‘‘(j) PRIOR YEAR DATA.—Notwithstanding any other 
provision of this section, in determining the eligibility of 
a local educational agency for a payment under subsection 
(b) or (h)(4)(B) of this section for a fiscal year, and in 
calculating the amount of such payment, the Secretary— 
‘‘(1) shall use data from the prior fiscal year 
with respect to the Federal property involved, includ-
ing data with respect to the assessed value of the 
property and the real property tax rate for current 
expenditures levied against or imputed to the prop-
erty; and 
‘‘(2) shall use data from the second prior fiscal 
year with respect to determining the amount of rev-
enue referred to in subsection (b)(1)(A)(i). 
‘‘(k) ELIGIBILITY.— 
‘‘(1) OLD
FEDERAL
PROPERTY.—Except as 
provided in paragraph (2), a local educational agen-
cy that is eligible to receive a payment under this 
section for Federal property acquired by the Federal 
Government, before the date of the enactment of the 
Impact Aid Reauthorization Act of 2000, shall be el-
igible to receive the payment only if the local edu-
cational agency submits an application for a pay-
ment under this section not later than 7 years after 
the date of the enactment of such Act. 
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‘‘(2) COMBINED FEDERAL PROPERTY.—A local 
educational agency that is eligible to receive a pay-
ment under this section for Federal property ac-
quired by the Federal Government before the date of 
the enactment of the Impact Aid Reauthorization 
Act of 2000 shall be eligible to receive the payment 
if— 
‘‘(A) the Federal property, when combined 
with other Federal property in the school dis-
trict served by the local educational agency ac-
quired by the Federal Government after the 
date of the enactment of such Act, meets the 
requirements of subsection (a); and 
‘‘(B) the local educational agency submits 
an application for a payment under this section 
not later than 7 years after the date of acquisi-
tion of the Federal property acquired after the 
date of the enactment of such Act. 
‘‘(3) NEW FEDERAL PROPERTY.—A local edu-
cational agency that is eligible to receive a payment 
under this section for Federal property acquired by 
the Federal Government after the date of the enact-
ment of the Impact Aid Reauthorization Act of 2000 
shall be eligible to receive the payment only if the 
local educational agency submits an application for 
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a payment under this section not later than 7 years 
after the date of acquisition. 
‘‘(l) LOSS OF ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, the Secretary shall make a 
minimum payment to a local educational agency de-
scribed in paragraph (2), for the first fiscal year 
that the agency loses eligibility for assistance under 
this section as a result of property located within the 
school district served by the agency failing to meet 
the definition of Federal property under section 
8013(5)(C)(iii), in an amount equal to 90 percent of 
the amount received by the agency under this section 
for the preceding year. 
‘‘(2) 
LOCAL
EDUCATIONAL
AGENCY
DE-
SCRIBED.—A local educational agency described in 
this paragraph is an agency that— 
‘‘(A) was eligible for, and received, a pay-
ment under this section for fiscal year 2002; 
and 
‘‘(B) beginning in fiscal year 2003 or a 
subsequent fiscal year, is no longer eligible for 
payments under this section as provided for in 
subsection (a)(1)(C) as a result of the transfer 
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of the Federal property involved to a non-Fed-
eral entity.’’. 
SEC. 3. AMENDMENTS TO SECTION 8003 (PAYMENTS FOR 
ELIGIBLE 
FEDERALLY 
CONNECTED 
CHIL-
DREN). 
Section 8003 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by inserting after 
‘‘such agency,’’ the following: ‘‘including those 
children enrolled in a State that has a State 
open enrollment policy (but not including chil-
dren enrolled in a distance learning program 
not residing within the defined boundaries of 
the agency),’’; 
(B) in paragraph (2)— 
(i) by redesignating subparagraphs 
(D) through (F) as (E) through (G), re-
spectively; 
(ii) by inserting after subparagraph 
(C) the following: 
‘‘(D) Multiply the number of children de-
scribed in subparagraphs (A) and (B) of para-
graph (1) by a factor of 1.35 if the local edu-
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cational agency has a total student enrollment 
of not less than 25,000 students, of which not 
less than 50 percent are children described in 
paragraph (1) and not less than 6,000 of such 
children are children described in subparagraph 
(A) and (B) of paragraph (1).’’; 
(2) in subsection (b)(2)— 
(A) in subparagraph (B)— 
(i) in the subparagraph heading by 
striking ‘‘CONTINUING’’; 
(ii) in clause (i) by striking subclauses 
(I) and (II) and inserting the following: 
‘‘(I) is a local educational agency 
whose boundaries are the same as a 
Federal military installation or the 
boundaries are the same as island 
property designated by the Secretary 
of the Interior to be property that is 
held in trust by the Federal Govern-
ment and the agency has no taxing 
authority; 
‘‘(II) has an enrollment of chil-
dren described in subsection (a)(1) 
that constitutes a percentage of the 
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total student enrollment of the agency 
that is not less than 45 percent; 
‘‘(III) has a per-pupil expendi-
ture that is less than— 
‘‘(aa) for a local educational 
agency that has a total student 
enrollment of 350 or more stu-
dents, 150 percent of the average 
per-pupil 
expenditure 
of 
the 
State in which the agency is lo-
cated; or 
‘‘(bb) for a local educational 
agency that has a total student 
enrollment of less than 350 stu-
dents— 
‘‘(AA) 150 percent of 
the average per-pupil ex-
penditure of the State in 
which the agency is located; 
or 
‘‘(BB) the average per- 
pupil expenditure of three 
comparable local educational 
agencies in the State in 
which the agency is located; 
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‘‘(IV) has a tax rate for general 
fund purposes that is at least 95 per-
cent of the average tax rate for gen-
eral fund purposes of comparable local 
educational agencies in the State; and 
‘‘(V) for a local educational agen-
cy that has an enrollment of children 
described in subsection (a)(1) that 
constitutes a percentage of the total 
student enrollment of the agency 
which is not less than 30 percent, and 
has a tax rate for general fund pur-
poses which is not less than 125 per-
cent of the average tax rate for gen-
eral fund purposes for comparable 
local educational agencies in the 
State;’’; 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) 
SPECIAL
RULE.—Notwith-
standing clause (i)(II), a local educational 
agency shall be considered eligible to re-
ceive a basic support payment under sub-
paragraph (A) with respect to the number 
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of children determined under subsection 
(a)(1) if the agency— 
‘‘(I) has an enrollment of chil-
dren described in subsection (a)(1) 
that constitutes a percentage of the 
total student enrollment of the agency 
that is not less than 35 percent in-
cluding for purposes of determining 
eligibility those children described in 
subparagraph (F) and (G) of sub-
section (a)(1); and 
‘‘(II) was eligible to receive as-
sistance under this paragraph in fiscal 
year 2001.’’; 
(B) by striking subparagraphs (C), (D), 
and (E); 
(C) by inserting after subparagraph (B) 
the following: 
‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.— 
‘‘(i) IN
GENERAL.—The maximum 
amount that a heavily impacted local edu-
cational agency is eligible to receive under 
this paragraph for any fiscal year is the 
sum of the total weighted student units, as 
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computed under subsection (a)(2) and sub-
ject to clause (ii), multiplied by the greater 
of— 
‘‘(I) four-fifths of the average 
per-pupil expenditure of the State in 
which the local educational agency is 
located for the third fiscal year pre-
ceding the fiscal year for which the 
determination is made; or 
‘‘(II) four-fifths of the average 
per-pupil expenditure of all of the 
States for the third fiscal year pre-
ceding the fiscal year for which the 
determination is made. 
‘‘(ii) SPECIAL RULE.—(I)(aa) For a 
local educational agency with respect to 
which 35 percent or more of the total stu-
dent enrollment of the schools of the agen-
cy are children described in subparagraph 
(D) or (E) (or a combination thereof) of 
subsection (a)(1), and has an enrollment of 
children described in subparagraph (A), 
(B), or (C) of such subsection equal to at 
least 10 percent of the agency’s total en-
rollment, the Secretary shall calculate the 
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weighted student units of those children 
described in subparagraph (D) or (E) of 
such subsection by multiplying the number 
of such children by a factor of 0.55. 
‘‘(bb) For any local educational agen-
cy that received a payment under this 
clause in fiscal year 2006, the local edu-
cational agency shall not be required to 
have an enrollment of children described in 
subparagraphs (A), (B), or (C) of such 
subsection equal to at least 10 percent of 
the agency’s total enrollment. 
‘‘(II) For a local educational agency 
that has an enrollment of 100 or fewer 
children described in subsection (a)(1), the 
Secretary shall calculate the total number 
of weighted student units for purposes of 
subsection (a)(2) by multiplying the num-
ber of such children by a factor of 1.75. 
‘‘(III) For a local educational agency 
that does not qualify under (B)(i)(I) of 
this subsection and has an enrollment of 
more than 100 but not more than 1,000 
children described in subsection (a)(1), the 
Secretary shall calculate the total number 
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of weighted student units for purposes of 
subsection (a)(2) by multiplying the num-
ber of such children by a factor of 1.25. 
‘‘(iii) PAYMENT CAP.—The amount of 
such payment to a local educational agency 
under this subparagraph shall be no more 
than needed to raise the per-pupil expendi-
ture of such local educational agency to the 
higher of 110 percent of the State average 
per-pupil expenditure of the State in which 
the local educational agency is located or 
the average per-pupil expenditure of three 
comparable local educational agencies.’’; 
(D) by redesignating subparagraph (F) as 
(D) and, in that subparagraph— 
(i) by striking clause (ii); 
(ii) by striking ‘‘; and’’ at the end of 
clause (i) and inserting a period; and 
(iii) by striking ‘‘the Secretary—’’ and 
all that follows through ‘‘shall use’’ and in-
serting ‘‘the Secretary shall use’’; 
(E) by redesignating subparagraph (G) as 
(E) and, in that subparagraph, in the matter 
preceding clause (i), by striking ‘‘(C)(i)(II)(bb)’’ 
and inserting ‘‘(B)(i)(II)(bb)’’; and 
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(F) by redesignating subparagraph (H) as 
(F) and, in that subparagraph— 
(i) in clause (i)— 
(I) by striking ‘‘(B), (C), (D), or 
(E),’’ and inserting ‘‘(B) or (C),’’; 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii),’’ the following: ‘‘or as the direct 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation,’’; 
and 
(IV) by inserting before the pe-
riod at the end the following: ‘‘or dur-
ing such time as activities associated 
with base closure and realignment, 
modularization, 
force 
structure 
change, or force relocation is ongo-
ing’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘(D) or (E), as 
the case may be,’’ and inserting 
‘‘(C)’’; and 
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(II) by striking ‘‘(D) or (E) 
under’’ and inserting ‘‘(C) under’’; 
(3) in subsection (b)(3)(B)— 
(A) by redesignating clause (iv) as (v); and 
(B) by inserting after clause (iii) the fol-
lowing: 
‘‘(iv) For any local educational agency 
that is providing a program of distant 
learning to children not residing within the 
legally defined boundaries of the agency, 
the Secretary shall disregard such children 
from such agency’s total enrollment when 
calculating the percentage under subclause 
(I) of clause (i) and shall disregard any 
funds received for such children when cal-
culating the total current expenditures at-
tributed to the operation of such agency 
when calculating the percentage under sub-
clause (II) of clause (i).’’; 
(4) in subsection (b)(3)(C) by striking ‘‘or (E) 
of paragraph (2), as the case may be’’ and inserting 
‘‘of paragraph (2)’’. 
(5) in subsection (b)(3), by amending subpara-
graph (D) to read as follows: 
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‘‘(D) RATABLE
DISTRIBUTION.—For any 
fiscal year described in subparagraph (A) for 
which the sums available exceed the amount re-
quired to pay each local educational agency 100 
percent of its threshold payment the Secretary 
shall distribute the excess sums to each eligible 
local educational agency that has not received 
its full amount computed under paragraph (1) 
or (2) (as the case may be) by multiplying— 
‘‘(i) a percentage, the denominator of 
which is the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for all local edu-
cational agencies and the amount of the 
threshold payment (as calculated under 
subparagraphs (B) and (C) of all local 
educational agencies, and the numerator of 
which is the aggregate amount of the ex-
cess sums, by: 
‘‘(ii) the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for the agency 
and the amount of the threshold payment 
as calculated under subparagraphs (B) and 
(C) of the agency.’’; 
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‘‘(C) for fiscal year 2012 shall not be less 
than 70 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2008, of which such amount shall be con-
sidered a foundation payment for each suc-
ceeding fiscal year until such time as the agen-
cy’s maximum payment as determined under 
paragraphs (1) or (2) of subsection (b) as the 
case may be, exceeds the amount provided for 
under this subparagraph. 
‘‘(2) RATABLE REDUCTION.— 
‘‘(A) IN
GENERAL.—If the sums made 
available under this title for any fiscal year are 
insufficient to pay the full amounts that all 
local educational agencies in all States are eligi-
ble to receive under paragraph (1) for such 
year, then the Secretary shall ratably reduce 
the payments to all agencies for such year. 
‘‘(B) ADDITIONAL
FUNDS.—If additional 
funds become available for making payments 
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph 
(A) shall be increased on the same basis as 
such payments were reduced.’’; and 
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(8) by striking subsection (g). 
SEC. 4. AMENDMENTS TO SECTION 8007 (CONSTRUCTION). 
Section 8007 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7707) is amended to read 
as follows: 
‘‘SEC. 8007. CONSTRUCTION. 
‘‘(a) SCHOOL FACILITY EMERGENCY
AND MOD-
ERNIZATION GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From 100 percent of the 
amount appropriated for each fiscal year under sec-
tion 8014(e), the Secretary— 
‘‘(A) shall award emergency grants in ac-
cordance with this subsection to eligible local 
educational agencies to enable the agencies to 
carry out emergency repairs of school facilities; 
and 
‘‘(B) shall award modernization grants in 
accordance with this subsection to eligible local 
educational agencies to enable the agencies to 
carry out the modernization of school facilities. 
‘‘(2) 
PRIORITY.—In 
approving 
applications 
from local educational agencies for emergency grants 
and modernization grants under this subsection, the 
Secretary shall give priority to applications in ac-
cordance with the following: 
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‘‘(A) The Secretary shall first give priority 
to applications for emergency grants from local 
educational agencies that meet the requirements 
of paragraph (3)(A) and, among such applica-
tions for emergency grants, shall give priority 
to those applications from local educational 
agencies based on the severity of the emer-
gency, as determined by the Secretary. 
‘‘(B) The Secretary shall next give priority 
to applications for modernization grants from 
local educational agencies that meet the re-
quirements of paragraph (3)(B) and, among 
such applications for modernization grants, 
shall give priority to those applications from 
local educational agencies based on the severity 
of the need for modernization, as determined by 
the Secretary. 
‘‘(3) ELIGIBILITY REQUIREMENTS.— 
‘‘(A) EMERGENCY GRANTS.—A local edu-
cational agency is eligible to receive an emer-
gency grant under paragraph (2)(A) if— 
‘‘(i) the agency (or in the case of a 
local educational agency that does not have 
the authority to tax or issue bonds, the 
agency’s fiscal agent)— 
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‘‘(I) has no practical capacity to 
issue bonds; or 
‘‘(II) has minimal capacity to 
issue bonds and is at not less than 75 
percent of the agency’s limit of bond-
ed indebtedness; or 
‘‘(ii) the agency is eligible to receive 
assistance under subsection (a) for the fis-
cal year and has a school facility emer-
gency, as determined by the Secretary, 
that poses a health or safety hazard to the 
students and school personnel assigned to 
the school facility. 
‘‘(B) MODERNIZATION
GRANTS.—A local 
educational agency is eligible to receive a mod-
ernization grant under paragraph (2)(B) if— 
‘‘(i) the agency receives a basic sup-
port payment under section 8003(b) for 
the fiscal year; or 
‘‘(ii) the agency receives a federal 
properties payment under section 8002 for 
the fiscal year. 
‘‘(C) RULE OF CONSTRUCTION.—For pur-
poses of subparagraph (A)(i), a local edu-
cational agency— 
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‘‘(i) has no practical capacity to issue 
bonds if the total assessed value of real 
property that may be taxed for school pur-
poses is less than $25,000,000; and 
‘‘(ii) has minimal capacity to issue 
bonds if the total assessed value of real 
property that may be taxed for school pur-
poses is at least $25,000,000 but not more 
than $50,000,000. 
‘‘(4) AWARD
CRITERIA.—In awarding emer-
gency grants and modernization grants under this 
subsection, the Secretary shall consider the following 
factors: 
‘‘(A) The ability of the local educational 
agency to respond to the emergency, or to pay 
for the modernization project, as the case may 
be, as measured by— 
‘‘(i) the agency’s level of bonded in-
debtedness; 
‘‘(ii) the assessed value of real prop-
erty per student that may be taxed for 
school purposes compared to the average of 
the assessed value of real property per stu-
dent that may be taxed for school purposes 
in the State in which the agency is located; 
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‘‘(iii) the agency’s total tax rate for 
school purposes (or for capital expendi-
tures, if applicable) compared to the aver-
age total tax rate for school purposes (or 
the average capital expenditure tax rate, if 
applicable) in the State in which the agen-
cy is located; and 
‘‘(iv) funds that are available to the 
agency, from any other source, including 
subsection (a), that may be used for cap-
ital expenditures. 
‘‘(B) The percentage of property in the 
agency that is nontaxable due to the presence 
of the Federal Government. 
‘‘(C) The number and percentages of chil-
dren described in subparagraphs (A), (B), (C), 
and (D) of section 8003(a)(1) served in the 
school facility with the emergency or served in 
the school facility proposed for modernization, 
as the case may be. 
‘‘(D) In the case of an emergency grant, 
the severity of the emergency, as measured by 
the threat that the condition of the school facil-
ity poses to the health, safety, and well-being of 
students. 
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‘‘(E) In the case of a modernization 
grant— 
‘‘(i) the severity of the need for mod-
ernization, as measured by such factors 
as— 
‘‘(I) overcrowding, as evidenced 
by the use of portable classrooms, or 
the potential for future overcrowding 
because of increased enrollment; or 
‘‘(II) the agency’s inability to uti-
lize technology or offer a curriculum 
in 
accordance 
with 
contemporary 
State standards due to the physical 
limitations of the current school facil-
ity; and 
‘‘(ii) the age of the school facility pro-
posed for modernization. 
‘‘(5) OTHER AWARD PROVISIONS.— 
‘‘(A) GENERAL PROVISIONS.— 
‘‘(i) LIMITATIONS
ON
AMOUNT
OF 
FUNDS.— 
‘‘(I) IN GENERAL.—The amount 
of funds provided under an emergency 
grant 
or 
a 
modernization 
grant 
awarded under this subsection to a 
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local educational agency that meets 
the requirements of subclause (II) of 
paragraph (3)(A)(i) for purposes of 
eligibility under subparagraph (A) or 
(B) of paragraph (3)— 
‘‘(aa) shall not exceed 50 
percent of the total cost of the 
project to be assisted under this 
subsection; and 
‘‘(bb) 
shall 
not 
exceed 
$4,000,000 during any 4-year pe-
riod. 
‘‘(II) IN-KIND CONTRIBUTIONS.— 
A local educational agency may use 
in-kind contributions to meet the 
matching requirement of subclause 
(I)(aa). 
‘‘(ii) 
PROHIBITIONS
ON
USE
OF 
FUNDS.—A local educational agency may 
not use funds provided under an emer-
gency grant or modernization grant award-
ed under this subsection for— 
‘‘(I) a project for a school facility 
for which the agency does not have 
full title or other interest; 
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‘‘(II) stadiums or other school fa-
cilities that are primarily used for 
athletic contests, exhibitions, or other 
events for which admission is charged 
to the general public; or 
‘‘(III) the acquisition of real 
property. 
‘‘(iii) 
SUPPLEMENT, 
NOT
SUP-
PLANT.—A local educational agency shall 
use funds provided under an emergency 
grant or modernization grant awarded 
under this subsection only to supplement 
the amount of funds that would, in the ab-
sence of the Federal funds provided under 
the grant, be made available from non- 
Federal sources to carry out emergency re-
pairs of school facilities or to carry out the 
modernization of school facilities, as the 
case may be, and not to supplant such 
funds. 
‘‘(iv) MAINTENANCE COSTS.—Nothing 
in this subsection shall be construed to au-
thorize the payment of maintenance costs 
in connection with any school facility mod-
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PWALKER on DSK8KYBLC1PROD with BILLS
ernized in whole or in part with Federal 
funds provided under this subsection. 
‘‘(v) 
ENVIRONMENTAL
SAFE-
GUARDS.—All projects carried out with 
Federal funds provided under this sub-
section shall comply with all relevant Fed-
eral, State, and local environmental laws 
and regulations. 
‘‘(vi) CARRY-OVER OF CERTAIN APPLI-
CATIONS.—A local educational agency that 
applies for an emergency grant or a mod-
ernization grant under this subsection for 
a fiscal year and does not receive the grant 
for the fiscal year shall have the applica-
tion for the grant considered for the fol-
lowing fiscal year, subject to the priority 
requirements of paragraph (2) and the 
award criteria requirements of paragraph 
(4). 
‘‘(B) EMERGENCY
GRANTS; PROHIBITION 
ON USE OF FUNDS.—A local educational agency 
that is awarded an emergency grant under this 
subsection may not use amounts under the 
grant for the complete or partial replacement of 
an existing school facility unless such replace-
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ment is less expensive or more cost-effective 
than correcting the identified emergency. 
‘‘(6) APPLICATION.—A local educational agency 
that desires to receive an emergency grant or a mod-
ernization grant under this subsection shall submit 
an application to the Secretary at such time, in such 
manner, and accompanied by such information as 
the Secretary may require. Each application shall 
contain the following: 
‘‘(A) A description of how the local edu-
cational agency meets the award criteria under 
paragraph (4), including the information de-
scribed in clauses (i) through (iv) of paragraph 
(4)(A) and subparagraphs (B) and (C) of para-
graph (4). 
‘‘(B) In the case of an application for an 
emergency grant— 
‘‘(i) a description of the school facility 
deficiency that poses a health or safety 
hazard to the occupants of the facility and 
a description of how the deficiency will be 
repaired; and 
‘‘(ii) a signed statement from an ap-
propriate local official certifying that a de-
ficiency in the school facility threatens the 
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PWALKER on DSK8KYBLC1PROD with BILLS
health or safety of the occupants of the fa-
cility or that prevents the use of all or a 
portion of the building. 
‘‘(C) In the case of an application for a 
modernization grant— 
‘‘(i) an explanation of the need for the 
school facility modernization project; 
‘‘(ii) the date on which original con-
struction of the facility to be modernized 
was completed; 
‘‘(iii) a listing of the school facilities 
to be modernized, including the number 
and percentage of children determined 
under section 8003(a)(1) in average daily 
attendance in each school facility; and 
‘‘(iv) a description of the ownership of 
the property on which the current school 
facility is located or on which the planned 
school facility will be located. 
‘‘(D) A description of the project for which 
a grant under this subsection will be used, in-
cluding a cost estimate for the project. 
‘‘(E) A description of the interest in, or 
authority over, the school facility involved, such 
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PWALKER on DSK8KYBLC1PROD with BILLS
as an ownership interest or a lease arrange-
ment. 
‘‘(F) Such other information and assur-
ances as the Secretary may reasonably require. 
‘‘(7) REPORT.— 
‘‘(A) IN GENERAL.—Not later than Janu-
ary 1 of each year, the Secretary shall prepare 
and submit to the appropriate congressional 
committees a report that contains a justifica-
tion for each grant awarded under this sub-
section for the prior fiscal year. 
‘‘(B) DEFINITION.—In this paragraph, the 
term ‘appropriate congressional committees’ 
means— 
‘‘(i) the Committee on Appropriations 
and the Committee on Education and 
Labor of the House of Representatives; 
and 
‘‘(ii) the Committee on Appropriations 
and the Committee on Health, Education, 
Labor, and Pensions of the Senate.’’. 
Æ 
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