II 

113TH CONGRESS 

1ST SESSION S. 1108 

To reauthorize the impact aid program under the Elementary and Secondary 

Education Act of 1965. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2013 

Ms. HIRONO (for herself and Mr. THUNE) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

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 ‘‘Local Taxpayer Relief 

5 Act’’. 

6 SEC. 2. PAYMENTS RELATING TO FEDERAL ACQUISITION 

7 OF REAL PROPERTY. 

8 (a) AMENDMENTS.—Section 8002 of the Elementary 

9 and Secondary Education Act of 1965 (20 U.S.C. 7702) 

10 is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph (1), 

3 by striking ‘‘for a fiscal year ending prior to 

4 October 1, 2003’’; and 

5 (B) in the flush text following paragraph 

6 (2), by inserting ‘‘or (h)’’ after ‘‘subsection 

7 (b)’’; 

8 (2) in subsection (b)— 

9 (A) by striking paragraph (2) and insert10 ing the following: 

11 ‘‘(2) APPLICATION OF CURRENT LEVIED REAL

12 PROPERTY TAX RATE.—In calculating the amount 

13 that a local educational agency is eligible to receive 

14 for a fiscal year, the Secretary shall apply the cur15 rent levied real property tax rate for current expend16 itures levied by fiscally independent local educational 

17 agencies, or imputed for fiscally dependent local edu18 cational agencies, to the current annually deter19 mined estimated taxable value of such acquired Fed20 eral property as calculated under paragraph (3).’’; 

21 and 

22 (B) by striking paragraph (3) and insert23 ing the following: 

24 ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR

25 ELIGIBLE FEDERAL PROPERTY.— 


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1 ‘‘(A) IN GENERAL.—In determining the 

2 total taxable value of such acquired Federal 

3 property for fiscal year 2010 and each suc4 ceeding fiscal year, the Secretary shall— 

5 ‘‘(i) first determine the total taxable 

6 value for the purpose of levying property 

7 tax for school purposes for current expend8 itures of real property located within the 

9 boundaries of such local educational agen10 cy; 

11 ‘‘(ii) then determine the per acre 

12 value of the eligible Federal property by di13 viding the total taxable value as deter14 mined in clause (i), by the difference be15 tween the total acres located within the 

16 boundaries of the local educational agency 

17 and the number of Federal acres eligible 

18 under this section; and 

19 ‘‘(iii) then determine the total taxable 

20 value of the eligible Federal property by 

21 multiplying the per acre value as calculated 

22 under clause (ii) by the number of Federal 

23 acres eligible under this section. 

24 ‘‘(B) SPECIAL RULE.—In the case of Fed25 eral property eligible under this section that is 


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1 within the boundaries of 2 or more local edu2 cational agencies, any one of the local edu3 cational agencies affected may ask the Sec4 retary to calculate the per acre value of each 

5 local educational agency as provided under sub6 paragraph (A) and apply the average of the per 

7 acre values to the acres of the Federal property 

8 to the agency or agencies making such re9 quest.’’; 

10 (3) in subsection (f), by striking paragraphs (4) 

11 and (5); 

12 (4) by striking subsection (g) and inserting the 

13 following: 

14 ‘‘(g) FORMER DISTRICTS.— 

15 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

16 and all succeeding fiscal years, if a local educational 

17 agency described in paragraph (2) is formed at any 

18 time after 1938 by the consolidation of 2 or more 

19 former school districts, the local educational agency 

20 may elect to have the Secretary determine its eligi21 bility and any amount for which the local edu22 cational agency is eligible under this section for any 

23 fiscal year on the basis of 1 or more of those former 

24 districts, as designated by the local educational 

25 agency. 


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1 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN2 CIES.—A local educational agency referred to in 

3 paragraph (1) is— 

4 ‘‘(A) any local educational agency that, for 

5 fiscal year 1994 or any preceding fiscal year, 

6 applied, and was determined to be eligible 

7 under, section 2(c) of the Act of September 20, 

8 1950 (Public Law 874, 81st Congress), as that 

9 section was in effect for that fiscal year; or 

10 ‘‘(B) a local educational agency formed by 

11 the consolidation of 2 or more districts, at least 

12 1 of which was eligible for assistance under this 

13 section for the fiscal year preceding the year of 

14 the consolidation, if— 

15 ‘‘(i) for fiscal years 2006 through 

16 2013, the local educational had notified the 

17 Secretary of the designation not later than 

18 30 days after the date of enactment of the 

19 Local Taxpayer Relief Act; and 

20 ‘‘(ii) for fiscal year 2014 and any sub21 sequent fiscal year, the local educational 

22 agency includes the designation in its ap23 plication under section 8005 or any timely 

24 amendment to such application. 


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1 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith2 standing any other provision of law limiting the pe3 riod during which the Secretary may obligate funds 

4 appropriated for any fiscal year after 2005, the Sec5 retary may obligate funds remaining after final pay6 ments have been made from any of such fiscal years 

7 to carry out this subsection.’’; 

8 (5) in subsection (h)— 

9 (A) in paragraph (1)— 

10 (i) in the paragraph heading, by strik11 ing ‘‘FOR PRE-1995 RECIPIENTS’’ and in12 serting ‘‘FOR PRE-2010 RECIPIENTS’’; and 

13 (ii) by striking subparagraphs (A) and 

14 (B) and inserting the following: 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 first make a foundation payment to each local 

17 educational agency that is determined by the 

18 Secretary to be eligible to receive a payment 

19 under this section for the fiscal year involved 

20 and that filed a timely application, and met, or 

21 has been determined by statute to meet, the eli22 gibility requirements of subsection (a) for fiscal 

23 year 2009. 

24 ‘‘(B) AMOUNT.— 


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1 ‘‘(i) IN GENERAL.—The amount of a 

2 payment under subsection (b) for a local 

3 educational agency shall be equal to the 

4 greater of 90 percent of the payment the 

5 local educational agency received from dol6 lars appropriated for fiscal year 2009 or 

7 90 percent of the average payment that 

8 the local educational agency received from 

9 dollars appropriated for fiscal years 2006, 

10 2007, 2008, and 2009, and shall be cal11 culated without regard to the provisions in 

12 subsection (b)(1)(A)(i)(III) or (b)(1)(C). 

13 ‘‘(ii) EXCEPTION.—In calculating 

14 such average payment for a local edu15 cational agency that did not receive a pay16 ment under subsection (b) for 1 or more of 

17 the fiscal years between fiscal year 2006 

18 and 2009, inclusive, the lowest such pay19 ment made to the agency for fiscal year 

20 2006, 2007, 2008, or 2009, shall be treat21 ed as the payment that the agency received 

22 under subsection (b) for each fiscal year 

23 for which the agency did not receive such 

24 a payment.’’; and 


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1 (B) by striking paragraphs (2) through (4) 

2 and inserting the following: 

3 ‘‘(2) FOUNDATION PAYMENTS FOR NEW APPLI4 CANTS.— 

5 ‘‘(A) FIRST YEAR.—From any amounts re6 maining after making payments under para7 graph (1) and subsection (i)(1) for the fiscal 

8 year involved, the Secretary shall make a pay9 ment in an amount determined in accordance 

10 with subparagraph (C), to each local edu11 cational agency that the Secretary determines 

12 eligible for a payment under this section for a 

13 fiscal year after fiscal year 2009 and that did 

14 not receive a payment under paragraph (1) for 

15 the fiscal year for which such agency was deter16 mined eligible for such payment. 

17 ‘‘(B) SECOND AND SUCCEEDING YEARS.— 

18 For any succeeding fiscal year after the first 

19 fiscal year that a local educational agency re20 ceives a foundation payment under subpara21 graph (A), the amount of the local educational 

22 agency’s foundation payment under this para23 graph for such succeeding fiscal year shall be 

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1 tion payment under this paragraph for the first 

2 fiscal year. 

3 ‘‘(C) AMOUNTS.—The amount of a pay4 ment under subparagraph (A) for a local edu5 cational agency shall be determined as follows: 

6 ‘‘(i) Calculate the local educational 

7 agency’s maximum payment under sub8 section (b). 

9 ‘‘(ii) Calculate the percentage that the 

10 amount appropriated under section 

11 8014(a) for the most recent fiscal year for 

12 which the Secretary has completed making 

13 payments under this section is of the total 

14 maximum payments for such fiscal year for 

15 all local educational agencies eligible for a 

16 payment under subsection (b) and multiply 

17 the agency’s maximum payment by such 

18 percentage. 

19 ‘‘(iii) Multiply the amount determined 

20 under clause (ii) by 90 percent. 

21 ‘‘(D) INSUFFICIENT FUNDS.—If the 

22 amount appropriated under section 8014(a) of 

23 this title is insufficient to pay the full amount 

24 determined under this paragraph for all eligible 

25 local educational agencies for this fiscal year, 


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1 then the Secretary shall ratably reduce the pay2 ment to each local educational agency under 

3 this paragraph. 

4 ‘‘(3) REMAINING FUNDS.—From any funds re5 maining after making payments under paragraphs 

6 (1) and (2) for the fiscal year involved, the Sec7 retary shall make a payment to each local edu8 cational agency that received a foundation payment 

9 under paragraph (1) or (2) or subsection (i)(1), for 

10 the fiscal year involved in an amount that bears the 

11 same relation to the remainder as a percentage 

12 share determined for the local educational agency 

13 (by dividing the maximum amount that the agency 

14 is eligible to receive under subsection (b) by the total 

15 of the maximum amounts for all such agencies) 

16 bears to the percentage share determined (in the 

17 same manner) for all local educational agencies eligi18 ble to receive a payment under this section for the 

19 fiscal year involved, except that, for the purpose of 

20 calculating a local educational agency’s maximum 

21 amount under subsection (b), data from the most 

22 current fiscal year shall be used. 

23 ‘‘(4) DATA.—For each local educational agency 

24 that received a payment under this section for fiscal 

25 year 2010 through the fiscal year in which the Local 


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1 Taxpayer Relief Act was enacted, the Secretary shall 

2 not make a payment under paragraph (3) to a local 

3 educational agency that fails to submit, within 60 

4 days of the date the Secretary notified the agency 

5 that the information is needed, the data necessary to 

6 calculate the maximum amount of a payment under 

7 subsection (b) for that local educational agency.’’; 

8 (6) by striking subsections (k) and (m); and 

9 (7) by redesignating subsections (l) and (n) as 

10 subsections (j) and (k), respectively. 

11 (b) EFFECTIVE DATE.—Notwithstanding the date of 

12 enactment of this Act, the amendments made by this sec13 tion shall apply to applications submitted for fiscal year 

14 2010 and all succeeding fiscal years. 

15 SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 

16 CHILDREN. 

17 Section 8003 of that Act (20 U.S.C. 7703) is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1), in the matter pre21 ceding subparagraph (A), by inserting after 

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

23 children enrolled in a State that has a State 

24 open enrollment policy (but not including those 

25 children enrolled in a distance learning program 


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1 not residing within the defined boundaries of 

2 the agency),’’; 

3 (B) by striking paragraph (4) and insert4 ing the following: 

5 ‘‘(4) MILITARY INSTALLATION AND INDIAN

6 HOUSING UNDERGOING RENOVATION OR REBUILD7 ING.— 

8 ‘‘(A) MILITARY INSTALLATION HOUSING.— 

9 Beginning in fiscal year 2014, in determining 

10 the amount of a payment for a local educational 

11 agency for children described in paragraph 

12 (1)(D)(i), the Secretary shall consider those 

13 children as if they were children described in 

14 paragraph (1)(B) if the Secretary determines, 

15 on the basis of a certification provided to the 

16 Secretary of Defense, that those children would 

17 have resided in housing on Federal property if 

18 the housing was not undergoing renovation or 

19 rebuilding. The total number of children treated 

20 as children described in paragraph (1)(B) shall 

21 not exceed the lessor of— 

22 ‘‘(i) the total number of children eligi23 ble under paragraph (1)(B) for the year 

24 prior to the initiation of the housing 


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1 project on Federal property undergoing 

2 renovation or rebuilding; or 

3 ‘‘(ii) the total number of federally 

4 connected children enrolled in the local 

5 educational agency as stated in the appli6 cation filed for the payment for the year 

7 for which the determination is made. 

8 ‘‘(B) INDIAN LANDS.—Beginning in fiscal 

9 year 2014, in determining the amount of a pay10 ment for a local educational agency that re11 ceived a payment for children that resided on 

12 Indian lands in accordance with paragraph 

13 (1)(C) for the fiscal year prior to the fiscal year 

14 for which the local educational agency is mak15 ing an application, the Secretary shall consider 

16 those children to be children described in para17 graph (1)(C) if the Secretary determines on the 

18 basis of certification provided to the Secretary 

19 by a designated representative of the Secretary 

20 of the Interior or the Secretary of Housing and 

21 Urban Development that those children would 

22 have resided in housing on Indian lands if the 

23 housing was not undergoing renovation or re24 building. The total number of children treated 


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1 as children described in paragraph (1)(C) shall 

2 not exceed the lessor of— 

3 ‘‘(i) the total number of children eligi4 ble under paragraph (1)(C) for the year 

5 prior to the initiation of the housing 

6 project on Indian lands undergoing renova7 tion or rebuilding; or 

8 ‘‘(ii) the total number of federally 

9 connected children enrolled in the local 

10 educational agency as stated in the appli11 cation filed for the payment for the year 

12 for which the determination is made. 

13 ‘‘(C) ELIGIBLE HOUSING.—Renovation or 

14 rebuilding shall be defined as projects consid15 ered as capitalization, modernization, or res16 toration, as defined by the Secretary of Defense 

17 or the Secretary of the Interior (as the case 

18 may be) and are projects that last more than 

19 30 days, but do not include ‘sustainment 

20 projects’ such as painting, carpeting, or minor 

21 repairs.’’; and 

22 (C) in paragraph (5)(A), by striking 

23 ‘‘1984, to be children described under para24 graph (1)(B) if the property described is within 

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1 cility upon which such housing is situated.’’ and 

2 inserting ‘‘1984, or under lease of off-base 

3 property under subchapter IV of chapter 169 of 

4 part IV of subtitle (A) of title 10 of the United 

5 States Code (10 U.S.C. 2871 et seq.) to be chil6 dren described under paragraph (1)(B) if the 

7 property described is within the fenced security 

8 perimeter of the military facility or attached to 

9 and under any type of force protection agree10 ment with the military installation where such 

11 housing is situated.’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (2)— 

14 (i) in subparagraph (B)— 

15 (I) in the subparagraph heading 

16 by striking ‘‘CONTINUING’’; 

17 (II) by amending clause (i) to 

18 read as follows: 

19 ‘‘(i) IN GENERAL.—A heavily im20 pacted local educational agency is eligible 

21 to receive a basic support payment under 

22 subparagraph (A) with respect to a num23 ber of children determined under sub24 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 per 

10 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 2013 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 was eligible for and received a 

18 payment under this paragraph in fis19 cal year 2012 and— 

20 ‘‘(aa) has an enrollment of 

21 children described in subsection 

22 (a)(1) that constitutes a percent23 age of the total student enroll24 ment of the agency that is not 

25 less than 20 percent; 


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1 ‘‘(bb) for the 3 fiscal years 

2 preceding the fiscal year for 

3 which the determination is made, 

4 the average enrollment of chil5 dren who are not described in 

6 subsection (a)(1) and who are eli7 gible for a free or reduced price 

8 lunch under the Richard B. Rus9 sell National School Lunch Act 

10 constitutes a percentage of the 

11 total student enrollment of the 

12 agency that is not less than 65 

13 percent; and 

14 ‘‘(cc) has a tax rate for gen15 eral fund purposes which is not 

16 less than 1.25 percent of the av17 erage tax rate for general fund 

18 purposes for comparable local 

19 educational agencies in the 

20 State.’’; 

21 (III) by amending clause (ii) to 

22 read as follows: 

23 ‘‘(ii) LOSS OF ELIGIBILITY.— 

24 ‘‘(I) IN GENERAL.—Subject to 

25 subclause (II), a heavily impacted 


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1 local educational agency that met the 

2 requirements of clause (i) for a fiscal 

3 year shall be ineligible to receive a 

4 basic support payment under subpara5 graph (A) if the agency fails to meet 

6 the requirements of clause (i) for a 

7 subsequent fiscal year, except that 

8 such agency shall continue to receive 

9 a basic support payment under this 

10 paragraph for the fiscal year for 

11 which the ineligibility determination is 

12 made. 

13 ‘‘(II) EXCEPTION.—A local edu14 cational agency that is eligible under 

15 subparagraph (A) but whose tax rate 

16 for general fund purposes falls below 

17 95 percent of the average tax rate for 

18 general fund purposes of local edu19 cational agencies in the State for 2 

20 consecutive years shall lose its eligi21 bility and be subject to subclause 

22 (I).’’; 

23 (IV) by amending clause (iii) to 

24 read as follows: 


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1 ‘‘(iii) APPLICATION.—With respect to 

2 the first year for which a heavily impacted 

3 local educational agency described in 

4 clause (i) applies for a basic support pay5 ment under subparagraph (A), or with re6 spect to the first fiscal year for which a 

7 heavily impacted local educational agency 

8 applies for a basic support payment under 

9 subparagraph (A) after becoming ineligible 

10 under clause (i) for 1 or more preceding 

11 fiscal years, the agency shall apply for 

12 such payment at least 1 year prior to the 

13 start of that fiscal year.’’; and 

14 (V) by adding the following after 

15 clause (iii): 

16 ‘‘(iv) SPECIAL RULE.—Notwith17 standing clause (i)(II), a local educational 

18 agency shall be considered eligible to re19 ceive a basic support payment under sub20 paragraph (A) with respect to the number 

21 of children determined under subsection 

22 (a)(1) if the agency— 

23 ‘‘(I) has an enrollment of chil24 dren described in subsection (a)(1), 

25 including, for purposes of determining 


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1 eligibility, those children described in 

2 subparagraphs (F) and G) of such 

3 subsection, that constitutes a percent4 age of the total student enrollment of 

5 the agency that is not less than 35 

6 percent; and 

7 ‘‘(II) was eligible to receive as8 sistance under subsection (b)(2) for 

9 fiscal year 2001.’’; 

10 (ii) by amending subparagraph (C) to 

11 read as follows: 

12 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM13 PACTED LOCAL EDUCATIONAL AGENCIES.— 

14 ‘‘(i) IN GENERAL.—The maximum 

15 amount that a heavily impacted local edu16 cational agency is eligible to receive under 

17 this paragraph for any fiscal year is the 

18 sum of the total weighted student units, as 

19 computed under subsection (a)(2) and sub20 ject to clause (ii), multiplied by the greater 

21 of— 

22 ‘‘(I) four-fifths of the average 

23 per-pupil expenditure of the State in 

24 which the local educational agency is 

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1 ceding the fiscal year for which the 

2 determination is made; or 

3 ‘‘(II) four-fifths of the average 

4 per-pupil expenditure of all of the 

5 States for the third fiscal year pre6 ceding the fiscal year for which the 

7 determination is made. 

8 ‘‘(ii) SPECIAL RULE.—(I)(aa) For a 

9 local educational agency with respect to 

10 which 35 percent or more of the total stu11 dent enrollment of the schools of the agen12 cy are children described in subparagraph 

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

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

15 children described in subparagraph (A), 

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

17 least 10 percent of the agency’s total en18 rollment, the Secretary shall calculate the 

19 weighted student units of those children 

20 described in subparagraph (D) or (E) of 

21 such subsection by multiplying the number 

22 of such children by a factor of 0.55. 

23 ‘‘(bb) For any local educational agen24 cy that received a payment under this 

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1 cational agency shall not be required to 

2 have an enrollment of children described in 

3 subparagraph (A), (B), or (C) of such sub4 section equal to at least 10 percent of the 

5 agency’s total enrollment. 

6 ‘‘(II) For a local educational agency 

7 that has an enrollment of 100 or fewer 

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

9 Secretary shall calculate the total number 

10 of weighted student units for purposes of 

11 subsection (a)(2) by multiplying the num12 ber of such children by a factor of 1.75. 

13 ‘‘(III) For a local educational agency 

14 that does not qualify under subparagraph 

15 (B)(i)(I) of this subsection and has an en16 rollment of more than 100 but not more 

17 than 1,000 children described in subsection 

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

19 total number of weighted student units for 

20 purposes of subsection (a)(2) by multi21 plying the number of such children by a 

22 factor of 1.25.’’; 

23 (iii) by amending subparagraph (D) to 

24 read as follows: 


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1 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

2 HEAVILY IMPACTED LOCAL EDUCATIONAL

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

4 maximum amount that a heavily impacted local 

5 educational agency described in subclause (II) 

6 is eligible to receive under this paragraph for 

7 any fiscal year shall be determined in accord8 ance with the formula described in paragraph 

9 (1)(C). 

10 ‘‘(II) A heavily impacted local educational 

11 agency described in this subclause is a local 

12 educational agency that has a total student en13 rollment of not less than 25,000 students, of 

14 which not less than 50 percent are children de15 scribed in subsection (a)(1) and not less than 

16 5,500 of such children are children described in 

17 subparagraphs (A) and (B) of subsection 

18 (a)(1). 

19 ‘‘(ii) For purposes of calculating the max20 imum amount described in clause (i), the factor 

21 used in determining the weighted student units 

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

23 described in subparagraphs (A) and (B) of sub24 section (a)(1) shall be 1.35.’’; 

25 (iv) by striking subparagraph (E); 


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1 (v) by redesignating subparagraph (F) 

2 as subparagraph (E); 

3 (vi) in subparagraph (E) (as so redes4 ignated by clause (v))— 

5 (I) by striking clause (ii); 

6 (II) by striking ‘‘; and’’ at the 

7 end of clause (i) and inserting a pe8 riod; and 

9 (III) by striking ‘‘the Secretary’’ 

10 and all that follows through ‘‘shall 

11 use’’ and inserting ‘‘the Secretary 

12 shall use’’; 

13 (vii) by redesignating subparagraph 

14 (G) as subparagraph (F); 

15 (viii) in subparagraph (F) (as so re16 designated by clause (vii)), in the matter 

17 preceding clause (i), by striking 

18 ‘‘(C)(i)(II)(bb)’’ and inserting 

19 ‘‘(B)(i)(II)(bb)(BB)’’; 

20 (ix) by redesignating subparagraph 

21 (H) as subparagraph (G); and 

22 (x) in subparagraph (G) (as so redes23 ignated by clause (ix))— 

24 (I) in clause (i)— 


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1 (aa) by striking ‘‘(B), (C), 

2 (D). or (E),’’ and inserting ‘‘(B), 

3 (C), or (D),’’; 

4 (bb) by striking ‘‘by reason 

5 of’’ and inserting ‘‘due to’’; 

6 (cc) by inserting after 

7 ‘‘clause (iii),’’ the following: ‘‘or 

8 as the direct result of base re9 alignment and closure or 

10 modularization as determined by 

11 the Secretary of Defense and 

12 force structure change or force 

13 relocation,’’; and 

14 (dd) by inserting before the 

15 period at the end the following: 

16 ‘‘or during such time as activities 

17 associated with base closure and 

18 realignment, modularization, 

19 force structure change, or force 

20 relocation is ongoing’’; and 

21 (II) in clause (ii), by striking 

22 ‘‘(D) or (E)’’ in both places such term 

23 appears and inserting ‘‘(C) or (D)’’; 

24 (B) in paragraph (3)— 

25 (i) in subparagraph (B)— 


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1 (I) by redesignating clause (iv) as 

2 clause (v); and 

3 (II) by inserting after clause (iii) 

4 the following: 

5 ‘‘(iv) For any local educational agency 

6 that is providing a program of distant 

7 learning to children not residing within the 

8 legally defined boundaries of the agency, 

9 the Secretary shall disregard such children 

10 from such agency’s total enrollment when 

11 calculating the percentage under subclause 

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

13 funds received for such children when cal14 culating the total current expenditures at15 tributed to the operation of such agency 

16 when calculating the percentage under sub17 clause (II) of clause (i).’’; 

18 (ii) in subparagraph (C), by striking 

19 ‘‘or (E) of paragraph (2), as the case may 

20 be’’ and inserting ‘‘of paragraph (2)’’; and 

21 (iii) by striking subparagraph (D) and 

22 inserting the following: 

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

24 fiscal year described in subparagraph (A) for 

25 which the sums available exceed the amount reVerDate Mar 15 2010 04:05 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1108.IS S1108

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1 quired to pay each local educational agency 100 

2 percent of its threshold payment the Secretary 

3 shall distribute the excess sums to each eligible 

4 local educational agency that has not received 

5 its full amount computed under paragraph (1) 

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

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

8 which is the difference between the full 

9 amount computed under paragraph (1) or 

10 (2) (as the case may be) for all local edu11 cational agencies and the amount of the 

12 threshold payment as calculated under sub13 paragraphs (B) and (C) of all local edu14 cational agencies, and the numerator of 

15 which is the aggregate amount of the ex16 cess sums by— 

17 ‘‘(ii) the difference between the full 

18 amount computed under paragraph (1) or 

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

20 and the amount of the threshold payment 

21 as calculated under subparagraphs (B) and 

22 (C) of the agency.’’; 

23 (3) in subsection (c), by amending paragraph 

24 (2) to read as follows: 


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•S 1108 IS

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

2 a local educational agency shall be based on data 

3 from the fiscal year for which the agency is making 

4 an application for payment if such agency— 

5 ‘‘(A) is newly established by a State, for 

6 the first year of operation of such agency only; 

7 ‘‘(B) was eligible to receive a payment 

8 under this section for the previous fiscal year 

9 and has had an overall increase in enrollment 

10 (as determined by the Secretary in consultation 

11 with the Secretary of Defense, the Secretary of 

12 Interior or other Federal agencies)— 

13 ‘‘(i) of not less than 10 percent, or 

14 100 students, of children described in— 

15 ‘‘(I) subparagraph (A), (B), (C), 

16 or (D) of subsection (a)(1); or 

17 ‘‘(II) subparagraph (F) or (G) of 

18 subsection (a)(1), but only to the ex19 tent such children are civilian depend20 ents of employees of the Department 

21 of Defense or the Department of Inte22 rior; and 

23 ‘‘(ii) that is the direct result of closure 

24 or realignment of military installations 

25 under the base closure process or the reloVerDate Mar 15 2010 04:05 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1108.IS S1108

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1 cation of members of the Armed Forces 

2 and civilian employees of the Department 

3 of Defense as part of force structure 

4 changes or movements of units or per5 sonnel between military installations or be6 cause of actions initiated by the Secretary 

7 of Interior or head of another Federal 

8 agency; and 

9 ‘‘(C) was eligible to receive a payment 

10 under this section for the previous fiscal year 

11 and has had an overall increase in enrollment 

12 (as determined by the Secretary)— 

13 ‘‘(i) of not less than 10 percent, or 

14 100 students, of children described in sub15 section (a)(1); and 

16 ‘‘(ii) that is the direct result of the 

17 closure of a local educational agency that 

18 received a payment under subsection (b)(1) 

19 or (b)(2) in the previous fiscal year.’’; 

20 (4) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) HOLD HARMLESS.— 

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

24 the total amount the Secretary shall pay a local edu25 cation agency under subsection (b)— 


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•S 1108 IS

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

2 than 95 percent of the total amount that the 

3 local educational agency received under sub4 section (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal 

5 year 2013; 

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

7 than 90 percent of the total amount that the 

8 local educational agency received under sub9 section (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal 

10 year 2013; and 

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

12 than 85 percent of the total amount that the 

13 local educational agency received under sub14 section (b)(1), (b)(2) or (b)(2)(B)(ii) for fiscal 

15 year 2013. 

16 ‘‘(2) MAXIMUM PAYMENT.—The total amount 

17 provided to a local educational agency under sub18 paragraph (A), (B), or (C) of paragraph (1) for a 

19 fiscal year shall not exceed the maximum basic sup20 port amount for such agency determined under 

21 paragraph (1) or (2) of subsection (b), as the case 

22 may be. 

23 ‘‘(3) RATABLE REDUCTION.— 

24 ‘‘(A) IN GENERAL.—If the sums made 

25 available under this title for any fiscal year are 


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1 insufficient to pay the full amounts that all 

2 local educational agencies in all States are eligi3 ble to receive under paragraph (1) for such 

4 year, then the Secretary shall ratably reduce 

5 the payments to all such agencies for such year. 

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

7 funds become available for making payments 

8 under paragraph (1) for such fiscal year, pay9 ments that were reduced under subparagraph 

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

11 such payments were reduced.’’; and 

12 (5) by striking subsection (g). 

13 SEC. 4. APPLICATION FOR PAYMENTS UNDER SECTIONS 

14 8002 AND 8003. 

15 Section 8005 of that Act (20 U.S.C. 7705) is amend16 ed by adding at the end the following: 

17 ‘‘(e) STUDENT COUNT.—For the purpose of meeting 

18 the requirements of section 222.35 of the Code of the Fed19 eral Regulations, the Secretary shall establish a third op20 tion for an applicant when counting its federally connected 

21 children by using the date established by the applicant to 

22 register the students of such applicant for the fiscal year 

23 for which the application is filed.’’. 


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1 SEC. 5. CONSTRUCTION. 

2 Section 8007 of that Act (20 U.S.C. 7707) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), by striking ‘‘40 per6 cent’’ and inserting ‘‘80 percent’’; 

7 (B) in paragraph (2) by adding at the end 

8 the following: 

9 ‘‘(C) The agency is eligible under section 

10 8003(b)(2) or is receiving a basic support pay11 ment under circumstances described in section 

12 8003(b)(2)(B)(ii).’’; and 

13 (C) by striking paragraph (3) and insert14 ing the following: 

15 ‘‘(3) AMOUNT OF PAYMENTS.— 

16 ‘‘(A) LOCAL EDUCATIONAL AGENCIES IM17 PACTED BY MILITARY DEPENDENT CHIL18 DREN.—The amount of a payment to each local 

19 educational agency described in this subsection 

20 that is impacted by military dependent children 

21 for a fiscal year shall be equal to— 

22 ‘‘(i)(I) 40 percent of the amount ap23 propriated under section 8014(e) for such 

24 fiscal year; divided by 

25 ‘‘(II) the number of children described 

26 in subparagraphs (B) and (D)(i) of section 


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•S 1108 IS

1 (8003)(a)(1) who were in average daily at2 tendance for all local educational agencies 

3 described in paragraph (2), including the 

4 number of children attending a school fa5 cility described in section 8008(a) if the 

6 Secretary does not provide assistance for 

7 the school facility under that section for 

8 the fiscal year; multiplied by 

9 ‘‘(ii) the number of children deter10 mined for such agency; 

11 ‘‘(I) but not less than $25,000, 

12 except that this subparagraph shall 

13 not apply if the amount available to 

14 carry out paragraph (1) for such fis15 cal year is less than $32,000,000; and 

16 ‘‘(II) not more than $4,000,000. 

17 ‘‘(B) LOCAL EDUCATIONAL AGENCIES IM18 PACTED BY CHILDREN WHO RESIDE ON INDIAN

19 LANDS.—The amount of a payment to each 

20 local educational agency described in this sub21 section that is impacted by children who reside 

22 on Indian lands for a fiscal year shall be equal 

23 to— 


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•S 1108 IS

1 ‘‘(i)(I) 40 percent of the amount ap2 propriated under section 8014(e) for such 

3 fiscal year; divided by 

4 ‘‘(II) the number of children described 

5 in section 8003(a)(1)(C) who were in aver6 age daily attendance for all local edu7 cational agencies described in paragraph 

8 (2); multiplied by 

9 ‘‘(ii) the number of children deter10 mined for such agency; 

11 ‘‘(I) but not less than $25,000, 

12 except that this subparagraph shall 

13 not apply if the amount available to 

14 carry out paragraph (1) for such fis15 cal year is less than $32,000,000; and 

16 ‘‘(II) not more than $4,000, 

17 000.’’; and 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), in the matter pre20 ceding subparagraph (A), by striking ‘‘60 per21 cent’’ and inserting ‘‘20 percent’’; 

22 (B) in paragraph (3)— 

23 (i) in subparagraph (A), in the matter 

24 preceding clause (i), by inserting after ‘‘an 

25 emergency grant under paragraph (2)(A)’’ 


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•S 1108 IS

1 the following: ‘‘if the agency is covered by 

2 paragraph (7), or’’; 

3 (ii) in subparagraph (C)(i)(I), by 

4 striking ‘‘the agency meets at least one’’ 

5 and all that follows through the period at 

6 the end and inserting ‘‘the number of chil7 dren determined under section 

8 8003(a)(1)(C) for the agency for the pre9 ceding school year constituted at least 40 

10 percent of the total student enrollment in 

11 the schools of the agency during the pre12 ceding school year.’’; 

13 (iii) by striking subclause (II) of sub14 paragraph (D)(ii) and inserting the fol15 lowing: 

16 ‘‘(II) The number of children de17 termined under section 8003(a)(1)(C) 

18 for the school for the preceding school 

19 year constituted at least 40 percent of 

20 the total student enrollment in the 

21 school during the preceding school 

22 year.’’; 

23 (C) in paragraph (4)(C), by striking ‘‘(A), 

24 (B), (C), and (D)’’ and inserting ‘‘(A) and 

25 (C)’’; 


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•S 1108 IS

1 (D) by redesignating paragraph (7) as 

2 paragraph (8); and 

3 (E) by inserting after paragraph (6) the 

4 following: 

5 ‘‘(7) SPECIAL RULE.—Notwithstanding para6 graphs (3)(C)(i)(I) and (3)(D)(ii)(II), a local edu7 cational agency is eligible to receive a grant under 

8 this subsection not to exceed $4,000,000 in any one 

9 fiscal year if such agency— 

10 ‘‘(A) was eligible to receive a payment 

11 under section 8003 for the fiscal year prior to 

12 the year for which the application is made; and 

13 ‘‘(B) has had an overall increase in enroll14 ment— 

15 ‘‘(i) during the period between the end 

16 of the school year preceding the fiscal year 

17 for which the application is made and the 

18 beginning of the school year immediately 

19 preceding that school year; 

20 ‘‘(ii) of not less than 250 students or 

21 10 percent (whichever is lower), of children 

22 described in— 

23 ‘‘(I) subparagraph (A), (B), (C), 

24 or (D) of section 8003(a)(1); or 


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•S 1108 IS

1 ‘‘(II) subparagraph (F) or (G) of 

2 section 8003(a)(1), but only to the ex3 tent such children are civilian depend4 ents of employees of the Department 

5 of Defense; and 

6 ‘‘(iii) that is the direct result of one or 

7 more of the following: 

8 ‘‘(I) Base realignment and clo9 sure or global rebasing, as determined 

10 by the Secretary of Defense. 

11 ‘‘(II) Force structure changes or 

12 force reductions. 

13 ‘‘(III) An action initiated by the 

14 Secretary of Interior or head of an15 other Federal agency.’’. 

16 SEC. 6. STATE CONSIDERATION OF PAYMENTS IN PRO17 VIDING STATE AID. 

18 Section 8009 of that Act (20 U.S.C. 7709) is amend19 ed— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1), by inserting before 

22 the period at the end the following: ‘‘and for 

23 which the average per pupil expenditure is 

24 equal to or greater than the average per pupil 

25 expenditure of all the States in the third fiscal 


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•S 1108 IS

1 year preceding the fiscal year for which the 

2 State is applying for equalization under the sec3 tion’’; and 

4 (B) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) COMPUTATION.— 

7 ‘‘(A) STATE CURRENTLY QUALIFYING.— 

8 For purposes of paragraph (1), a program of 

9 State aid for any State qualifying under this 

10 section for fiscal year 2006 equalizes expendi11 tures among local educational agencies if, in the 

12 second fiscal year preceding the fiscal year for 

13 which the determination is made the amount of 

14 per-pupil expenditures made by, or per-pupil 

15 revenues available to, the local educational 

16 agency in the State with the highest such per17 pupil expenditures or revenues did not exceed 

18 the amount of such per-pupil expenditures 

19 made by, or per-pupil revenues available to, the 

20 local educational agency in the State with the 

21 lowest such expenditures or revenues by more 

22 than 25 percent as calculated under subpara23 graph (B)(ii). 

24 ‘‘(B) OTHER FACTORS.—Notwithstanding 

25 regulations in effect prior to the enactment of 


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•S 1108 IS

1 this subparagraph, in making a determination 

2 under this subparagraph, the Secretary shall— 

3 ‘‘(i) arrange all local educational 

4 agencies in the State by per-pupil expendi5 tures or revenues in descending order from 

6 the highest to the lowest; 

7 ‘‘(ii) using per-pupil expenditures or 

8 revenues as the only criteria disregard 

9 those local educational agencies that are 

10 spending above the 95th percentile and 

11 those spending below the 5th percentile; 

12 ‘‘(iii) identify the local educational 

13 agency at the 95th percentile and the local 

14 educational agency at the 5th percentile; 

15 ‘‘(iv) subtract the amount of per-pupil 

16 expenditures or revenues of the local edu17 cational agency at the 5th percentile from 

18 the amount of per-pupil expenditures or 

19 revenues of the local educational agency at 

20 the 95th percentile and divide the dif21 ference by the per-pupil expenditures or 

22 revenues of the local educational agency at 

23 the 5th percentile; and 

24 ‘‘(v) take into account the extent to 

25 which a program of State aid reflects the 


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•S 1108 IS

1 additional cost of providing free public 

2 education in particular types of local edu3 cational agencies such as those that are 

4 geographically isolated, or to particular 

5 types of students, such as children with 

6 disabilities. 

7 ‘‘(C) NEW STATES APPLICANTS.— 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 paragraph (1), a program of State aid for 

10 any State equalizing under this section 

11 after fiscal year 2006 equalizes expendi12 tures among local educational agencies if, 

13 in the second fiscal year preceding the fis14 cal year for which the determination is 

15 made, the amount of per-pupil expendi16 tures made by, or per-pupil revenues avail17 able to, the local educational agency in the 

18 State with the highest such per-pupil ex19 penditures or revenues did not exceed the 

20 amount of such per-pupil expenditures 

21 made by, or per-pupil revenues available 

22 to, the local educational agency in the 

23 State with the lowest such expenditures or 

24 revenues by more than 10 percent as cal25 culated under clause (ii). 


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1 ‘‘(ii) OTHER FACTORS.—In making a 

2 determination under this subparagraph, 

3 the Secretary, notwithstanding regulations 

4 in use prior to the enactment of the Local 

5 Taxpayer Relief Act, shall— 

6 ‘‘(I) arrange all local educational 

7 agencies in the State by per pupil ex8 penditures or revenues in descending 

9 order from the highest to the lowest; 

10 ‘‘(II) using per-pupil expendi11 tures or revenues as the only criteria 

12 disregard those local educational 

13 agencies that are spending above the 

14 95th percentile and those spending 

15 below the 5th percentile; 

16 ‘‘(III) identify the local edu17 cational agency at the 95th percentile 

18 and the local educational agency at 

19 the 5th percentile; 

20 ‘‘(IV) subtract the amount of 

21 per-pupil expenditures or revenues of 

22 the local educational agency at the 

23 5th percentile from the amount of 

24 per-pupil expenditures or revenues of 

25 the local educational agency at the 


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•S 1108 IS

1 95th percentile and divide the dif2 ference by the per-pupil expenditures 

3 or revenues of the local educational 

4 agency at the 5th percentile; and 

5 ‘‘(V) take into account the extent 

6 to which a program of State aid re7 flects the additional cost of providing 

8 free public education in particular 

9 types of local educational agencies, 

10 such as those that are geographically 

11 isolated, or to particular types of stu12 dents, such as children with disabil13 ities.’’; and 

14 (2) in subsection (d)(2)— 

15 (A) by striking ‘‘A State’’ and inserting 

16 the following: 

17 ‘‘(A) IN GENERAL.—A State’’; and 

18 (B) by adding at the end of the following: 

19 ‘‘(B) STATES THAT ARE NOT EQUALIZED

20 STATES.—A State that has not been approved 

21 as an equalized State under subsection (b) shall 

22 not consider funds received under section 8002 

23 or section 8003 of this title in any State for24 mula or place a limit or direct the use of such 

25 funds or consider such funds.’’. 


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•S 1108 IS

1 SEC. 7. TIMELY PAYMENTS. 

2 Section 8010 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 7710) is amended by add4 ing at the end the following: 

5 ‘‘(d) TIMELY PAYMENTS.— 

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

7 the Secretary shall pay a local educational agency 

8 the full amount that the agency is eligible to receive 

9 under this title for a fiscal year not later than Sep10 tember 30 of the fiscal year following the fiscal year 

11 in which such amount has been appropriated if, not 

12 later than 1 calendar year following the fiscal year 

13 in which such amount has been appropriated, each 

14 local educational agency that is eligible to receive 

15 funds under this title for such fiscal year submits to 

16 the Secretary all the data and information necessary 

17 for the Secretary to pay the full amount that the 

18 agency is eligible to receive under this title for such 

19 fiscal year. 

20 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL

21 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO22 PRIATED.—For a fiscal year in which the amount 

23 appropriated under section 8014 is insufficient to 

24 pay the full amount a local educational agency is eli25 gible to receive under this title, paragraph (1) shall 

26 be applied by substituting ‘is available to pay the 


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•S 1108 IS

1 agency’ for ‘the agency is eligible to receive’ each 

2 place it appears.’’. 

3 SEC. 8. DEFINITIONS. 

4 Section 8013 of that Act (20 U.S.C. 7713) is amend5 ed— 

6 (1) in paragraph (1) by striking ‘‘and Marine 

7 Corps’’ and inserting ‘‘Marine Corps, and Coast 

8 Guard’’; 

9 (2) in paragraph (4)— 

10 (A) in the first sentence thereof, by strik11 ing ‘‘part A of title I and title VI’’ and insert12 ing ‘‘title I and part A of title V’’; and 

13 (B) in the second sentence, by striking ‘‘be 

14 determined’’ and inserting ‘‘be made’’; 

15 (3) in paragraph (5)(A)— 

16 (A) in clause (ii)— 

17 (i) in subclause (IV), by striking ‘‘; 

18 or’’ and inserting a semicolon; 

19 (ii) in subclause (V), by inserting ‘‘or’’ 

20 after the semicolon; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(VI) exempt of taxation real 

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•S 1108 IS

1 cluding State government, if upon 

2 such property resides a child whose 

3 parents or guardians are certified to 

4 live on such property is considered to 

5 meet the eligibility requirements of 

6 section 151.4 of part 150 of sub7 chapter H of title 25, Code of Federal 

8 Regulations;’’; and 

9 (B) in clause (iii)— 

10 (i) by amending subsclause (II) to 

11 read as follows: 

12 ‘‘(II) used to provide housing for 

13 homeless children at closed military 

14 installations pursuant to section 501 

15 of the McKinney-Vento Homeless As16 sistance Act (42 U.S.C. 11411);’’; and 

17 (ii) by amending subclause (III) to 

18 read as follows: 

19 ‘‘(III) used for affordable hous20 ing assisted under the Native Amer21 ican Housing Assistance and Self-De22 termination Act of 1996 (25 U.S.C. 

23 4101 et.seq.); or’’; 

24 (4) in paragraph (8)(A), by inserting commas 

25 before and after ‘‘and verified by’’; and 


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•S 1108 IS

1 (5) in paragraph (9)— 

2 (A) by amending subparagraph (A) to read 

3 as follows: 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the term ‘local educational 

6 agency’— 

7 ‘‘(i) means a board of education or 

8 other legally constituted local school au9 thority having administrative control and 

10 direction of free public education in a 

11 county, township, independent school dis12 trict, or other school district; and 

13 ‘‘(ii) includes any State agency that 

14 directly operates and maintains facilities 

15 for providing free public education; and 

16 that except for those local educational 

17 agencies determined to be eligible to re18 ceive a payment under section 8003 prior 

19 to the date of the enactment of the Local 

20 Taxpayer Relief Act, when submitting an 

21 application under this title for the first 

22 time on or after the date of the enactment 

23 of such Act, has the authority to tax and 

24 has boundaries as defined by applicable 

25 State law for the purposes of levying such 


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•S 1108 IS

1 taxes, or has been granted the authority to 

2 receive an imputed tax from a city, county, 

3 township, or other general purpose political 

4 subdivision of a State.’’; and 

5 (B) in subparagraph (B), in the matter 

6 preceding clause (i), by inserting a comma after 

7 ‘‘Secretary determines’’. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 8014 of that Act (20 U.S.C. 7714) is amend10 ed— 

11 (1) in subsection (a), by striking ‘‘$32,000,000 

12 for fiscal year 2000 and such sums as may be nec13 essary for each of the seven succeeding fiscal years’’ 

14 and inserting ‘‘such sums as may be necessary for 

15 fiscal years 2014 through 2017’’; 

16 (2) in subsection (b), by striking 

17 ‘‘$809,400,000 fiscal year 2000 and such sums as 

18 may be necessary for each of the seven succeeding 

19 fiscal years’’ and inserting ‘‘such sums as may be 

20 necessary for fiscal years 2014 through 2017’’; 

21 (3) in subsection (c), by striking ‘‘$50,000,000 

22 for fiscal year 2000 and such sums as may be nec23 essary for each of the seven succeeding fiscal years’’ 

24 and inserting ‘‘such sums as may be necessary for 

25 fiscal years 2014 through 2017’’; 


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1 (4) by redesignating subsection (e) as sub2 section (d); 

3 (5) in subsection (d) (as so redesignated by 

4 paragraph (4)), by striking ‘‘$10,052,000 for fiscal 

5 year 2000 and such sums as may be necessary for 

6 fiscal year 2001, $150,000,000 for fiscal year 2002, 

7 and such sums as may be necessary for each of the 

8 five succeeding fiscal years’’ and inserting ‘‘such 

9 sums as may be necessary for fiscal years 2014 

10 through 2017’’; 

11 (6) by redesignating subsection (f) as sub12 section (e); 

13 (7) in subsection (e) (as so designated by para14 graph (6)), by striking ‘‘$5,000,000 for fiscal year 

15 2000 and such sums as may be necessary for each 

16 of the seven succeeding fiscal years’’ and inserting 

17 ‘‘such sums as may be necessary for fiscal years 

18 2014 through 2017’’; and 

19 (8) by adding at the end of the following: 

20 ‘‘(f) ALLOCATION OF DOLLARS FROM PREVIOUS FIS21 CAL YEARS.—When final payments are made for a fiscal 

22 year the Secretary shall add any remaining funds to those 

23 funds appropriated for such section for the next fiscal year 

24 for the purpose of making payments subject to the provi25 sions of the applicable section.’’. 


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•S 1108 IS

1 SEC. 10. ADDITIONAL AND CONFORMING AMENDMENTS. 

2 (a) SUBPART 20 OF PART D OF TITLE V.—Subpart 

3 20 (20 U.S.C. 7281 et seq.) of part D of title V of that 

4 Act (relating to additional assistance for certain local edu5 cational agencies impacted by Federal property acquisi6 tion) is repealed. 

7 (b) TITLE VIII.—Title VIII of Elementary and Sec8 ondary Education Act (20 U.S.C. 7701 et seq.) is further 

9 amended— 

10 (1) in section 8004 (20 U.S.C. 7704)— 

11 (A) in subsection (e)(1)(B)(i), by striking 

12 ‘‘involved, or if’’ and inserting ‘‘involved or, if’’; 

13 and 

14 (B) in subsection (f), by striking ‘‘upon’’ 

15 and inserting ‘‘on’’; 

16 (2) in section 8008(a) (20 U.S.C. 7708(a)), by 

17 striking ‘‘section 8014(f)’’ and inserting ‘‘section 

18 8014(e)’’; 

19 (3) in section 8010 (20 U.S.C. 7710)— 

20 (A) in subsection (b), by striking ‘‘require’’ 

21 and inserting ‘‘need’’; and 

22 (B) in subsection (c)(1)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

25 (2)’’; and 


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52 

•S 1108 IS

1 (ii) in subparagraph (B), by striking 

2 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

3 (2)’’; and 

4 (4) in section 8011(a) (20 U.S.C. 7711 (a)), by 

5 striking ‘‘or under’’ and all that follows through ‘‘of 

6 1994)’’. 

Æ 


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