I 
113TH CONGRESS 
1ST SESSION H. R. 2394 
To allow a State to opt out of K–12 education grant programs and the 
requirements of those programs, to amend the Internal Revenue Code 
of 1986 to provide a credit to taxpayers in such a State, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2013 
Mr. GARRETT (for himself, Mr. BISHOP of Utah, Mr. SOUTHERLAND, Mr. 
PEARCE, Mr. HUELSKAMP, Mr. KING of Iowa, Mr. HUIZENGA of Michi-
gan, Mr. MULVANEY, Mr. LAMALFA, Mr. PITTENGER, Mr. FRANKS of 
Arizona, Mr. CHABOT, Mr. POSEY, Mr. GOHMERT, Mrs. BLACKBURN, 
Mr. MULLIN, Mr. CAMPBELL, Mr. BROUN of Georgia, and Mr. JONES) 
introduced the following bill; which was referred to the Committee on 
Ways and Means, and in addition to the Committee on Education and 
the Workforce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To allow a State to opt out of K–12 education grant pro-
grams and the requirements of those programs, to amend 
the Internal Revenue Code of 1986 to provide a credit 
to taxpayers in such a State, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Local Education Authority Returns Now Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ABILITY OF STATES TO OPT OUT OF K–12 EDUCATION 
GRANT PROGRAMS 
Sec. 101. Determinations by Secretary of the Treasury as to which States are 
opt-out States. 
Sec. 102. Amounts creditable to States. 
Sec. 103. Opt-out States not eligible to receive grants under K–12 education 
grant programs. 
Sec. 104. Requirements of K–12 education grant programs do not apply to opt- 
out States. 
Sec. 105. Definitions. 
TITLE II—CREDIT TO TAXPAYERS IN OPT-OUT STATE 
Sec. 201. Refundable opt-out State education credit. 
TITLE I—ABILITY OF STATES TO 
OPT OUT OF K–12 EDUCATION 
GRANT PROGRAMS 
SEC. 101. DETERMINATIONS BY SECRETARY OF THE TREAS-
URY AS TO WHICH STATES ARE OPT-OUT 
STATES. 
(a) DEADLINE.—Not later than February 1 of each 
calendar year (hereinafter in this title referred to as the 
‘‘determination year’’), the Secretary of the Treasury shall 
determine which States, if any, are opt-out States for the 
calendar year (hereinafter in this title referred to as the 
‘‘opt-out year’’) that follows the determination year. 
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(b) DETERMINATION.—The Secretary of the Treas-
ury shall determine that a State is an opt-out State for 
an opt-out year under subsection (a) if, and only if, there 
is transmitted to the Secretary a copy of a law, in effect 
as of January 1 of the determination year, that can fairly 
be read to mean that the policy of the State is to not ac-
cept grant funds under the K–12 education grant pro-
grams, and thereby to not be bound by the requirements 
of those programs, for that opt-out year. 
(c) NOTIFICATION.—Upon making a determination 
under subsection (a), the Secretary of the Treasury shall 
transmit that determination to the Secretary of Education 
and to Congress. 
SEC. 102. AMOUNTS CREDITABLE TO STATES. 
(a) IN GENERAL.—For purposes of determinations 
relating to the refundable opt-out State education credit 
under section 36D of the Internal Revenue Code of 1986, 
as early as practicable for a calendar year, the Secretary 
of Education shall, for each State, determine the amount 
creditable to that State for that calendar year and make 
available that determination. 
(b) AMOUNT CREDITABLE.—The Secretary shall de-
termine the amount creditable to a State for a calendar 
year as follows: 
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the State or any public educational entity in the 
State for that calendar year, had it elected not 
to be an opt-out State for that calendar year; 
plus 
(B) the average annual amount of all grant 
funds that would have been received on a com-
petitive basis, as direct grants, subgrants, or 
otherwise, under the K–12 education grant pro-
grams, by the State or any public educational 
entity in the State for that calendar year and 
the four preceding calendar years, had it elected 
not to be an opt-out State for those calendar 
years. 
(2) REGULATIONS.—The Secretary shall pre-
scribe regulations for making determinations re-
quired by this subsection. The initial regulations 
shall be prescribed not later than 6 months after the 
date of the enactment of this Act. 
(d) AGGREGATE K–12 FUNDING.—The aggregate K– 
12 funding for a State for a calendar year shall be equal 
to— 
(1) the amount of all grant funds received other 
than on a competitive basis, as direct grants, sub-
grants, or otherwise, under the K–12 education 
grant programs, by the State or any public edu-
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cational entity in the State for that calendar year; 
plus 
(2) the average annual amount of all grant 
funds received on a competitive basis, as direct 
grants, subgrants, or otherwise, under the K–12 
education grant programs, by the State or any pub-
lic educational entity in the State for that calendar 
year and the four preceding calendar years. 
SEC. 103. OPT-OUT STATES NOT ELIGIBLE TO RECEIVE 
GRANTS UNDER K–12 EDUCATION GRANT 
PROGRAMS. 
(a) IN GENERAL.—When a State is an opt-out State 
for a calendar year, neither the State nor any public edu-
cational entity in the State is eligible to receive, as direct 
grants, subgrants, or otherwise, any funds under any of 
the K–12 education grant programs for that calendar 
year. 
(b) REALLOCATION.—Any funds under a K–12 edu-
cation grant program that are not allocated to a State or 
public educational entity in the State by reason of sub-
section (a) shall be returned to the Treasury. 
SEC. 104. REQUIREMENTS OF K–12 EDUCATION GRANT PRO-
GRAMS DO NOT APPLY TO OPT-OUT STATES. 
When a State is an opt-out State for a calendar year, 
neither the State nor any public educational entity in the 
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State is subject to any statutory or regulatory requirement 
of a K–12 education grant program for that calendar year. 
SEC. 105. DEFINITIONS. 
In this title: 
(1) The term ‘‘K–12 education grant program’’ 
means any grant program carried out under any 
title of the Elementary and Secondary Education 
Act of 1965, except for the following: 
(A) INDIAN, NATIVE HAWAIIAN, AND ALAS-
KA NATIVE EDUCATION.—Title VII (20 U.S.C. 
7401 et seq.). 
(B) IMPACT AID.—Title VIII (20 U.S.C. 
7701 et seq.). 
(2) The term ‘‘public educational entity’’ 
means, with respect to a State, the State educational 
agency, any local educational agency in the State, or 
any public elementary or secondary school in the 
State. 
TITLE II—CREDIT TO 
TAXPAYERS IN OPT-OUT STATE 
SEC. 201. REFUNDABLE OPT-OUT STATE EDUCATION CRED-
IT. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
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1986 (relating to refundable credits) is amended by insert-
ing after section 36B the following new section: 
‘‘SEC. 36C. OPT-OUT STATE EDUCATION CREDIT. 
‘‘(a) GENERAL RULE.—In the case of an eligible indi-
vidual, there shall be allowed as a credit against the tax 
imposed by this chapter for the taxable year the opt-out 
State education amount. 
‘‘(b) OPT-OUT STATE EDUCATION AMOUNT.—For 
purposes of this section— 
‘‘(1) IN
GENERAL.—The term ‘opt-out State 
education amount’ means, with respect to a taxpayer 
for a taxable year beginning in an opt-out year, the 
amount equal to— 
‘‘(A) the amount creditable under section 
102 of the Local Education Authority Returns 
Now Act to an opt-out State (determined under 
section 101 of such Act), multiplied by— 
‘‘(B) a fraction— 
‘‘(i) the numerator of which is the 
taxpayer’s household tax burden from such 
State for the opt-out year, and 
‘‘(ii) the denominator of which is the 
total tax revenue of such State for the opt- 
out year. 
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‘‘(2) HOUSEHOLD TAX BURDEN.—The house-
hold tax burden from a State for an opt-out year is 
the sum of— 
‘‘(A) the State real property taxes, 
‘‘(B) the State personal property taxes, 
‘‘(C) the State income, war profits, and ex-
cess profits taxes, plus 
‘‘(D) the State general sales taxes, 
for the calendar year in which the second preceding 
taxable year ends and within which paid or accrued 
by the taxpayer. For purposes of this section, terms 
used in the preceding sentence which are also used 
in section 164 shall have the respective meanings 
given such terms by section 164. 
‘‘(3) TOTAL TAX REVENUE.—The total tax rev-
enue of a State for an opt-out year is the amount 
determined by the Secretary to be the aggregate tax 
revenue of such State for the calendar year in which 
the second preceding taxable year ends. 
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 
section— 
‘‘(1) IN
GENERAL.—The term ‘eligible indi-
vidual’ means an individual whose principal place of 
abode (within the meaning of section 121) was in 
the opt-out State for the entire taxable year. 
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‘‘(2) DEPENDENTS.—The term ‘eligible indi-
vidual’ does not include any individual if a deduction 
under section 151 with respect to such individual is 
allowed to another taxpayer for a taxable year begin-
ning in the calendar year in which such individual’s 
taxable year begins. 
‘‘(d) OPT-OUT
YEAR.—The term ‘opt-out year’ 
means a calendar year for which the Secretary determines 
a State to be an opt-out State under section 101 of the 
Local Education Authority Returns Now Act. 
‘‘(e) AMOUNT OF CREDIT SHALL BE DETERMINED 
UNDER TABLES.— 
‘‘(1) IN
GENERAL.—The credit under sub-
section (a) shall be determined under tables pre-
scribed by the Secretary. 
‘‘(2) REQUIREMENTS FOR TABLES.—The tables 
prescribed under paragraph (1) shall— 
‘‘(A) reflect the provisions of this section, 
and 
‘‘(B) take into account filing status, State 
of residence, and adjusted gross income.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Paragraph (2) of section 1324(b) of title 
31, United States Code, is amended by inserting 
‘‘36C,’’ after ‘‘36B,’’. 
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