Library / Laws / 113th / hr / H.R. 2296 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2296
IN THE HOUSE OF REPRESENTATIVES
June 6, 2013
Mrs. Noem (for
herself and Mr. Larsen of Washington)
introduced the following bill; which was referred to the
Committee on Education and the
Workforce
A BILL
To reauthorize the impact aid program under the
Elementary and Secondary Education Act of 1965.
1.
Short title
This Act may be cited as the
Local Taxpayer Relief
Act.
2.
Making permanent
the amendments made by the Impact Aid Improvement Act of 2012
Subsection (c) of the Impact Aid Improvement
Act of 2012 (20 U.S.C. 6301 note) is amended—
(1) by striking
paragraphs (1) and (4); and
(2) by redesignating
paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
3.
Purpose
Section 8001 (20 U.S.C. 7701) is amended, in
the matter preceding paragraph (1), by striking challenging State
standards and inserting college and career ready State academic
content and student academic achievement standards under section
1111(a)(1).
4.
Payments relating
to Federal acquisition of real property
(a)
Amendments
Section 8002 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702) is amended—
(1) in subsection (f),
by striking paragraphs (4) and (5);
(2) by striking
subsection (g) and inserting the following:
(g)
Former
districts
(1)
Consolidations
For
fiscal year 2006 and all succeeding fiscal years, if a local educational agency
described in paragraph (2) is formed at any time after 1938 by the
consolidation of 2 or more former school districts, the local educational
agency may elect to have the Secretary determine its eligibility and any amount
for which the local educational agency is eligible under this section for any
fiscal year on the basis of one or more of those former districts, as
designated by the local educational agency.
(2)
Eligible local
educational agencies
A local educational agency referred to in
paragraph (1) is—
(A) any local
educational agency that, for fiscal year 1994 or any preceding fiscal year,
applied, and was determined to be eligible under, section 2(c) of the Act of
September 20, 1950 (Public Law 874, 81st Congress), as that section was in
effect for that fiscal year; or
(B) a local
educational agency formed by the consolidation of 2 or more districts, at least
1 of which was eligible for assistance under this section for the fiscal year
preceding the year of the consolidation, if—
(i) for fiscal years
2006 through 2013, the local educational had notified the Secretary of the
designation not later than 30 days after the date of enactment of the Local
Taxpayer Relief Act; and
(ii) for fiscal year
2014 and any subsequent fiscal year, the local educational agency includes the
designation in its application under section 8005 or any timely amendment to
such application.
(3)
Availability of
funds
Notwithstanding any other provision of law limiting the
period during which the Secretary may obligate funds appropriated for any
fiscal year after 2005, the Secretary may obligate funds remaining after final
payments have been made from any of such fiscal years to carry out this
subsection.
;
(3) by striking
subsections (k) and (m); and
(4) by redesignating
subsections (l) and (n) as subsections (j) and (k), respectively.
(b)
Effective
date
Notwithstanding the date of enactment of this Act, the
amendments made by this section shall apply to applications submitted for
fiscal year 2010 and all succeeding fiscal years.
5.
Payments for
eligible federally connected children
Section 8003 of that Act (20 U.S.C. 7703) is
amended—
(1) in subsection
(a)—
(A) in paragraph (1),
in the matter preceding subparagraph (A), by inserting after such
agency, the following: including those children enrolled in a
State that has a State open enrollment policy (but not including those children
enrolled in a distance learning program not residing within the defined
boundaries of the agency),; and
(B) in paragraph
(5)(A), by striking to be and all the follows through
situated and inserting the following: or under lease of
off-base property under subchapter IV of chapter 169 of title 10, United States
Code, to be children described under paragraph (1)(B) if the property described
is within the fenced security perimeter of the military facility or attached to
and under any type of force protection agreement with the military installation
upon which such housing is situated.;
(2) in subsection
(b)(2)—
(A) in subparagraph
(B)—
(i) in
the subparagraph heading by striking continuing;
(ii) by
amending clause (i) to read as follows:
(i)
In
general
A heavily impacted local educational agency is eligible
to receive a basic support payment under subparagraph (A) with respect to a
number of children determined under subsection (a)(1) if the agency—
(I) is a local
educational agency whose boundaries are the same as a Federal military
installation or the boundaries are the same as island property designated by
the Secretary of the Interior to be property that is held in trust by the
Federal Government and the agency has no taxing authority;
(II) is a local
educational agency—
(aa) that has an
enrollment of children described in subsection (a)(1) that constitutes a
percentage of the total student enrollment of the agency that is not less than
45 percent;
(bb) that has a
per-pupil expenditure that is less than—
(AA) for an agency
that has a total student enrollment of 500 or more students, 125 percent of the
average per-pupil expenditure of the State in which the agency is located;
or
(BB) for an agency
that has a total student enrollment of less than 500, 150 percent of the
average per-pupil expenditure of the State in which the agency is located, or
the average per pupil expenditure of 3 or more comparable local educational
agencies in the State in which the agency is located; and
(cc) that is an agency
that—
(AA) has a tax rate
for general fund purposes that is at least 95 percent of the average tax rate
for general fund purposes of comparable local educational agencies in the
State; or
(BB) was eligible to
receive a payment under this subsection for fiscal year 2013 and is located in
a State that by State law has eliminated ad valorem tax as a revenue source for
local educational agencies;
(III) is a local
educational agency that has a total student enrollment of not less than 25,000
students, of which not less than 50 percent are children described in
subsection (a)(1) and not less than 5,500 of such children are children
described in subparagraphs (A) and (B) of subsection (a)(1); or
(IV) is a local
educational agency that was eligible for and received a payment under this
paragraph in fiscal year 2012 and—
(aa) has
an enrollment of children described in subsection (a)(1) that constitutes a
percentage of the total student enrollment of the agency that is not less than
20 percent;
(bb) for
the 3 fiscal years preceding the fiscal year for which the determination is
made, the average enrollment of children who are not described in subsection
(a)(1) and who are eligible for a free or reduced price lunch under the Richard
B. Russell National School Lunch Act constitutes a percentage of the total
student enrollment of the agency that is not less than 65 percent; and
(cc) has
a tax rate for general fund purposes which is not less than 1.25 percent of the
average tax rate for general fund purposes for comparable local educational
agencies in the State.
;
(iii) by
amending clause (ii) to read as follows:
(ii)
Loss of
eligibility
(I)
In
general
Subject to subclause (II), a heavily impacted local
educational agency that met the requirements of clause (i) for a fiscal year
shall be ineligible to receive a basic support payment under subparagraph (A)
if the agency fails to meet the requirements of clause (i) for a subsequent
fiscal year, except that such agency shall continue to receive a basic support
payment under this paragraph for the fiscal year for which the ineligibility
determination is made.
(II)
Exception
For
a local educational agency that is eligible under subparagraph (A) but whose
tax rate for general fund purposes falls below 95 percent of the average tax
rate for general fund purposes of local educational agencies in the State for
two consecutive years shall lose its eligibility and be subject to subclause
(I).
;
(iv) by
amending clause (iii) to read as follows:
(iii)
Application
With
respect to the first year for which a heavily impacted local educational agency
described in clause (i) applies for a basic support payment under subparagraph
(A), or with respect to the first fiscal year for which a heavily impacted
local educational agency applies for a basic support payment under subparagraph
(A) after becoming ineligible under clause (i) for 1 or more preceding fiscal
years, the agency shall apply for such payment at least 1 year prior to the
start of that fiscal year.
;
and
(v) by adding at the
end the following new clause:
(iv)
Special
rule
Notwithstanding clause (i)(II), a local educational agency
shall be considered eligible to receive a basic support payment under
subparagraph (A) with respect to the number of children determined under
subsection (a)(1) if the agency—
(I) has an enrollment
of children described in subsection (a)(1), including, for purposes of
determining eligibility, those children described in subparagraphs (F) and (G)
of such subsection, that constitutes a percentage of the total student
enrollment of the agency that is not less than 35 percent; and
(II) was eligible to
receive assistance under subsection (b)(2) for fiscal year
2001.
;
(B) by amending
subparagraph (C) to read as follows:
(C)
Maximum amount
for heavily impacted local educational agencies
(i)
In
general
The maximum amount that a heavily impacted local
educational agency is eligible to receive under this paragraph for any fiscal
year is the sum of the total weighted student units, as computed under
subsection (a)(2) and subject to clause (ii), multiplied by the greater
of—
(I) four-fifths of the
average per-pupil expenditure of the State in which the local educational
agency is located for the third fiscal year preceding the fiscal year for which
the determination is made; or
(II) four-fifths of
the average per-pupil expenditure of all of the States for the third fiscal
year preceding the fiscal year for which the determination is made.
(ii)
Special
rule
(I)
(aa) For a local educational
agency with respect to which 35 percent or more of the total student enrollment
of the schools of the agency are children described in subparagraph (D) or (E)
(or a combination thereof) of subsection (a)(1), and has an enrollment of
children described in subparagraph (A), (B), or (C) of such subsection equal to
at least 10 percent of the agency’s total enrollment, the Secretary shall
calculate the weighted student units of those children described in
subparagraph (D) or (E) of such subsection by multiplying the number of such
children by a factor of 0.55.
(bb) For any local educational agency that
received a payment under this clause in fiscal year 2012, the local educational
agency shall not be required to have an enrollment of children described in
subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent
of the agency’s total enrollment.
(II) For a local educational agency that has
an enrollment of 100 or fewer children described in subsection (a)(1), the
Secretary shall calculate the total number of weighted student units for
purposes of subsection (a)(2) by multiplying the number of such children by a
factor of 1.75.
(III) For a local educational agency that
does not qualify under subparagraph (B)(i)(I) of this subsection and has an
enrollment of more than 100 but not more than 1,000 children described in
subsection (a)(1), the Secretary shall calculate the total number of weighted
student units for purposes of subsection (a)(2) by multiplying the number of
such children by a factor of
1.25.
;
(C) by amending
subparagraph (D) to read as follows:
(D)
Maximum amount
for large heavily impacted local educational agencies
(i)
(I) Subject to clause (ii),
the maximum amount that a heavily impacted local educational agency described
in subclause (II) is eligible to receive under this paragraph for any fiscal
year shall be determined in accordance with the formula described in paragraph
(1)(C).
(II) A heavily impacted local
educational agency described in this subclause is a local educational agency
that has a total student enrollment of not less than 25,000 students, of which
not less than 50 percent are children described in subsection (a)(1) and not
less than 5,500 of such children are children described in subparagraphs (A)
and (B) of subsection (a)(1).
(ii) For purposes of calculating the
maximum amount described in clause (i), the factor used in determining the
weighted student units under subsection (a)(2) with respect to children
described in subparagraphs (A) and (B) of subsection (a)(1) shall be
1.35.
;
(D) by striking
subparagraph (E);
(E) by redesignating
subparagraph (F) as subparagraph (E);
(F) in subparagraph
(E) (as so redesignated by subparagraph (G))—
(i) by
striking clause (ii);
(ii) by
striking ; and at the end of clause (i) and inserting a period;
and
(iii) by
striking the Secretary and all that follows through shall
use and inserting the Secretary shall use;
(G) by redesignating
subparagraph (G) as subparagraph (F);
(H) in subparagraph
(F) (as so redesignated by subparagraph (I), in the matter preceding clause
(i), by striking (C)(i)(II)(bb) and inserting
(B)(i)(II)(bb)(BB);
(I) by redesignating
subparagraph (H) as subparagraph (G); and
(J) in subparagraph
(G) (as so redesignated by subparagraph (K)—
(i) in
clause (i)—
(I) by striking
(B), (C), (D). or (E), and inserting (B), (C), or
(D),;
(II) by striking
by reason of and inserting due to;
(III) by inserting
after clause (iii), the following: or as the direct
result of base realignment and closure or modularization as determined by the
Secretary of Defense and force structure change or force relocation,;
and
(IV) by inserting
before the period at the end the following: or during such time as
activities associated with base closure and realignment, modularization, force
structure change, or force relocation is ongoing; and
(ii) in
clause (ii), by striking (D) or (E) in both places such term
appears and inserting (C) or (D);
(3) in subsection
(b)(3)(B)—
(A) by redesignating
clause (iv) as clause (v); and
(B) by inserting after
clause (iii) the following:
(iv) For any local
educational agency that is providing a program of distant learning to children
not residing within the legally defined boundaries of the agency, the Secretary
shall disregard such children from such agency’s total enrollment when
calculating the percentage under subclause (I) of clause (i) and shall
disregard any funds received for such children when calculating the total
current expenditures attributed to the operation of such agency when
calculating the percentage under subclause (II) of clause
(i).
;
(4) in subsection
(b)(3)(C), by striking or (E) of paragraph (2), as the case may
be and inserting of paragraph (2);
(5) by amending
subsection (b)(3)(D) to read as follows:
(D)
Ratable
distribution
For any fiscal year described in subparagraph (A)
for which the sums available exceed the amount required to pay each local
educational agency 100 percent of its threshold payment the Secretary shall
distribute the excess sums to each eligible local educational agency that has
not received its full amount computed under paragraph (1) or (2) (as the case
may be) by multiplying—
(i) a
percentage, the denominator of which is the difference between the full amount
computed under paragraph (1) or (2) (as the case may be) for all local
educational agencies and the amount of the threshold payment as calculated
under subparagraphs (B) and (C) of all local educational agencies, and the
numerator of which is the aggregate amount of the excess sums by—
(ii) the difference
between the full amount computed under paragraph (1) or (2) (as the case may
be) for the agency and the amount of the threshold payment as calculated under
subparagraphs (B) and (C) of the
agency.
;
(6) in subsection (c),
by amending paragraph (2) to read as follows:
(2)
Exception
Calculation
of payments for a local educational agency shall be based on data from the
fiscal year for which the agency is making an application for payment if such
agency—
(A) is newly
established by a State, for the first year of operation of such agency
only;
(B) was eligible to
receive a payment under this section for the previous fiscal year and has had
an overall increase in enrollment (as determined by the Secretary in
consultation with the Secretary of Defense, the Secretary of Interior or other
Federal agencies)—
(i) of
not less than 10 percent, or 100 students, of children described in—
(I) subparagraph (A),
(B), (C), or (D) of subsection (a)(1); or
(II) subparagraph (F)
or (G) of subsection (a)(1), but only to the extent such children are civilian
dependents of employees of the Department of Defense or the Department of
Interior; and
(ii) that is the
direct result of closure or realignment of military installations under the
base closure process or the relocation of members of the Armed Forces and
civilian employees of the Department of Defense as part of force structure
changes or movements of units or personnel between military installations or
because of actions initiated by the Secretary of Interior or head of another
Federal agency; and
(C) was eligible to
receive a payment under this section for the previous fiscal year and has had
an overall increase in enrollment (as determined by the Secretary)—
(i) of
not less than 10 percent, or 100 students, of children described in subsection
(a)(1); and
(ii) that is the
direct result of the closure of a local educational agency that received a
payment under subsection (b)(1) or (b)(2) in the previous fiscal
year.
;
(7) by amending
subsection (e) to read as follows:
(e)
Hold
harmless
(1)
In
general
Subject to paragraph (2) the total amount the Secretary
shall pay a local education agency under subsection (b)—
(A) for fiscal year
2014 shall not be less than 95percent of the total amount that the local
educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii)
for fiscal year 2013;
(B) for fiscal year
2015 shall not be less than 90 percent of the total amount that the local
educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii)
for fiscal year 2013; and
(C) for fiscal year
2016 shall not be less than 85 percent of the total amount that the local
educational agency received under subsection (b)(1), (b)(2) or (b)(2)(B)(ii)
for fiscal year 2013.
(2)
Maximum
payment
The total amount provided to a local educational agency
under subparagraph (A), (B), or (C) of paragraph (1) for a fiscal year shall
not exceed the maximum basic support amount for such agency determined under
paragraph (1) or (2) of subsection (b), as the case may be.
(3)
Ratable
reduction
(A)
In
general
If the sums made available under this title for any
fiscal year are insufficient to pay the full amounts that all local educational
agencies in all States are eligible to receive under paragraph (1) for such
year, then the Secretary shall ratably reduce the payments to all such agencies
for such year.
(B)
Additional
funds
If additional funds become available for making payments
under paragraph (1) for such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis as such payments were
reduced.
;
and
(8) by striking
subsection (g).
6.
Application for
payments under sections 8002 and 8003
Section 8005 of that Act (20 U.S.C. 7705) is
amended by adding at the end the following:
(e)
Student
count
For the purpose of meeting the requirements of section
222.35 of the Code of the Federal Regulations, the Secretary shall establish a
third option for an applicant when counting its federally connected children by
using the date established by the applicant to register the students of such
applicant for the fiscal year for which the application is
filed.
.
7.
Construction
Section 8007 of that Act (20 U.S.C. 7707) is
amended—
(1) in subsection
(a)—
(A) in paragraph (1),
by striking 40 percent and inserting 80
percent;
(B) in paragraph (2)
by adding at the end the following:
(C) The agency is
eligible under section 8003(b)(2) or is receiving a basic support payment under
circumstances described in section
8003(b)(2)(B)(ii).
;
and
(C) by striking
paragraph (3) and inserting the following:
(3)
Amount of
payments
(A)
Local education
agencies impacted by military dependent children
The amount of a
payment to each local educational agency described in this subsection that is
impacted by military dependent children for a fiscal year shall be equal
to—
(i)
(I) 40 percent of the amount
appropriated under section 8014(e) for such fiscal year; divided by
(II) the number of children described in
subparagraphs (B) and (D)(i) of section (8003)(a)(1) who were in average daily
attendance for all local educational agencies described in paragraph (2),
including the number of children attending a school facility described in
section 8008(a) if the Secretary does not provide assistance for the school
facility under that section for the fiscal year; multiplied by
(ii) the number of
children determined for such agency;
(I) but not less than
$25,000, except that this subparagraph shall not apply if the amount available
to carry out paragraph (1) for such fiscal year is less than $32,000,000;
and
(II) not more than
$4,000,000.
(B)
Local
educational agencies impacted by children who reside on Indian
lands
The amount of a payment to each local educational agency
described in the subsection that is impacted by children who reside on Indian
lands for a fiscal year shall be equal to—
(i)
(I) 40 percent of the amount
appropriated under section 8014(e) for such fiscal year; divided by
(II) the number of children described in
section 8003(a)(1)(C) who were in average daily attendance for all local
educational agencies described in paragraph (2); multiplied by
(ii) the number of
children determined for such agency;
(I) but not less than
$25,000, except that this subparagraph shall not apply if the amount available
to carry out paragraph (1) for such fiscal year is less than $32,000,000;
and
(II) not more than
$4,000, 000.
;
and
(2) in subsection
(b)—
(A) in paragraph (1),
in the matter preceding subparagraph (A), by striking 60 percent
and inserting 20 percent;
(B) in paragraph
(3)(A), in the matter preceding clause (i), by inserting after an
emergency grant under paragraph (2)(A) the following: if the
agency is covered by paragraph (7), or;
(C) in paragraph
(3)(C)(i)(I), by striking the agency meets at least one and all
that follows through the period at the end and inserting the number of
children determined under section 8003(a)(1)(C) for the agency for the
preceding school year constituted at least 40 percent of the total student
enrollment in the schools of the agency during the preceding school
year.;
(D) by striking
paragraph (3)(D)(ii)(II) and inserting the following:
(II) The number of
children determined under section 8003(a)(1)(C) for the school for the
preceding school year constituted at least 40 percent of the total student
enrollment in the school during the preceding school
year.
;
(E) in paragraph
(4)(C), by striking (A), (B), (C), and (D) and inserting
(A) and (C);
(F) by redesignating
paragraph (7) as paragraph (8); and
(G) by inserting after
paragraph (6) the following:
(7)
Special
rule
Notwithstanding paragraphs (3)(C)(i)(I) and (3)(D)(ii)(II),
a local educational agency is eligible to receive a grant under this subsection
not to exceed $4,000,000 in any one fiscal year if such agency—
(A) was eligible to
receive a payment under section 8003 for the fiscal year prior to the year for
which the application is made; and
(B) has had an overall
increase in enrollment—
(i) during the period
between the end of the school year preceding the fiscal year for which the
application is made and the beginning of the school year immediately preceding
that school year;
(ii) of not less than
250 students or 10 percent (whichever is lower), are children described
in—
(I) subparagraph (A),
(B), (C), or (D) of section 8003(a)(1); or
(II) subparagraph (F)
or (G) of section 8003(a)(1), but only to the extent such children are civilian
dependents of employees of the Department of Defense; and
(iii) that is the
direct result of one or more of the following:
(I) Base realignment
and closure or global rebasing, as determined by the Secretary of
Defense.
(II) Force structure
changes or force reductions.
(III) An action
initiated by the Secretary of Interior or head of another Federal
agency.
.
8.
State
consideration of payments in providing State aid
Section 8009 of that Act (20 U.S.C. 7709) is
amended—
(1) in subsection
(b)(1), by inserting before the period at the end the following: and for
which the average per pupil expenditure is equal to or greater than the average
per pupil expenditure of all the States in the third fiscal year preceding the
fiscal year for which the State is applying for equalization under the
section;
(2) by amending
subsection (b)(2) to read as follows:
(2)
Computation
(A)
State currently
qualifying
(i)
In
general
For purposes of paragraph (1), a program of State aid for
any State qualifying under this section for fiscal year 2006 equalizes
expenditures among local educational agencies if, in the second fiscal year
preceding the fiscal year for which the determination is made the amount of
per-pupil expenditures made by, or per-pupil revenues available to, the local
educational agency in the State with the highest such per-pupil expenditures or
revenues did not exceed the amount of such per-pupil expenditures made by, or
per-pupil revenues available to, the local educational agency in the State with
the lowest such expenditures or revenues by more than 25 percent as calculated
under clause (ii).
(B)
Other
factors
Notwithstanding regulations in effect prior to the
enactment of this subparagraph, in making a determination under this
subparagraph, the Secretary shall—
(i) arrange all local
educational agencies in the State by per-pupil expenditures or revenues in
descending order from the highest to the lowest;
(ii) using per-pupil
expenditures or revenues as the only criteria disregard those local educational
agencies that are spending above the 95th percentile and those spending below
the 5th percentile;
(iii) identify the
local educational agency at the 95th percentile and the local educational
agency at the 5th percentile;
(iv) subtract the
amount of per-pupil expenditures or revenues of the local educational agency at
the 5th percentile from the amount of per-pupil expenditures or revenues of the
local educational agency at the 95th percentile and divide the difference by
the per-pupil expenditures or revenues of the local educational agency at the
5th percentile; and
(v) take into account
the extent to which a program of State aid reflects the additional cost of
providing free public education in particular types of local educational
agencies such as those that are geographically isolated, or to particular types
of students, such as children with disabilities.
(C)
New States
applicants
(i)
In
general
For purposes of paragraph (1), a program of State aid for
any State equalizing under this section after fiscal year 2006 equalizes
expenditures among local educational agencies if, in the second fiscal year
preceding the fiscal year for which the determination is made, the amount of
per-pupil expenditures made by, or per pupil revenues available to, the local
educational agency in the State with the highest such per-pupil expenditures or
revenues did not exceed the amount of such per-pupil expenditures made by, or
per-pupil revenues available to, the local educational agency in the State with
the lowest such expenditures or revenues by more than 10 percent as calculated
under clause (ii).
(ii)
Other
factors
In making a determination under this subparagraph, the
Secretary notwithstanding regulations in use prior to the enactment of this Act
shall—
(I) arrange all local
educational agencies in the State by per pupil expenditures or revenues in
descending order from the highest to the lowest;
(II) using per-pupil
expenditures or revenues as the only criteria disregard those local educational
agencies that are spending above the 95th percentile and those spending below
the 5th percentile;
(III) identify the
local educational agency at the 95th percentile and the local educational
agency at the 5th percentile;
(IV) subtract the
amount of per-pupil expenditures or revenues of the local educational agency at
the 5th percentile from the amount of per-pupil expenditures or revenues of the
local educational agency at the 95th percentile and divide the difference by
the per-pupil expenditures or revenues of the local educational agency at the
5th percentile; and
(V) take into account
the extent to which a program of State aid reflects the additional cost of
providing free public education in particular types of local educational
agencies, such as those that are geographically isolated, or to particular
types of students, such as children with
disabilities.
;
and
(3) in subsection
(d)(2)—
(A) by striking
A State and inserting the following:
(A)
In
general
A State
;
and
(B) by adding at the
end of the following:
(B)
States that are
not equalized states
A State that has not been approved as an
equalized State under subsection (b) shall not consider funds received under
section 8002 or section 8003 of this title in any State formula or place a
limit or direct the use of such funds or consider such
funds.
.
9.
Definitions
Section 8013 of that Act (20 U.S.C. 7713) is
amended—
(1) in paragraph (1)
by striking and Marine Corps and inserting Marine Corps,
and Coast Guard;
(2) in paragraph
(4)—
(A) in the first
sentence thereof, by striking part (A) of title I and title VI
and inserting title I and part A of title V; and
(B) in the second
sentence, by striking be determined and inserting be
made;
(3) in paragraph
(5)(A)(iii)—
(A) by amending
subsclause (II) to read as follows:
(II) used to provide
housing for homeless children at closed military installations pursuant to
section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411);
;
and
(B) by amending
subclause (III) to read as follows:
(III) used for
affordable housing assisted under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et.seq.);
or
;
(4) in paragraph
(5)(A), by adding at the end the following:
(VI) exempt of
taxation real property and personal property identified by a local governmental
entity, including State government, if upon such property resides a child whose
parents or guardians are certified to live on such property is considered to
meet the eligibility requirements of section 151.4 of part 150 of subchapter H
of title 25, Code of Federal Regulations;
or
;
(5) in paragraph
(8)(A), by inserting commas before and after and verified by;
and
(6) in paragraph
(9)—
(A) by amending
subparagraph (A) to read as follows:
(A)
In
general
Except as provided in subparagraph (C), the term
local educational agency—
(i) means a board of
education or other legally constituted local school authority having
administrative control and direction of free public education in a county,
township, independent school district, or other school district; and
(ii) includes any
State agency that directly operates and maintains facilities for providing free
public education; that except for those local educational agencies determined
to be eligible to receive a payment under section 8003 prior to the date of the
enactment of the Local Taxpayer Relief Act, when submitting an application
under this title for the first time on or after the date of the enactment of
such Act, has the authority to tax and has boundaries as defined by applicable
State law for the purposes of levying such taxes, or has been granted the
authority to receive an imputed tax from a city, county, township, or other
general purpose political subdivision of a
State.
;
and
(B) in subparagraph
(B), by inserting a comma after Secretary determines.
10.
Authorization of
appropriations
Section 8014 of
that Act (20 U.S.C. 7714) is amended—
(1) in subsection (a)
by striking $32,000,000 for fiscal year 2000 and inserting
$63,445,221 fiscal year 2014;
(2) in subsection (b)
by striking $809,400,000 fiscal year 2000 and inserting
$1,093,203,000 for fiscal year 2014;
(3) in subsection (c)
by striking $50,000,000 for fiscal year 2000 and inserting
$45,880,825 for fiscal year 2014;
(4) by redesignating
subsection (e) as subsection (d);
(5) in subsection (d)
(as so redesignated by paragraph (4), by striking $10,052,000
and all that follows through and such sums and inserting
$16,528,637 for fiscal year 2014;
(6) by redesignating
subsection (f) as subsection (e);
(7) in subsection (e)
(as so designated by paragraph (6)), by striking $5,000,000 for fiscal
year 2000 and inserting $4,591,393 for fiscal year 2014;
and
(8) by adding at the
end of the following:
(f)
Allocation of
dollars from previous fiscal years
When final payments are made
for a fiscal year the Secretary shall add any remaining funds to those funds
appropriated for such section for the next fiscal year for the purpose of
making payments subject to the provisions of the applicable
section.
.
11.
Additional and
conforming amendments
(a)
Subpart 20 of
part d of title v
Subpart 15 (20 U.S.C. 7281 et seq.) of part D
of title V of that Act (relating to additional assistance for certain local
educational agencies impacted by Federal property acquisition) is
repealed.
(b)
Title
VIII
Title VIII of Elementary
and Secondary Education Act (20 U.S.C. 7701 et seq.) is further amended—
(1) in section 8004
(20 U.S.C. 7704)—
(A) in subsection
(e)(1)(B)(i), by striking involved, or if and inserting
involved or, if; and
(B) in subsection (f),
by striking upon and inserting on;
(2) in section 8008(a)
(20 U.S.C. 7708(a)), by striking section 8014(f) and inserting
“section 8014(e)”;
(3) in section 8010
(20 U.S.C. 7710)—
(A) in subsection (b),
by striking out require and inserting in lieu thereof
need; and
(B) in subsection
(c)(1)—
(i) in
subparagraph (A), by striking paragraph (3) and inserting
“paragraph (2)”; and
(ii) in
subparagraph (B), by striking paragraph (3) and inserting
“paragraph (2)”; and
(4) in section 8011(a)
(20 U.S.C. 7711 (a)), by striking or under and all that follows
through of 1994).