tion (excluding subsection (k)) during the 
reporting period. 
‘‘(C) 
SECRETARIAL
REPORT.—The 
Sec-
retary shall review the reports submitted under 
subparagraph (A) and shall provide a com-
prehensive annual report to Congress on the ac-
tivities conducted under this section (excluding 
subsection (k)). 
‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE OB-
LIGATION.—No financial obligation of an eligible entity en-
tered into pursuant to this section (such as an obligation 
under a guarantee, bond, note, evidence of debt, or loan) 
shall be an obligation of, or guaranteed in any respect by, 
the United States. The full faith and credit of the United 
States is not pledged to the payment of funds which may 
be required to be paid under any obligation made by an 
eligible entity pursuant to any provision of this section. 
‘‘(j) RECOVERY OF FUNDS.— 
‘‘(1) IN GENERAL.—The Secretary, in accordance 
with chapter 37 of title 31, United States Code, shall 
collect— 
‘‘(A) all of the funds in a reserve account es-
tablished by an eligible entity under subsection 
(f)(1) if the Secretary determines, not earlier 
than 2 years after the date on which the eligible 
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entity first received funds under this section (ex-
cluding subsection (k)), that the eligible entity 
has failed to make substantial progress in car-
rying out the purposes described in subsection 
(f)(1); or 
‘‘(B) all or a portion of the funds in a re-
serve account established by an eligible entity 
under subsection (f)(1) if the Secretary deter-
mines that the eligible entity has permanently 
ceased to use all or a portion of the funds in 
such account to accomplish any purpose de-
scribed in subsection (f)(1). 
‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 
shall not exercise the authority provided in paragraph 
(1) to collect from any eligible entity any funds that 
are being properly used to achieve one or more of the 
purposes described in subsection (f)(1). 
‘‘(3) PROCEDURES.—The provisions of sections 
451, 452, and 458 of the General Education Provi-
sions Act shall apply to the recovery of funds under 
paragraph (1). 
‘‘(4) CONSTRUCTION.—This subsection shall not 
be construed to impair or affect the authority of the 
Secretary to recover funds under part D of the Gen-
eral Education Provisions Act. 
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‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 
‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID 
PROGRAM.—In this subsection, the term ‘per-pupil fa-
cilities aid program’ means a program in which a 
State makes payments, on a per-pupil basis, to char-
ter schools to provide the schools with financing— 
‘‘(A) that is dedicated solely for funding 
charter school facilities; or 
‘‘(B) a portion of which is dedicated for 
funding charter school facilities. 
‘‘(2) GRANTS.— 
‘‘(A) IN GENERAL.—From the amount re-
served under section 5202(b)(1) remaining after 
the Secretary makes grants under subsection (a), 
the Secretary shall make grants, on a competi-
tive basis, to States to pay for the Federal share 
of the cost of establishing or enhancing, and ad-
ministering per-pupil facilities aid programs. 
‘‘(B) PERIOD.—The Secretary shall award 
grants under this subsection for periods of not 
more than 5 years. 
‘‘(C) FEDERAL SHARE.—The Federal share 
of the cost described in subparagraph (A) for a 
per-pupil facilities aid program shall be not 
more than— 
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‘‘(i) 90 percent of the cost, for the first 
fiscal year for which the program receives 
assistance under this subsection; 
‘‘(ii) 80 percent in the second such 
year; 
‘‘(iii) 60 percent in the third such 
year; 
‘‘(iv) 40 percent in the fourth such 
year; and 
‘‘(v) 20 percent in the fifth such year. 
‘‘(D) STATE SHARE.—A State receiving a 
grant under this subsection may partner with 1 
or more organizations to provide up to 50 per-
cent of the State share of the cost of establishing 
or enhancing, and administering the per-pupil 
facilities aid program. 
‘‘(E) MULTIPLE GRANTS.—A State may re-
ceive more than 1 grant under this subsection, so 
long as the amount of such funds provided to 
charter schools increases with each successive 
grant. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—A State that receives a 
grant under this subsection shall use the funds 
made available through the grant to establish or 
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enhance, and administer, a per-pupil facilities 
aid program for charter schools in the State of 
the applicant. 
‘‘(B) EVALUATIONS; 
TECHNICAL
ASSIST-
ANCE; DISSEMINATION.—From the amount made 
available to a State through a grant under this 
subsection for a fiscal year, the State may re-
serve not more than 5 percent to carry out eval-
uations, to provide technical assistance, and to 
disseminate information. 
‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds 
made available under this subsection shall be 
used to supplement, and not supplant, State, 
and local public funds expended to provide per 
pupil facilities aid programs, operations financ-
ing programs, or other programs, for charter 
schools. 
‘‘(4) REQUIREMENTS.— 
‘‘(A) VOLUNTARY PARTICIPATION.—No State 
may be required to participate in a program 
carried out under this subsection. 
‘‘(B) STATE LAW.— 
‘‘(i) IN GENERAL.—To be eligible to re-
ceive a grant under this subsection, a State 
shall establish or enhance, and administer, 
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a per-pupil facilities aid program for char-
ter schools in the State, that— 
‘‘(I) is specified in State law; and 
‘‘(II) provides annual financing, 
on a per-pupil basis, for charter school 
facilities. 
‘‘(ii) SPECIAL RULE.—A State that is 
required under State law to provide its 
charter schools with access to adequate facil-
ity space may be eligible to receive a grant 
under this subsection if the State agrees to 
use the funds to develop a per-pupil facili-
ties aid program consistent with the re-
quirements of this subsection. 
‘‘(5) APPLICATIONS.—To be eligible to receive a 
grant under this subsection, a State shall submit an 
application to the Secretary at such time, in such 
manner, and containing such information as the Sec-
retary may require.’’. 
SEC. 7. NATIONAL ACTIVITIES. 
Section 5205 (20 U.S.C. 7221d) is amended to read 
as follows: 
‘‘SEC. 5205. NATIONAL ACTIVITIES. 
‘‘(a) IN GENERAL.—From the amount reserved under 
section 5202(b)(2), the Secretary shall— 
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‘‘(1) use not less than 50 percent of such funds 
to award grants in accordance with subsection (b); 
and 
‘‘(2) use the remainder of such funds to— 
‘‘(A) disseminate technical assistance to 
State entities in awarding subgrants under sec-
tion 5203; 
‘‘(B) disseminate best practices; and 
‘‘(C) evaluate the impact of the charter 
school program, including the impact on student 
achievement, carried out under this subpart. 
‘‘(b) GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants, on a competitive basis, to eligible applicants 
for the purpose of carrying out the activities described 
in section 5202(a)(1), subparagraphs (A) through (C) 
of section 5203(a)(1), and section 5203(g). 
‘‘(2) TERMS AND CONDITIONS.—Except as other-
wise provided in this subsection, grants awarded 
under this subsection shall have the same terms and 
conditions as grants awarded to State entities under 
section 5203. 
‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur-
poses of this subsection, the term ‘eligible applicant’ 
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means an eligible applicant that desires to open a 
charter school in— 
‘‘(A) a State that did not apply for a grant 
under section 5203; 
‘‘(B) a State that did not receive a grant 
under section 5203; or 
‘‘(C) a State that received a grant under 
section 5203 and is in the 4th or 5th year of the 
grant period for such grant. 
‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 
carry out any of the activities described in this section di-
rectly or through grants, contracts, or cooperative agree-
ments.’’. 
SEC. 8. RECORDS TRANSFER. 
Section 5208 (20 U.S.C. 7221g) is amended— 
(1) by inserting ‘‘as quickly as possible and’’ be-
fore ‘‘to the extent practicable’’; and 
(2) by striking ‘‘section 602’’ and inserting ‘‘sec-
tion 602(14)’’. 
SEC. 9. DEFINITIONS. 
Section 5210 (20 U.S.C. 7221i) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (K); 
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(B) by striking the period at the end of sub-
paragraph (L) and inserting ‘‘; and’’; and 
(C) by adding at the end, the following: 
‘‘(M) may serve prekindergarten or post sec-
ondary students.’’; 
(2) in paragraph (3)(B), by striking ‘‘under sec-
tion 5203(d)(3)’’; and 
(3) by inserting at the end the following: 
‘‘(5) EXPANSION OF A HIGH-QUALITY CHARTER 
SCHOOL.—The term ‘expansion of a high-quality 
charter school’ means a high-quality charter school 
that either significantly increases its enrollment or 
adds one or more grades to its school. 
‘‘(6) HIGH-QUALITY
CHARTER
SCHOOL.—The 
term ‘high-quality charter school’ means a charter 
school that— 
‘‘(A) shows evidence of strong academic re-
sults, which may include strong academic growth 
as determined by a State; 
‘‘(B) has no significant issues in the areas 
of student safety, financial management, or stat-
utory or regulatory compliance; 
‘‘(C) has demonstrated success in signifi-
cantly increasing student academic achievement 
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and attainment for all students served by charter 
schools; and 
‘‘(D) has demonstrated success in increasing 
student academic achievement for the subgroups 
of 
students 
described 
in 
section 
1111(b)(2)(C)(v)(II). 
‘‘(7) 
REPLICABLE, 
HIGH-QUALITY
CHARTER 
SCHOOL MODEL.—The term ‘replicable, high-quality 
charter school model’ means a high-quality charter 
school that will open a new campus under an existing 
charter.’’. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
Section 5211 (20 U.S.C. 7221j) is amended to read 
as follows: 
‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart $300,000,000 for fiscal year 2012 and each of 
the 5 succeeding fiscal years.’’. 
SEC. 11. CONFORMING AMENDMENTS. 
(a) REPEAL.—Subpart 2 of part B of title V (20 
U.S.C. 7223 et seq.) is repealed. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 2 is amended— 
(1) by striking the item relating to section 5203 
and inserting the following: 
‘‘Sec. 5203. Grants to support high-quality charter schools.’’; 
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(2) by striking the item relating to section 5204 
and inserting the following: 
‘‘Sec. 5204. Facilities Financing Assistance.’’; and 
(3) by striking subpart 2 of part B of title V. 
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VerDate Mar 15 2010 
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