17) any transaction described in subsection (f)(7)(A) in connection with the provision of investment advice described in subsection (e)(3)(B), in any case in which— (A) the plan provides for individual accounts and permits a participant or beneficiary to exerci... |
108hr5398ih | and (C) the requirements of subsection (f)(7)(B) are met in connection with each instance of the provision of the advice. (b) Transactions allowed and related requirements
Subsection (f) of such section 4975 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ... |
108hr5398ih | are the following: (i) the provision of the advice to the participant or beneficiary, (ii) the sale, acquisition, or holding of a security or other property (including any lending of money or other extension of credit associated with the sale, acquisition, or holding of a security or other property) pursuant to the adv... |
108hr5398ih | (B) Requirements for exemption from prohibited transactions with respect to provision of investment advice
The requirements of this subparagraph (referred to in subsection (d)(16)(C)) are met in connection with the provision of qualified investment advice provided to a participant or beneficiary of an employee benefit... |
108hr5398ih | acquisition, or holding of the security or other property, the fiduciary adviser shall provide to the recipient of the advice a clear and conspicuous notification, written in a manner to be reasonably understood by the average plan participant pursuant to regulations which shall be prescribed by the Secretary (includin... |
108hr5398ih | (II) Related fees or compensation in connection with the provision of the advice
All fees or other compensation relating to the advice (including fees or other compensation itemized with respect to each security or other property with respect to which the advice is provided) that the fiduciary adviser (or any affiliat... |
108hr5398ih | (III) Ongoing fees or compensation in connection with the security or property involved
All fees or other compensation that the fiduciary adviser (or any affiliate thereof) is to receive, on an ongoing basis, in connection with any security or other property with respect to which the fiduciary adviser gives the advice... |
108hr5398ih | (V) Types of services generally offered
The types of services offered by the fiduciary adviser in connection with the provision of qualified investment advice by the fiduciary adviser. (VI) Fiduciary status of the fiduciary adviser
That the fiduciary advisor is a fiduciary of the plan. (ii) Disclosure by fiduciary ad... |
108hr5398ih | (iii) Transaction occurring solely at direction of recipient of advice
The sale, acquisition, or holding of the security or other property shall occur solely at the direction of the recipient of the advice. (iv) Reasonable compensation
The compensation received by the fiduciary adviser and affiliates thereof in conne... |
108hr5398ih | (C) Continued availability of information for at least 1 year
The requirements of subparagraph (B)(i) shall be deemed not to have been met in connection with the initial or any subsequent provision of advice described in subparagraph (B) if, at any time during the 1-year period following the provision of the advice, t... |
108hr5398ih | (D) Evidence of compliance maintained for at least 6 years
A fiduciary adviser referred to in subparagraph (B) who has provided advice referred to in such subparagraph shall, for a period of not less than 6 years after the provision of the advice, maintain any records necessary for determining whether the requirements... |
108hr5398ih | A transaction prohibited under subsection (c)(1) shall not be considered to have occurred solely because the records are lost or destroyed prior to the end of the 6-year period due to circumstances beyond the control of the fiduciary adviser. (E) Model disclosure forms
The Secretary shall prescribe regulations setting... |
108hr5398ih | In the case of each review, the Secretary shall review the following: (i) Compliance by advice computer models with generally accepted investment management principles
The extent to which advice computer models employed by the fiduciary adviser comply with generally accepted investment management principles. (ii) Comp... |
108hr5398ih | (iv) Extent of reported complaints
The extent to which complaints to relevant agencies have been made in connection with the provision of the advice. Any proprietary information obtained by the Secretary shall be treated as confidential. (G) Duty of conflicted fiduciary adviser to provide for alternative independent a... |
108hr5398ih | or (II) has an affiliation or contractual relationship with any third party that has an interest in the security or other property, the requirements of subparagraph (B) shall be treated as not met in connection with the advice unless the fiduciary adviser has arranged, as an alternative to the advice that would otherwi... |
108hr5398ih | (ii) Independence and qualifications of alternative investment adviser
Any alternative investment adviser whose qualified investment advice is arranged for by a fiduciary adviser pursuant to clause (i)— (I) shall have no material interest in, and no material affiliation or contractual relationship with any third party... |
108hr5398ih | (iii) Scope and fees of alternative investment advice
Any qualified investment advice provided pursuant to this subparagraph by an alternative investment adviser shall be of the same type and scope, and provided under the same terms and conditions (including no additional charge to the participant or beneficiary), as ... |
108hr5398ih | (H) Fiduciary adviser defined
For purposes of this paragraph and subsection (d)(16)— (i) In general
The term fiduciary adviser means, with respect to a plan, a person who— (I) is a fiduciary of the plan by reason of the provision of qualified investment advice by such person to a participant or beneficiary, (II) meet... |
108hr5398ih | (ii) Qualifications
A person meets the qualifications of this clause if such person— (I) is registered as an investment adviser under the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ), (II) if not registered as an investment adviser under such Act by reason of section 203A(a)(1) of such Act (15 U.S.C. |
108hr5398ih | 80b–3a(a)(1)), is registered under the laws of the State in which the fiduciary maintains its principal office and place of business, and, at the time the fiduciary last filed the registration form most recently filed by the fiduciary with such State in order to maintain the fiduciary’s registration under the laws of s... |
108hr5398ih | ), (IV) is a bank or similar financial institution referred to in subsection (d)(4), (V) is an insurance company qualified to do business under the laws of a State, or (VI) is any other comparable entity which satisfies such criteria as the Secretary determines appropriate. |
108hr5398ih | (iii) Additional requirements with respect to certain employees or other agents of certain advisers
A person meets the additional requirements of this clause if every individual who is employed (or otherwise compensated) by such person and whose scope of duties includes the provision of qualified investment advice on ... |
108hr5398ih | (I) Additional definitions
For purposes of this paragraph and subsection (d)(16)— (i) Qualified investment advice
The term qualified investment advice means, in connection with a participant or beneficiary, investment advice referred to in subsection (e)(3)(B) which— (I) consists of an individualized recommendation t... |
108hr5398ih | (ii) Affiliate
The term affiliate of another entity means an affiliated person of such entity (as defined in section 2(a)(3) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(3) )). (iii) Registered representative
The term registered representative of another entity means a person described in section 3(a)(1... |
108hr5398ih | 78c(a)(18) ) (substituting such entity for the broker or dealer referred to in such section) or a person described in section 202(a)(17) of the Investment Advisers Act of 1940 ( 15 U.S.C. |
108hr5398ih | 80b–2(a)(17) ) (substituting such entity for the investment adviser referred to in such section).. (c) Effective date
The amendments made by this section shall apply with respect to advice referred to in section 4975(e)(3)(B) of the Internal Revenue Code of 1986 provided on or after January 1, 2005. 606. |
108hr5398ih | Increase in deductible contributions to single-employer defined benefit plan upon payment of increased premium to the Pension Benefit Guaranty Corporation
(a) Increase in deductible contributions
Paragraph (1) of section 404(a) of the Internal Revenue Code of 1986 (relating to deduction for contributions to pension t... |
108hr5398ih | and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Special rule in the event of payment of increased PBGC premium with respect to single-employer defined benefit plan
In any case in which the Secretary— (i) receives certification by the plan administrator of a single-employer defined benef... |
108hr5398ih | the maximum amount deductible under the limitations of this paragraph for such plan year shall not be less than 150 percent of current liability determined under section 412(l). (b) Election of payment of increased premium
Section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. |
108hr5398ih | 1306(a)(3) ) is amended by adding at the end the following new subparagraph: (F) The corporation shall provide for payment of the premium for any plan year for basic benefits guaranteed under this title with respect to a single-employer plan for any plan year at an increased annual rate equal to $24.70 in any case in w... |
108hr5398ih | The Corporation shall promptly certify receipt of any premium at the increased annual rate provided for under this subparagraph to the Secretary of the Treasury.. 607. Exemption from prohibited transaction rules for certain aborted emergent transactions
(a) In general
Section 4975(c) of the Internal Revenue Code of 1... |
108hr5398ih | but for this paragraph, be in violation of a restriction imposed by paragraph (1), the eligible person submits to the Secretary, not later than 60 days after the date of the transaction, an application for an exemption under paragraph (2) from such restriction in the case of such transaction, (ii) the Secretary determi... |
108hr5398ih | in connection with an eligible person, a transaction between an employee benefit plan and such eligible person constituting the purchase or sale of a financial product, if— (i) prior to engaging in the transaction, the plan acquires from the eligible person a sufficient guarantee, consisting of a letter of credit or ot... |
108hr5398ih | as of the close of business on the day preceding the transaction, to not less than 100 percent of the amount of plan assets involved in the transaction, plus interest on that amount at a rate determined by the parties to the transaction, or in the absence of such determination, an interest rate equal to the underpaymen... |
108hr5398ih | and (iv) immediately after the acquisition of the financial product— (I) the fair market value of such financial product does not exceed 1 percent of the fair market value of the assets of the plan, and (II) the aggregate fair market value of all outstanding financial products acquired by the plan from the eligible per... |
108hr5398ih | (C) Sufficient guarantee
A guarantee referred to in subparagraph (B) is sufficient if such guarantee is irrevocable and, under the terms of the guarantee, if the Secretary determines not to grant the exemption, the plan has the unconditional right to apply the amounts under the guarantee to any losses suffered and to ... |
108hr5398ih | (D) Eligible person
The term eligible person means a person that— (i) consists of— (I) a bank as defined in section 202(a)(2) of the Investment Advisers Act of 1940 , (II) an investment adviser registered under the Investment Advisers Act of 1940 , (III) an insurance company which is qualified to do business in more t... |
108hr5398ih | and (iii) is not described in section 411 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1111 ).. (b) Effective date
The amendment made by this section shall apply with respect to transactions occurring after December 31, 2005. 608. Pension benefit information
(a) In general
Chapter 43 of the Int... |
108hr5398ih | Failure of applicable plans to provide notice of generally accepted investment principles
(a) Imposition of tax
There is hereby imposed a tax on the failure of any applicable pension plan to meet the requirements of subsection (e) with respect to any applicable individual. (b) Amount of tax
The amount of the tax imp... |
108hr5398ih | (c) Limitations on amount of tax
(1) Tax not to apply to failures corrected within 30 days
No tax shall be imposed by subsection (a) on any failure if— (A) any person subject to liability for the tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e), and (B) such person pr... |
108hr5398ih | (2) Overall limitation for unintentional failures
(A) In general
If the person subject to liability for tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e) and paragraph (1) is not otherwise applicable, the tax imposed by subsection (a) for failures during the taxable ye... |
108hr5398ih | (B) Taxable years in the case of certain controlled groups
For purposes of this paragraph, if all persons who are treated as a single employer for purposes of this section do not have the same taxable year, the taxable years taken into account shall be determined under principles similar to the principles of section 1... |
108hr5398ih | (3) Waiver by secretary
In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive or otherwise inequitable relative to the failure involved. (d) Liability f... |
108hr5398ih | (e) Notice of generally accepted investment principles
(1) In general
The plan administrator of an applicable pension plan shall provide notice of generally accepted investment principles, including principles of risk management and diversification, to each applicable individual. (2) Notice
The notice required by pa... |
108hr5398ih | (3) Timing of notice
The notice required by paragraph (1) shall be provided upon enrollment of the applicable individual in such plan and at least once per plan year thereafter. (4) Form and manner of notice
The notice required by paragraph (1) shall be in writing, except that such notice may be in electronic or othe... |
108hr5398ih | (f) Definitions and special rules
For purposes of this section— (1) Applicable individual
The term applicable individual means with respect to an applicable pension plan— (A) any participant in the applicable pension plan, (B) any beneficiary who is an alternate payee (within the meaning of section 414(p)(8)) under a... |
108hr5398ih | who has an accrued benefit under the plan and who is entitled to direct the investment (or hypothetical investment) of some or all of such accrued benefit. (2) Applicable pension plan
The term applicable pension plan means— (A) a plan described in section 219(g)(5)(A) (other than in clause (iii) thereof), and (B) an e... |
108hr5398ih | which permits any participant to direct the investment of some or all of his account in the plan or under which the accrued benefit of any participant depends in whole or in part on hypothetical investments directed by the participant. (b) Clerical amendment
The table of sections for chapter 43 of such Code is amended... |
108hr5398ih | (c) Effective date
(1) In general
The amendments made by this section shall take effect 60 days after the adoption of rules or other guidance to carry out the amendments made by this section, which shall include a model notice of generally accepted investment principles, including principles of risk management and di... |
108hr5398ih | (2) Model investment principles
For purposes of paragraph (1), not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall issue rules or other guidance and a model notice which meets the requirements of section 4980G of the Int... |
108hr5398ih | Failure of applicable plans to provide notice of generally accepted investment principles
(a) Imposition of tax
There is hereby imposed a tax on the failure of any applicable pension plan to meet the requirements of subsection (e) with respect to any applicable individual. (b) Amount of tax
The amount of the tax imp... |
108hr5398ih | (c) Limitations on amount of tax
(1) Tax not to apply to failures corrected within 30 days
No tax shall be imposed by subsection (a) on any failure if— (A) any person subject to liability for the tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e), and (B) such person pr... |
108hr5398ih | (2) Overall limitation for unintentional failures
(A) In general
If the person subject to liability for tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e) and paragraph (1) is not otherwise applicable, the tax imposed by subsection (a) for failures during the taxable ye... |
108hr5398ih | (B) Taxable years in the case of certain controlled groups
For purposes of this paragraph, if all persons who are treated as a single employer for purposes of this section do not have the same taxable year, the taxable years taken into account shall be determined under principles similar to the principles of section 1... |
108hr5398ih | (3) Waiver by secretary
In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive or otherwise inequitable relative to the failure involved. (d) Liability f... |
108hr5398ih | (e) Notice of generally accepted investment principles
(1) In general
The plan administrator of an applicable pension plan shall provide notice of generally accepted investment principles, including principles of risk management and diversification, to each applicable individual. (2) Notice
The notice required by pa... |
108hr5398ih | (3) Timing of notice
The notice required by paragraph (1) shall be provided upon enrollment of the applicable individual in such plan and at least once per plan year thereafter. (4) Form and manner of notice
The notice required by paragraph (1) shall be in writing, except that such notice may be in electronic or othe... |
108hr5398ih | (f) Definitions and special rules
For purposes of this section— (1) Applicable individual
The term applicable individual means with respect to an applicable pension plan— (A) any participant in the applicable pension plan, (B) any beneficiary who is an alternate payee (within the meaning of section 414(p)(8)) under a... |
108hr5398ih | who has an accrued benefit under the plan and who is entitled to direct the investment (or hypothetical investment) of some or all of such accrued benefit. |
108hr5398ih | (2) Applicable pension plan
The term applicable pension plan means— (A) a plan described in section 219(g)(5)(A) (other than in clause (iii) thereof), and (B) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), which permits any participant t... |
108hr5398ih | Permanency of transition rule in Retirement Protection Act of 1994
(a) Transition rule made permanent
Section 769(c) of the Retirement Protection Act of 1994 ( 26 U.S.C. 412 note) is amended— (1) in the heading, by striking Transition ; and (2) in paragraph (1), by striking transition and by striking for any plan yea... |
108hr5398ih | (b) Special rules
Paragraph (2) of section 769(c) of the Retirement Protection Act of 1994 is amended to read as follows: (2) Special rules
The rules described in this paragraph are as follows: (A) For purposes of section 412(l)(9)(A) of the Internal Revenue Code of 1986 and section 302(d)(9)(A) of the Employee Retir... |
108hr5398ih | (B) For purposes of section 412(m) of the Internal Revenue Code of 1986 and section 302(e) of the Employee Retirement Income Security Act of 1974 , the funded current liability percentage for any plan year shall be treated as not less than 100 percent. |
108hr5398ih | (C) For purposes of determining unfunded vested benefits under section 4006(a)(3)(E)(iii) of the Employee Retirement Income Security Act of 1974 , the mortality table shall be the mortality table used by the plan.. (c) Effective date
The amendments made by this section shall apply to plan years beginning after Decembe... |
108hr5398ih | General effective date
(a) In general
Except as otherwise provided in this Act, and subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2005. (b) Special rule for collectively bargained plans
In the case of a plan maintained pursuant to 1... |
108hr5398ih | 2005 the date of the commencement of the first plan year beginning on or after the earlier of— (1) the later of— (A) January 1, 2006, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or... |
108hr5398ih | Plan amendments
If any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2007, if— (1) during the period after such amendment made by this Act takes effect and before such first plan year, the p... |
108hr3720ih | 1. Short title
This Act may be cited as the Empowering Parents and Teachers for a Drug-Free Education Act of 2004. 2. Findings
The Congress finds as follows: (1) Fifty-four percent of high school seniors in 2001 had used an illicit drug in their lifetime. (2) Forty-two percent of 12th graders, 37 percent of 10th grad... |
108hr3720ih | (3) Eighty percent of 12th graders, 70 percent of 10th graders, and 51 percent of 8th graders in 2001 had used alcohol in their lifetime. (4) Sixty-four percent of 12th graders, 48 percent of 10th graders, and 23 percent of 8th graders in 2001 had been intoxicated. |
108hr3720ih | (5) Use of 3,4-methylenedioxy methamphetamine (commonly referred to as MDMA or ecstasy ) by 12th graders increased from 6 percent in 1998 to 11.7 percent in 2001. (6) Schoolchildren who use and abuse addictive illicit drugs or alcohol increase the risk to the health and safety of all students and impact the learning en... |
108hr3720ih | (B) use of illicit drugs like marijuana or ecstasy kills brain cells in the learning centers of the brain, directly impacting a student’s ability to learn in school; (C) chemicals left in the central nervous system after using marijuana cause the brain to be irritated and uncontrollable, resulting in disruptive behavio... |
108hr3720ih | Drug-free school demonstration programs
(a) Demonstration programs
Part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ; also known as the Safe and Drug-Free Schools and Communities Act ) is amended— (1) by redesignating subpart 4 as subpart 5; and (2) by inserting after ... |
108hr3720ih | Drug-free school demonstration programs
(a) Grants
The Secretary may make grants to local educational agencies and private schools to establish drug-free school demonstration programs described in subsection (b). (b) Requirements
A grant may be made under subsection (a) only if the local educational agency or privat... |
108hr3720ih | (3) requires that any analysis of such testing be conducted by a drug-testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists, for forensic drug testing; (4) requires a review of each positive test result by a medical review offi... |
108hr3720ih | upon the submission of a report by a medical review officer under subsection (c)(3) relating to a preliminary positive test result, the destruction of all records relating to the result if the medical review officer does not confirm the result; (8) requires the destruction of all records relating to drug or alcohol tes... |
108hr3720ih | and ensures that parents receive notification of such right at the beginning of every school year; (11) includes a clear, written policy on school behavior that— (A) prohibits students from attending school or school activities under the influence of illegal drugs or alcohol; (B) prohibits the use or possession of ille... |
108hr3720ih | (13) provides student access to a student assistance program, including confidential assessment, referral, and short-term problem resolution; and (14) provides continuing alcohol, tobacco, and drug abuse prevention education. |
108hr3720ih | (c) Privacy protection
Each drug-free school demonstration program established with assistance made available under this section shall— (1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of student drug test results and of any participation by a student in a tr... |
108hr3720ih | (d) Technical assistance
To the extent or in the amounts provided in advance in appropriations Acts, the Secretary may enter into contracts with public and private entities to provide assistance related to carrying out the drug-free school demonstration programs established pursuant to this section. (e) Applications
... |
108hr3720ih | (f) Definitions
For purposes of this section: (1) The term medical review officer — (A) means a licensed physician with knowledge of substance abuse disorders; and (B) does not include any— (i) employee of the school involved; or (ii) employee or agent of, or any person having a financial interest in, the laboratory f... |
108hr3720ih | (2) The term student means any individual enrolled on school records as eligible to attend, or actually attending, school for educational purposes in any of grades 8 through 12.. (b) Report
Not later than 18 months after the date of the enactment of this Act, the Secretary of Education shall submit to the Congress a r... |
108hr3720ih | 7103 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) $25,000,000 for fiscal year 2005, and for each of fiscal years 2006 and 2007, for drug-free school demonstration programs und... |
108hr3720ih | (d) Conforming amendment
The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by redesignating the item relating to subpart 4 of part A of title IV as the item relating to subpart 5 of part A of title IV; and (2) by inserting after the item relating to section 4141 t... |
108hr3720ih | Drug-free school demonstration programs
(a) Grants
The Secretary may make grants to local educational agencies and private schools to establish drug-free school demonstration programs described in subsection (b). (b) Requirements
A grant may be made under subsection (a) only if the local educational agency or privat... |
108hr3720ih | (3) requires that any analysis of such testing be conducted by a drug-testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists, for forensic drug testing; (4) requires a review of each positive test result by a medical review offi... |
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