II 

114TH CONGRESS 

1ST SESSION S. 658 

To reauthorize the impact aid program under the Elementary and Secondary 

Education Act of 1965. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2015 

Mr. THUNE (for himself and Ms. HIRONO) 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. REFERENCES. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 


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1 section or other provision of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

3 SEC. 3. AMENDMENTS TO IMPACT AID IMPROVEMENT ACT 

4 OF 2012. 

5 Section 563(c) of the National Defense Authorization 

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

7 1748) is amended— 

8 (1) by striking paragraphs (1) and (4); and 

9 (2) by redesignating paragraphs (2) and (3) as 

10 paragraphs (1) and (2), respectively. 

11 SEC. 4. PAYMENTS RELATING TO FEDERAL ACQUISITION 

12 OF REAL PROPERTY. 

13 (a) AMENDMENTS.—Section 8002 (20 U.S.C. 7702) 

14 is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2), by inserting ‘‘as cal17 culated under paragraph (3)’’ before the period 

18 at the end; and 

19 (B) by striking subparagraph (B) of para20 graph (3) and inserting the following: 

21 ‘‘(B) SPECIAL RULE.—In the case of Fed22 eral property eligible under this section that is 

23 within the boundaries of 2 or more local edu24 cational agencies that are eligible under this 

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1 retary to calculate (and the Secretary shall cal2 culate) the taxable value of the eligible Federal 

3 property that is within its boundaries by— 

4 ‘‘(i) first calculating the per-acre 

5 value of the eligible Federal property sepa6 rately for each eligible local educational 

7 agency that shares the Federal property, 

8 as provided in subparagraph (A)(ii); 

9 ‘‘(ii) then averaging the resulting per10 acre values of the eligible Federal property 

11 from each eligible local educational agency 

12 that shares the Federal property; and 

13 ‘‘(iii) then applying the average per14 acre value to determine the total taxable 

15 value of the eligible Federal property under 

16 subparagraph (A)(iii) for the requesting 

17 local educational agency.’’; 

18 (2) by striking subsection (f) and inserting the 

19 following: 

20 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

21 2015, a local educational agency shall be deemed to meet 

22 the requirements of subsection (a)(1)(C) if the agency was 

23 eligible under paragraph (1) or (3) of this subsection, as 

24 in effect on the day before the date of enactment of the 

25 Local Taxpayer Relief Act’’; 


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1 (3) by striking subsection (g) and inserting the 

2 following: 

3 ‘‘(g) FORMER DISTRICTS.— 

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

5 and all succeeding fiscal years, if a local educational 

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

7 time after 1938 by the consolidation of 2 or more 

8 former school districts, the local educational agency 

9 may elect to have the Secretary determine its eligi10 bility and any amount for which the local edu11 cational agency is eligible under this section for any 

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

13 districts, as designated by the local educational 

14 agency. 

15 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN16 CIES.—A local educational agency referred to in 

17 paragraph (1) is— 

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

19 fiscal year 1994 or any preceding fiscal year, 

20 applied, and was determined to be eligible 

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

22 1950 (Public Law 874, 81st Congress), as that 

23 section was in effect for that fiscal year; or 

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

25 the consolidation of 2 or more districts, at least 


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1 1 of which was eligible for assistance under this 

2 section for the fiscal year preceding the year of 

3 the consolidation, if for fiscal years 2006 

4 through 2015, the local educational agency had 

5 notified the Secretary of the designation not 

6 later than 30 days after the date of enactment 

7 of the Local Taxpayer Relief Act. 

8 ‘‘(3) AMOUNT.—A local educational agency eli9 gible under this subsection shall receive a foundation 

10 payment as provided for under subparagraphs (A) 

11 and (B) of subsection (h)(1), as in effect on the date 

12 of enactment of the Consolidated Appropriations 

13 Act, 2014, except that the foundation payment shall 

14 be calculated based on the most recent payment re15 ceived by the local educational agency based on its 

16 former common status. 

17 ‘‘(4) AVAILABILITY OF FUNDS.—Notwith18 standing any other provision of law limiting the pe19 riod during which the Secretary may obligate funds 

20 appropriated for any fiscal year after 2005, the Sec21 retary may obligate funds remaining after final pay22 ments have been made from any of such fiscal years 

23 to carry out this subsection.’’; 

24 (4) in subsection (h)— 


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1 (A) in paragraph (1)(B)(i), by striking 

2 ‘‘subsection (b)(1)(C)’’ and inserting ‘‘subpara3 graph (A)(i)(III) or (C) of subsection (b)(1)’’; 

4 (B) by redesignating paragraphs (2) 

5 through (4) as paragraphs (3) through (5), re6 spectively; 

7 (C) by inserting after paragraph (1) the 

8 following: 

9 ‘‘(2) FOUNDATION PAYMENTS FOR APPLICANTS

10 ELIGIBLE PRIOR TO FISCAL YEAR 2006.— 

11 ‘‘(A) FIRST YEAR.—From any amount re12 maining after making payments under para13 graph (1) and subsection (i)(1) for the fiscal 

14 year involved, the Secretary shall make a pay15 ment in an amount of 90 percent of the amount 

16 as determined in accordance with subparagraph 

17 (C)(i) of paragraph (3) to a local educational 

18 agency that is eligible for a payment for such 

19 year and— 

20 ‘‘(i) is, or was, eligible to receive a 

21 payment under this section for fiscal year 

22 2016; and 

23 ‘‘(ii)(I) was eligible and received a 

24 payment prior to fiscal year 2006 but did 


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1 not apply in each of the succeeding fiscal 

2 years; or 

3 ‘‘(II) met the eligibility requirements 

4 as provided in subsection (a) prior to fiscal 

5 year 2006 but was denied a payment under 

6 subsection (b)(1)(A)(i)(III) or subsection 

7 (b)(1)(C). 

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

9 For any succeeding fiscal year after the first 

10 fiscal year that a local educational agency re11 ceives a foundation payment under subpara12 graph (A), the amount of the local educational 

13 agency’s foundation payment under this para14 graph shall be equal to the local educational 

15 agency’s foundation payment under this para16 graph for the first fiscal year.’’; 

17 (D) in paragraph (3)(A), as redesignated 

18 by subparagraph (B), by striking ‘‘paragraph 

19 (1)’’ and inserting ‘‘paragraphs (1) and (2)’’; 

20 (E) in paragraph (4), as redesignated by 

21 subparagraph (B)— 

22 (i) by striking ‘‘under paragraphs (1) 

23 and (2)’’ and inserting ‘‘under paragraphs 

24 (1), (2), and (3)’’ and strike ‘‘under para25 graph (1) or (2) or subsection (i)(1);’’ and 


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1 (ii) by striking ‘‘under paragraph (1) 

2 or (2)’’ and inserting ‘‘under paragraph 

3 (1), (2), or (3)’’; and 

4 (F) by striking paragraph (5), as redesig5 nated by subparagraph (B), and inserting the 

6 following: 

7 ‘‘(5) DATA.—For each local educational agency 

8 that received a payment under this section for fiscal 

9 year 2010 through the fiscal year in which the Local 

10 Taxpayer Relief Act was enacted, the Secretary shall 

11 not make a payment under paragraph (4) to a local 

12 educational agency that fails to submit, within 60 

13 days of the date the Secretary notified the agency 

14 that the information is needed, the data necessary to 

15 calculate the maximum amount of a payment under 

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

17 (5) in subsection (i)(1), by striking ‘‘subsection 

18 (h)(3)’’ and inserting ‘‘(h)(4)’’; and 

19 (6) in subsection (l), by striking ‘‘(h)(4)(B)’’ 

20 and inserting ‘‘(h)(2)’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to applications submitted for fiscal 

23 year 2010 and all succeeding fiscal years. 


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1 SEC. 5. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 

2 CHILDREN. 

3 Section 8003 (20 U.S.C. 7703) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A), by inserting after 

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

8 children enrolled in a State that has a State 

9 open enrollment policy (but not including those 

10 children enrolled in a distance learning program 

11 not residing within the defined boundaries of 

12 the agency),’’; 

13 (B) by striking paragraph (4) and insert14 ing the following: 

15 ‘‘(4) MILITARY INSTALLATION AND INDIAN

16 HOUSING UNDERGOING RENOVATION OR REBUILD17 ING.— 

18 ‘‘(A) MILITARY INSTALLATION HOUSING.— 

19 Beginning in fiscal year 2014, in determining 

20 the amount of a payment for a local educational 

21 agency for children described in paragraph 

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

23 children as if they were children described in 

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

25 on the basis of a certification provided to the 

26 Secretary by a designated representative of the 


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1 Secretary of Defense, that those children would 

2 have resided in housing on Federal property if 

3 the housing was not undergoing renovation or 

4 rebuilding. The total number of children treated 

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

6 not exceed the lesser of— 

7 ‘‘(i) the total number of children eligi8 ble under paragraph (1)(B) for the year 

9 prior to the initiation of the housing 

10 project on Federal property undergoing 

11 renovation or rebuilding; or 

12 ‘‘(ii) the total number of federally 

13 connected children enrolled in the local 

14 educational agency as stated in the appli15 cation filed for the payment for the year 

16 for which the determination is made. 

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

18 year 2014, in determining the amount of a pay19 ment for a local educational agency that re20 ceived a payment for children that resided on 

21 Indian lands in accordance with paragraph 

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

23 for which the local educational agency is mak24 ing an application, the Secretary shall consider 

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1 graph (1)(C) if the Secretary determines on the 

2 basis of certification provided to the Secretary 

3 by a designated representative of the Secretary 

4 of the Interior or the Secretary of Housing and 

5 Urban Development that those children would 

6 have resided in housing on Indian lands if the 

7 housing was not undergoing renovation or re8 building. The total number of children treated 

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

10 not exceed the lesser of— 

11 ‘‘(i) the total number of children eligi12 ble under paragraph (1)(C) for the year 

13 prior to the initiation of the housing 

14 project on Indian lands undergoing renova15 tion or rebuilding; or 

16 ‘‘(ii) the total number of federally 

17 connected children enrolled in the local 

18 educational agency as stated in the appli19 cation filed for the payment for the year 

20 for which the determination is made. 

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

22 rebuilding shall be defined as projects consid23 ered as capitalization, modernization, or res24 toration, as defined by the Secretary of Defense 

25 or the Secretary of the Interior (as the case 


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1 may be) and are projects that last more than 

2 30 days, but do not include ‘sustainment 

3 projects’ such as painting, carpeting, or minor 

4 repairs.’’; and 

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

6 ‘‘1984, to be children described under para7 graph (1)(B) if the property described is within 

8 the fenced security perimeter of the military fa9 cility upon which such housing is situated.’’ and 

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

11 property under subchapter IV of chapter 169 of 

12 title 10, United States Code, to be children de13 scribed under paragraph (1)(B) if the property 

14 described is within the fenced security perim15 eter of the military facility or attached to and 

16 under any type of force protection agreement 

17 with the military installation where such hous18 ing is situated.’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (B)— 

22 (I) in the subparagraph heading, 

23 by striking ‘‘CONTINUING’’; 

24 (II) by striking clause (i) and in25 serting the following: 


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1 ‘‘(i) IN GENERAL.—A heavily im2 pacted local educational agency is eligible 

3 to receive a basic support payment under 

4 subparagraph (A) with respect to a num5 ber of children determined under sub6 section (a)(1) if the agency— 

7 ‘‘(I) is a local educational agency 

8 whose boundaries are the same as a 

9 Federal military installation or the 

10 boundaries are the same as island 

11 property designated by the Secretary 

12 of the Interior to be property that is 

13 held in trust by the Federal Govern14 ment and the agency has no taxing 

15 authority; 

16 ‘‘(II) is a local educational agen17 cy— 

18 ‘‘(aa) that has an enrollment 

19 of children described in sub20 section (a)(1) that constitutes a 

21 percentage of the total student 

22 enrollment of the agency that is 

23 not less than 45 percent; 

24 ‘‘(bb) that has a per-pupil 

25 expenditure that is less than— 


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1 ‘‘(AA) for an agency 

2 that has a total student en3 rollment of 500 or more stu4 dents, 125 percent of the av5 erage per-pupil expenditure 

6 of the State in which the 

7 agency is located; or 

8 ‘‘(BB) for an agency 

9 that has a total student en10 rollment of less than 500, 

11 150 percent of the average 

12 per-pupil expenditure of the 

13 State in which the agency is 

14 located, or the average per15 pupil expenditure of 3 or 

16 more comparable local edu17 cational agencies in the 

18 State in which the agency is 

19 located; and 

20 ‘‘(cc) that is an agency that 

21 has a tax rate for general fund 

22 purposes that is at least 95 per23 cent of the average tax rate for 

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1 parable local educational agencies 

2 in the State; 

3 ‘‘(III) is a local educational agen4 cy that has a total student enrollment 

5 of not less than 25,000 students, of 

6 which not less than 50 percent are 

7 children described in subsection (a)(1) 

8 and not less than 5,000 of such chil9 dren are children described in sub10 paragraphs (A) and (B) of subsection 

11 (a)(1); or 

12 ‘‘(IV) is a local educational agen13 cy that was eligible for and received a 

14 payment under this paragraph in fis15 cal year 2012 and— 

16 ‘‘(aa) has an enrollment of 

17 children described in subsection 

18 (a)(1) that constitutes a percent19 age of the total student enroll20 ment of the agency that is not 

21 less than 20 percent; 

22 ‘‘(bb) for the 3 fiscal years 

23 preceding the fiscal year for 

24 which the determination is made, 

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1 dren who are not described in 

2 subsection (a)(1) and who are eli3 gible for a free or reduced price 

4 lunch under the Richard B. Rus5 sell National School Lunch Act 

6 constitutes a percentage of the 

7 total student enrollment of the 

8 agency that is not less than 65 

9 percent; and 

10 ‘‘(cc) has a tax rate for gen11 eral fund purposes which is not 

12 less than 1.25 percent of the av13 erage tax rate for general fund 

14 purposes for comparable local 

15 educational agencies in the 

16 State.’’; 

17 (III) by striking clause (ii) and 

18 inserting the following: 

19 ‘‘(ii) LOSS OF ELIGIBILITY.— 

20 ‘‘(I) IN GENERAL.—Subject to 

21 subclause (II), a heavily impacted 

22 local educational agency that met the 

23 requirements of clause (i) for a fiscal 

24 year shall be ineligible to receive a 

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1 graph (A) if the agency fails to meet 

2 the requirements of clause (i) for a 

3 subsequent fiscal year, except that 

4 such agency shall continue to receive 

5 a basic support payment under this 

6 paragraph for the fiscal year for 

7 which the ineligibility determination is 

8 made. 

9 ‘‘(II) EXCEPTION.—A local edu10 cational agency that is eligible under 

11 subparagraph (A) but whose tax rate 

12 for general fund purposes falls below 

13 95 percent of the average tax rate for 

14 general fund purposes of local edu15 cational agencies in the State for 2 

16 consecutive years shall lose its eligi17 bility and be subject to subclause 

18 (I).’’; 

19 (IV) by striking clause (iii) and 

20 inserting the following: 

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

22 the first year for which a heavily impacted 

23 local educational agency described in 

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1 spect to the first fiscal year for which a 

2 heavily impacted local educational agency 

3 applies for a basic support payment under 

4 subparagraph (A) after becoming ineligible 

5 under clause (i) for 1 or more preceding 

6 fiscal years, the agency shall apply for 

7 such payment at least 1 year prior to the 

8 start of that fiscal year.’’; and 

9 (V) by adding at the end the fol10 lowing: 

11 ‘‘(iv) SPECIAL RULE.—Notwith12 standing clause (i)(II), a local educational 

13 agency shall be considered eligible to re14 ceive a basic support payment under sub15 paragraph (A) with respect to the number 

16 of children determined under subsection 

17 (a)(1) if the agency— 

18 ‘‘(I) has an enrollment of chil19 dren described in subsection (a)(1), 

20 including, for purposes of determining 

21 eligibility, those children described in 

22 subparagraphs (F) and G) of such 

23 subsection, that constitutes a percent24 age of the total student enrollment of 


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1 the agency that is not less than 35 

2 percent; and 

3 ‘‘(II) was eligible to receive as4 sistance under paragraph (2) for fis5 cal year 2001.’’; 

6 (ii) by striking subparagraph (C) and 

7 inserting the following: 

8 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM9 PACTED LOCAL EDUCATIONAL AGENCIES.— 

10 ‘‘(i) IN GENERAL.—The maximum 

11 amount that a heavily impacted local edu12 cational agency is eligible to receive under 

13 this paragraph for any fiscal year is the 

14 sum of the total weighted student units, as 

15 computed under subsection (a)(2) and sub16 ject to clause (ii), multiplied by the greater 

17 of— 

18 ‘‘(I) four-fifths of the average 

19 per-pupil expenditure of the State in 

20 which the local educational agency is 

21 located for the third fiscal year pre22 ceding the fiscal year for which the 

23 determination is made; or 

24 ‘‘(II) four-fifths of the average 

25 per-pupil expenditure of all of the 


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1 States for the third fiscal year pre2 ceding the fiscal year for which the 

3 determination is made. 

4 ‘‘(ii) SPECIAL RULE.—(I)(aa) For a 

5 local educational agency with respect to 

6 which 35 percent or more of the total stu7 dent enrollment of the schools of the agen8 cy are children described in subparagraph 

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

10 subsection (a)(1), and that has an enroll11 ment of children described in subpara12 graph (A), (B), or (C) of such subsection 

13 equal to at least 10 percent of the agency’s 

14 total enrollment, the Secretary shall cal15 culate the weighted student units of those 

16 children described in subparagraph (D) or 

17 (E) of such subsection by multiplying the 

18 number of such children by a factor of 

19 0.55. 

20 ‘‘(bb) For any local educational agen21 cy that received a payment under this 

22 clause in fiscal year 2012 (as such clause 

23 was in effect for that fiscal year), the local 

24 educational agency shall not be required to 

25 have an enrollment of children described in 


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1 subparagraph (A), (B), or (C) of sub2 section (a)(1) equal to at least 10 percent 

3 of the agency’s total enrollment. 

4 ‘‘(II) For a local educational agency 

5 that has an enrollment of 100 or fewer 

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

7 Secretary shall calculate the total number 

8 of weighted student units for purposes of 

9 subsection (a)(2) by multiplying the num10 ber of such children by a factor of 1.75. 

11 ‘‘(III) For a local educational agency 

12 that does not qualify under subparagraph 

13 (B)(i)(I) and has an enrollment of more 

14 than 100 but not more than 1,000 children 

15 described in subsection (a)(1), the Sec16 retary shall calculate the total number of 

17 weighted student units for purposes of sub18 section (a)(2) by multiplying the number 

19 of such children by a factor of 1.25.’’; 

20 (iii) by amending subparagraph (D) to 

21 read as follows: 

22 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

23 HEAVILY IMPACTED LOCAL EDUCATIONAL

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

25 maximum amount that a heavily impacted local 


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1 educational agency described in subclause (II) 

2 is eligible to receive under this paragraph for 

3 any fiscal year shall be determined in accord4 ance with the formula described in paragraph 

5 (1)(C). 

6 ‘‘(II) A heavily impacted local educational 

7 agency described in this subclause is a local 

8 educational agency that has a total student en9 rollment of not less than 25,000 students, of 

10 which not less than 50 percent are children de11 scribed in subsection (a)(1) and not less than 

12 5,000 of such children are children described in 

13 subparagraphs (A) and (B) of subsection 

14 (a)(1). 

15 ‘‘(ii) For purposes of calculating the max16 imum amount described in clause (i), the factor 

17 used in determining the weighted student units 

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

19 described in subparagraphs (A) and (B) of sub20 section (a)(1) shall be 1.35.’’; 

21 (iv) by striking subparagraph (E); 

22 (v) by redesignating subparagraphs 

23 (F), (G), and (H) as subparagraphs (E), 

24 (F), and (G), respectively; 


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1 (vi) in subparagraph (E) (as redesig2 nated by clause (v))— 

3 (I) by striking clause (ii); 

4 (II) by striking ‘‘; and’’ at the 

5 end of clause (i) and inserting a pe6 riod; and 

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

8 and all that follows through ‘‘shall 

9 use’’ and inserting ‘‘the Secretary 

10 shall use’’; 

11 (vii) in subparagraph (F) (as redesig12 nated by clause (v))— 

13 ‘‘(G) DETERMINATION OF AVERAGE TAX

14 RATES FOR GENERAL FUND PURPOSES.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), for the purpose of de17 termining the average tax rates for general 

18 fund purposes for local educational agen19 cies in a State under this paragraph, the 

20 Secretary shall use either— 

21 ‘‘(I) the average tax rate for gen22 eral fund purposes for comparable 

23 local educational agencies, as deter24 mined by the Secretary in regulations; 

25 or 


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1 ‘‘(II) the average tax rate of all 

2 the local educational agencies in the 

3 State. 

4 ‘‘(ii) SPECIAL RULE.— 

5 ‘‘(I) FISCAL YEARS 2010–2015.— 

6 For fiscal years 2010 through 2015, 

7 any local educational agency that was 

8 found ineligible to receive a payment 

9 under subsection (b)(2)(A) because 

10 the Secretary determined that it failed 

11 to meet the average tax rate require12 ment for general fund purposes in 

13 subparagraph (B)(i)(II)(bb), as in ef14 fect on the day before the date of en15 actment of the Local Taxpayer Relief 

16 Act, shall be considered to have met 

17 that requirement, if the State deter18 mined, through an alternate calcula19 tion of average tax rates for general 

20 fund purposes, that such local edu21 cational agency met that requirement. 

22 ‘‘(II) SUBSEQUENT FISCAL

23 YEARS AFTER 2015.—For any fiscal 

24 year after fiscal year 2015, any local 

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1 quirements of subclause (I) and re2 ceived a payment under such sub3 clause for 1 or more of fiscal years 

4 2010 through 2015 may continue to 

5 have the State use such subclause (I) 

6 to determine if the local educational 

7 agency has met the average tax rate 

8 requirement of clause (i), including 

9 using the alternate methodology de10 scribed in subclause (I) to determine 

11 whether the local educational agency 

12 has met the average tax rate require13 ment for general fund purposes under 

14 subclause (B)(i)(II)(bb), as in effect 

15 on the day before the date of enact16 ment of the Local Taxpayer Relief 

17 Act. 

18 ‘‘(III) AVAILABILITY OF

19 FUNDS.—Notwithstanding any other 

20 provision of law limiting the period 

21 during which the Secretary may obli22 gate funds appropriated for any fiscal 

23 year after 2012, the Secretary shall 

24 reserve an amount equal to a total of 

25 $14,000,000 from funds that remain 


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1 unobligated under this section from 

2 fiscal year 2013 or 2014 in order to 

3 make payments under this subpara4 graph for fiscal years 2011 through 

5 2014.’’; and 

6 (viii) in subparagraph (G) (as redesig7 nated by clause (v))— 

8 (I) in clause (i)— 

9 (aa) by striking ‘‘(B), (C), 

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

11 (C), or (D),’’; 

12 (bb) by striking ‘‘by reason 

13 of’’ and inserting ‘‘due to’’; 

14 (cc) by inserting after 

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

16 as the direct result of base re17 alignment and closure or 

18 modularization as determined by 

19 the Secretary of Defense and 

20 force structure change or force 

21 relocation,’’; and 

22 (dd) by inserting before the 

23 period at the end the following: 

24 ‘‘or during such time as activities 

25 associated with base closure and 


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1 realignment, modularization, 

2 force structure change, or force 

3 relocation is ongoing’’; and 

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

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

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

7 and 

8 (B) in paragraph (3)— 

9 (i) in subparagraph (B)— 

10 (I) by striking clause (iii) and in11 serting the following: 

12 ‘‘(iii) In the case of a local educational 

13 agency providing a free public education to stu14 dents enrolled in kindergarten through grade 

15 12, that enrolls students described in subpara16 graphs (A), (B), and (D) of subsection (a)(1) 

17 only in grades 9 through 12, and that received 

18 a final payment in fiscal year 2009 calculated 

19 under this paragraph (as this paragraph was in 

20 effect on the day before the date of enactment 

21 of the Local Taxpayer Relief Act) for students 

22 in grades 9 through 12, the Secretary shall, in 

23 calculating the agency’s payment, consider only 

24 that portion of such agency’s total enrollment 

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1 lating the percentage under clause (i)(I) and 

2 only that portion of the total current expendi3 tures attributed to the operation of grades 9 

4 through 12 in such agency when calculating the 

5 percentage under clause (i)(II).’’; 

6 (II) by redesignating clause (iv) 

7 as clause (v); and 

8 (III) by inserting after clause 

9 (iii) the following: 

10 ‘‘(iv) For any local educational agency 

11 that is providing a program of distant 

12 learning to children not residing within the 

13 legally defined boundaries of the agency, 

14 the Secretary shall disregard such children 

15 from such agency’s total enrollment when 

16 calculating the percentage under subclause 

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

18 funds received for such children when cal19 culating the total current expenditures at20 tributed to the operation of such agency 

21 when calculating the percentage under sub22 clause (II) of clause (i).’’; 

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

24 ‘‘subparagraph (D) or (E) of paragraph 


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1 (2), as the case may be’’ and inserting 

2 ‘‘paragraph (2)(D)’’; and 

3 (iii) by striking subparagraph (D) and 

4 inserting the following: 

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

6 fiscal year described in subparagraph (A) for 

7 which the sums available exceed the amount re8 quired to pay each local educational agency 100 

9 percent of its threshold payment, the Secretary 

10 shall distribute the excess sums to each eligible 

11 local educational agency that has not received 

12 its full amount computed under paragraph (1) 

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

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

15 which is the difference between the full 

16 amount computed under paragraph (1) or 

17 (2) (as the case may be) for all local edu18 cational agencies and the amount of the 

19 threshold payment as calculated under sub20 paragraphs (B) and (C) of all local edu21 cational agencies, and the numerator of 

22 which is the aggregate amount of the ex23 cess sums, by 

24 ‘‘(ii) the difference between the full 

25 amount computed under paragraph (1) or 


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

2 and the amount of the threshold payment 

3 as calculated under subparagraphs (B) and 

4 (C) of the agency.’’; 

5 (3) in subsection (c), by striking paragraph (2) 

6 and inserting the following: 

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

8 a local educational agency shall be based on data 

9 from the fiscal year for which the agency is making 

10 an application for payment if such agency— 

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

12 the first year of operation of such agency only; 

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

14 under this section for the previous fiscal year 

15 and has had an overall increase in enrollment 

16 (as determined by the Secretary in consultation 

17 with the Secretary of Defense, the Secretary of 

18 the Interior, or the heads of other Federal 

19 agencies)— 

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

21 100 students, of children described in— 

22 ‘‘(I) subparagraph (A), (B), (C), 

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

24 ‘‘(II) subparagraph (F) or (G) of 

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1 tent such children are civilian depend2 ents of employees of the Department 

3 of Defense or the Department of the 

4 Interior; and 

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

6 or realignment of military installations 

7 under the base closure process or the relo8 cation of members of the Armed Forces 

9 and civilian employees of the Department 

10 of Defense as part of force structure 

11 changes or movements of units or per12 sonnel between military installations or be13 cause of actions initiated by the Secretary 

14 of the Interior or head of another Federal 

15 agency; and 

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

17 under this section for the previous fiscal year 

18 and has had an overall increase in enrollment 

19 (as determined by the Secretary)— 

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

21 100 students, of children described in sub22 section (a)(1); and 

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

24 closure of a local educational agency that 

25 received a payment under paragraph (1) or 


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1 (2) of subsection (b) in the previous fiscal 

2 year.’’; 

3 (4) in subsection (e)— 

4 (A) by striking paragraph (1) and insert5 ing the following: 

6 ‘‘(1) IN GENERAL.—In the case of any local 

7 educational agency whose payment under subsection 

8 (b) for a fiscal year is determined to be reduced by 

9 an amount greater than $5,000,000 or by 20 per10 cent, as compared to the amount received in the pre11 vious fiscal year, the Secretary shall, subject to 

12 paragraph (2), pay a local educational agency, for 

13 each of the 3 years following the reduction under 

14 subsection (b), the amount determined under para15 graph (2). 

16 ‘‘(2) AMOUNT OF REDUCTION.—Subject to 

17 paragraph (3), a local educational agency described 

18 in paragraph (1) shall receive— 

19 ‘‘(A) for the first year for which the re20 duced payment is determined, the amount shall 

21 not be less than 90 percent of the total amount 

22 that the local educational agency received under 

23 paragraph (1) or (2) of subsection (b) in the 

24 fiscal year prior to the reduction (referred to in 

25 this paragraph as the ‘base year’); 


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1 ‘‘(B) for the second year following such re2 duction, the amount shall be not less than 85 

3 percent of the total amount that the local edu4 cational agency received under paragraph (1) or 

5 (2) of subsection (b) in the base year. 

6 ‘‘(C) for the third year following such re7 duction, the amount shall not be less than 80 

8 percent of the total amount that the local edu9 cational agency received under paragraph (1) or 

10 (2) of subsection (b) in the base year. 

11 ‘‘(3) SPECIAL RULE.—For any fiscal year for 

12 which a local educational agency would be subject to 

13 a reduced payment under subparagraph (B) or (C) 

14 of paragraph (2), but the total amount of the pay15 ment that the local educational agency is eligible for 

16 under subsection (b) for that fiscal year is greater 

17 than the amount that initially subjected the local 

18 educational agency to the requirements of this sub19 section, the Secretary shall pay the greater amount 

20 to the local educational agency for such year.’’; 

21 (B) by striking paragraph (2); and 

22 (C) by redesignating paragraph (3) as 

23 paragraph (2); and 

24 (5) by striking subsection (g). 


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1 SEC. 6. APPLICATION FOR PAYMENTS UNDER SECTIONS 

2 8002 AND 8003. 

3 Section 8005 (20 U.S.C. 7705) is amended— 

4 (1) by redesignating subsections (c) and (d) as 

5 subsections (d) and (e), respectively; and 

6 (2) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c) STUDENT COUNT.—In collecting information to 

9 determine the eligibility of a local educational agency and 

10 the number of federally connected children for the local 

11 educational agency, the Secretary shall, in addition to any 

12 options provided under section 222.35 of title 34, Code 

13 of Federal Regulations, or a successor regulation, allow 

14 a local educational agency to count the number of such 

15 children served by the agency as of the date by which the 

16 agency requires all students to register for the school year 

17 of the fiscal year for which the application is filed.’’. 

18 SEC. 7. CONSTRUCTION. 

19 Section 8007 (20 U.S.C. 7707) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘40 percent’’ and in23 serting ‘‘80 percent’’; and 

24 (ii) by striking ‘‘8014(e)’’ and insert25 ing ‘‘8014(d)’’; 


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1 (B) in paragraph (2), by adding at the end 

2 the following: 

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

4 8003(b)(2) or is receiving a basic support pay5 ment under circumstances described in section 

6 8003(b)(2)(B)(ii).’’; and 

7 (C) by striking paragraph (3) and insert8 ing the following: 

9 ‘‘(3) AMOUNT OF PAYMENTS.— 

10 ‘‘(A) LOCAL EDUCATIONAL AGENCIES IM11 PACTED BY MILITARY DEPENDENT CHIL12 DREN.— 

13 ‘‘(i) IN GENERAL.—The amount of a 

14 payment to each local educational agency 

15 described in this subsection that is im16 pacted by military dependent children for a 

17 fiscal year shall be equal to— 

18 ‘‘(I)(aa) 40 percent of the 

19 amount appropriated under section 

20 8014(d) for such fiscal year; divided 

21 by 

22 ‘‘(bb) the number of children de23 scribed in subparagraphs (B) and 

24 (D)(i) of section 8003(a)(1) who were 

25 in average daily attendance for all 


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1 local educational agencies described in 

2 paragraph (2), including the number 

3 of children attending a school facility 

4 described in section 8008(a) if the 

5 Secretary does not provide assistance 

6 for the school facility under that sec7 tion for the fiscal year; multiplied by 

8 ‘‘(II) the number of children de9 termined for such agency. 

10 ‘‘(ii) LIMITATION.—Notwithstanding 

11 clause (i), the amount of a payment pro12 vided under this subparagraph shall be— 

13 ‘‘(I) not less than $25,000, ex14 cept that this subclause shall not 

15 apply if the amount available to carry 

16 out paragraph (1) for such fiscal year 

17 is less than $32,000,000; and 

18 ‘‘(II) not more than $4,000,000. 

19 ‘‘(B) LOCAL EDUCATIONAL AGENCIES IM20 PACTED BY CHILDREN WHO RESIDE ON INDIAN

21 LANDS.— 

22 ‘‘(i) IN GENERAL.—The amount of a 

23 payment to each local educational agency 

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1 pacted by children who reside on Indian 

2 lands for a fiscal year shall be equal to— 

3 ‘‘(I)(aa) 40 percent of the 

4 amount appropriated under section 

5 8014(e) for such fiscal year; divided 

6 by 

7 ‘‘(bb) the number of children de8 scribed in section 8003(a)(1)(C) who 

9 were in average daily attendance for 

10 all local educational agencies de11 scribed in paragraph (2); multiplied 

12 by 

13 ‘‘(II) the number of children de14 termined for such agency. 

15 ‘‘(ii) LIMITATION.—Notwithstanding 

16 clause (i), the amount of a payment pro17 vided under this subparagraph shall be— 

18 ‘‘(I) not less than $25,000, ex19 cept that this subclause shall not 

20 apply if the amount available to carry 

21 out paragraph (1) for such fiscal year 

22 is less than $32,000,000; and 

23 ‘‘(II) not more than 

24 $4,000,000.’’; and 

25 (2) in subsection (b)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by striking ‘‘60 percent’’ and in4 serting ‘‘20 percent’’; and 

5 (ii) by striking ‘‘section 8014(e)’’ and 

6 inserting ‘‘section 8014(d)’’; 

7 (B) in paragraph (3)— 

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

9 preceding clause (i), by inserting ‘‘if the 

10 agency meets the requirements of para11 graph (7), or’’ after ‘‘under paragraph 

12 (2)(A)’’; 

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

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

15 and all that follows through the period at 

16 the end of item (bb) and inserting ‘‘the 

17 number of children determined under sec18 tion 8003(a)(1)(C) for the agency for the 

19 preceding school year constituted at least 

20 40 percent of the total student enrollment 

21 in the schools of the agency during the 

22 preceding school year.’’; and 

23 (iii) by striking subclause (II) of sub24 paragraph (D)(ii) and inserting the fol25 lowing: 


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1 ‘‘(II) The number of children de2 termined under section 8003(a)(1)(C) 

3 for the school for the preceding school 

4 year constituted at least 40 percent of 

5 the total student enrollment in the 

6 school during the preceding school 

7 year.’’; 

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

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

10 (C)’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(7) SPECIAL RULE.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding 

14 paragraphs (3)(C)(i)(I) and (3)(D)(ii)(II), a 

15 local educational agency or school is eligible to 

16 receive a grant under this subsection in any one 

17 fiscal year if such agency or school— 

18 ‘‘(i) was eligible to receive a payment 

19 under section 8003 for the fiscal year prior 

20 to the year for which the application is 

21 made; and 

22 ‘‘(ii) has had an overall increase in en23 rollment— 

24 ‘‘(I) during the period between 

25 the end of the school year preceding 


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1 the fiscal year for which the applica2 tion is made and the beginning of the 

3 school year immediately preceding 

4 that school year; 

5 ‘‘(II) of not less than 250 stu6 dents or 10 percent (whichever is 

7 lower), of children described in— 

8 ‘‘(aa) subparagraph (A), 

9 (B), (C), or (D) of section 

10 8003(a)(1); or 

11 ‘‘(bb) subparagraph (F) or 

12 (G) of section 8003(a)(1), but 

13 only to the extent such children 

14 are civilian dependents of em15 ployees of the Department of De16 fense; and 

17 ‘‘(III) that is the direct result of 

18 one or more of the following: 

19 ‘‘(aa) Base realignment and 

20 closure or global rebasing, as de21 termined by the Secretary of De22 fense. 

23 ‘‘(bb) Force structure 

24 changes or force reductions. 


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1 ‘‘(cc) An action initiated by 

2 the Secretary of the Interior or 

3 head of another Federal agency. 

4 ‘‘(B) MAXIMUM AMOUNT.—A grant award5 ed to a local educational agency or school de6 scribed in subparagraph (A) shall not exceed 

7 $4,000,000 for a fiscal year.’’. 

8 SEC. 8. STATE CONSIDERATION OF PAYMENTS IN PRO9 VIDING STATE AID. 

10 Section 8009 (20 U.S.C. 7709) is amended— 

11 (1) in subsection (b)— 

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

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

14 which the average per-pupil expenditure is 

15 equal to or greater than the average per-pupil 

16 expenditure of all the States in the third fiscal 

17 year preceding the fiscal year for which the 

18 State is applying for equalization under this 

19 section’’; and 

20 (B) by striking paragraph (2) and insert21 ing the following: 

22 ‘‘(2) COMPUTATION.— 

23 ‘‘(A) STATE CURRENTLY QUALIFYING.— 

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

25 State aid for any State qualifying under this 


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1 section for fiscal year 2016 equalizes expendi2 tures among local educational agencies if, in the 

3 second fiscal year preceding the fiscal year for 

4 which the determination is made the amount of 

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

6 revenues available to, the local educational 

7 agency in the State with the highest such per8 pupil expenditures or revenues did not exceed 

9 the amount of such per-pupil expenditures 

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

11 local educational agency in the State with the 

12 lowest such expenditures or revenues by more 

13 than 25 percent as calculated under subpara14 graph (B)(ii). 

15 ‘‘(B) OTHER FACTORS.—Notwithstanding 

16 regulations in effect prior to the enactment of 

17 this subparagraph, in making a determination 

18 under this subparagraph, the Secretary shall— 

19 ‘‘(i) arrange all local educational 

20 agencies in the State by per-pupil expendi21 tures or revenues in descending order from 

22 the highest to the lowest; 

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

24 revenues as the only criteria disregard 

25 those local educational agencies that are 


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1 spending above the 95th percentile and 

2 those spending below the 5th percentile; 

3 ‘‘(iii) identify the local educational 

4 agency at the 95th percentile and the local 

5 educational agency at the 5th percentile; 

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

7 expenditures or revenues of the local edu8 cational agency at the 5th percentile from 

9 the amount of per-pupil expenditures or 

10 revenues of the local educational agency at 

11 the 95th percentile and divide the dif12 ference by the per-pupil expenditures or 

13 revenues of the local educational agency at 

14 the 5th percentile; and 

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

16 which a program of State aid reflects the 

17 additional cost of providing free public 

18 education in particular types of local edu19 cational agencies such as those that are 

20 geographically isolated, or to particular 

21 types of students, such as children with 

22 disabilities. 

23 ‘‘(C) NEW STATES APPLICANTS.— 

24 ‘‘(i) IN GENERAL.—For purposes of 

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


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1 any State equalizing under this section 

2 after fiscal year 2006 equalizes expendi3 tures among local educational agencies if, 

4 in the second fiscal year preceding the fis5 cal year for which the determination is 

6 made, the amount of per-pupil expendi7 tures made by, or per-pupil revenues avail8 able to, the local educational agency in the 

9 State with the highest such per-pupil ex10 penditures or revenues did not exceed the 

11 amount of such per-pupil expenditures 

12 made by, or per-pupil revenues available 

13 to, the local educational agency in the 

14 State with the lowest such expenditures or 

15 revenues by more than 10 percent as cal16 culated under clause (ii). 

17 ‘‘(ii) OTHER FACTORS.—In making a 

18 determination under this subparagraph, 

19 the Secretary, notwithstanding regulations 

20 in use prior to the enactment of the Local 

21 Taxpayer Relief Act, shall— 

22 ‘‘(I) arrange all local educational 

23 agencies in the State by per-pupil ex24 penditures or revenues in descending 

25 order from the highest to the lowest; 


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1 ‘‘(II) using per-pupil expendi2 tures or revenues as the only criteria 

3 disregard those local educational 

4 agencies that are spending above the 

5 95th percentile and those spending 

6 below the 5th percentile; 

7 ‘‘(III) identify the local edu8 cational agency at the 95th percentile 

9 and the local educational agency at 

10 the 5th percentile; 

11 ‘‘(IV) subtract the amount of 

12 per-pupil expenditures or revenues of 

13 the local educational agency at the 

14 5th percentile from the amount of 

15 per-pupil expenditures or revenues of 

16 the local educational agency at the 

17 95th percentile and divide the dif18 ference by the per-pupil expenditures 

19 or revenues of the local educational 

20 agency at the 5th percentile; and 

21 ‘‘(V) take into account the extent 

22 to which a program of State aid re23 flects the additional cost of providing 

24 free public education in particular 

25 types of local educational agencies, 


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1 such as those that are geographically 

2 isolated, or to particular types of stu3 dents, such as children with disabil4 ities.’’; and 

5 (2) in subsection (d)(2)— 

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

7 the following: 

8 ‘‘(A) IN GENERAL.—A State’’; and 

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

10 ‘‘(B) STATES THAT ARE NOT EQUALIZED

11 STATES.—A State that has not been approved 

12 as an equalized State under subsection (b) shall 

13 not consider funds received under section 8002 

14 or section 8003 of this title in any State for15 mula or place a limit or direct the use of such 

16 funds or consider such funds for purposes of 

17 determining a local educational agency’s fund 

18 balance.’’. 

19 SEC. 9. TIMELY PAYMENTS. 

20 Section 8010 (20 U.S.C. 7710) is amended— 

21 (1) in subsection (b), by striking ‘‘require’’ and 

22 inserting ‘‘need’’; and 

23 (2) in subsection (d)(1)— 


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1 (A) by striking ‘‘the second fiscal year fol2 lowing the fiscal year for’’ and inserting ‘‘the 

3 fiscal year following the fiscal year in’’; and 

4 (B) by striking ‘‘such local educational 

5 agency submits’’ and inserting ‘‘each local edu6 cational agency that is eligible to receive funds 

7 under this title for such fiscal year submits’’. 

8 SEC. 10. DEFINITIONS. 

9 Section 8013 (20 U.S.C. 7713) is amended— 

10 (1) in paragraph (1), by striking ‘‘and Marine 

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

12 Guard’’; 

13 (2) in paragraph (4)— 

14 (A) in the first sentence, by striking ‘‘part 

15 A of title I and title VI’’ and inserting ‘‘title I 

16 and part A of title V’’; and 

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

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

19 (3) in paragraph (5)(A)— 

20 (A) in clause (ii)— 

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

22 or’’ and inserting a semicolon; 

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

24 after the semicolon; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(VI) exempt of taxation real property 

4 and personal property identified by a local 

5 governmental entity, including State gov6 ernment, if upon such property resides a 

7 child whose parents or guardians are cer8 tified to live on such property is considered 

9 to meet the eligibility requirements of sec10 tion 151.4 of title 25, Code of Federal 

11 Regulations;’’; and 

12 (B) in clause (iii)— 

13 (i) by striking subclauses (II) and 

14 (III) and inserting the following: 

15 ‘‘(II) used to provide housing for 

16 homeless children at closed military instal17 lations pursuant to section 501 of the 

18 McKinney-Vento Homeless Assistance Act 

19 (42 U.S.C. 11411); 

20 ‘‘(III) used for affordable housing as21 sisted under the Native American Housing 

22 Assistance and Self-Determination Act of 

23 1996 (25 U.S.C. 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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1 (5) in paragraph (9)— 

2 (A) by striking subparagraph (A) and in3 serting the following: 

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 ‘‘(I) directly operates and main15 tains facilities for providing free pub16 lic education; and 

17 ‘‘(II) except for those local edu18 cational agencies determined to be eli19 gible to receive a payment under sec20 tion 8003 prior to the date of the en21 actment of the Local Taxpayer Relief 

22 Act, when submitting an application 

23 under this title for the first time on or 

24 after the date of the enactment of 

25 such Act, has the authority to tax and 


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1 has boundaries as defined by applica2 ble State law for the purposes of lev3 ying such taxes, or has been granted 

4 the authority to receive an imputed 

5 tax from a city, county, township, or 

6 other general purpose political sub7 division of a State.’’; and 

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

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

10 ‘‘Secretary determines’’. 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 8014 (20 U.S.C. 7714) is amended— 

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

14 for fiscal year 2000 and such sums as may be nec15 essary for each of the seven succeeding fiscal years’’ 

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

17 each of fiscal years 2016 through 2019’’; 

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

19 ‘‘$809,400,000 fiscal year 2000 and such sums as 

20 may be necessary for each of the seven succeeding 

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

22 necessary for each of fiscal years 2016 through 

23 2019’’; 

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

25 for fiscal year 2000 and such sums as may be necVerDate Sep 11 2014 01:03 Mar 13, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S658.IS S658

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1 essary for each of the seven succeeding fiscal years’’ 

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

3 each of fiscal years 2016 through 2019’’; 

4 (4) by redesignating subsections (e) and (f) as 

5 subsections (d) and (e), respectively; 

6 (5) in subsection (d) (as redesignated by para7 graph (4)), by striking ‘‘$10,052,000 for fiscal year 

8 2000 and such sums as may be necessary for fiscal 

9 year 2001, $150,000,000 for fiscal year 2002, and 

10 such sums as may be necessary for each of the five 

11 succeeding fiscal years’’ and inserting ‘‘such sums as 

12 may be necessary for each of fiscal years 2016 

13 through 2019’’; 

14 (6) in subsection (e) (as redesignated by para15 graph (4)), by striking ‘‘$5,000,000 for fiscal year 

16 2000 and such sums as may be necessary for each 

17 of the seven succeeding fiscal years’’ and inserting 

18 ‘‘such sums as may be necessary for each of fiscal 

19 years 2016 through 2019’’; and 

20 (7) by adding at the end of the following: 

21 ‘‘(f) ALLOCATION OF DOLLARS FROM PREVIOUS FIS22 CAL YEARS.—When final payments are made under this 

23 title for a fiscal year, the Secretary shall add any remain24 ing funds to those funds appropriated for such section for 


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1 the next fiscal year for the purpose of making payments 

2 subject to the provisions of the applicable section.’’. 

3 SEC. 12. ADDITIONAL AND CONFORMING AMENDMENTS. 

4 (a) CONSOLIDATED APPROPRIATIONS ACT, 2014.— 

5 Section 309 of division H of the Consolidated Appropria6 tions Act, 2014 (Public Law 113–76; 128 Stat. 400) is 

7 repealed. 

8 (b) ELEMENTARY AND SECONDARY EDUCATION ACT

9 OF 1965.—The Act (20 U.S.C. 6301 et seq.) is amend10 ed— 

11 (1) in the table of contents in section 2, by 

12 striking the items relating to subpart 20 of part D 

13 of title V; 

14 (2) by repealing subpart 20 of part D of title 

15 V (20 U.S.C. 7281 et seq.) (relating to additional 

16 assistance for certain local educational agencies im17 pacted by Federal property acquisition); 

18 (3) in section 8004 (20 U.S.C. 7704)— 

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

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

21 and 

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

23 and inserting ‘‘on’’; 


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1 (4) in section 8008(a) (20 U.S.C. 7708(a)), by 

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

3 8014(e)’’; and 

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

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

6 1994)’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS