,,ii #aacth ,,congress #ast ,session ,s4 #aajh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #f1 #bjac ,ms4 ,hirono 7for herself and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to reauthorize the impact aid program under the ,elementary and ,secondary ,education ,act of #aife4 #a4 ,short title ,this ,act may be cited as the ,local ,taxpayer ,relief ,act4 #b4 ,payments relating to ,federal acquisition of real property 7a7 ,amendments ,section #hjjb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking for a fiscal year ending prior to ,october #a1 #bjjc2 and 7,b7 in the flush text following paragraph 7#b71 by inserting or 7h7 after subsection 7b72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,application of current levied real property tax rate ,in calculating the amount that a local educational agency is eligible to receive for a fiscal year1 the ,secretary shall apply the current levied real property tax rate for current expenditures levied by fiscally independent local educational agencies1 or imputed for fiscally dependent local educational agencies1 to the current annually determined estimated taxable value of such acquired ,federal property as calculated under paragraph 7#c74 2 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,determination of taxable value for eligible ,federal property 7,a7 ,in general ,in determining the total taxable value of such acquired ,federal property for fiscal year #bjaj and each succeeding fiscal year1 the ,secretary shall-- 7i7 first determine the total taxable value for the purpose of levying property tax for school purposes for current expenditures of real property located within the boundaries of such local educational agency2 7ii7 then determine the per acre value of the eligible ,federal property by dividing the total taxable value as determined in clause 7i71 by the difference between the total acres located within the boundaries of the local educational agency and the number of ,federal acres eligible under this section2 and 7iii7 then determine the total taxable value of the eligible ,federal property by multiplying the per acre value as calculated under clause 7ii7 by the number of ,federal acres eligible under this section4 7,b7 ,special rule ,in the case of ,federal property eligible under this section that is within the boundaries of #b or more local educational agencies1 any one of the local educational agencies affected may ask the ,secretary to calculate the per acre value of each local educational agency as provided under subparagraph 7,a7 and apply the average of the per acre values to the acres of the ,federal property to the agency or agencies making such request4 2 7#c7 in subsection 7f71 by striking paragraphs 7#d7 and 7#e72 7#d7 by striking subsection 7g7 and inserting the following3 7g7 ,former districts 7#a7 ,consolidations ,for fiscal year #bjjf and all succeeding fiscal years1 if a local educational agency described in paragraph 7#b7 is formed at any time after #aich by the consolidation of #b or more former school districts1 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 #a or more of those former districts1 as designated by the local educational agency4 7#b7 ,eligible local educational agencies ,a local educational agency referred to in paragraph 7#a7 is-- 7,a7 any local educational agency that1 for fiscal year #aiid or any preceding fiscal year1 applied1 and was determined to be eligible under1 section #b7;c7 of the ,act of ,september #bj1 #aiej 7,public ,law #hgd1 #hast ,congress71 as that section was in effect for that fiscal year2 or 7,b7 a local educational agency formed by the consolidation of #b or more districts1 at least #a of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation1 if-- 7i7 for fiscal years #bjjf through #bjac1 the local educational had notified the ,secretary of the designation not later than #cj days after the date of enactment of the ,local ,taxpayer ,relief ,act2 and 7ii7 for fiscal year #bjad and any subsequent fiscal year1 the local educational agency includes the designation in its application under section #hjje or any timely amendment to such application4 7#c7 ,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 #bjje1 the ,secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry out this subsection4 2 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking ,for pre-#aiie recipients and inserting ,for pre-#bjaj recipients2 and 7ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,in general ,the ,secretary shall first make a foundation payment to each local educational agency that is determined by the ,secretary to be eligible to receive a payment under this section for the fiscal year involved and that filed a timely application1 and met1 or has been determined by statute to meet1 the eligibility requirements of subsection 7a7 for fiscal year #bjji4 7,b7 ,amount 7i7 ,in general ,the amount of a payment under subsection 7b7 for a local educational agency shall be equal to the greater of #ij percent of the payment the local educational agency received from dollars appropriated for fiscal year #bjji or #ij percent of the average payment that the local educational agency received from dollars appropriated for fiscal years #bjjf1 #bjjg1 #bjjh1 and #bjji1 and shall be calculated without regard to the provisions in subsection 7b77#a77;,a77i77,,iii7 or 7b77#a77;,c74 7ii7 ,exception ,in calculating such average payment for a local educational agency that did not receive a payment under subsection 7b7 for #a or more of the fiscal years between fiscal year #bjjf and #bjji1 inclusive1 the lowest such payment made to the agency for fiscal year #bjjf1 #bjjg1 #bjjh1 or #bjji1 shall be treated as the payment that the agency received under subsection 7b7 for each fiscal year for which the agency did not receive such a payment4 2 and 7,b7 by striking paragraphs 7#b7 through 7#d7 and inserting the following3 7#b7 ,foundation payments for new applicants 7,a7 ,first year ,from any amounts remaining after making payments under paragraph 7#a7 and subsection 7i77#a7 for the fiscal year involved1 the ,secretary shall make a payment in an amount determined in accordance with subparagraph 7,c71 to each local educational agency that the ,secretary determines eligible for a payment under this section for a fiscal year after fiscal year #bjji and that did not receive a payment under paragraph 7#a7 for the fiscal year for which such agency was determined eligible for such payment4 7,b7 ,second and succeeding years ,for any succeeding fiscal year after the first fiscal year that a local educational agency receives a foundation payment under subparagraph 7,a71 the amount of the local educational agency's foundation payment under this paragraph for such succeeding fiscal year shall be equal to the local educational agency's foundation payment under this paragraph for the first fiscal year4 7,c7 ,amounts ,the amount of a payment under subparagraph 7,a7 for a local educational agency shall be determined as follows3 7i7 ,calculate the local educational agency's maximum payment under subsection 7b74 7ii7 ,calculate the percentage that the amount appropriated under section #hjad7;a7 for the most recent fiscal year for which the ,secretary has completed making payments under this section is of the total maximum payments for such fiscal year for all local educational agencies eligible for a payment under subsection 7b7 and multiply the agency's maximum payment by such percentage4 7iii7 ,multiply the amount determined under clause 7ii7 by #ij percent4 7,d7 ,insufficient funds ,if the amount appropriated under section #hjad7;a7 of this title is insufficient to pay the full amount determined under this paragraph for all eligible local educational agencies for this fiscal year1 then the ,secretary shall ratably reduce the payment to each local educational agency under this paragraph4 7#c7 ,remaining funds ,from any funds remaining after making payments under paragraphs 7#a7 and 7#b7 for the fiscal year involved1 the ,secretary shall make a payment to each local educational agency that received a foundation payment under paragraph 7#a7 or 7#b7 or subsection 7i77#a71 for the fiscal year involved in an amount that bears the same relation to the remainder as a percentage share determined for the local educational agency 7by dividing the maximum amount that the agency is eligible to receive under subsection 7b7 by the total of the maximum amounts for all such agencies7 bears to the percentage share determined 7in the same manner7 for all local educational agencies eligible to receive a payment under this section for the fiscal year involved1 except that1 for the purpose of calculating a local educational agency's maximum amount under subsection 7b71 data from the most current fiscal year shall be used4 7#d7 ,data ,for each local educational agency that received a payment under this section for fiscal year #bjaj through the fiscal year in which the ,local ,taxpayer ,relief ,act was enacted1 the ,secretary shall not make a payment under paragraph 7#c7 to a local educational agency that fails to submit1 within #fj days of the date the ,secretary notified the agency that the information is needed1 the data necessary to calculate the maximum amount of a payment under subsection 7b7 for that local educational agency4 2 7#f7 by striking subsections 7k7 and 7m72 and 7#g7 by redesignating subsections 7l7 and 7n7 as subsections 7j7 and 7k71 respectively4 7b7 ,effective date ,notwithstanding the date of enactment of this ,act1 the amendments made by this section shall apply to applications submitted for fiscal year #bjaj and all succeeding fiscal years4 #c4 ,payments for eligible federally connected children ,section #hjjc of that ,act 7#bj ,u4,s4,c4 #ggjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting after such agency1 the following3 including those children enrolled in a ,state that has a ,state open enrollment policy 7but not including those children enrolled in a distance learning program not residing within the defined boundaries of the agency712 7,b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,military installation and ,indian housing undergoing renovation or rebuilding 7,a7 ,military installation housing ,beginning in fiscal year #bjad1 in determining the amount of a payment for a local educational agency for children described in paragraph 7#a77;,d77i71 the ,secretary shall consider those children as if they were children described in paragraph 7#a77;,b7 if the ,secretary determines1 on the basis of a certification provided to the ,secretary of ,defense1 that those children would have resided in housing on ,federal property if the housing was not undergoing renovation or rebuilding4 ,the total number of children treated as children described in paragraph 7#a77;,b7 shall not exceed the lessor of-- 7i7 the total number of children eligible under paragraph 7#a77;,b7 for the year prior to the initiation of the housing project on ,federal property undergoing renovation or rebuilding2 or 7ii7 the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made4 7,b7 ,indian lands ,beginning in fiscal year #bjad1 in determining the amount of a payment for a local educational agency that received a payment for children that resided on ,indian lands in accordance with paragraph 7#a77;,c7 for the fiscal year prior to the fiscal year for which the local educational agency is making an application1 the ,secretary shall consider those children to be children described in paragraph 7#a77;,c7 if the ,secretary determines on the basis of certification provided to the ,secretary by a designated representative of the ,secretary of the ,interior or the ,secretary of ,housing and ,urban ,development that those children would have resided in housing on ,indian lands if the housing was not undergoing renovation or rebuilding4 ,the total number of children treated as children described in paragraph 7#a77;,c7 shall not exceed the lessor of-- 7i7 the total number of children eligible under paragraph 7#a77;,c7 for the year prior to the initiation of the housing project on ,indian lands undergoing renovation or rebuilding2 or 7ii7 the total number of federally connected children enrolled in the local educational agency as stated in the application filed for the payment for the year for which the determination is made4 7,c7 ,eligible housing ,renovation or rebuilding shall be defined as projects considered as capitalization1 modernization1 or restoration1 as defined by the ,secretary of ,defense or the ,secretary of the ,interior 7as the case may be7 and are projects that last more than #cj days1 but do not include sustainment projects such as painting1 carpeting1 or minor repairs4 2 and 7,c7 in paragraph 7#e77;,a71 by striking #aihd1 to be children described under paragraph 7#a77;,b7 if the property described is within the fenced security perimeter of the military facility upon which such housing is situated4 and inserting #aihd1 or under lease of off-base property under subchapter ,,iv of chapter #afi of part ,,iv of subtitle 7,a7 of title #aj of the ,united ,states ,code 7#aj ,u4,s4,c4 #bhga et seq47 to be children described under paragraph 7#a77;,b7 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 where such housing is situated42 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b7-- 7,i7 in the subparagraph heading by striking continuing2 7,,ii7 by amending clause 7i7 to read as follows3 7i7 ,in general ,a heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph 7,a7 with respect to a number of children determined under subsection 7a77#a7 if the agency-- 7,i7 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 authority2 7,,ii7 is a local educational agency-- 7aa7 that has an enrollment of children described in subsection 7a77#a7 that constitutes a percentage of the total student enrollment of the agency that is not less than #de percent2 7bb7 that has a per-pupil expenditure that is less than-- 7,,aa7 for an agency that has a total student enrollment of #ejj or more students1 #abe percent of the average per-pupil expenditure of the ,state in which the agency is located2 or 7,,bb7 for an agency that has a total student enrollment of less than #ejj1 #aej percent of the average per-pupil expenditure of the ,state in which the agency is located1 or the average per pupil expenditure of #c or more comparable local educational agencies in the ,state in which the agency is located2 and 7cc7 that is an agency that-- 7,,aa7 has a tax rate for general fund purposes that is at least #ie percent of the average tax rate for general fund purposes of comparable local educational agencies in the ,state2 or 7,,bb7 was eligible to receive a payment under this subsection for fiscal year #bjac and is located in a ,state that by ,state law has eliminated ad valorem tax as a revenue source for local educational agencies2 7,,iii7 is a local educational agency that has a total student enrollment of not less than #be1jjj students1 of which not less than #ej percent are children described in subsection 7a77#a7 and not less than #e1ejj of such children are children described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 or 7,,iv7 is a local educational agency that was eligible for and received a payment under this paragraph in fiscal year #bjab and-- 7aa7 has an enrollment of children described in subsection 7a77#a7 that constitutes a percentage of the total student enrollment of the agency that is not less than #bj percent2 7bb7 for the #c fiscal years preceding the fiscal year for which the determination is made1 the average enrollment of children who are not described in subsection 7a77#a7 and who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act constitutes a percentage of the total student enrollment of the agency that is not less than #fe percent2 and 7cc7 has a tax rate for general fund purposes which is not less than #a4be percent of the average tax rate for general fund purposes for comparable local educational agencies in the ,state4 2 7,,iii7 by amending clause 7ii7 to read as follows3 7ii7 ,loss of eligibility 7,i7 ,in general ,subject to subclause 7,,ii71 a heavily impacted local educational agency that met the requirements of clause 7i7 for a fiscal year shall be ineligible to receive a basic support payment under subparagraph 7,a7 if the agency fails to meet the requirements of clause 7i7 for a subsequent fiscal year1 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 made4 7,,ii7 ,exception ,a local educational agency that is eligible under subparagraph 7,a7 but whose tax rate for general fund purposes falls below #ie percent of the average tax rate for general fund purposes of local educational agencies in the ,state for #b consecutive years shall lose its eligibility and be subject to subclause 7,i74 2 7,,iv7 by amending clause 7iii7 to read as follows3 7iii7 ,application ,with respect to the first year for which a heavily impacted local educational agency described in clause 7i7 applies for a basic support payment under subparagraph 7,a71 or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph 7,a7 after becoming ineligible under clause 7i7 for #a or more preceding fiscal years1 the agency shall apply for such payment at least #a year prior to the start of that fiscal year4 2 and 7,v7 by adding the following after clause 7iii73 7iv7 ,special rule ,notwithstanding clause 7i77,,ii71 a local educational agency shall be considered eligible to receive a basic support payment under subparagraph 7,a7 with respect to the number of children determined under subsection 7a77#a7 if the agency-- 7,i7 has an enrollment of children described in subsection 7a77#a71 including1 for purposes of determining eligibility1 those children described in subparagraphs 7,f7 and ,g7 of such subsection1 that constitutes a percentage of the total student enrollment of the agency that is not less than #ce percent2 and 7,,ii7 was eligible to receive assistance under subsection 7b77#b7 for fiscal year #bjja4 2 7ii7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,maximum amount for heavily impacted local educational agencies 7i7 ,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 units1 as computed under subsection 7a77#b7 and subject to clause 7ii71 multiplied by the greater of-- 7,i7 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 made2 or 7,,ii7 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 made4 7ii7 ,special rule 7,i7 7aa7 ,for a local educational agency with respect to which #ce percent or more of the total student enrollment of the schools of the agency are children described in subparagraph 7,d7 or 7,e7 7or a combination thereof7 of subsection 7a77#a71 and has an enrollment of children described in subparagraph 7,a71 7,b71 or 7,c7 of such subsection equal to at least #aj percent of the agency's total enrollment1 the ,secretary shall calculate the weighted student units of those children described in subparagraph 7,d7 or 7,e7 of such subsection by multiplying the number of such children by a factor of #j4ee4 7bb7 ,for any local educational agency that received a payment under this clause in fiscal year #bjab1 the local educational agency shall not be required to have an enrollment of children described in subparagraph 7,a71 7,b71 or 7,c7 of such subsection equal to at least #aj percent of the agency's total enrollment4 7,,ii7 ,for a local educational agency that has an enrollment of #ajj or fewer children described in subsection 7a77#a71 the ,secretary shall calculate the total number of weighted student units for purposes of subsection 7a77#b7 by multiplying the number of such children by a factor of #a4ge4 7,,iii7 ,for a local educational agency that does not qualify under subparagraph 7,b77i77,i7 of this subsection and has an enrollment of more than #ajj but not more than #a1jjj children described in subsection 7a77#a71 the ,secretary shall calculate the total number of weighted student units for purposes of subsection 7a77#b7 by multiplying the number of such children by a factor of #a4be4 2 7iii7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,maximum amount for large heavily impacted local educational agencies 7i7 7,i7 ,subject to clause 7ii71 the maximum amount that a heavily impacted local educational agency described in subclause 7,,ii7 is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph 7#a77;,c74 7,,ii7 ,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 #be1jjj students1 of which not less than #ej percent are children described in subsection 7a77#a7 and not less than #e1ejj of such children are children described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a74 7ii7 ,for purposes of calculating the maximum amount described in clause 7i71 the factor used in determining the weighted student units under subsection 7a77#b7 with respect to children described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a7 shall be #a4ce4 2 7iv7 by striking subparagraph 7,e72 7v7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7vi7 in subparagraph 7,e7 7as so redesignated by clause 7v77-- 7,i7 by striking clause 7ii72 7,,ii7 by striking 2 and at the end of clause 7i7 and inserting a period2 and 7,,iii7 by striking the ,secretary and all that follows through shall use and inserting the ,secretary shall use2 7vii7 by redesignating subparagraph 7,g7 as subparagraph 7,f72 7viii7 in subparagraph 7,f7 7as so redesignated by clause 7vii771 in the matter preceding clause 7i71 by striking 7,c77i77,,ii77bb7 and inserting 7,b77i77,,ii77bb77,,bb72 7ix7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 and 7x7 in subparagraph 7,g7 7as so redesignated by clause 7ix77-- 7,i7 in clause 7i7-- 7aa7 by striking 7,b71 7,c71 7,d74 or 7,e71 and inserting 7,b71 7,c71 or 7,d712 7bb7 by striking by reason of and inserting due to2 7cc7 by inserting after clause 7iii71 the following3 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 relocation12 and 7dd7 by inserting before the period at the end the following3 or during such time as activities associated with base closure and realignment1 modularization1 force structure change1 or force relocation is ongoing2 and 7,,ii7 in clause 7ii71 by striking 7,d7 or 7,e7 in both places such term appears and inserting 7,c7 or 7,d72 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,b7-- 7,i7 by redesignating clause 7iv7 as clause 7v72 and 7,,ii7 by inserting after clause 7iii7 the following3 7iv7 ,for any local educational agency that is providing a program of distant learning to children not residing within the legally defined boundaries of the agency1 the ,secretary shall disregard such children from such agency's total enrollment when calculating the percentage under subclause 7,i7 of clause 7i7 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 7,,ii7 of clause 7i74 2 7ii7 in subparagraph 7,c71 by striking or 7,e7 of paragraph 7#b71 as the case may be and inserting of paragraph 7#b72 and 7iii7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,ratable distribution ,for any fiscal year described in subparagraph 7,a7 for which the sums available exceed the amount required to pay each local educational agency #ajj 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 7#a7 or 7#b7 7as the case may be7 by multiplying-- 7i7 a percentage1 the denominator of which is the difference between the full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 for all local educational agencies and the amount of the threshold payment as calculated under subparagraphs 7,b7 and 7,c7 of all local educational agencies1 and the numerator of which is the aggregate amount of the excess sums by-- 7ii7 the difference between the full amount computed under paragraph 7#a7 or 7#b7 7as the case may be7 for the agency and the amount of the threshold payment as calculated under subparagraphs 7,b7 and 7,c7 of the agency4 2 7#c7 in subsection 7c71 by amending paragraph 7#b7 to read as follows3 7#b7 ,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-- 7,a7 is newly established by a ,state1 for the first year of operation of such agency only2 7,b7 was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment 7as determined by the ,secretary in consultation with the ,secretary of ,defense1 the ,secretary of ,interior or other ,federal agencies7-- 7i7 of not less than #aj percent1 or #ajj students1 of children described in-- 7,i7 subparagraph 7,a71 7,b71 7,c71 or 7,d7 of subsection 7a77#a72 or 7,,ii7 subparagraph 7,f7 or 7,g7 of subsection 7a77#a71 but only to the extent such children are civilian dependents of employees of the ,department of ,defense or the ,department of ,interior2 and 7ii7 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 agency2 and 7,c7 was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment 7as determined by the ,secretary7-- 7i7 of not less than #aj percent1 or #ajj students1 of children described in subsection 7a77#a72 and 7ii7 that is the direct result of the closure of a local educational agency that received a payment under subsection 7b77#a7 or 7b77#b7 in the previous fiscal year4 2 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,hold harmless 7#a7 ,in general ,subject to paragraph 7#b7 the total amount the ,secretary shall pay a local education agency under subsection 7b7-- 7,a7 for fiscal year #bjad shall not be less than #ie percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b7 or 7b77#b77;,b77ii7 for fiscal year #bjac2 7,b7 for fiscal year #bjae shall not be less than #ij percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b7 or 7b77#b77;,b77ii7 for fiscal year #bjac2 and 7,c7 for fiscal year #bjaf shall not be less than #he percent of the total amount that the local educational agency received under subsection 7b77#a71 7b77#b7 or 7b77#b77;,b77ii7 for fiscal year #bjac4 7#b7 ,maximum payment ,the total amount provided to a local educational agency under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 for a fiscal year shall not exceed the maximum basic support amount for such agency determined under paragraph 7#a7 or 7#b7 of subsection 7b71 as the case may be4 7#c7 ,ratable reduction 7,a7 ,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 7#a7 for such year1 then the ,secretary shall ratably reduce the payments to all such agencies for such year4 7,b7 ,additional funds ,if additional funds become available for making payments under paragraph 7#a7 for such fiscal year1 payments that were reduced under subparagraph 7,a7 shall be increased on the same basis as such payments were reduced4 2 and 7#e7 by striking subsection 7g74 #d4 ,application for payments under sections #hjjb and #hjjc ,section #hjje of that ,act 7#bj ,u4,s4,c4 #ggje7 is amended by adding at the end the following3 7e7 ,student count ,for the purpose of meeting the requirements of section #bbb4ce of the ,code of the ,federal ,regulations1 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 filed4 4 #e4 ,construction ,section #hjjg of that ,act 7#bj ,u4,s4,c4 #ggjg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking #dj percent and inserting #hj percent2 7,b7 in paragraph 7#b7 by adding at the end the following3 7,c7 ,the agency is eligible under section #hjjc7;b77#b7 or is receiving a basic support payment under circumstances described in section #hjjc7;b77#b77;,b77ii74 2 and 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,amount of payments 7,a7 ,local educational 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-- 7i7 7,i7 #dj percent of the amount appropriated under section #hjad7;e7 for such fiscal year2 divided by 7,,ii7 the number of children described in subparagraphs 7,b7 and 7,d77i7 of section 7#hjjc77;a77#a7 who were in average daily attendance for all local educational agencies described in paragraph 7#b71 including the number of children attending a school facility described in section #hjjh7;a7 if the ,secretary does not provide assistance for the school facility under that section for the fiscal year2 multiplied by 7ii7 the number of children determined for such agency2 7,i7 but not less than #be1jjj1 except that this subparagraph shall not apply if the amount available to carry out paragraph 7#a7 for such fiscal year is less than #cb1jjj1jjj2 and 7,,ii7 not more than #d1jjj1jjj4 7,b7 ,local educational agencies impacted by children who reside on ,indian lands ,the amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on ,indian lands for a fiscal year shall be equal to-- 7i7 7,i7 #dj percent of the amount appropriated under section #hjad7;e7 for such fiscal year2 divided by 7,,ii7 the number of children described in section #hjjc7;a77#a77;,c7 who were in average daily attendance for all local educational agencies described in paragraph 7#b72 multiplied by 7ii7 the number of children determined for such agency2 7,i7 but not less than #be1jjj1 except that this subparagraph shall not apply if the amount available to carry out paragraph 7#a7 for such fiscal year is less than #cb1jjj1jjj2 and 7,,ii7 not more than #d1jjj1 #jjj4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking #fj percent and inserting #bj percent2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting after an emergency grant under paragraph 7#b77;,a7 the following3 if the agency is covered by paragraph 7#g71 or2 7ii7 in subparagraph 7,c77i77,i71 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 #hjjc7;a77#a77;,c7 for the agency for the preceding school year constituted at least #dj percent of the total student enrollment in the schools of the agency during the preceding school year42 7iii7 by striking subclause 7,,ii7 of subparagraph 7,d77ii7 and inserting the following3 7,,ii7 ,the number of children determined under section #hjjc7;a77#a77;,c7 for the school for the preceding school year constituted at least #dj percent of the total student enrollment in the school during the preceding school year4 2 7,c7 in paragraph 7#d77;,c71 by striking 7,a71 7,b71 7,c71 and 7,d7 and inserting 7,a7 and 7,c72 7,d7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,e7 by inserting after paragraph 7#f7 the following3 7#g7 ,special rule ,notwithstanding paragraphs 7#c77;,c77i77,i7 and 7#c77;,d77ii77,,ii71 a local educational agency is eligible to receive a grant under this subsection not to exceed #d1jjj1jjj in any one fiscal year if such agency-- 7,a7 was eligible to receive a payment under section #hjjc for the fiscal year prior to the year for which the application is made2 and 7,b7 has had an overall increase in enrollment-- 7i7 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 year2 7ii7 of not less than #bej students or #aj percent 7whichever is lower71 of children described in-- 7,i7 subparagraph 7,a71 7,b71 7,c71 or 7,d7 of section #hjjc7;a77#a72 or 7,,ii7 subparagraph 7,f7 or 7,g7 of section #hjjc7;a77#a71 but only to the extent such children are civilian dependents of employees of the ,department of ,defense2 and 7iii7 that is the direct result of one or more of the following3 7,i7 ,base realignment and closure or global rebasing1 as determined by the ,secretary of ,defense4 7,,ii7 ,force structure changes or force reductions4 7,,iii7 ,an action initiated by the ,secretary of ,interior or head of another ,federal agency4 4 #f4 ,state consideration of payments in providing ,state aid ,section #hjji of that ,act 7#bj ,u4,s4,c4 #ggji7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting before the period at the end the following3 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 section2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,computation 7,a7 ,state currently qualifying ,for purposes of paragraph 7#a71 a program of ,state aid for any ,state qualifying under this section for fiscal year #bjjf equalizes expenditures among local educational agencies if1 in the second fiscal year preceding the fiscal year for which the determination is made the amount of per-pupil expenditures made by1 or per-pupil revenues available to1 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 by1 or per-pupil revenues available to1 the local educational agency in the ,state with the lowest such expenditures or revenues by more than #be percent as calculated under subparagraph 7,b77ii74 7,b7 ,other factors ,notwithstanding regulations in effect prior to the enactment of this subparagraph1 in making a determination under this subparagraph1 the ,secretary shall-- 7i7 arrange all local educational agencies in the ,state by per-pupil expenditures or revenues in descending order from the highest to the lowest2 7ii7 using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the #ieth percentile and those spending below the #eth percentile2 7iii7 identify the local educational agency at the #ieth percentile and the local educational agency at the #eth percentile2 7iv7 subtract the amount of per-pupil expenditures or revenues of the local educational agency at the #eth percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the #ieth percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the #eth percentile2 and 7v7 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 isolated1 or to particular types of students1 such as children with disabilities4 7,c7 ,new ,states applicants 7i7 ,in general ,for purposes of paragraph 7#a71 a program of ,state aid for any ,state equalizing under this section after fiscal year #bjjf equalizes expenditures among local educational agencies if1 in the second fiscal year preceding the fiscal year for which the determination is made1 the amount of per-pupil expenditures made by1 or per-pupil revenues available to1 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 by1 or per-pupil revenues available to1 the local educational agency in the ,state with the lowest such expenditures or revenues by more than #aj percent as calculated under clause 7ii74 7ii7 ,other factors ,in making a determination under this subparagraph1 the ,secretary1 notwithstanding regulations in use prior to the enactment of the ,local ,taxpayer ,relief ,act1 shall-- 7,i7 arrange all local educational agencies in the ,state by per pupil expenditures or revenues in descending order from the highest to the lowest2 7,,ii7 using per-pupil expenditures or revenues as the only criteria disregard those local educational agencies that are spending above the #ieth percentile and those spending below the #eth percentile2 7,,iii7 identify the local educational agency at the #ieth percentile and the local educational agency at the #eth percentile2 7,,iv7 subtract the amount of per-pupil expenditures or revenues of the local educational agency at the #eth percentile from the amount of per-pupil expenditures or revenues of the local educational agency at the #ieth percentile and divide the difference by the per-pupil expenditures or revenues of the local educational agency at the #eth percentile2 and 7,v7 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 agencies1 such as those that are geographically isolated1 or to particular types of students1 such as children with disabilities4 2 and 7#b7 in subsection 7d77#b7-- 7,a7 by striking ,a ,state and inserting the following3 7,a7 ,in general ,a ,state 2 and 7,b7 by adding at the end of the following3 7,b7 ,states that are not equalized states ,a ,state that has not been approved as an equalized ,state under subsection 7b7 shall not consider funds received under section #hjjb or section #hjjc of this title in any ,state formula or place a limit or direct the use of such funds or consider such funds4 4 #g4 ,timely payments ,section #hjaj of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggaj7 is amended by adding at the end the following3 7d7 ,timely payments 7#a7 ,in general ,subject to paragraph 7#b7 the ,secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this title for a fiscal year not later than ,september #cj of the fiscal year following the fiscal year in which such amount has been appropriated if1 not later than #a calendar year following the fiscal year in which such amount has been appropriated1 each local educational agency that is eligible to receive funds under this title for such fiscal year submits to the ,secretary all the data and information necessary for the ,secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year4 7#b7 ,payments with respect to fiscal years in which insufficient funds are appropriated ,for a fiscal year in which the amount appropriated under section #hjad is insufficient to pay the full amount a local educational agency is eligible to receive under this title1 paragraph 7#a7 shall be applied by substituting is available to pay the agency for the agency is eligible to receive each place it appears4 4 #h4 ,definitions ,section #hjac of that ,act 7#bj ,u4,s4,c4 #ggac7 is amended-- 7#a7 in paragraph 7#a7 by striking and ,marine ,corps and inserting ,marine ,corps1 and ,coast ,guard2 7#b7 in paragraph 7#d7-- 7,a7 in the first sentence thereof1 by striking part ,a of title ,i and title ,,vi and inserting title ,i and part ,a of title ,v2 and 7,b7 in the second sentence1 by striking be determined and inserting be made2 7#c7 in paragraph 7#e77;,a7-- 7,a7 in clause 7ii7-- 7i7 in subclause 7,,iv71 by striking 2 or and inserting a semicolon2 7ii7 in subclause 7,v71 by inserting or after the semicolon2 and 7iii7 by adding at the end the following3 7,,vi7 exempt of taxation real property and personal property identified by a local governmental entity1 including ,state government1 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 #aea4d of part #aej of subchapter ,h of title #be1 ,code of ,federal ,regulations2 2 and 7,b7 in clause 7iii7-- 7i7 by amending subsclause 7,,ii7 to read as follows3 7,,ii7 used to provide housing for homeless children at closed military installations pursuant to section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa72 2 and 7ii7 by amending subclause 7,,iii7 to read as follows3 7,,iii7 used for affordable housing assisted under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et4seq472 or 2 7#d7 in paragraph 7#h77;,a71 by inserting commas before and after and verified by2 and 7#e7 in paragraph 7#i7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term local educational agency-- 7i7 means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county1 township1 independent school district1 or other school district2 and 7ii7 includes any ,state agency that directly operates and maintains facilities for providing free public education2 and that except for those local educational agencies determined to be eligible to receive a payment under section #hjjc prior to the date of the enactment of the ,local ,taxpayer ,relief ,act1 when submitting an application under this title for the first time on or after the date of the enactment of such ,act1 has the authority to tax and has boundaries as defined by applicable ,state law for the purposes of levying such taxes1 or has been granted the authority to receive an imputed tax from a city1 county1 township1 or other general purpose political subdivision of a ,state4 2 and 7,b7 in subparagraph 7,b71 in the matter preceding clause 7i71 by inserting a comma after ,secretary determines4 #i4 ,authorization of appropriations ,section #hjad of that ,act 7#bj ,u4,s4,c4 #ggad7 is amended-- 7#a7 in subsection 7a71 by striking #cb1jjj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for fiscal years #bjad through #bjag2 7#b7 in subsection 7b71 by striking #hji1djj1jjj fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for fiscal years #bjad through #bjag2 7#c7 in subsection 7c71 by striking #ej1jjj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for fiscal years #bjad through #bjag2 7#d7 by redesignating subsection 7e7 as subsection 7d72 7#e7 in subsection 7d7 7as so redesignated by paragraph 7#d771 by striking #aj1jeb1jjj for fiscal year #bjjj and such sums as may be necessary for fiscal year #bjja1 #aej1jjj1jjj for fiscal year #bjjb1 and such sums as may be necessary for each of the five succeeding fiscal years and inserting such sums as may be necessary for fiscal years #bjad through #bjag2 7#f7 by redesignating subsection 7f7 as subsection 7e72 7#g7 in subsection 7e7 7as so designated by paragraph 7#f771 by striking #e1jjj1jjj for fiscal year #bjjj and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for fiscal years #bjad through #bjag2 and 7#h7 by adding at the end of the following3 7f7 ,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 section4 4 #aj4 ,additional and conforming amendments 7a7 ,subpart #bj of part d of title v ,subpart #bj 7#bj ,u4,s4,c4 #gbha et seq47 of part ,d of title ,v of that ,act 7relating to additional assistance for certain local educational agencies impacted by ,federal property acquisition7 is repealed4 7b7 ,title ,,viii ,title ,,viii of ,elementary and ,secondary ,education ,act 7#bj ,u4,s4,c4 #ggja et seq47 is further amended-- 7#a7 in section #hjjd 7#bj ,u4,s4,c4 #ggjd7-- 7,a7 in subsection 7e77#a77;,b77i71 by striking involved1 or if and inserting involved or1 if2 and 7,b7 in subsection 7f71 by striking upon and inserting on2 7#b7 in section #hjjh7;a7 7#bj ,u4,s4,c4 #ggjh7;a771 by striking section #hjad7;f7 and inserting 8section #hjad7;e702 7#c7 in section #hjaj 7#bj ,u4,s4,c4 #ggaj7-- 7,a7 in subsection 7b71 by striking require and inserting need2 and 7,b7 in subsection 7c77#a7-- 7i7 in subparagraph 7,a71 by striking paragraph 7#c7 and inserting 8paragraph 7#b702 and 7ii7 in subparagraph 7,b71 by striking paragraph 7#c7 and inserting 8paragraph 7#b702 and 7#d7 in section #hjaa7;a7 7#bj ,u4,s4,c4 #ggaa 7a771 by striking or under and all that follows through of #aiid74