Pell Grants for Kids Act of 2008 - Directs the Secretary, subject to advance appropriations, to award competitive grants to states, public chartering agencies, local educational agencies, or tax-exempt organizations to enhance the capacity of public charter schools to serve additional students, particularly those transferring from schools identified as needing restructuring under the Elementary and Secondary Education Act of 1965 for failing to make adequate yearly progress (AYP) pursuant to state academic performance standards for five consecutive school years.
Limits grant use to providing subgrants to public charter schools, covering the administrative expenses of grantees and subgrantees, and enhancing the availability of credit for such schools.
Fair Share Act of 2008 - Amends the Internal Revenue Code and title II (Old Age, Survivors, and Disability Insurance Benefits) (OASDI) of the Social Security Act to treat certain foreign subsidiaries of U.S. companies performing services under a contract with the U.S. government as U.S. employers for purposes of Social Security and Medicare employment taxes.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5647 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5647
To provide public charter school options for those students that attend
schools that are in need of improvement and have been identified for
restructuring and those schools with a graduation rate of less than 60
percent, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2008
Mr. Emanuel introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide public charter school options for those students that attend
schools that are in need of improvement and have been identified for
restructuring and those schools with a graduation rate of less than 60
percent, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--PELL GRANTS FOR CHILDREN
SECTION 101. SHORT TITLE.
This title may be cited as the ``Pell Grants for Kids Act of
2008''.
SEC. 102. PURPOSE.
It is the purpose of this title to support State efforts to enable
students who attend an identified school or a school with low
graduation rate to attend a public charter school.
SEC. 103. SUPPORT FOR PROVEN CHARTER SCHOOLS AND INCREASING THE SUPPLY
OF HIGH QUALITY CHARTER SCHOOLS.
(a) Grants.--Subject to advance appropriations, the Secretary shall
award grants, on a competitive basis, to eligible entities for the
purpose of enabling such entities to make subgrants to eligible public
charter schools to allow such schools to serve additional eligible
students.
(b) Priorities.--In awarding a grant under this section, the
Secretary shall--
(1) give priority to an eligible entity--
(A) that serves an area that has a large percentage
of students who are enrolled in identified schools or
public schools with a graduation rate of 60 percent or
less as defined by their State educational agency and
other factors determined appropriate by the Secretary;
(B) that oversees one or more academically
successful eligible public charter schools as
determined by the Secretary using adequately yearly
progress measures, State accountability measures, and
other measures deemed appropriate by the Secretary;
(C) that is effectively monitoring the academic
success of eligible public charter schools under the
jurisdiction of the eligible entity;
(D) that ensures that eligible public charter
schools under the jurisdiction of the eligible entity
receive funding (including funding for school
facilities) on a per pupil basis that is commensurate
with the amount of funding (including funding for
school facilities) provided by the eligible entity to
traditional public schools;
(E) that ensures that each local educational agency
under the jurisdiction of the eligible entity provides,
in a timely manner, each public charter school under
the jurisdiction of such local educational agency with
the Federal, State, and local funds to which such
school is entitled under applicable law; and
(F) that is under the jurisdiction of a State
that--
(i) requires public charter schools to meet
State standards, administer State assessment
tests to enrolled students, and participate in
State accountability measures;
(ii) ensures that each public charter
school under the jurisdiction of the State
has--
(I) a high degree of autonomy over
the charter school's budgets and
expenditures; and
(II) a written contract with an
authorized public chartering agency
that ensures that the school has an
independent governing board and such
board has a level of autonomy under
such contract that the Secretary
determines is appropriate; and
(2) consider the number of public charter schools under the
jurisdiction of the State, the number of students enrolled in
charter schools, and the number of children on the waiting
lists for public charter schools operating under the
jurisdiction of the State.
(c) Amount of Grants.--In determining the amount of a grant to be
awarded under this section to an eligible entity, the Secretary shall
take into consideration--
(1) the number of eligible public charter schools under the
jurisdiction of the eligible entity that are operating, are
approved to open, or are likely to open during the duration of
the grant;
(2) the number of seats for new students that could be
created in such schools with such grant; and
(3) the number of eligible students in the State.
(d) Application Requirements.--
(1) In general.--To be considered for a grant under this
title, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) Contents.--The application under paragraph (1) shall
include, at a minimum, the following:
(A) Plan.--A plan for--
(i) identifying eligible public charter
schools that are willing to receive financial
assistance under a grant under this title;
(ii) enrolling eligible students in
eligible public charter schools;
(iii) increasing the number of seats for
eligible students in eligible public charter
schools;
(iv) ensuring that eligible public charter
schools receiving assistance under this title
enroll--
(I) eligible students through a
lottery for admission that is separate
from the lottery for general admission
to such school and is limited to the
number of additional seats the schools
is able to create as a result of the
financial assistance received by such
school under this title; and
(II) siblings of students currently
enrolled in the eligible public charter
school as a result of the financial
assistance received by the school under
this title; and
(v) the manner in which the eligible entity
will--
(I) work with identified schools
under their jurisdiction and the
schools' local educational agency to
identify the parents of the eligible
students, consistent with the
requirements of the Family Educational
Rights and Privacy Act of 1974 (20
U.S.C. 1232g);
(II) notify parents of eligible
students of the option to transfer to
an eligible public charter school
receiving financial assistance under
this title;
(III) provide information to
parents of eligible students to enable
the parents to make informed decisions
regarding such students;
(IV) ensure that an eligible
student can continue to attend an
eligible public charter school if the
public charter school such student was
attending in the previous school year
is no longer an eligible public charter
school; and
(V) use funds received under this
title.
(B) Charter school information.--The number of
eligible public charter schools that are operating in
the State that has jurisdiction over the eligible
entity, the number of eligible public charter schools
approved to open in the next school year, the number of
eligible public charter schools likely to open during
the duration of the grant to the eligible entity, the
number of seats in eligible public charter schools that
could be created if the grant is awarded, and any other
information the Secretary may require.
(C) Traditional public school information.--A list
of identified schools and schools with a graduation
rate of 60 percent or less as defined by their State
educational agency, including the name of each such
school and such demographic and socioeconomic
information as the Secretary may require.
SEC. 104. USE OF FUNDS.
(a) In General.--An eligible entity receiving a grant under this
title may only use the funds for the following:
(1) Subgrants.--To make a subgrant to an eligible public
charter school, in such amount as the Secretary determines is
appropriate--
(A) to allow increases in such school's enrollment
of eligible students;
(B) to support the construction and physical
expansion of school buildings and campuses to meet such
increased enrollment;
(C) to pay costs associated with hiring additional
teachers to serve eligible students;
(D) to support necessary operation activities
associated with the school serving additional eligible
students; and
(E) to provide transportation to eligible students
to and from school.
(2) Administrative expenses.--To pay the administrative
expenses of the eligible public charter schools and the
eligible entity, but not to exceed five percent of the grant.
(3) Credit enhancement and revolving loan fund.--To make a
competitive grant that does not exceed 20 percent of the amount
of the grant to an eligible entity for credit enhancement (as
defined in Sec. 5230 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7223i))--
(A) to conduct credit enhancement initiatives (as
defined under Section 5221 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7223)) in
support of facility assistance for public charter
schools serving eligible students; and
(B) to establish a revolving loan fund for use by
an eligible public charter school receiving a subgrant
under paragraph (1) from the eligible entity to allow
such school to expand to serve eligible students.
(b) Special Rules on Frequency.--
(1) Eligible public charter schools with enrolled
students.--Each eligible entity to which the Secretary awards a
grant under this title may award a subgrant to an eligible
public charter school described in section 106(5)(A) for each
year an eligible student attends such school.
(2) Limitations on subgrants to developers.--Each eligible
entity to which the Secretary awards a grant under this title
shall not award a subgrant to an eligible public charter school
described in section 106(5)(B) for more than two consecutive
school years.
(c) Nonprofit Assistance.--In carrying out administrative tasks and
outreach with financial assistance provided under this title, eligible
entities may contract with an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3))
and exempt from tax under section 501(a) of such Code (26 U.S.C.
501(a)).
(d) Financial Responsibility.--The financial records of each
eligible entity and eligible public charter school receiving a grant or
subgrant under this title shall be maintained in accordance with
generally accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
(e) National Evaluation.--From the amounts appropriated to carry
out this title, the Secretary may use not more than one percent of such
amounts to conduct an annual independent evaluation, by grant or
contract, of the activities carried out under this title, including an
assessment of the impact of such activities on student achievement. The
Secretary shall submit to Congress a report on the results of the
evaluation before the end of the one-year period beginning on the date
of enactment of this title and every one year thereafter.
SEC. 105. REPORTS.
Each eligible entity receiving a grant under this title shall
prepare and submit to the Secretary the following:
(1) Report.--A report that contains such information as the
Secretary may require concerning use of the grant funds by the
eligible entity, including the academic achievement of the
students attending eligible public charter schools as a result
of the grant. Such report shall be submitted before the end of
the two-year period beginning on the date of enactment of this
title and every two years thereafter.
(2) Performance information.--Such performance information
as the Secretary may require for the national evaluation
conducted under section 104(e).
SEC. 106. DEFINITIONS.
In this title, the following definitions apply:
(1) Adequate yearly progress.--The term ``adequate yearly
progress'' has the meaning given such term in section
1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)).
(2) Administrative expenses.--The term ``administrative
expenses'' includes costs associated with--
(A) recruiting and selecting eligible students;
(B) outreach to parents; and
(C) providing information to parents and school
officials.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State educational agency;
(B) an authorized public chartering agency;
(C) a local educational agency; or
(D) in the case of a State in which a grant is not
made under section 103 in a fiscal year to an agency
described in subparagraphs (A), (B), or (C), an
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and
exempt from tax under section 501(a) of such Code (26
U.S.C. 501(a)).
(4) Eligible student.--The term ``eligible student'' means
a student who--
(A) with respect to a school identified for
restructuring under section 1116(b)(8) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)(8))--
(i) is eligible to enroll in the earliest
grade offered by the school and attended the
school for the entire school year preceding the
date of such identification; or
(ii) transfers to the school to attend any
grade beyond the earliest grade offered by the
school and attends the school for the remainder
of the school year in which such transfer
occurs; or
(B) in the immediately preceding school year,
occupied a seat created as a result of financial
assistance under this title at an eligible public
charter school.
(5) Eligible public charter school.--The term ``eligible
public charter school'' means--
(A) a charter school (as defined under section 5210
(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221i(1))) (including the campuses of
such school) that--
(i) has made adequate yearly progress for
the last two consecutive school years; or
(ii) successfully meets qualifications set
forth by the State educational agency or the
Secretary; or
(B) a charter school that is being developed by
developer (as defined under section 5210(2) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221i(2))).
(6) Identified school.--The term ``identified school''
means a school identified for restructuring under section
1116(b)(8) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(b)(8)).
(7) Traditional public school.--The term ``traditional
public school'' does not include charter schools as defined
under section 5210(1) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7221i(1)).
(8) School year.--The term ``school year'' has the meaning
given such term in section 12(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(d)).
(9) State accountability measures.--The term ``State
accountability measures'' includes measures undertaken under an
accountability system developed and implemented by a State
under section 1111(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)).
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$300,000,000 for fiscal year 2009 and such sums as may be necessary for
each of the four succeeding fiscal years.
TITLE II--FAIR SHARE FOR GOVERNMENT CONTRACTORS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fair Share Act of 2008''.
SEC. 202. CERTAIN DOMESTICALLY CONTROLLED FOREIGN PERSONS PERFORMING
SERVICES UNDER CONTRACT WITH UNITED STATES GOVERNMENT
TREATED AS AMERICAN EMPLOYERS.
(a) FICA Taxes.--Section 3121 of the Internal Revenue Code of 1986
(relating to definitions) is amended by adding at the end the following
new subsection:
``(z) Treatment of Certain Foreign Persons as American Employers.--
``(1) In general.--If any employee of a foreign person is
performing services in connection with a contract between the
United States Government (or any instrumentality thereof) and
any member of any domestically controlled group of entities
which includes such foreign person, such foreign person shall
be treated for purposes of this chapter as an American employer
with respect to such services performed by such employee.
``(2) Domestically controlled group of entities.--For
purposes of this subsection--
``(A) In general.--The term `domestically
controlled group of entities' means a controlled group
of entities the common parent of which is a domestic
corporation.
``(B) Controlled group of entities.--The term
`controlled group of entities' means a controlled group
of corporations as defined in section 1563(a)(1),
except that--
``(i) `more than 50 percent' shall be
substituted for `at least 80 percent' each
place it appears therein, and
``(ii) the determination shall be made
without regard to subsections (a)(4) and (b)(2)
of section 1563.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section 954(d)(3)) by
members of such group (including any entity treated as
a member of such group by reason of this sentence).
``(3) Liability of common parent.--In the case of a foreign
person who is a member of any domestically controlled group of
entities, the common parent of such group shall be jointly and
severally liable for any tax under this chapter for which such
foreign person is liable by reason of this subsection.
``(4) Cross reference.--For relief from taxes in cases
covered by certain international agreements, see sections
3101(c) and 3111(c).''.
(b) Social Security Benefits.--Subsection (e) of section 210 of the
Social Security Act (42 U.S.C. 410(e)) is amended--
(1) by striking ``(e) The term'' and inserting ``(e)(1) The
term'',
(2) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
(3) by adding at the end the following new paragraph:
``(2)(A) If any employee of a foreign person is performing
services in connection with a contract between the United
States Government (or any instrumentality thereof) and any
member of any domestically controlled group of entities which
includes such foreign person, such foreign person shall be
treated for purposes of this chapter as an American employer
with respect to such services performed by such employee.
``(B) For purposes of this paragraph--
``(i) The term `domestically controlled group of
entities' means a controlled group of entities the
common parent of which is a domestic corporation.
``(ii) The term `controlled group of entities'
means a controlled group of corporations as defined in
section 1563(a)(1) of the Internal Revenue Code of
1986, except that--
``(I) `more than 50 percent' shall be
substituted for `at least 80 percent' each
place it appears therein, and
``(II) the determination shall be made
without regard to subsections (a)(4) and (b)(2)
of section 1563 of such Code.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section 954(d)(3) of
such Code) by members of such group (including any
entity treated as a member of such group by reason of
this sentence).''.
(c) Effective Date.--The amendment made by this section shall apply
to services performed after the date of the enactment of this title.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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