,,ii #aafth ,,congress #b;d ,session ,s4 #dicf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjbj,mr4 ,murphy introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit the use of corporal punishment in schools1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting our ,students in ,schools ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act are as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,title ,i--,prohibition of ,corporal ,punishment,sec4 #aja4 ,prohibition of corporal punishment4,sec4 #ajb4 ,civil actions by the ,attorney ,general4,sec4 #ajc4 ,enforcement by the ,office for ,civil ,rights4,sec4 #ajd4 ,parent notification and protection and advocacy systems4,title ,,ii--,state ,activities and ,grant ,program,sec4 #bja4 ,state plan and enforcement4,sec4 #bjb4 ,grant authority4,title ,,iii--,additional ,provisions,sec4 #cja4 ,federal regulations4,sec4 #cjb4 ,other schools4,sec4 #cjc4 ,limitation of authority4,sec4 #cjd4 ,applicability4,sec4 #cje4 ,severability4,sec4 #cjf4 ,authorization of appropriations4 #b4 ,purposes ,the purposes of this ,act are to-- 7#a7 eliminate the use of corporal punishment in schools2 7#b7 ensure1 regardless of sexual orientation1 gender identity or expression1 sex1 race1 color1 national origin1 disability1 or religion1 the health and safety of all students and program personnel in schools and promote a positive school climate and culture2 7#c7 assist ,states1 local educational agencies1 and schools in improving school climate and culture by implementing positive behavioral interventions and supports and other models to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions2 7#d7 ensure all program personnel have the supports and training necessary to implement positive behavioral interventions and supports and other models to address student behavior and improve school climate and culture2 and 7#e7 collect and analyze data on exclusionary and aversive discipline practices or interventions in schools4 #c4 ,definitions ,in this ,act3 7#a7 ,corporal punishment ,the term corporal punishment means1 with respect to a student1 a deliberate act which causes the student to feel physical pain for the purpose of discipline1 including an act of physical force1 such as striking1 spanking1 or paddling1 inflicted on a student's body1 requiring a student to assume a painful physical position1 or the use of chemical sprays1 electroshock weapon1 or stun guns on a student's body4 7#b7 ,,esea terms ,the terms elementary school1 evidence-based1 local educational agency1 outlying area1 parent1 secondary school1 ,secretary1 ,state1 and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#c7 ,model ,the term model means an activity1 strategy1 framework1 or intervention that is evidence-based1 to the extent practicable4 7#d7 ,positive behavioral interventions and supports ,the term positive behavioral interventions and supports-- 7,a7 means a schoolwide1 systematic approach that embeds evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students 7including students with the most complex and intensive behavioral needs72 and 7,b7 encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors1 while discouraging and diminishing undesirable behaviors4 7#e7 ,program ,the term program means-- 7,a7 all of the operations of a local educational agency1 system of vocational education1 or other school system2 and 7,b7 an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7#f7 ,program personnel 7,a7 ,in general ,the term program personnel means any agent of a program1 including an individual who is employed by a program1 or who performs services for a program on a contractual basis1 including-- 7i7 school leaders2 7ii7 teachers2 7iii7 specialized instructional support personnel2 7iv7 paraprofessionals2 or 7v7 other staff4 7,b7 ,exclusion ,the term program personnel shall not include a school resource officer or a school security guard4 7#g7 ,protection and advocacy system ,the term protection and advocacy system means a protection and advocacy system established under section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc74 7#h7 ,school resource officer ,the term school resource officer means a sworn law enforcement officer who-- 7,a7 is assigned by the employing police department to a program2 7,b7 is contracting with a program2 or 7,c7 is employed by a program4 7#i7 ,school security guard ,the term school security guard means a contractor or an employee of a program responsible for addressing one or more of the following safety and crime prevention activities with respect to a program3 7,a7 ,assisting program personnel in safety incidents4 7,b7 ,educating students in crime and illegal drug use prevention and safety4 7,c7 ,developing or expanding community justice initiatives for students4 7,d7 ,training students in conflict resolution and supporting restorative justice programs4 7,e7 ,serving as a liaison between the program and outside agencies1 including other law enforcement agencies4 7,f7 ,screening students or visitors to the program for prohibited items4 7#aj7 ,student ,the term student means an individual enrolled in a program4 ,i ,prohibition of ,corporal ,punishment #aja4 ,prohibition of corporal punishment 7a7 ,prohibition ,no student shall be subjected to corporal punishment by program personnel1 a school resource officer1 or a school security guard1 while attending any program that receives ,federal financial assistance4 7b7 ,private right of action ,a student who has been subjected to corporal punishment by program personnel1 a school resource officer1 or a school security guard1 in violation of subsection 7a71 or the parent of such student1 may file a civil action in any ,federal or ,state court of competent jurisdiction against the program under which the violation is alleged to have occurred for attorneys' fees1 expert fees1 injunctive relief1 and compensatory damages4 7c7 ,nonapplicability ,section #fae7l7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adae7l77 shall not apply to an action filed pursuant to subsection 7b71 regardless of whether or not the student is seeking relief that is also available under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 #ajb4 ,civil actions by the ,attorney ,general ,whenever the ,attorney ,general receives a complaint in writing signed by a parent 7including a legal guardian7 or a group of parents 7including legal guardians7 to the effect that the minor children of such a parent or parents are being deprived by a program of the right to not be subject to corporal punishment by program personnel1 a school resource officer1 or a school security guard1 and the ,attorney ,general believes the complaint is meritorious1 the ,attorney ,general is authorized1 after giving notice of such complaint to the appropriate program and after certifying that the ,attorney ,general is satisfied that such program has had a reasonable time to adjust the conditions alleged in such complaint1 to institute for or in the name of the ,united ,states a civil action in any appropriate district court of the ,united ,states against such parties and for such relief as may be appropriate1 and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section4 ,the ,attorney ,general may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder4 #ajc4 ,enforcement by the ,office for ,civil ,rights 7a7 ,referral to ,office for ,civil ,rights ,the ,secretary shall refer any complaint alleging a violation of section #aja7;a7 to the ,office for ,civil ,rights of the ,department of ,education for an investigation4 7b7 ,process for referral ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall develop and implement a procedure for receiving a complaint alleging a violation of section #aja7;a74 7c7 ,failure ,to comply ,in the event that a program has failed to comply with section #aja7;a71 the ,secretary shall carry out at least one of the following3 7#a7 ,withhold from such program1 in whole or in part1 further payments 7including payments for administrative costs7 under an applicable program 7as such term is defined in section #djj7;c7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba7;c777 in accordance with section #dee of such ,act 7#bj ,u4,s4,c4 #abcd;d74 7#b7 ,enter into a compliance agreement in accordance with section #deg of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;f74 7#c7 ,issue a complaint to compel compliance of such program through a cease and desist order1 in the same manner the ,secretary is authorized to take such action under section #def of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;e74 7d7 ,cessation of withholding of funds ,if the ,secretary determines 7whether by certification or other appropriate evidence7 that a program that is subject to the withholding of payments under subsection 7c77#a7 has cured the failure providing the basis for the withholding of payments on a date that is within one year from the date on which such payments were first withheld1 the ,secretary shall-- 7#a7 cease the withholding of payments with respect to that program under such subsection2 and 7#b7 reimburse all the withheld payments under such subsection to such program4 7e7 ,withheld funds ,the funds appropriated or made available for the payments that were withheld under subsection 7c77#a7 shall be available for expenditure to that program for not longer than one year from the date upon which the determination in subsection 7d7 was made4 7f7 ,rule of construction ,nothing in this section shall be construed to limit the ,secretary's authority under the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba et seq474 #ajd4 ,parent notification and protection and advocacy systems 7a7 ,notification ,if a student is subject to corporal punishment committed by program personnel1 a school resource officer1 or a school security guard1 at a program that receives ,federal financial assistance1 the program serving such student shall notify1 in writing1 not later than #bd hours after such use of force occurs1 the facts of such use of force to-- 7#a7 the parent or parents of such student2 7#b7 the ,state educational agency2 and 7#c7 the local law enforcement agency4 7b7 ,notification for students with disabilities ,in the case of a student described in subsection 7a7 who is an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb77 the program serving such student shall-- 7#a7 in addition to the notification described in such subsection1 notify1 in writing1 not later than #bd hours after the use of force described in such subsection occurs1 the facts of such use of force to the relevant protection and advocacy system2 and 7#b7 provide any information to the relevant protection and advocacy system that the protection and advocacy system may require4 7c7 ,restatement of authority ,protection and advocacy systems shall have the same authorities and rights provided under subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq47 with respect to protections provided for students under this ,act when such students are otherwise eligible to be clients of the protection and advocacy system1 including investigating1 monitoring1 and enforcing such protections4 ,,ii ,state ,activities and ,grant ,program #bja4 ,state plan and enforcement 7a7 ,state requirements ,not later than #ah months after the date of enactment of this ,act1 and every two years thereafter1 each ,state educational agency that receives ,federal financial assistance shall provide to the ,secretary-- 7#a7 a written assurance that-- 7,a7 all programs located in such ,state have been notified of the requirements of this ,act2 7,b7 all program personnel of such ,state educational agency have received training with respect to such requirements2 7,c7 parents of students served by such ,state educational agency have been notified of the requirements1 rights1 and remedies available under this ,act2 and 7,d7 the notification required under subparagraph 7,c7 is publicly available on the website of the ,state educational agency2 and 7#b7 a school climate report that includes a description of-- 7,a7 the policies and procedures of the ,state educational agency with respect exclusionary and aversive discipline practices or interventions in such schools2 7,b7 how the ,state educational agency plans to implement1 is implementing1 or has implemented positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in the public elementary schools and secondary schools of such ,state2 and 7,c7 efforts of the ,state educational agency to ensure program personnel receive the supports and training necessary to implement the interventions1 supports1 and other models described in subparagraph 7,b74 7b7 ,local educational agency requirements ,not later than one year after the date of enactment of this ,act1 and not less than once every two years thereafter1 each local educational agency shall submit to the ,state educational agency a report that includes the information the ,state educational agency determines necessary to comply with the requirements of subsection 7a74 7c7 ,report ,not later than two years after the date of enactment of this ,act1 and not less than once every two years thereafter1 the ,secretary shall-- 7#a7 submit to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report summarizing the findings of the reports under subsection 7a77#b72 and 7#b7 make the reports described in paragraph 7#a7 publicly available4 7d7 ,enforcement 7#a7 ,in general 7,a7 ,use of remedies ,if a ,state educational agency fails to comply with subsection 7a71 the ,secretary shall carry out at least one of the following3 7i7 ,withhold1 in whole or in part1 further payments under an applicable program 7as such term is defined in section #djj7;c7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba7;c777 in accordance with section #dee of such ,act 7#bj ,u4,s4,c4 #abcd;d74 7ii7 ,enter into a compliance agreement in accordance with section #deg of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;f74 7iii7 ,issue a complaint to compel compliance of the ,state educational agency through a cease and desist order1 in the same manner the ,secretary is authorized to take such action under section #def of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;e74 7,b7 ,cessation of withholding of funds ,if the ,secretary determines 7whether by certification or other appropriate evidence7 that a ,state educational agency that is subject to the withholding of payments under subparagraph 7,a77i7 has cured the failure providing the basis for the withholding of payments within one year from the date on which such payments were first withheld1 the ,secretary shall-- 7i7 cease the withholding of payments with respect to the ,state educational agency under such subparagraph2 and 7ii7 reimburse all the withheld payments under such subparagraph to such ,state educational agency4 7#b7 ,withheld funds ,the funds appropriated or made available for the payments that were withheld under paragraph 7#a77;,a77i7 shall be available for expenditure to that program for not longer than one year from the date upon which the determination in paragraph 7#a77;,b7 was made4 7#c7 ,rule of construction ,nothing in this subsection shall be construed to limit the ,secretary's authority under the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba et seq474 #bjb4 ,grant authority 7a7 ,in general ,from the amount appropriated under section #cjf1 the ,secretary may award grants to ,state educational agencies to improve school climate and culture by implementing positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in public elementary schools and secondary schools4 7b7 ,duration of grant 7#a7 ,in general ,a grant under this section shall be awarded to a ,state educational agency for a three-year period4 7#b7 ,reapplication ,at the end of a grant period described in paragraph 7#a71 a ,state educational agency desiring a subsequent grant under this section may be eligible for such grant if such ,state educational agency-- 7,a7 submits an application under subsection 7c72 and 7,b7 demonstrates-- 7i7 that such ,state educational agency effectively used grant funds to carry out the required activities under subsection 7e7 during the previous grant period2 and 7ii7 with respect to such ,state educational agency1 a decrease in at least one of the following3 7,i7 ,exclusionary and aversive discipline practices or interventions1 including in-school suspensions1 out-of-school suspensions1 and expulsions4 7,,ii7 ,school-related arrests4 7,,iii7 ,referrals of students to law enforcement4 7#c7 ,data ,a ,state educational agency shall1 with respect to the data used under paragraph 7#b77;,b77ii7-- 7,a7 cross-tabulate such data and disaggregate by race1 gender1 disability1 and ,english learner2 and 7,b7 redact all personally identifiable information from such data4 7c7 ,application 7#a7 ,in general ,each ,state educational agency desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require1 including-- 7,a7 information on how the ,state educational agency will carry out the required activities specified in subsection 7e72 7,b7 a description of how the ,state educational agency will improve school climate and culture by reducing the use of exclusionary and aversive discipline practices or interventions2 7,c7 a description of how the ,state educational agency will implement positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions2 and 7,d7 a description of how the ,state educational agency will develop and implement high-quality training for program personnel designed to improve school climate and culture and increase the use of positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to ,state educational agencies-- 7,a7 with a high percentage of in-school suspensions1 out-of-school suspensions1 expulsions1 school-related arrests1 and referrals of students to law enforcement2 7,b7 that lack positive behavioral interventions and supports and other models to improve school climate and culture2 or 7,c7 that are in most need of assistance relating to improving school climate and culture by reducing the use of exclusionary and aversive discipline practices or interventions1 as determined by the ,secretary4 7d7 ,authority ,to make subgrants 7#a7 ,in general ,a ,state educational agency receiving a grant under this section may use such grant funds to award subgrants1 on a competitive basis in accordance with subsection 7e77#b71 to local educational agencies4 7#b7 ,application ,a local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable ,state educational agency at such time1 in such manner1 and containing such information as the ,state educational agency may require1 including the information described in subparagraphs 7,a7 through 7,d7 of subsection 7c77#a74 7e7 ,required activities 7#a7 ,in general ,a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section shall use such grant or subgrant funds to carry out the following3 7,a7 ,developing and implementing high-quality training for program personnel designed to-- 7i7 improve school climate and culture2 7ii7 increase use of positive behavioral interventions and supports and other models to address student behavior2 and 7iii7 reduce the use of exclusionary and aversive discipline practices or interventions and the discriminatory and disproportionate impact such practices have on students based on their race1 ethnicity1 gender1 or disability4 7,b7 ,providing technical assistance to improve school climate and culture by implementing positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions1 such as restorative justice interventions1 trauma-informed care1 crisis and de-escalation interventions1 implicit bias training1 and culturally responsive teaching4 7,c7 ,researching1 developing1 implementing1 and evaluating models1 policies1 and procedures to reduce the use of exclusionary and aversive discipline practices or interventions in public elementary and secondary schools4 7#b7 ,priority ,a ,state educational agency or local educational agency shall prioritize carrying out the activities specified in subparagraphs 7,a7 through 7,c7 of paragraph 7#a7 in public elementary schools and secondary schools-- 7,a7 in which a disproportionately high percentage of students who have been subjected to disciplinary proceedings or have otherwise experienced the application of such a school's discipline policies1 practices1 and procedures1 relative to such school's total student population1 are students of color or students with disabilities 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja772 7,b7 with a high percentage of in-school suspensions1 out-of-school suspensions1 expulsions1 school-related arrests1 and referrals of students to law enforcement2 7,c7 that lack positive behavioral interventions and supports and other models to improve school climate and culture2 or 7,d7 that have demonstrated meaningful community engagement in selecting models to improve school climate and culture4 7f7 ,evaluation and report 7#a7 ,local educational agency reports ,each local educational agency receiving a subgrant under this section shall1 at the end of the subgrant period for such subgrant1 prepare and submit to the ,state educational agency a report that-- 7,a7 evaluates the progress of the local educational agency toward carrying out the required activities under subsection 7e72 and 7,b7 includes any additional information the ,state educational agency determines necessary to complete the report required under paragraph 7#b74 7#b7 ,state educational agency reports ,each ,state educational agency receiving a grant under this section shall1 at the end of the three-year grant period for such grant1 prepare and submit to the ,secretary a report that-- 7,a7 evaluates the ,state's progress toward carrying out the required activities under subsection 7e72 7,b7 includes data on the impact of the grant program on school climate and culture during such grant period1 including1 with respect to the ,state educational agency1 data on the prevalence of1 and increase or decrease in-- 7i7 exclusionary and aversive discipline practices or interventions1 including in-school suspensions1 out-of-school suspensions1 and expulsions2 7ii7 school-related arrests2 and 7iii7 student referrals to law enforcement2 7,c7 includes the number of high-quality school climate and culture trainings conducted for program personnel during such grant period2 7,d7 describes the models implemented to improve school climate and culture during such grant period2 7,e7 specifies the number of subgrants made under subsection 7d7 and the local educational agencies that were awarded such subgrants2 and 7,f7 includes such information as the ,secretary may require4 7#c7 ,data ,a ,state educational agency shall1 with respect to the data described in paragraph 7#b77;,b7-- 7,a7 cross-tabulate and disaggregate the data in the same manner as under subsection 7b77#c77;,a72 and 7,b7 redact all personally identifiable information from such data4 7#d7 ,publication ,the ,secretary shall make each report under paragraph 7#b7 publicly available on the website of the ,department4 7g7 ,funds available for the ,department of the ,interior ,from the amount appropriated under section #cjf1 the ,secretary shall allocate-- 7#a7 #j4e percent of such funds to the ,secretary of the ,interior for activities under this section with respect to schools operated or funded by the ,department of the ,interior1 under such terms and conditions as the ,secretary may prescribe2 and 7#b7 #j4e of such funds for activities under this section with respect to schools operated in the outlying areas1 under such terms and conditions as the ,secretary may prescribe4 ,,iii ,additional ,provisions #cja4 ,federal regulations 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to reasonably ensure compliance with this ,act4 7b7 ,negotiated rulemaking process ,in carrying out subsection 7a71 the ,secretary shall use a negotiated rulemaking process described in section #afja and section #afjb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fega2 #fegb7 except subparagraph 7,a7 of subsection 7b77#c7 of such section #afja shall apply by substituting establish a negotiated rulemaking process2 for the text of such subparagraph4 #cjb4 ,other schools 7a7 ,department of ,defense ,the ,secretary of ,defense shall ensure that schools operated or funded by the ,department of ,defense ,education ,activity or otherwise operated or funded by the ,department of ,defense for the education of military-connected dependents comply with the regulations promulgated by the ,secretary pursuant to this ,act4 7b7 ,department of the ,interior ,the ,secretary of the ,interior shall ensure that schools operated or funded by the ,department of the ,interior comply with the regulations promulgated by the ,secretary pursuant to this ,act4 #cjc4 ,limitation of authority 7a7 ,in general ,nothing in this ,act shall be construed-- 7#a7 to restrict or limit1 or allow the ,secretary to restrict or limit1 any other rights or remedies otherwise available to students or parents under ,federal1 ,state1 or local law or regulation2 or 7#b7 to restrict or limit ,federal1 ,state1 or local laws1 regulations1 or polices that provide for more stringent prohibitions or limitations on the use of corporal punishment than the prohibitions or limitations that are provided for in this ,act4 7b7 ,law enforcement officer duties ,nothing in this ,act shall be construed to prevent a sworn law enforcement officer from carrying out the duties of the officer under otherwise applicable law4 7c7 ,rule of construction on data collection ,nothing in this ,act shall be construed to affect the collection of information or data authorized under the statutes and regulations implementing title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid et seq471 or the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdja et seq474 #cjd4 ,applicability 7a7 ,private schools ,nothing in this ,act shall be construed to affect any private school that does not receive ,federal financial assistance4 7b7 ,home schools ,nothing in this ,act shall be construed to-- 7#a7 affect a home school1 whether or not a home school is treated as a private school or home school under ,state law2 or 7#b7 consider parents who are schooling a child at home as program personnel4 #cje4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remaining provisions of this ,act and the application of such provisions to any person or circumstance shall not be affected thereby4 #cjf4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act for fiscal year #bjba and each fiscal year thereafter4