I 

113TH CONGRESS 

1ST SESSION H. R. 2378 

To reauthorize the Impact Aid Program under the Elementary and Secondary 

Education Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2013 

Mr. MULLIN (for himself, Mr. BUCSHON, and Mr. O’ROURKE) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Impact Aid Fairness 

5 and Equity Act of 2013’’. 

6 SEC. 2. AMENDMENTS TO THE IMPACT AID IMPROVEMENT 

7 ACT OF 2012. 

8 Section 563(c) of the National Defense Authorization 

9 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

10 1748) is amended— 

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1 (1) in paragraphs (1), by inserting ‘‘paragraphs 

2 (2) and (3) of’’ before ‘‘subsection (b)’’; and 

3 (2) in paragraph (4), by inserting ‘‘paragraphs 

4 (2) and (3) of’’ before ‘‘subsection (b)’’. 

5 SEC. 3. AMENDMENTS TO SECTION 8002 (PAYMENTS RELAT6 ING TO FEDERAL ACQUISITION OF REAL 

7 PROPERTY) OF THE ESEA. 

8 Section 8002(a) of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 7702) is amended— 

10 (1) in paragraph (1), by amending subpara11 graph (C) to read as follows: 

12 ‘‘(C) had an assessed value (according to 

13 original records (including reproductions of 

14 those records) documenting the assessed value 

15 of such property (determined as of the time or 

16 times when so acquired) prepared by the local 

17 official referred to in subsection (b)(3) or, when 

18 such original records are not available due to 

19 unintentional destruction (such as natural dis20 aster, fire, flooding, pest infestation, or deterio21 ration due to age), other records, including 

22 Federal agency records, local historical records, 

23 or other records that the Secretary determines 

24 to be appropriate and reliable) aggregating 10 

25 percent or more of the assessed value of— 

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1 ‘‘(i) all real property in the local edu2 cational agency (similarly determined as of 

3 the time or times when such Federal prop4 erty was so acquired); or 

5 ‘‘(ii) all real property in the local edu6 cational agency as assessed in the first 

7 year preceding or succeeding acquisition, 

8 whichever is greater, only if— 

9 ‘‘(I) the assessment of all real 

10 property in the local educational agen11 cy is not made at the same time or 

12 times that such Federal property was 

13 so acquired and assessed; and 

14 ‘‘(II) State law requires an as15 sessment be made of property so ac16 quired; and’’; and 

17 (2) by amending paragraph (2) to read as fol18 lows: 

19 ‘‘(2) that such agency is not being substantially 

20 compensated for the loss in revenue resulting from 

21 such ownership by increases in revenue accruing to 

22 the agency from the conduct of Federal activities 

23 with respect to such Federal property, then such 

24 agency shall be eligible to receive the amount de25 scribed in subsection (b).’’. 

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1 SEC. 4. AMENDMENTS TO SECTION 8003 (PAYMENTS FOR 

2 ELIGIBLE FEDERALLY CONNECTED CHIL3 DREN) OF THE ESEA. 

4 Section 8003 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 7703) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), in the matter pre8 ceding subparagraph (A), by inserting after 

9 ‘‘such agency,’’ the following: ‘‘including those 

10 children enrolled in a State that has a State 

11 open enrollment policy (but not including chil12 dren enrolled in a distance learning program 

13 not residing within the defined boundaries of 

14 the agency),’’; 

15 (2) subsection (b)(2)— 

16 (A) in subparagraph (B)— 

17 (i) in the subparagraph heading, by 

18 striking ‘‘CONTINUING’’; 

19 (ii) by amending clause (i) to read as 

20 follows: 

21 ‘‘(i) IN GENERAL.—A heavily im22 pacted local educational agency is eligible 

23 to receive a basic support payment under 

24 subparagraph (A) with respect to a num25 ber of children determined under sub26 section (a)(1) if the agency— 

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1 ‘‘(I) is a local educational agency 

2 whose boundaries are the same as a 

3 Federal military installation or the 

4 boundaries are the same as island 

5 property designated by the Secretary 

6 of the Interior to be property that is 

7 held in trust by the Federal Govern8 ment and the agency has no taxing 

9 authority; 

10 ‘‘(II) is a local educational agen11 cy— 

12 ‘‘(aa) that has an enrollment 

13 of children described in sub14 section (a)(1) that constitutes a 

15 percentage of the total student 

16 enrollment of the agency that is 

17 not less than 45 percent; 

18 ‘‘(bb) that has a per-pupil 

19 expenditure that is less than— 

20 ‘‘(AA) for an agency 

21 that has a total student en22 rollment of 500 or more stu23 dents, 125 percent of the av24 erage per-pupil expenditure 

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1 of the State in which the 

2 agency is located; or 

3 ‘‘(BB) for an agency 

4 that has a total student en5 rollment of less than 500, 

6 150 percent of the average 

7 per-pupil expenditure of the 

8 State in which the agency is 

9 located, or the average per10 pupil expenditure of 3 or 

11 more comparable local edu12 cational agencies in the 

13 State in which the agency is 

14 located; and 

15 ‘‘(cc) that is an agency 

16 that— 

17 ‘‘(AA) has a tax rate 

18 for general fund purposes 

19 that is at least 95 percent of 

20 the average tax rate for gen21 eral fund purposes of com22 parable local educational 

23 agencies in the State; or 

24 ‘‘(BB) was eligible to 

25 receive a payment under this 

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1 subsection for fiscal year 

2 2008 and is located in a 

3 State that by State law has 

4 eliminated ad valorem tax as 

5 a revenue source for local 

6 educational agencies; 

7 ‘‘(III) is a local educational agen8 cy that has a total student enrollment 

9 of not less than 25,000 students, of 

10 which not less than 50 percent are 

11 children described in subsection (a)(1) 

12 and not less than 5,500 of such chil13 dren are children described in sub14 paragraphs (A) and (B) of subsection 

15 (a)(1); or 

16 ‘‘(IV) is a local educational agen17 cy that— 

18 ‘‘(aa) has an enrollment of 

19 children described in subsection 

20 (a)(1) that constitutes a percent21 age of the total student enroll22 ment of the agency that is not 

23 less than 20 percent; 

24 ‘‘(bb) for the 3 fiscal years 

25 preceding the fiscal year for 

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1 which the determination is made, 

2 the average enrollment of chil3 dren who are not described in 

4 subsection (a)(1) and who are eli5 gible for a free or reduced price 

6 lunch under the Richard B. Rus7 sell National School Lunch Act 

8 constitutes a percentage of the 

9 total student enrollment of the 

10 agency that is not less than 65 

11 percent; and 

12 ‘‘(cc) has a tax rate for gen13 eral fund purposes which is not 

14 less than 1.25 percent of the av15 erage tax rate for general fund 

16 purposes for comparable local 

17 educational agencies in the 

18 State.’’; and 

19 (iii) by amending clause (ii) to read as 

20 follows: 

21 ‘‘(ii) LOSS OF ELIGIBILITY.— 

22 ‘‘(I) IN GENERAL.—Subject to 

23 subclause (II), a heavily impacted 

24 local education agency that met the 

25 requirements of clause (i) for a fiscal 

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1 year shall be ineligible to receive a 

2 basic support payment under subpara3 graph (A) if the agency fails to meet 

4 the requirements of clause (i) for a 

5 subsequent fiscal year, except that 

6 such agency shall continue to receive 

7 a basic support payment under this 

8 paragraph for the fiscal year for 

9 which the ineligibility determination is 

10 made. 

11 ‘‘(II) EXCEPTION.—For a local 

12 educational agency that is eligible 

13 under subparagraph (A) but whose 

14 tax rate for general fund purposes 

15 falls below 95 percent of the average 

16 tax rate for general fund purposes of 

17 local educational agencies in the State 

18 for two consecutive years shall lose its 

19 eligibility and be subject to subclause 

20 (I).’’; and 

21 (iv) by adding at the end, the fol22 lowing: 

23 ‘‘(iv) SPECIAL RULE.—Notwith24 standing clause (i)(II), a local educational 

25 agency shall be considered eligible to remstockstill on DSK4VPTVN1PROD with BILLS

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1 ceive a basic support payment under sub2 paragraph (A) with respect to the number 

3 of children determined under subsection 

4 (a)(1) if the agency— 

5 ‘‘(I) has an enrollment of chil6 dren described in subsection (a)(1), 

7 including, for purposes of determining 

8 eligibility, those children described in 

9 subparagraphs (F) and (G) of such 

10 subsection, that constitutes a percent11 age of the total student enrollment of 

12 the agency that is not less than 35 

13 percent; and 

14 ‘‘(II) was eligible to receive as15 sistance under subsection (b)(2) for 

16 fiscal year 2001.’’; 

17 (B) by amending subparagraph (C) to read 

18 as follows: 

19 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM20 PACTED LOCAL EDUCATIONAL AGENCIES.— 

21 ‘‘(i) IN GENERAL.—The maximum 

22 amount that a heavily impacted local edu23 cational agency is eligible to receive under 

24 this paragraph for any fiscal year is the 

25 sum of the total weighted student units, as 

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1 computed under subsection (a)(2) and sub2 ject to clause (ii), multiplied by the greater 

3 of— 

4 ‘‘(I) four-fifths of the average 

5 per-pupil expenditure of the State in 

6 which the local educational agency is 

7 located for the third fiscal year pre8 ceding the fiscal year for which the 

9 determination is made; or 

10 ‘‘(II) four-fifths of the average 

11 per-pupil expenditure of all of the 

12 States for the third fiscal year pre13 ceding the fiscal year for which the 

14 determination is made. 

15 ‘‘(ii) SPECIAL RULE.—(I)(aa) For a 

16 local educational agency with respect to 

17 which 35 percent or more of the total stu18 dent enrollment of the schools of the agen19 cy are children described in subparagraphs 

20 (D) or (E) (or a combination thereof) of 

21 subsection (a)(1), and has an enrollment of 

22 children described in subparagraphs (A), 

23 (B), or (C) of such subsection equal to at 

24 least 10 percent of the agency’s total en25 rollment, the Secretary shall calculate the 

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1 weighted student units of those children 

2 described in subparagraphs (D) or (E) of 

3 such subsection by multiplying the number 

4 of such children by a factor of 0.55. 

5 ‘‘(bb) For any local educational agen6 cy that received a payment under this 

7 clause for fiscal year 2006, the local edu8 cational agency shall not be required to 

9 have an enrollment of children described in 

10 subparagraph (A), (B), or (C) of such sub11 section equal to at least 10 percent of the 

12 agency’s total enrollment. 

13 ‘‘(II) For a local educational agency 

14 that has an enrollment of 100 or fewer 

15 children described in subsection (a)(1), the 

16 Secretary shall calculate the total number 

17 of weighted student units for purposes of 

18 subsection (a)(2) by multiplying the num19 ber of such children by a factor of 1.75. 

20 ‘‘(III) For a local educational agency 

21 that does not qualify under subparagraph 

22 (B)(i)(I) of this subsection and has an en23 rollment of more than 100 but not more 

24 than 1,000 children described in subsection 

25 (a)(1), the Secretary shall calculate the 

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1 total number of weighted student units for 

2 purposes of subsection (a)(2) by multi3 plying the number of such children by a 

4 factor of 1.25.’’; 

5 (C) by amending subparagraph (D) to read 

6 as follows: 

7 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

8 HEAVILY IMPACTED LOCAL EDUCATIONAL

9 AGENCIES.—(i)(I) Subject to clause (ii), the 

10 maximum amount that a heavily impacted local 

11 educational agency described in subclause (II) 

12 is eligible to receive under this paragraph for 

13 any fiscal year shall be determined in accord14 ance with the formula described in paragraph 

15 (1)(C). 

16 ‘‘(II) A heavily impacted local educational 

17 agency described in this subclause is a local 

18 educational agency that has a total student en19 rollment of not less than 25,000 students, of 

20 which not less than 50 percent are children de21 scribed in subsection (a)(1) and not less than 

22 5,500 of such children are children described in 

23 subparagraph (A) and (B) of subsection (a)(1). 

24 ‘‘(ii) For purposes of calculating the max25 imum amount described in clause (i), the factor 

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1 used in determining the weighted student units 

2 under subsection (a)(2) with respect to children 

3 described in subparagraph (A) and (B) of sub4 section (a)(1) shall be 1.35.’’; 

5 (D) by striking subparagraph (E); 

6 (E) by redesignating subparagraph (F) as 

7 subparagraph (E); 

8 (F) in subparagraph (E) (as so redesig9 nated by subparagraph (G))— 

10 (i) by striking clause (ii); 

11 (ii) by striking ‘‘; and’’ at the end of 

12 clause (i) and inserting a period; and 

13 (iii) by striking ‘‘the Secretary’’ and 

14 all that follows through ‘‘shall use’’ and in15 serting ‘‘the Secretary shall use’’; 

16 (G) by redesignating subparagraph (G) as 

17 subparagraph (F); 

18 (H) in subparagraph (F) (as so redesig19 nated by subparagraph (I)), in the matter pre20 ceding clause (i), by striking ‘‘(C)(i)(II)(bb)’’ 

21 and inserting ‘‘(B)(i)(II)(bb)’’; 

22 (I) by redesignating subparagraph (H) as 

23 subparagraph (G); and 

24 (J) in subparagraph (G) (as so redesig25 nated by subparagraph (K))— 

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1 (i) in clause (i)— 

2 (I) by striking ‘‘(B), (C), (D), or 

3 (E),’’ and inserting ‘‘(B), (C), or 

4 (D),’’; 

5 (II) by striking ‘‘by reason of’’ 

6 and inserting ‘‘due to’’; 

7 (III) by inserting after ‘‘clause 

8 (iii),’’ the following: ‘‘or as the direct 

9 result of base realignment and closure 

10 or modularization as determined by 

11 the Secretary of Defense and force 

12 structure change or force relocation,’’; 

13 and 

14 (IV) by inserting before the pe15 riod at the end the following: ‘‘or dur16 ing such time as activities associated 

17 with base closure and realignment, 

18 modularization, force structure 

19 change, or force relocation is ongo20 ing’’; and 

21 (ii) in clause (ii) by striking ‘‘(D) or 

22 (E)’’ in both places such term appears and 

23 inserting ‘‘(C) or (D)’’; 

24 (3) in subsection (b)(3)(B)— 

25 (A) by redesignating clause (iv) as (v); and 

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1 (B) by inserting after clause (iii) the fol2 lowing: 

3 ‘‘(iv) For any local educational agency 

4 that is providing a program of distant 

5 learning to children not residing within the 

6 legally defined boundaries of the agency, 

7 the Secretary shall disregard such children 

8 from such agency’s total enrollment when 

9 calculating the percentage under subclause 

10 (I) of clause (i) and shall disregard any 

11 funds received for such children when cal12 culating the total current expenditures at13 tributed to the operation of such agency 

14 when calculating the percentage under sub15 clause (II) of clause (i).’’; 

16 (4) in subsection (b)(3)(C) by striking ‘‘or (E) 

17 of paragraph (2), as the case may be’’ and inserting 

18 ‘‘of paragraph (2)’’; 

19 (5) in subsection (b)(3), by amending subpara20 graph (D) to read as follows: 

21 ‘‘(D) RATABLE DISTRIBUTION.—For any 

22 fiscal year described in subparagraph (A) for 

23 which the sums available exceed the amount re24 quired to pay each local educational agency 100 

25 percent of its threshold payment the Secretary 

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1 shall distribute the excess sums to each eligible 

2 local educational agency that has not received 

3 its full amount computed under paragraph (1) 

4 or (2) (as the case may be) by multiplying— 

5 ‘‘(i) a percentage, the denominator of 

6 which is the difference between the full 

7 amount computed under paragraph (1) or 

8 (2) (as the case may be) for all local edu9 cational agencies and the amount of the 

10 threshold payment (as calculated under 

11 subparagraphs (B) and (C)) of all local 

12 educational agencies, and the numerator of 

13 which is the aggregate amount of the ex14 cess sums, by: 

15 ‘‘(ii) the difference between the full 

16 amount computed under paragraph (1) or 

17 (2) (as the case may be) for the agency 

18 and the amount of the threshold payment 

19 as calculated under subparagraphs (B) and 

20 (C) of the agency.’’; 

21 (6) in subsection (c) by amending paragraph 

22 (2) to read as follows: 

23 ‘‘(2) EXCEPTION.—Calculation of payments for 

24 a local educational agency shall be based on data 

25 from the fiscal year for which the agency is making 

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1 an application for payment if such agency is newly 

2 established by a State (first year of operation 

3 only).’’; 

4 (7) in subsection (e) by striking paragraphs (1) 

5 and (2) and inserting the following: 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 the total amount the Secretary shall pay a local edu8 cational agency— 

9 ‘‘(A) for fiscal year 2014 shall not be less 

10 than 90 percent of the total amount that the 

11 local education agency received under sub12 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

13 year 2011; 

14 ‘‘(B) for fiscal year 2015 shall not be less 

15 than 80 percent of the total amount that the 

16 local educational agency received under sub17 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

18 year 2011; 

19 ‘‘(C) for fiscal year 2016 shall not be less 

20 than 70 percent of the total amount that the 

21 local educational agency received under sub22 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

23 year 2011, of which such amount shall be con24 sidered a foundation payment for each suc25 ceeding fiscal year until such time as the agenmstockstill on DSK4VPTVN1PROD with BILLS

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1 cy’s maximum payment as determined under 

2 paragraphs (1) or (2) of subsection (b) as the 

3 case may be, exceeds the amount provided for 

4 under this subparagraph. 

5 ‘‘(2) RATABLE REDUCTION.— 

6 ‘‘(A) IN GENERAL.—If the sums made 

7 available under this title for any fiscal year are 

8 insufficient to pay the full amounts that all 

9 local educational agencies in all States are eligi10 ble to receive under paragraph (1) for such 

11 year, then the Secretary shall ratably reduce 

12 the payments to all agencies for such year. 

13 ‘‘(B) ADDITIONAL FUNDS.—If additional 

14 funds become available for making payments 

15 under paragraph (1) for such fiscal year, pay16 ments that were reduced under subparagraph 

17 (A) shall be increased on the same basis as 

18 such payments were reduced.’’; and 

19 (8) by striking subsection (g). 

20 SEC. 5. AMENDMENTS TO SECTION 8007 (CONSTRUCTION) 

21 OF THE ESEA. 

22 Section 8007 of the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 7707) is amended to read 

24 as follows: 

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1 ‘‘SEC. 8007. CONSTRUCTION. 

2 ‘‘(a) SCHOOL FACILITY EMERGENCY AND MOD3 ERNIZATION GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—From 100 percent of the 

5 amount appropriated for each fiscal year under sec6 tion 8014(e), the Secretary— 

7 ‘‘(A) shall award emergency grants in ac8 cordance with this subsection to eligible local 

9 educational agencies to enable the agencies to 

10 carry out emergency repairs of school facilities; 

11 and 

12 ‘‘(B) shall award modernization grants in 

13 accordance with this subsection to eligible local 

14 educational agencies to enable the agencies to 

15 carry out the modernization of school facilities. 

16 ‘‘(2) PRIORITY.—In approving applications 

17 from local educational agencies for emergency grants 

18 and modernization grants under this subsection, the 

19 Secretary shall give priority to applications in ac20 cordance with the following: 

21 ‘‘(A) The Secretary shall first give priority 

22 to applications for emergency grants from local 

23 educational agencies that meet the requirements 

24 of paragraph (3)(A) and, among such applica25 tions for emergency grants, shall give priority 

26 to those applications from local educational 

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1 agencies based on the severity of the emer2 gency, as determined by the Secretary. 

3 ‘‘(B) The Secretary shall next give priority 

4 to applications for modernization grants from 

5 local educational agencies that meet the re6 quirements of paragraph (3)(B) and, among 

7 such applications for modernization grants, 

8 shall give priority to those applications from 

9 local educational agencies based on the severity 

10 of the need for modernization, as determined by 

11 the Secretary. 

12 ‘‘(3) ELIGIBILITY REQUIREMENTS.— 

13 ‘‘(A) EMERGENCY GRANTS.—A local edu14 cational agency is eligible to receive an emer15 gency grant under paragraph (2)(A) if— 

16 ‘‘(i) the agency (or in the case of a 

17 local educational agency that does not have 

18 the authority to tax or issue bonds, the 

19 agency’s fiscal agent)— 

20 ‘‘(I) has no practical capacity to 

21 issue bonds; or 

22 ‘‘(II) has minimal capacity to 

23 issue bonds and is at not less than 75 

24 percent of the agency’s limit of bond25 ed indebtedness; or 

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1 ‘‘(ii) the agency is eligible to receive 

2 assistance under subsection (a) for the fis3 cal year and has a school facility emer4 gency, as determined by the Secretary, 

5 that poses a health or safety hazard to the 

6 students and school personnel assigned to 

7 the school facility. 

8 ‘‘(B) MODERNIZATION GRANTS.—A local 

9 educational agency is eligible to receive a mod10 ernization grant under paragraph (2)(B) if— 

11 ‘‘(i) the agency receives a basic sup12 port payment under section 8003(b) for 

13 the fiscal year; or 

14 ‘‘(ii) the agency receives a Federal 

15 properties payment under section 8002 for 

16 the fiscal year. 

17 ‘‘(C) RULE OF CONSTRUCTION.—For pur18 poses of subparagraph (A)(i), a local edu19 cational agency— 

20 ‘‘(i) has no practical capacity to issue 

21 bonds if the total assessed value of real 

22 property that may be taxed for school pur23 poses is less than $25,000,000; and 

24 ‘‘(ii) has minimal capacity to issue 

25 bonds if the total assessed value of real 

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1 property that may be taxed for school pur2 poses is at least $25,000,000 but not more 

3 than $50,000,000. 

4 ‘‘(4) AWARD CRITERIA.—In awarding emer5 gency grants and modernization grants under this 

6 subsection, the Secretary shall consider the following 

7 factors: 

8 ‘‘(A) The ability of the local educational 

9 agency to respond to the emergency, or to pay 

10 for the modernization project, as the case may 

11 be, as measured by— 

12 ‘‘(i) the agency’s level of bonded in13 debtedness; 

14 ‘‘(ii) the assessed value of real prop15 erty per student that may be taxed for 

16 school purposes compared to the average of 

17 the assessed value of real property per stu18 dent that may be taxed for school purposes 

19 in the State in which the agency is located; 

20 ‘‘(iii) the agency’s total tax rate for 

21 school purposes (or for capital expendi22 tures, if applicable) compared to the aver23 age total tax rate for school purposes (or 

24 the average capital expenditure tax rate, if 

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1 applicable) in the State in which the agen2 cy is located; and 

3 ‘‘(iv) funds that are available to the 

4 agency, from any other source, including 

5 subsection (a), that may be used for cap6 ital expenditures. 

7 ‘‘(B) The percentage of property in the 

8 agency that is nontaxable due to the presence 

9 of the Federal Government. 

10 ‘‘(C) The number and percentages of chil11 dren described in subparagraphs (A), (B), (C), 

12 and (D) of section 8003(a)(1) served in the 

13 school facility with the emergency or served in 

14 the school facility proposed for modernization, 

15 as the case may be. 

16 ‘‘(D) In the case of an emergency grant, 

17 the severity of the emergency, as measured by 

18 the threat that the condition of the school facil19 ity poses to the health, safety, and well-being of 

20 students. 

21 ‘‘(E) In the case of a modernization 

22 grant— 

23 ‘‘(i) the severity of the need for mod24 ernization, as measured by such factors 

25 as— 

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1 ‘‘(I) overcrowding, as evidenced 

2 by the use of portable classrooms, or 

3 the potential for future overcrowding 

4 because of increased enrollment; or 

5 ‘‘(II) the agency’s inability to uti6 lize technology or offer a curriculum 

7 in accordance with contemporary 

8 State standards due to the physical 

9 limitations of the current school facil10 ity; and 

11 ‘‘(ii) the age of the school facility pro12 posed for modernization. 

13 ‘‘(5) OTHER AWARD PROVISIONS.— 

14 ‘‘(A) GENERAL PROVISIONS.— 

15 ‘‘(i) LIMITATIONS ON AMOUNT OF

16 FUNDS.— 

17 ‘‘(I) IN GENERAL.—The amount 

18 of funds provided under an emergency 

19 grant or a modernization grant 

20 awarded under this subsection to a 

21 local educational agency that meets 

22 the requirements of subclause (II) of 

23 paragraph (3)(A)(i) for purposes of 

24 eligibility under subparagraph (A) or 

25 (B) of paragraph (3)— 

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1 ‘‘(aa) shall not exceed 50 

2 percent of the total cost of the 

3 project to be assisted under this 

4 subsection; and 

5 ‘‘(bb) shall not exceed 

6 $4,000,000 during any 4-year pe7 riod. 

8 ‘‘(II) IN-KIND CONTRIBUTIONS.— 

9 A local educational agency may use 

10 in-kind contributions to meet the 

11 matching requirement of subclause 

12 (I)(aa). 

13 ‘‘(ii) PROHIBITIONS ON USE OF

14 FUNDS.—A local educational agency may 

15 not use funds provided under an emer16 gency grant or modernization grant award17 ed under this subsection for— 

18 ‘‘(I) a project for a school facility 

19 for which the agency does not have 

20 full title or other interest; 

21 ‘‘(II) stadiums or other school fa22 cilities that are primarily used for 

23 athletic contests, exhibitions, or other 

24 events for which admission is charged 

25 to the general public; or 

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1 ‘‘(III) the acquisition of real 

2 property. 

3 ‘‘(iii) SUPPLEMENT, NOT SUP4 PLANT.—A local educational agency shall 

5 use funds provided under an emergency 

6 grant or modernization grant awarded 

7 under this subsection only to supplement 

8 the amount of funds that would, in the ab9 sence of the Federal funds provided under 

10 the grant, be made available from non11 Federal sources to carry out emergency re12 pairs of school facilities or to carry out the 

13 modernization of school facilities, as the 

14 case may be, and not to supplant such 

15 funds. 

16 ‘‘(iv) MAINTENANCE COSTS.—Nothing 

17 in this subsection shall be construed to au18 thorize the payment of maintenance costs 

19 in connection with any school facility mod20 ernized in whole or in part with Federal 

21 funds provided under this subsection. 

22 ‘‘(v) ENVIRONMENTAL SAFE23 GUARDS.—All projects carried out with 

24 Federal funds provided under this sub25 section shall comply with all relevant Fedmstockstill on DSK4VPTVN1PROD with BILLS

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1 eral, State, and local environmental laws 

2 and regulations. 

3 ‘‘(vi) CARRY-OVER OF CERTAIN APPLI4 CATIONS.—A local educational agency that 

5 applies for an emergency grant or a mod6 ernization grant under this subsection for 

7 a fiscal year and does not receive the grant 

8 for the fiscal year shall have the applica9 tion for the grant considered for the fol10 lowing fiscal year, subject to the priority 

11 requirements of paragraph (2) and the 

12 award criteria requirements of paragraph 

13 (4). 

14 ‘‘(B) EMERGENCY GRANTS; PROHIBITION

15 ON USE OF FUNDS.—A local educational agency 

16 that is awarded an emergency grant under this 

17 subsection may not use amounts under the 

18 grant for the complete or partial replacement of 

19 an existing school facility unless such replace20 ment is less expensive or more cost-effective 

21 than correcting the identified emergency. 

22 ‘‘(6) APPLICATION.—A local educational agency 

23 that desires to receive an emergency grant or a mod24 ernization grant under this subsection shall submit 

25 an application to the Secretary at such time, in such 

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1 manner, and accompanied by such information as 

2 the Secretary may require. Each application shall 

3 contain the following: 

4 ‘‘(A) A description of how the local edu5 cational agency meets the award criteria under 

6 paragraph (4), including the information de7 scribed in clauses (i) through (iv) of paragraph 

8 (4)(A) and subparagraphs (B) and (C) of para9 graph (4). 

10 ‘‘(B) In the case of an application for an 

11 emergency grant— 

12 ‘‘(i) a description of the school facility 

13 deficiency that poses a health or safety 

14 hazard to the occupants of the facility and 

15 a description of how the deficiency will be 

16 repaired; and 

17 ‘‘(ii) a signed statement from an ap18 propriate local official certifying that a de19 ficiency in the school facility threatens the 

20 health or safety of the occupants of the fa21 cility or that prevents the use of all or a 

22 portion of the building. 

23 ‘‘(C) In the case of an application for a 

24 modernization grant— 

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1 ‘‘(i) an explanation of the need for the 

2 school facility modernization project; 

3 ‘‘(ii) the date on which original con4 struction of the facility to be modernized 

5 was completed; 

6 ‘‘(iii) a listing of the school facilities 

7 to be modernized, including the number 

8 and percentage of children determined 

9 under section 8003(a)(1) in average daily 

10 attendance in each school facility; and 

11 ‘‘(iv) a description of the ownership of 

12 the property on which the current school 

13 facility is located or on which the planned 

14 school facility will be located. 

15 ‘‘(D) A description of the project for which 

16 a grant under this subsection will be used, in17 cluding a cost estimate for the project. 

18 ‘‘(E) A description of the interest in, or 

19 authority over, the school facility involved, such 

20 as an ownership interest or a lease arrange21 ment. 

22 ‘‘(F) Such other information and assur23 ances as the Secretary may reasonably require. 

24 ‘‘(7) REPORT.— 

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1 ‘‘(A) IN GENERAL.—Not later than Janu2 ary 1 of each year, the Secretary shall prepare 

3 and submit to the appropriate congressional 

4 committees a report that contains a justifica5 tion for each grant awarded under this sub6 section for the prior fiscal year. 

7 ‘‘(B) DEFINITION.—In this paragraph, the 

8 term ‘appropriate congressional committees’ 

9 means— 

10 ‘‘(i) the Committee on Appropriations 

11 and the Committee on Education and the 

12 Workforce of the House of Representa13 tives; and 

14 ‘‘(ii) the Committee on Appropriations 

15 and the Committee on Health, Education, 

16 Labor, and Pensions of the Senate.’’. 

Æ 

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