H. R. 6—252
to the Secretary to take further evidence. The Secretary may
thereupon make new or modified findings of fact and may
modify the Secretary’s previous action, and shall file in the
court the record of the further proceedings. Such new or modi-
fied findings of fact shall likewise be conclusive if supported
by substantial evidence.
‘‘(3) REVIEW.—The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title
28, United States Code.
‘‘SEC. 8012. FORGIVENESS OF OVERPAYMENTS.
‘‘Notwithstanding any other provision of law, the Secretary
may forgive the obligation of a local educational agency to repay,
in whole or in part, the amount of any overpayment received under
this title, or under the Act of September 30, 1950 (Public Law
874, 81st Congress) or the Act of September 23, 1950 (Public Law
815, 81st Congress) (as such Acts were in effect on the day preceding
the date of enactment of the Improving America’s Schools Act
of 1994), if the Secretary determines that the overpayment was
made as a result of an error made by—
‘‘(1) the Secretary; or
‘‘(2) the local educational agency and repayment of the
full amount of the overpayment will result in an undue financial
hardship on the agency and seriously harm the agency’s edu-
cational program.
‘‘SEC. 8013. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ means the
Army, Navy, Air Force, and Marine Corps.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average
per-pupil expenditure’ means—
‘‘(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
‘‘(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
‘‘(3) CONSTRUCTION.—The term ‘construction’ means—
‘‘(A) the preparation of drawings and specifications for
school facilities;
‘‘(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
‘‘(C) inspecting and supervising the construction of
school facilities; and
‘‘(D) debt service for such activities.
‘‘(4) CURRENT EXPENDITURES.—The term ‘current expendi-
tures’ means expenditures for free public education, including
expenditures for administration, instruction, attendance and
health services, pupil transportation services, operation and
maintenance of plant, fixed charges, and net expenditures to
cover deficits for food services and student body activities,
but does not include expenditures for community services, cap-
ital outlay, and debt service, or any expenditures made from
funds awarded under part A of title I and title VI. The deter-
mination of whether an expenditure for the replacement of
H. R. 6—253
equipment is considered a current expenditure or a capital
outlay shall be determined in accordance with generally
accepted accounting principles as determined by the State.
‘‘(5) FEDERAL PROPERTY.—
‘‘(A) IN
GENERAL.—Except as provided in subpara-
graphs (B) through (F), the term ‘Federal property’ means
real property that is not subject to taxation by any State
or any political subdivision of a State due to Federal agree-
ment, law, or policy, and that is—
‘‘(i) owned by the United States or leased by the
United States from another entity;
‘‘(ii)(I) held in trust by the United States for
individual Indians or Indian tribes;
‘‘(II) held by individual Indians or Indian tribes
subject to restrictions on alienation imposed by the
United States;
‘‘(III) conveyed at any time under the Alaska
Native Claims Settlement Act to a Native individual,
Native group, or village or regional corporation;
‘‘(IV) public land owned by the United States that
is designated for the sole use and benefit of individual
Indians or Indian tribes; or
‘‘(V) used for low-rent housing, as described in
paragraph (10), that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on
land that met one of those descriptions immediately
before such property’s use for such housing;
‘‘(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
‘‘(II) used to provide housing for homeless children
at closed military installations pursuant to section 501
of the Stewart B. McKinney Homeless Assistance Act;
or
‘‘(iv) owned by a foreign government or by an inter-
national organization.
‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING TO MEMBERS
OF AIR FORCE.—The term ‘Federal property’ includes, so
long as not subject to taxation by any State or any political
subdivision of a State, and whether or not that tax exemp-
tion is due to Federal agreement, law, or policy, any school
providing flight training to members of the Air Force under
contract with the Air Force at an airport owned by a
State or political subdivision of a State.
‘‘(C) NON-FEDERAL EASEMENTS, LEASES, LICENSES, PER-
MITS, IMPROVEMENTS, AND
CERTAIN
OTHER
REAL
PROP-
ERTY.—The term ‘Federal property’ includes, whether or
not subject to taxation by a State or a political subdivision
of a State—
‘‘(i) any non-Federal easement, lease, license, per-
mit, or other such interest in Federal property as other-
wise described in this paragraph, but not including
any non-Federal fee-simple interest;
‘‘(ii) any improvement on Federal property as
otherwise described in this paragraph; and
‘‘(iii) real property that, immediately before its sale
or transfer to a non-Federal party, was owned by the
United States and otherwise qualified as Federal prop-
H. R. 6—254
erty described in this paragraph, but only for one year
beyond the end of the fiscal year of such sale or
transfer.
‘‘(D) CERTAIN POSTAL SERVICE PROPERTY AND PIPELINES
AND UTILITY LINES.—Notwithstanding any other provision
of this paragraph, the term ‘Federal property’ does not
include—
‘‘(i) any real property under the jurisdiction of
the United States Postal Service that is used primarily
for the provision of postal services; or
‘‘(ii) pipelines and utility lines.
‘‘(E) PROPERTY WITH RESPECT TO WHICH STATE OR LOCAL
TAX
REVENUES
MAY
NOT
BE
EXPENDED, ALLOCATED, OR
AVAILABLE FOR FREE PUBLIC EDUCATION.—Notwithstanding
any other provision of this paragraph, ‘Federal property’
does not include any property on which children reside
that is otherwise described in this paragraph if—
‘‘(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free
public education of children who reside on that Federal
property; or
‘‘(ii) no tax revenues of the State are allocated
or available for the free public education of such
children.
‘‘(F) PROPERTY LOCATED IN THE STATE OF OKLAHOMA
OWNED BY INDIAN HOUSING AUTHORITY FOR LOW-INCOME
HOUSING.—The term ‘Federal property’ includes any real
property located in the State of Oklahoma that—
‘‘(i) is owned by an Indian housing authority and
used for low-income housing (including housing
assisted under the mutual help ownership opportunity
program under section 202 of the United States Hous-
ing Act of 1937); and
‘‘(ii) at any time—
‘‘(I) was designated by treaty as tribal land;
or
‘‘(II) satisfied the definition of Federal property
under section 403(1)(A) of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such
Act was in effect on the day preceding the date
of enactment of the Improving America’s Schools
Act of 1994).
‘‘(6) FREE PUBLIC EDUCATION.—The term ‘free public edu-
cation’ means education that is provided—
‘‘(A) at public expense, under public supervision and
direction, and without tuition charge; and
‘‘(B) as elementary or secondary education, as deter-
mined under State law, except that, notwithstanding State
law, such term—
‘‘(i) includes preschool education; and
‘‘(ii) does not include any education provided
beyond grade 12.
‘‘(7) INDIAN LANDS.—The term ‘Indian lands’ means any
Federal property described in paragraph (5)(A)(ii) or (5)(F).
‘‘(8) LOCAL CONTRIBUTION PERCENTAGE.—
‘‘(A) IN GENERAL.—The term ‘local contribution percent-
age’ means the percentage of current expenditures in the
H. R. 6—255
State derived from local and intermediate sources, as
reported to and verified by the National Center for Edu-
cation Statistics.
‘‘(B) HAWAII
AND
DISTRICT
OF
COLUMBIA.—Notwith-
standing subparagraph (A), the local contribution percent-
age for Hawaii and for the District of Columbia shall be
the average local contribution percentage for all States.
‘‘(9) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘local educational agency’—
‘‘(i) means a board of education or other legally
constituted local school authority having administra-
tive control and direction of free public education in
a county, township, independent school district, or
other school district; and
‘‘(ii) includes any State agency that directly oper-
ates and maintains facilities for providing free public
education.
‘‘(B) EXCEPTION.—The term ‘local educational agency’
does not include any agency or school authority that the
Secretary determines on a case-by-case basis—
‘‘(i) was constituted or reconstituted primarily for
the purpose of receiving assistance under this title
or the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving
America’s Schools Act of 1994) or increasing the
amount of such assistance; or
‘‘(ii) is not constituted or reconstituted for legiti-
mate educational purposes.
‘‘(10) LOW-RENT
HOUSING.—The term ‘low-rent housing’
means housing located on property that is described in para-
graph (5)(A)(iii).
‘‘(11) REVENUE DERIVED FROM LOCAL SOURCES.—The term
‘revenue derived from local sources’ means—
‘‘(A) revenue produced within the boundaries of a local
educational agency and available to such agency for such
agency’s use; or
‘‘(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as such funds were collected as a local revenue
source.
‘‘(12) SCHOOL
FACILITIES.—The term ‘school facilities’
includes—
‘‘(A) classrooms and related facilities; and
‘‘(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
‘‘SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.—
For the purpose of making payments under section 8002, there
are authorized to be appropriated $16,750,000 for fiscal year 1995
and such sums as may be necessary for each of the four succeeding
fiscal years.
‘‘(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES.—For the purpose of making payments
under subsections (b) and (f) of section 8003, there are authorized