Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for SB 1704
Barcode 294582
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/07/2012 02:51 PM .
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Senator Wise moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (17) of section
6 1002.20, Florida Statutes, is amended to read:
7 1002.20 K-12 student and parent rights.—Parents of public
8 school students must receive accurate and timely information
9 regarding their child’s academic progress and must be informed
10 of ways they can help their child to succeed in school. K-12
11 students and their parents are afforded numerous statutory
12 rights including, but not limited to, the following:
13 (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
14 (a) Eligibility.—Eligibility requirements for all students
15 participating in high school athletic competition must allow a
16 student to be eligible in the school in which he or she first
17 enrolls each school year, the school in which the student or
18 makes himself or herself a candidate for an athletic team by
19 engaging in practice before enrolling, or the school to which
20 the student has transferred with approval of the district school
21 board, in accordance with the provisions of s. 1006.20(2)(a).
22 Section 2. Section 1006.20, Florida Statutes, is amended to
23 read:
24 1006.20 Athletics in public K-12 schools.—
25 (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
26 School Athletic Association (FHSAA) is designated as the
27 governing nonprofit organization of athletics in Florida public
28 schools. If the FHSAA Florida High School Athletic Association
29 fails to meet the provisions of this section, the commissioner
30 shall designate a nonprofit organization to govern athletics
31 with the approval of the State Board of Education. The FHSAA
32 organization is not to be a state agency as defined in s.
33 120.52. The FHSAA organization shall be subject to the
34 provisions of s. 1006.19. A private school that wishes to engage
35 in high school athletic competition with a public high school
36 may become a member of the FHSAA organization. Any high school
37 in the state, including charter schools, virtual schools, and
38 home education cooperatives, may become a member of the FHSAA
39 and participate in the activities of the FHSAA. However,
40 membership in the FHSAA is not mandatory for any school. The
41 FHSAA may not deny or discourage interscholastic competition
42 between its member schools and non-FHSAA member Florida schools,
43 including members of another athletic governing organization,
44 and may not take any retributory or discriminatory action
45 against any of its member schools that participate in
46 interscholastic competition with non-FHSAA member Florida
47 schools. The FHSAA may not unreasonably withhold its approval of
48 an application to become an affiliate member of the National
49 Federation of State High School Associations submitted by any
50 other organization that governs interscholastic athletic
51 competition in this state. The bylaws of the FHSAA organization
52 are to be the rules by which high school athletic programs in
53 its member schools, and the students who participate in them,
54 are governed, unless otherwise specifically provided by statute.
55 For the purposes of this section, “high school” includes grades
56 6 through 12.
57 (2) ADOPTION OF BYLAWS.—
58 (a) The FHSAA organization shall adopt bylaws that, unless
59 specifically provided by statute, establish eligibility
60 requirements for all students who participate in high school
61 athletic competition in its member schools. The bylaws governing
62 residence and transfer shall allow the student to be eligible in
63 the school in which he or she first enrolls each school year, or
64 the school in which the student makes himself or herself a
65 candidate for an athletic team by engaging in a practice prior
66 to enrolling in the any member school. The bylaws shall also
67 allow the student to be eligible in the school to which the
68 student has transferred during the school year if the transfer
69 is made by a deadline established by the FHSAA, which may not be
70 prior to the date authorized for the beginning of practice for
71 the sport. These transfers shall be allowed pursuant to the
72 district school board policies in the case of transfer to a
73 public school or pursuant to the private school policies in the
74 case of transfer to a private school. The student shall be
75 eligible in that school so long as he or she remains enrolled in
76 that school. Subsequent eligibility shall be determined and
77 enforced through the FHSAA’s organization’s bylaws. Requirements
78 governing eligibility and transfer between member schools shall
79 be applied similarly to public school students and private
80 school students.
81 (b) The FHSAA organization shall adopt bylaws that
82 specifically prohibit the recruiting of students for athletic
83 purposes. The bylaws shall prescribe penalties and an appeals
84 process for athletic recruiting violations. If it is determined
85 that a school has recruited a student in violation of FHSAA
86 bylaws, the FHSAA may require the school to participate in a
87 higher classification for the sport in which the recruited
88 student competes for a minimum of one classification cycle, in
89 addition to any other appropriate fine and sanction imposed on
90 the school, its coaches, or adult representatives who violate
91 recruiting rules. A student may not be declared ineligible based
92 on violation of recruiting rules unless the student or parent
93 has falsified any enrollment or eligibility document or accepted
94 any benefit or any promise of benefit if such benefit is not
95 generally available to the school’s students or family members
96 or is based in any way on athletic interest, potential, or
97 performance.
98 (c) The FHSAA organization shall adopt bylaws that require
99 all students participating in interscholastic athletic
100 competition or who are candidates for an interscholastic
101 athletic team to satisfactorily pass a medical evaluation each
102 year prior to participating in interscholastic athletic
103 competition or engaging in any practice, tryout, workout, or
104 other physical activity associated with the student’s candidacy
105 for an interscholastic athletic team. Such medical evaluation
106 may can only be administered only by a practitioner licensed
107 under the provisions of chapter 458, chapter 459, chapter 460,
108 or s. 464.012, and in good standing with the practitioner’s
109 regulatory board. The bylaws shall establish requirements for
110 eliciting a student’s medical history and performing the medical
111 evaluation required under this paragraph, which shall include a
112 physical assessment of the student’s physical capabilities to
113 participate in interscholastic athletic competition as contained
114 in a uniform preparticipation physical evaluation and history
115 form. The evaluation form shall incorporate the recommendations
116 of the American Heart Association for participation
117 cardiovascular screening and shall provide a place for the
118 signature of the practitioner performing the evaluation with an
119 attestation that each examination procedure listed on the form
120 was performed by the practitioner or by someone under the direct
121 supervision of the practitioner. The form shall also contain a
122 place for the practitioner to indicate if a referral to another
123 practitioner was made in lieu of completion of a certain
124 examination procedure. The form shall provide a place for the
125 practitioner to whom the student was referred to complete the
126 remaining sections and attest to that portion of the
127 examination. The preparticipation physical evaluation form shall
128 advise students to complete a cardiovascular assessment and
129 shall include information concerning alternative cardiovascular
130 evaluation and diagnostic tests. Results of such medical
131 evaluation must be provided to the school. No student shall be
132 eligible to participate in any interscholastic athletic
133 competition or engage in any practice, tryout, workout, or other
134 physical activity associated with the student’s candidacy for an
135 interscholastic athletic team until the results of the medical
136 evaluation have been received and approved by the school.
137 (d) Notwithstanding the provisions of paragraph (c), a
138 student may participate in interscholastic athletic competition
139 or be a candidate for an interscholastic athletic team if the
140 parent of the student objects in writing to the student
141 undergoing a medical evaluation because such evaluation is
142 contrary to his or her religious tenets or practices. However,
143 in such case, there shall be no liability on the part of any
144 person or entity in a position to otherwise rely on the results
145 of such medical evaluation for any damages resulting from the
146 student’s injury or death arising directly from the student’s
147 participation in interscholastic athletics where an undisclosed
148 medical condition that would have been revealed in the medical
149 evaluation is a proximate cause of the injury or death.
150 (e) The FHSAA shall adopt bylaws that regulate persons who
151 conduct investigations on behalf of the FHSAA. The bylaws shall
152 include provisions that require an investigator to:
153 1. Undergo level 2 background screening under s. 435.04,
154 establishing that the investigator has not committed any
155 disqualifying offense listed in s. 435.04, unless the
156 investigator can provide proof of compliance with level 2
157 screening standards submitted within the previous 5 years to
158 meet any professional licensure requirements, provided:
159 a. The investigator has not had a break in service from a
160 position that requires level 2 screening for more than 90 days;
161 and
162 b. The investigator submits, under penalty of perjury, an
163 affidavit verifying that the investigator has not committed any
164 disqualifying offense listed in s. 435.04 and is in full
165 compliance with this paragraph.
166 2. Be appointed as an investigator by the executive
167 director.
168 3. Carry a photo identification card that shows the FHSAA
169 name, logo, and the investigator’s official title.
170 4. Adhere to the following guidelines:
171 a. Investigate only those alleged violations assigned by
172 the executive director or the board of directors.
173 b. Conduct interviews on Monday through Friday between the
174 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
175 the interviewee.
176 c. Allow the parent of any student being interviewed to be
177 present during the interview.
178 d. Search residences or other private areas only with the
179 permission of the executive director and the written consent of
180 the student’s parent and only with a parent or a representative
181 of the parent present.
182 (f) The FHSAA shall adopt bylaws that establish sanctions
183 for coaches who have committed major violations of the FHSAA’s
184 bylaws and policies.
185 1. Major violations include, but are not limited to,
186 knowingly allowing an ineligible student to participate in a
187 contest representing a member school in an interscholastic
188 contest or committing a violation of the FHSAA’s recruiting or
189 sportsmanship policies.
190 2. Sanctions placed upon an individual coach may include,
191 but are not limited to, prohibiting or suspending the coach from
192 coaching, participating in, or attending any athletic activity
193 sponsored, recognized, or sanctioned by the FHSAA and the member
194 school for which the coach committed the violation. If a coach
195 is sanctioned by the FHSAA and the coach transfers to another
196 member school, those sanctions remain in full force and effect
197 during the term of the sanction.
198 3. If a member school is assessed a financial penalty as a
199 result of a coach committing a major violation, the coach shall
200 reimburse the member school before being allowed to coach,
201 participate in, or attend any athletic activity sponsored,
202 recognized, or sanctioned by the FHSAA and a member school.
203 4. The FHSAA shall establish a due process procedure for
204 coaches sanctioned under this paragraph, consistent with the
205 appeals procedures set forth in subsection (7).
206 (g) The FHSAA shall adopt bylaws establishing the process
207 and standards by which FHSAA determinations of eligibility are
208 made. Such bylaws shall provide that:
209 1. Ineligibility must be established by clear and
210 convincing evidence;
211 2. Student athletes, parents, and schools must have notice
212 of the initiation of any investigation or other inquiry into
213 eligibility and may present, to the investigator and to the
214 individual making the eligibility determination, any information
215 or evidence that is credible, persuasive, and of a kind
216 reasonably prudent persons rely upon in the conduct of serious
217 affairs;
218 3. An investigator may not determine matters of eligibility
219 but must submit information and evidence to the executive
220 director or a person designated by the executive director or by
221 the board of directors for an unbiased and objective
222 determination of eligibility; and
223 4. A determination of ineligibility must be made in
224 writing, setting forth the findings of fact and specific
225 violation upon which the decision is based.
226 (h) In lieu of bylaws adopted under paragraph (g), the
227 FHSAA may adopt bylaws providing as a minimum the procedural
228 safeguards of ss. 120.569 and 120.57, making appropriate
229 provision for appointment of unbiased and qualified hearing
230 officers.
231 (i) The FHSAA bylaws may not limit the competition of
232 student athletes prospectively for rule violations of their
233 school or its coaches or their adult representatives. The FHSAA
234 bylaws may not unfairly punish student athletes for eligibility
235 or recruiting violations perpetrated by a teammate, coach, or
236 administrator. Contests may not be forfeited for inadvertent
237 eligibility violations unless the coach or a school
238 administrator should have known of the violation. Contests may
239 not be forfeited for other eligibility violations or recruiting
240 violations in excess of the number of contests that the coaches
241 and adult representatives responsible for the violations are
242 prospectively suspended.
243 (3) GOVERNING STRUCTURE OF THE ORGANIZATION.—
244 (a) The FHSAA organization shall operate as a
245 representative democracy in which the sovereign authority is
246 within its member schools. Except as provided in this section,
247 the FHSAA organization shall govern its affairs through its
248 bylaws.
249 (b) Each member school, on its annual application for
250 membership, shall name its official representative to the FHSAA
251 organization. This representative must be either the school
252 principal or his or her designee. That designee must either be
253 an assistant principal or athletic director housed within that
254 same school.
255 (c) The FHSAA’s organization’s membership shall be divided
256 along existing county lines into four contiguous and compact
257 administrative regions, each containing an equal or nearly equal
258 number of member schools to ensure equitable representation on
259 the FHSAA’s organization’s board of directors, representative
260 assembly, and appeals committees committee on appeals.
261 (4) BOARD OF DIRECTORS.—
262 (a) The executive authority of the FHSAA organization shall
263 be vested in its board of directors. Any entity that appoints
264 members to the board of directors shall examine the ethnic and
265 demographic composition of the board when selecting candidates
266 for appointment and shall, to the greatest extent possible, make
267 appointments that reflect state demographic and population
268 trends. The board of directors shall be composed of 16 persons,
269 as follows:
270 1. Four public member school representatives, one elected
271 from among its public school representative members within each
272 of the four administrative regions.
273 2. Four nonpublic member school representatives, one
274 elected from among its nonpublic school representative members
275 within each of the four administrative regions.
276 3. Three representatives appointed by the commissioner, one
277 appointed from the two northernmost administrative regions and
278 one appointed from the two southernmost administrative regions.
279 The third representative shall be appointed to balance the board
280 for diversity or state population trends, or both.
281 4. Two district school superintendents, one elected from
282 the two northernmost administrative regions by the members in
283 those regions and one elected from the two southernmost
284 administrative regions by the members in those regions.
285 5. Two district school board members, one elected from the
286 two northernmost administrative regions by the members in those
287 regions and one elected from the two southernmost administrative
288 regions by the members in those regions.
289 6. The commissioner or his or her designee from the
290 department executive staff.
291 (b) A quorum of the board of directors shall consist of
292 nine members.
293 (c) The board of directors shall elect a president and a
294 vice president from among its members. These officers shall also
295 serve as officers of the FHSAA organization.
296 (d) Members of the board of directors shall serve terms of
297 3 years and are eligible to succeed themselves only once. A
298 member of the board of directors, other than the commissioner or
299 his or her designee, may serve a maximum of 6 consecutive years.
300 The FHSAA’s organization’s bylaws shall establish a rotation of
301 terms to ensure that a majority of the members’ terms do not
302 expire concurrently.
303 (e) The authority and duties of the board of directors,
304 acting as a body and in accordance with the FHSAA’s
305 organization’s bylaws, are as follows:
306 1. To act as the incorporated FHSAA’s organization’s board
307 of directors and to fulfill its obligations as required by the
308 FHSAA’s organization’s charter and articles of incorporation.
309 2. To establish such guidelines, regulations, policies, and
310 procedures as are authorized by the bylaws.
311 3. To employ provide an FHSAA executive director
312 organization commissioner, who shall have the authority to waive
313 the bylaws of the FHSAA organization in order to comply with
314 statutory changes.
315 4. To levy annual dues and other fees and to set the
316 percentage of contest receipts to be collected by the FHSAA
317 organization.
318 5. To approve the budget of the FHSAA organization.
319 6. To organize and conduct statewide interscholastic
320 competitions, which may or may not lead to state championships,
321 and to establish the terms and conditions for these
322 competitions.
323 7. To act as an administrative board in the interpretation
324 of, and final decision on, all questions and appeals arising
325 from the directing of interscholastic athletics of member
326 schools.
327 (5) REPRESENTATIVE ASSEMBLY.—
328 (a) The legislative authority of the FHSAA organization is
329 vested in its representative assembly.
330 (b) The representative assembly shall be composed of the
331 following:
332 1. An equal number of member school representatives from
333 each of the four administrative regions.
334 2. Four district school superintendents, one elected from
335 each of the four administrative regions by the district school
336 superintendents in their respective administrative regions.
337 3. Four district school board members, one elected from
338 each of the four administrative regions by the district school
339 board members in their respective administrative regions.
340 4. The commissioner or his or her designee from the
341 department executive staff.
342 (c) The FHSAA’s organization’s bylaws shall establish the
343 number of member school representatives to serve in the
344 representative assembly from each of the four administrative
345 regions and shall establish the method for their selection.
346 (d) No member of the board of directors other than the
347 commissioner or his or her designee can serve in the
348 representative assembly.
349 (e) The representative assembly shall elect a chairperson
350 and a vice chairperson from among its members.
351 (f) Elected members of the representative assembly shall
352 serve terms of 2 years and are eligible to succeed themselves
353 for two additional terms. An elected member, other than the
354 commissioner or his or her designee, may serve a maximum of 6
355 consecutive years in the representative assembly.
356 (g) A quorum of the representative assembly consists of one
357 more than half of its members.
358 (h) The authority of the representative assembly is limited
359 to its sole duty, which is to consider, adopt, or reject any
360 proposed amendments to the FHSAA’s organization’s bylaws.
361 (i) The representative assembly shall meet as a body
362 annually. A two-thirds majority of the votes cast by members
363 present is required for passage of any proposal.
364 (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
365 (a) The FHSAA organization shall establish, sustain, fund,
366 and provide staff support to a public liaison advisory committee
367 composed of the following:
368 1. The commissioner or his or her designee.
369 2. A member public school principal.
370 3. A member private school principal.
371 4. A member school principal who is a member of a racial
372 minority.
373 5. An active athletic director.
374 6. An active coach, who is employed full time by a member
375 school.
376 7. A student athlete.
377 8. A district school superintendent.
378 9. A district school board member.
379 10. A member of the Florida House of Representatives.
380 11. A member of the Florida Senate.
381 12. A parent of a high school student.
382 13. A member of a home education association.
383 14. A representative of the business community.
384 15. A representative of the news media.
385 (b) No member of the board of directors, committee on
386 appeals, or representative assembly is eligible to serve on the
387 public liaison advisory committee.
388 (c) The public liaison advisory committee shall elect a
389 chairperson and vice chairperson from among its members.
390 (d) The authority and duties of the public liaison advisory
391 committee are as follows:
392 1. To act as a conduit through which the general public may
393 have input into the decisionmaking process of the FHSAA
394 organization and to assist the FHSAA organization in the
395 development of procedures regarding the receipt of public input
396 and disposition of complaints related to high school athletic
397 and competition programs.
398 2. To conduct public hearings annually in each of the four
399 administrative regions during which interested parties may
400 address issues regarding the effectiveness of the rules,
401 operation, and management of the FHSAA organization.
402 3. To conduct an annual evaluation of the FHSAA
403 organization as a whole and present a report of its findings,
404 conclusion, and recommendations to the board of directors, to
405 the commissioner, and to the respective education committees of
406 the Florida Senate and the Florida House of Representatives. The
407 recommendations must delineate policies and procedures that will
408 improve the implementation and oversight of high school athletic
409 programs by the FHSAA organization.
410 (e) The public liaison advisory committee shall meet four
411 times annually. Additional meetings may be called by the
412 committee chairperson, the FHSAA organization president, or the
413 FHSAA executive director organization commissioner.
414 (7) APPEALS.—
415 (a) The FHSAA organization shall establish a procedure of
416 due process which ensures each student the opportunity to appeal
417 an unfavorable ruling with regard to his or her eligibility to
418 compete. The initial appeal shall be made to a committee on
419 appeals within the administrative region in which the student
420 lives. The FHSAA’s organization’s bylaws shall establish the
421 number, size, and composition of each the committee on appeals.
422 (b) No member of the board of directors is eligible to
423 serve on a the committee on appeals.
424 (c) Members of a the committee on appeals shall serve terms
425 of 3 years and are eligible to succeed themselves only once. A
426 member of a the committee on appeals may serve a maximum of 6
427 consecutive years. The FHSAA’s organization’s bylaws shall
428 establish a rotation of terms to ensure that a majority of the
429 members’ terms do not expire concurrently.
430 (d) The authority and duties of a the committee on appeals
431 shall be to consider requests by member schools seeking
432 exceptions to bylaws and regulations, to hear undue hardship
433 eligibility cases filed by member schools on behalf of student
434 athletes, and to hear appeals filed by member schools or student
435 athletes.
436 (e) A student athlete or member school that receives an
437 unfavorable ruling from a committee on appeals shall be entitled
438 to appeal that decision to the board of directors at its next
439 regularly scheduled meeting or called meeting. The board of
440 directors shall have the authority to uphold, reverse, or amend
441 the decision of the committee on appeals. In all such cases, the
442 decision of the board of directors shall be final.
443 (f) The FHSAA shall expedite the appeals process on
444 determinations of ineligibility so that disposition of the
445 appeal can be made before the end of the applicable sports
446 season, if possible.
447 (g) In any appeal from a decision on eligibility made by
448 the executive director or a designee, a school or student
449 athlete filing the appeal must be permitted to present
450 information and evidence that was not available at the time of
451 the initial determination or if the determination was not made
452 by an unbiased, objective individual using a process allowing
453 full due process rights to be heard and to present evidence. If
454 evidence is presented on appeal, a de novo decision must be made
455 by the committee or board hearing the appeal, or the
456 determination may be suspended and the matter remanded for a new
457 determination based on all the evidence. If a de novo decision
458 is made on appeal, the decision must be made in writing, setting
459 forth the findings of fact and specific violation upon which the
460 decision is based. If a de novo decision is not required, the
461 decision appealed must be set aside if the decision on
462 ineligibility was not based on clear and convincing evidence.
463 Any further appeal shall be considered on a record that includes
464 all evidence presented.
465 (8) AMENDMENT OF BYLAWS.—Each member school representative,
466 the board of directors acting as a whole or as members acting
467 individually, any advisory committee acting as a whole to be
468 established by the FHSAA organization, and the FHSAA’s executive
469 director organization’s commissioner are empowered to propose
470 amendments to the bylaws. Any other individual may propose an
471 amendment by securing the sponsorship of any of the
472 aforementioned individuals or bodies. All proposed amendments
473 must be submitted directly to the representative assembly for
474 its consideration. The representative assembly, while empowered
475 to adopt, reject, or revise proposed amendments, may not, in and
476 of itself, as a body be allowed to propose any amendment for its
477 own consideration.
478 (9) RULES ADOPTION.—The bylaws of the organization shall
479 require member schools to adopt rules for sports, which have
480 been established by a nationally recognized sanctioning body,
481 unless waived by at least a two-thirds vote of the board of
482 directors.
483 Section 3. Paragraph (g) is added to subsection (2) of
484 section 1012.468, Florida Statutes, to read:
485 1012.468 Exceptions to certain fingerprinting and criminal
486 history checks.—
487 (2) A district school board shall exempt from the screening
488 requirements set forth in ss. 1012.465 and 1012.467 the
489 following noninstructional contractors:
490 (g) An investigator for the Florida High School Athletic
491 Association (FHSAA) who meets the requirements under s.
492 1006.20(2)(e).
493 Section 4. This act shall take effect July 1, 2012.
494
495 ================= T I T L E A M E N D M E N T ================
496 And the title is amended as follows:
497 Delete everything before the enacting clause
498 and insert:
499 A bill to be entitled
500 An act relating to high school athletics; amending s.
501 1002.20, F.S.; conforming provisions; amending s.
502 1006.20, F.S.; authorizing high schools, including
503 charter schools, virtual schools, and home education
504 cooperatives, to become members of the Florida High
505 School Athletic Association; prohibiting the FHSAA
506 from taking retributory or discriminatory action
507 against any of its member schools under certain
508 circumstances; prohibiting the FHSAA from withholding
509 approval of any other athletic organization that
510 governs athletic competition in the state; requiring
511 the FHSAA to adopt bylaws to allow a student who
512 transfers schools to be eligible to participate in
513 athletics if certain conditions are met; authorizing
514 certain penalties for a recruiting violation;
515 requiring the FHSAA to adopt bylaws to regulate
516 investigators and sanction coaches who commit major
517 violations; specifying sanctions and procedures;
518 requiring the FHSAA to adopt bylaws establishing the
519 process and standards by which determinations of
520 eligibility are made; authorizing the FHSAA to adopt
521 bylaws providing certain procedural safeguards;
522 prohibiting FHSAA bylaws from prospectively limiting
523 the competition of certain student athletes and from
524 unfairly punishing student athletes for violations
525 perpetrated by a teammate, coach, or administrator;
526 providing requirements for the forfeiture of contests
527 under certain conditions; requiring an expedited
528 appeals process on determinations of ineligibility;
529 authorizing a school or student athlete filing an
530 appeal to present information and evidence; providing
531 requirements for de novo decisions on appeal; deleting
532 provisions relating to rule adoption; amending s.
533 1012.468, F.S.; providing background screening
534 exceptions for certain investigators for the FHSAA;
535 providing an effective date.