TH S H. R. 3616 - gpo.gov · 2D SESSION H. R. 3616 To reauthorize the impact aid program under the...

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I 106TH CONGRESS 2D SESSION H. R. 3616 To reauthorize the impact aid program under the Elementary and Secondary Education Act of 1965, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 10, 2000 Mr. HAYES (for himself, Mr. GOODLING, Mr. GREENWOOD, Mr. SCOTT, Mr. EDWARDS, Mr. POMEROY, Mr. HAYWORTH, Mr. KILDEE, Mr. CUNNINGHAM, Mr. THORNBERRY, Mr. MCHUGH, Mr. BILBRAY, Mr. MCCRERY, Mrs. KELLY, Mr. JONES of North Carolina, Mr. KUYKENDALL, Mr. HEFLEY, Mr. YOUNG of Alaska, Mr. CHAMBLISS, Mr. MCKEON, Mr. FLETCHER, Mr. GIBBONS, Mr. NETHERCUTT, Mrs. CUBIN, Mr. KENNEDY of Rhode Island, Mr. SKELTON, Mr. MCINTYRE, Mr. SAXTON, Mr. CALVERT, Mr. WHITFIELD, Mr. PORTER, Mr. PACK- ARD, Mrs. BONO, Mr. ROHRABACHER, Mr. TERRY, Mr. TANCREDO, and Mr. STUMP) introduced the following bill; which was referred to the Com- mittee on Education and the Workforce A BILL To reauthorize the impact aid program under the Elementary and Secondary Education Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Impact Aid Reauthor- 4 ization Act of 2000’’. 5

Transcript of TH S H. R. 3616 - gpo.gov · 2D SESSION H. R. 3616 To reauthorize the impact aid program under the...

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106TH CONGRESS2D SESSION H. R. 3616

To reauthorize the impact aid program under the Elementary and Secondary

Education Act of 1965, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 2000

Mr. HAYES (for himself, Mr. GOODLING, Mr. GREENWOOD, Mr. SCOTT, Mr.

EDWARDS, Mr. POMEROY, Mr. HAYWORTH, Mr. KILDEE, Mr.

CUNNINGHAM, Mr. THORNBERRY, Mr. MCHUGH, Mr. BILBRAY, Mr.

MCCRERY, Mrs. KELLY, Mr. JONES of North Carolina, Mr.

KUYKENDALL, Mr. HEFLEY, Mr. YOUNG of Alaska, Mr. CHAMBLISS, Mr.

MCKEON, Mr. FLETCHER, Mr. GIBBONS, Mr. NETHERCUTT, Mrs.

CUBIN, Mr. KENNEDY of Rhode Island, Mr. SKELTON, Mr. MCINTYRE,

Mr. SAXTON, Mr. CALVERT, Mr. WHITFIELD, Mr. PORTER, Mr. PACK-

ARD, Mrs. BONO, Mr. ROHRABACHER, Mr. TERRY, Mr. TANCREDO, and

Mr. STUMP) introduced the following bill; which was referred to the Com-

mittee on Education and the Workforce

A BILLTo reauthorize the impact aid program under the Elementary

and Secondary Education Act of 1965, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This Act may be cited as the ‘‘Impact Aid Reauthor-4

ization Act of 2000’’.5

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SEC. 2. PURPOSE.1

Section 8001 of the Elementary and Secondary Edu-2

cation Act of 1965 (20 U.S.C. 7701) is amended—3

(1) in the matter preceding paragraph (1)—4

(A) by inserting after ‘‘educational services5

to federally connected children’’ the following:6

‘‘in a manner that promotes control by local7

educational agencies with little or no Federal or8

State involvement’’; and9

(B) by inserting after ‘‘certain activities of10

the Federal Government’’ the following: ‘‘, such11

as activities to fulfill the responsibilities of the12

Federal Government with respect to Indian13

tribes and activities under section 514 of the14

Soldiers’ and Sailors’ Civil Relief Act of 194015

(50 U.S.C. App. 574),’’;16

(2) in paragraph (4), by adding ‘‘or’’ at the17

end;18

(3) by striking paragraph (5);19

(4) by redesignating paragraph (6) as para-20

graph (5); and21

(5) in paragraph (5) (as redesignated), by in-22

serting before the period at the end the following:23

‘‘and because of the difficulty of raising local rev-24

enue through bond referendums for capital projects25

due to the inability to tax Federal property’’.26

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SEC. 3. PAYMENTS RELATING TO FEDERAL ACQUISITION1

OF REAL PROPERTY.2

(a) FISCAL YEAR REQUIREMENT.—Section 8002(a)3

of the Elementary and Secondary Education Act of 19654

(20 U.S.C. 7702(a)) is amended in the matter preceding5

paragraph (1) by striking ‘‘1999’’ and inserting ‘‘2005’’.6

(b) AMOUNT.—7

(1) INSUFFICIENT FUNDS.—Section8

8002(b)(1)(B) of the Elementary and Secondary9

Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is10

amended by striking ‘‘shall ratably reduce the pay-11

ment to each eligible local educational agency’’ and12

inserting ‘‘shall calculate the payment for each eligi-13

ble local educational agency in accordance with sub-14

section (h)’’.15

(2) MAXIMUM AMOUNT.—Section 8002(b)(1)(C)16

of the Elementary and Secondary Education Act of17

1965 (20 U.S.C. 7702(b)(1)(C)) is amended by add-18

ing at the end before the period the following: ‘‘, or19

the maximum amount that such agency is eligible to20

receive for such fiscal year under this section, which-21

ever is greater’’.22

(c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN23

WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—24

Section 8002(h) of the Elementary and Secondary Edu-25

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cation Act of 1965 (20 U.S.C. 7702(h)) is amended to1

read as follows:2

‘‘(h) PAYMENTS WITH RESPECT TO FISCAL YEARS3

IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—4

For any fiscal year for which the amount appropriated5

under section 8014(a) is insufficient to pay to each local6

educational agency the full amount determined under sub-7

section (b), the Secretary shall make payments to each8

local educational agency under this section as follows:9

‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RE-10

CIPIENTS.—11

‘‘(A) IN GENERAL.—The Secretary shall12

first make a foundation payment to each local13

educational agency that is eligible to receive a14

payment under this section for the fiscal year15

involved and was eligible to receive a payment16

under section 2 of the Act of September 30,17

1950 (Public Law 874, 81st Congress) (as such18

section was in effect on the day preceding the19

date of the enactment of the Improving Amer-20

ica’s Schools Act of 1994) for any of the fiscal21

years 1989 through 1994.22

‘‘(B) AMOUNT.—The amount of a payment23

under subparagraph (A) for a local educational24

agency shall be equal to 37 percent of the pay-25

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ment amount the local educational agency was1

eligible to receive under section 2 of the Act of2

September 30, 1950, for fiscal year 1994 (or if3

the local educational agency was not eligible to4

receive a payment under such section 2 for fis-5

cal year 1994, the payment that local edu-6

cational agency was eligible to receive under7

such section 2 for the most recent fiscal year8

preceding 1994).9

‘‘(C) INSUFFICIENT APPROPRIATIONS.—If10

the amount appropriated under section 8014(a)11

is insufficient to pay the full amount deter-12

mined under this paragraph for all eligible local13

educational agencies for the fiscal year, then14

the Secretary shall ratably reduce the payment15

to each local educational agency under this16

paragraph.17

‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—18

‘‘(A) IN GENERAL.—From any amounts19

remaining after making payments under para-20

graph (1) for the fiscal year involved, the Sec-21

retary shall make a payment to each eligible22

local educational agency that received a pay-23

ment under this section for fiscal year 1995.24

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‘‘(B) AMOUNT.—The amount of a payment1

under subparagraph (A) for a local educational2

agency shall be determined as follows:3

‘‘(i) Calculate the difference between4

the amount appropriated to carry out this5

section for fiscal year 1995 and the total6

amount of foundation payments made7

under paragraph (1) for the fiscal year.8

‘‘(ii) Determine the percentage share9

for each local educational agency that re-10

ceived a payment under this section for fis-11

cal year 1995 by dividing the assessed12

value of the Federal property of the local13

educational agency for fiscal year 1995 de-14

termined in accordance with subsection15

(b)(3), by the total national assessed value16

of the Federal property of all such local17

educational agencies for fiscal year 1995,18

as so determined.19

‘‘(iii) Multiply the percentage share20

described in clause (ii) for the local edu-21

cational agency by the amount determined22

under clause (i).23

‘‘(3) SUBSECTION (i) RECIPIENTS.—From any24

funds remaining after making payments under para-25

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graphs (1) and (2) for the fiscal year involved, the1

Secretary shall make payments in accordance with2

subsection (i).3

‘‘(4) REMAINING FUNDS.—From any funds re-4

maining after making payments under paragraphs5

(1), (2), and (3) for the fiscal year involved—6

‘‘(A) the Secretary shall make a payment7

to each local educational agency that received a8

foundation payment under paragraph (1) for9

the fiscal year involved in an amount that bears10

the same relation to 25 percent of the remain-11

der as the amount the local educational agency12

received under paragraph (1) for the fiscal year13

involved bears to the amount all local edu-14

cational agencies received under paragraph (1)15

for the fiscal year involved; and16

‘‘(B) the Secretary shall make a payment17

to each local educational agency that is eligible18

to receive a payment under this section for the19

fiscal year involved in an amount that bears the20

same relation to 75 percent of the remainder as21

a percentage share determined for the local22

educational agency (in the same manner as per-23

centage shares are determined for local edu-24

cational agencies under paragraph (2)(B)(ii))25

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bears to the percentage share determined (in1

the same manner) for all local educational2

agencies eligible to receive a payment under this3

section for the fiscal year involved, except that4

for the purpose of calculating a local edu-5

cational agency’s assessed value of the Federal6

property, data from the most current fiscal year7

shall be used.’’.8

(d) SPECIAL PAYMENTS.—9

(1) IN GENERAL.—Section 8002(i)(1) of the El-10

ementary and Secondary Education Act of 1965 (2011

U.S.C. 7702(i)(1)) is amended to read as follows:12

‘‘(1) IN GENERAL.—For any fiscal year begin-13

ning with fiscal year 2000 for which the amount ap-14

propriated to carry out this section exceeds the15

amount so appropriated for fiscal year 1996 and for16

which subsection (b)(1)(B) applies, the Secretary17

shall use the remainder described in subsection18

(h)(3) for the fiscal year involved (not to exceed the19

amount equal to the difference between (A) the20

amount appropriated to carry out this section for21

fiscal year 1997 and (B) the amount appropriated to22

carry out this section for fiscal year 1996) to in-23

crease the payment that would otherwise be made24

under this section to not more than 50 percent of25

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the maximum amount determined under subsection1

(b) for any local educational agency described in2

paragraph (2).’’.3

(2) CONFORMING AMENDMENT.—The heading4

of section 8002(i) of the Elementary and Secondary5

Education Act of 1965 (20 U.S.C. 7702(i)) is6

amended by striking ‘‘PRIORITY’’ and inserting SPE-7

CIAL’’.8

(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL9

EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-10

ERTY ACQUISITION.—Section 8002(j)(2) of the Elemen-11

tary and Secondary Education Act of 1965 (20 U.S.C.12

7702(j)(2)) is amended—13

(1) by striking ‘‘(A) A local educational agen-14

cy’’ and inserting ‘‘A local educational agency’’;15

(2) by redesignating clauses (i) through (v) as16

subparagraphs (A) through (E), respectively; and17

(3) in subparagraph (C) (as redesignated), by18

adding at the end before the period the following:19

‘‘and such agency does not currently have a military20

installation located within its geographic bound-21

aries’’.22

(f) DATA; PRELIMINARY AND FINAL PAYMENTS.—23

Section 8002 of the Elementary and Secondary Education24

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•HR 3616 IH

Act of 1965 (20 U.S.C. 7702) is amended by adding at1

the end the following:2

‘‘(l) DATA; PRELIMINARY AND FINAL PAYMENTS.—3

‘‘(1) IN GENERAL.—The Secretary shall—4

‘‘(A) not later than 30 days following the5

application deadline under section 8005(c) for a6

fiscal year, require any local educational agency7

that applied for a payment under subsection (b)8

for the fiscal year to submit such data as may9

be necessary in order to compute the payment;10

‘‘(B) as soon as possible after the begin-11

ning of any fiscal year, but no later than 6012

days after the enactment of an Act making ap-13

propriations to carry out this title for the fiscal14

year, provide a preliminary payment under sub-15

section (b) for any local educational agency that16

applied for a payment under subsection (b) for17

the fiscal year and was eligible for such a pay-18

ment for the preceding fiscal year, in the19

amount of 60 percent of the payment for the20

previous year; and21

‘‘(C) provide a final payment under sub-22

section (b) for any eligible local educational23

agency not later than 12 months after the ap-24

plication deadline established under section25

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•HR 3616 IH

8005(c), except that any local educational agen-1

cy failing to submit all of the data required2

under subparagraph (A) shall be denied such3

payment for the fiscal year for which the appli-4

cation is made unless funds from a source other5

than the Act described in subparagraph (B) are6

made available to provide such payment.7

‘‘(2) ELIGIBILITY FOR PAYMENTS IN SUBSE-8

QUENT YEARS.—The denial of a payment under sub-9

section (b) to a local educational agency for a fiscal10

year pursuant to this subsection shall not affect the11

eligibility of the local educational agency for a final12

payment under subsection (b) for a subsequent fiscal13

year.’’.14

SEC. 4. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED15

CHILDREN.16

(a) MILITARY INSTALLATION HOUSING UNDERGOING17

RENOVATION OR REBUILDING.—18

(1) IN GENERAL.—Section 8003(a)(4) of the19

Elementary and Secondary Education Act of 196520

(20 U.S.C. 7703(a)) is amended—21

(A) in the heading, by striking ‘‘UNDER-22

GOING RENOVATION’’ and inserting ‘‘UNDER-23

GOING RENOVATION OR REBUILDING’’;24

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(B) by striking ‘‘For purposes’’ and insert-1

ing the following:2

‘‘(A) IN GENERAL.—For purposes’’;3

(C) in subparagraph (A) (as designated by4

subparagraph (B)), by inserting ‘‘or rebuilding’’5

after ‘‘undergoing renovation’’; and6

(D) by adding at the end the following:7

‘‘(B) LIMITATIONS.—(i)(I) Except as pro-8

vided in subclause (II), children described in9

paragraph (1)(D)(i) may be deemed to be chil-10

dren described in paragraph (1)(B) with respect11

to housing on Federal property undergoing ren-12

ovation or rebuilding in accordance with sub-13

paragraph (A) for a period not to exceed 2 fis-14

cal years.15

‘‘(II) If the Secretary determines, on the16

basis of a certification provided to the Secretary17

by a designated representative of the Secretary18

of Defense, that the expected completion date of19

the renovation or rebuilding of the housing has20

been delayed by not less than 1 year, then—21

‘‘(aa) in the case of a determination22

made by the Secretary in the 1st fiscal23

year described in subclause (I), the time24

period described such subclause shall be25

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•HR 3616 IH

extended by the Secretary for an additional1

2 years; and2

‘‘(bb) in the case of a determination3

made by the Secretary in the 2nd fiscal4

year described in subclause (I), the time5

period described such subclause shall be6

extended by the Secretary for an additional7

1 year.8

‘‘(ii) The number of children described in9

paragraph (1)(D)(i) who are deemed to be chil-10

dren described in paragraph (1)(B) with respect11

to housing on Federal property undergoing ren-12

ovation or rebuilding in accordance with sub-13

paragraph (A) for any fiscal year may not ex-14

ceed the maximum number of children who are15

expected to occupy that housing upon comple-16

tion of the renovation or rebuilding.’’.17

(2) EFFECTIVE DATE.—The amendments made18

by paragraph (1) shall apply with respect to pay-19

ments to a local educational agency for fiscal years20

beginning before, on, or after the date of the enact-21

ment of this Act.22

(b) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUS-23

ING.—Section 8003(a) of the Elementary and Secondary24

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Education Act of 1965 (20 U.S.C. 7703(a)) is amended1

by adding at the end the following:2

‘‘(5) MILITARY ‘BUILD TO LEASE’ PROGRAM3

HOUSING.—4

‘‘(A) IN GENERAL.—For purposes of com-5

puting the amount of payment for a local edu-6

cational agency for children identified under7

paragraph (1), the Secretary shall consider chil-8

dren residing in housing initially acquired or9

constructed under the former section 2828(g) of10

title 10, United States Code (commonly known11

as the ‘Build to Lease’ program), as added by12

section 801 of the Military Construction Au-13

thorization Act, 1984, to be children described14

under paragraph (1)(B) if the property de-15

scribed is within the fenced security perimeter16

of the military facility upon which such housing17

is situated.18

‘‘(B) ADDITIONAL REQUIREMENTS.—If the19

property described in subparagraph (A) is not20

owned by the Federal Government, is subject to21

taxation by a State or political subdivision of a22

State, and thereby generates revenues for a23

local educational agency that is applying to re-24

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•HR 3616 IH

ceive a payment under this section, then the1

Secretary—2

‘‘(i) shall require the local educational3

agency to provide certification from an ap-4

propriate official of the Department of De-5

fense that the property is being used to6

provide military housing; and7

‘‘(ii) shall reduce the amount of the8

payment under this section by an amount9

equal to the amount of revenue from such10

taxation received in the second preceding11

fiscal year by such local educational agen-12

cy, unless the amount of such revenue was13

taken into account by the State for such14

second preceding fiscal year and already15

resulted in a reduction in the amount of16

State aid paid to such local educational17

agency.’’.18

SEC. 5. BASIC SUPPORT PAYMENTS FOR HEAVILY IM-19

PACTED LOCAL EDUCATIONAL AGENCIES.20

(a) IN GENERAL.—Section 8003(b) of the Elemen-21

tary and Secondary Education Act of 1965 (20 U.S.C.22

7703(b)) is amended—23

(1) by redesignating paragraphs (2) and (3) as24

paragraphs (3) and (4), respectively; and25

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(2) by inserting after paragraph (1) the fol-1

lowing:2

‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY3

IMPACTED LOCAL EDUCATIONAL AGENCIES.—4

‘‘(A) IN GENERAL.—(i) From the amount5

appropriated under section 8014(b) for a fiscal6

year, the Secretary is authorized to make basic7

support payments to eligible heavily impacted8

local educational agencies with children de-9

scribed in subsection (a).10

‘‘(ii) A local educational agency that re-11

ceives a basic support payment under this para-12

graph for a fiscal year shall not be eligible to13

receive a basic support payment under para-14

graph (1) for that fiscal year.15

‘‘(B) ELIGIBILITY FOR CONTINUING HEAV-16

ILY IMPACTED LOCAL EDUCATIONAL AGEN-17

CIES.—18

‘‘(i) FISCAL YEAR 2001.—A heavily19

impacted local educational agency is eligi-20

ble to receive a basic support payment21

under subparagraph (A) for fiscal year22

2001 with respect to a number of children23

determined under subsection (a)(1) only if24

the agency received an additional assist-25

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ance payment under subsection (f) (as1

such subsection was in effect on the day2

before the date of the enactment of the3

Impact Aid Reauthorization Act of 2000)4

for fiscal year 2000.5

‘‘(ii) FISCAL YEAR 2002 AND SUBSE-6

QUENT FISCAL YEARS.—A heavily im-7

pacted local educational agency described8

in clause (i) is eligible to receive a basic9

support payment under subparagraph (A)10

for fiscal year 2002 and any subsequent11

fiscal year with respect to a number of12

children determined under subsection13

(a)(1) only if the agency—14

‘‘(I) received a basic support pay-15

ment under subparagraph (A) for fis-16

cal year 2001; and17

‘‘(II)(aa) is a local educational18

agency whose boundaries are the same19

as a Federal military installation;20

‘‘(bb) has an enrollment of feder-21

ally connected children described in22

subsection (a)(1) which constitutes a23

percentage of the total student enroll-24

ment of such agency which is not less25

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than 35 percent, has a per-pupil ex-1

penditure that is less than the average2

per-pupil expenditure of the State in3

which the agency is located or the av-4

erage per-pupil expenditure of all5

States (whichever average per-pupil6

expenditure is greater), except that a7

local educational agency with a total8

student enrollment of less than 3509

students shall be deemed to have sat-10

isfied such per-pupil expenditure re-11

quirement, and has a tax rate for gen-12

eral fund purposes which is at least13

95 percent of the average tax rate for14

general fund purposes of comparable15

local educational agencies in the16

State; or17

‘‘(cc) has a total student enroll-18

ment of not less than 25,000 stu-19

dents, of which not less than 50 per-20

cent are federally connected children21

described in subsection (a)(1) and not22

less than 6,000 of such federally con-23

nected children are children described24

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in subparagraphs (A) and (B) of sub-1

section (a)(1).2

‘‘(iii) RESUMPTION OF ELIGIBILITY.—3

A heavily impacted local educational agen-4

cy described in clause (i) or (ii) that be-5

comes ineligible under either such clause6

for 1 or more fiscal years may resume eli-7

gibility for a basic support payment under8

this paragraph for a subsequent fiscal year9

only if the agency meets the requirements10

of item (aa), (bb), or (cc) of clause (ii)(II)11

for that subsequent fiscal year.12

‘‘(C) ELIGIBILITY FOR NEW HEAVILY IM-13

PACTED LOCAL EDUCATIONAL AGENCIES.—14

‘‘(i) IN GENERAL.—A heavily im-15

pacted local educational agency that did16

not receive an additional assistance pay-17

ment under subsection (f) (as such sub-18

section was in effect on the day before the19

date of the enactment of the Impact Aid20

Reauthorization Act of 2000) for fiscal21

year 2000 is eligible to receive a basic sup-22

port payment under subparagraph (A) for23

fiscal year 2002 and any subsequent fiscal24

year with respect to a number of children25

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determined under subsection (a)(1) only if1

the agency—2

‘‘(I) has an enrollment of feder-3

ally connected children described in4

subsection (a)(1) which constitutes a5

percentage of the total student enroll-6

ment of such agency which (aa) is not7

less than 50 percent if such agency8

receives a payment on behalf of chil-9

dren described in subparagraphs (F)10

and (G) of such subsection or (bb) is11

not less than 40 percent if such agen-12

cy does not receive a payment on be-13

half of such children;14

‘‘(II)(aa) is a local educational15

agency whose boundaries are the same16

as a Federal military installation; or17

‘‘(bb) is a local educational agen-18

cy that has a tax rate for general19

fund purposes which is at least 9520

percent of the average tax rate for21

general fund purposes of comparable22

local educational agencies in the23

State; and24

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‘‘(III)(aa) for a local educational1

agency that has a total student enroll-2

ment of 350 or more students, the3

agency has a per-pupil expenditure4

that is less than the average per-pupil5

expenditure of the State in which the6

agency is located; or7

‘‘(bb) for a local educational8

agency that has a total student enroll-9

ment of less than 350 students, the10

agency has a per-pupil expenditure11

that is less than the average per-pupil12

expenditure of a comparable agency in13

the State in which the agency is lo-14

cated.15

‘‘(ii) RESUMPTION OF ELIGIBILITY.—16

A heavily impacted local educational agen-17

cy described in clause (i) that becomes in-18

eligible under such clause for 1 or more19

fiscal years may resume eligibility for a20

basic support payment under this para-21

graph for a subsequent fiscal year only if22

the agency meets the requirements of sub-23

clauses (I), (II), and (III) of clause (i) for24

that subsequent fiscal year.25

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‘‘(iii) APPLICATION.—With respect to1

the first fiscal year for which a heavily im-2

pacted local educational agency described3

in clause (i) applies for a basic support4

payment under subparagraph (A), or with5

respect to the first fiscal year for which a6

heavily impacted local educational agency7

applies for a basic support payment under8

subparagraph (A) after becoming ineligible9

under clause (i) for 1 or more preceding10

fiscal years, the agency shall apply for11

such payment at least 1 year prior to the12

start of that first fiscal year.13

‘‘(D) MAXIMUM AMOUNT FOR REGULAR14

HEAVILY IMPACTED LOCAL EDUCATIONAL15

AGENCIES.—(i) Except as provided in subpara-16

graph (E), the maximum amount that a heavily17

impacted local educational agency is eligible to18

receive under this paragraph for any fiscal year19

is the sum of the total weighted student units,20

as computed under subsection (a)(2) (subject to21

clause (ii)), multiplied by the greater of—22

‘‘(I) four-fifths of the average per-23

pupil expenditure of the State in which the24

local educational agency is located for the25

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•HR 3616 IH

third fiscal year preceding the fiscal year1

for which the determination is made; or2

‘‘(II) four-fifths of the average per-3

pupil expenditure of all of the States for4

the third fiscal year preceding the fiscal5

year for which the determination is made.6

‘‘(ii)(I) For a local educational agency with7

respect to which 35 percent or more of the total8

student enrollment of the schools of the agency9

are children described in subparagraph (D) or10

(E) (or a combination thereof) of subsection11

(a)(1), the Secretary shall calculate the weight-12

ed student units of such children for purposes13

of subsection (a)(2) by multiplying the number14

of such children by a factor of 0.55.15

‘‘(II) For a local educational agency that16

has an enrollment of 100 or fewer federally con-17

nected children described in subsection (a)(1),18

the Secretary shall calculate the total number19

of weighted student units for purposes of sub-20

section (a)(2) by multiplying the number of21

such children by a factor of 1.75.22

‘‘(III) For a local educational agency that23

has an enrollment of more than 100 but not24

more than 750 children described in subsection25

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•HR 3616 IH

(a)(1), the Secretary shall calculate the total1

number of weighted student units for purposes2

of subsection (a)(2) by multiplying the number3

of such children by a factor of 1.25.4

‘‘(E) MAXIMUM AMOUNT FOR LARGE5

HEAVILY IMPACTED LOCAL EDUCATIONAL6

AGENCIES.—(i)(I) Subject to clause (ii), the7

maximum amount that a heavily impacted local8

educational agency described in subclause (II)9

is eligible to receive under this paragraph for10

any fiscal year shall be determined in accord-11

ance with the formula described in paragraph12

(1)(C).13

‘‘(II) A heavily impacted local educational14

agency described in this subclause is a local15

educational agency that has a total student en-16

rollment of not less than 25,000 students, of17

which not less than 50 percent are federally18

connected children described in subsection19

(a)(1) and not less than 6,000 of such federally20

connected children are children described in21

subparagraphs (A) and (B) of subsection22

(a)(1).23

‘‘(ii) For purposes of calculating the max-24

imum amount described in clause (i), the factor25

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•HR 3616 IH

used in determining the weighted student units1

under subsection (a)(2) with respect to children2

described in subparagraphs (A) and (B) of sub-3

section (a)(1) shall be 1.35.4

‘‘(F) DATA.—For purposes of providing5

assistance under this paragraph, the Secretary6

shall use student, revenue, expenditure, and tax7

data from the third fiscal year preceding the8

fiscal year for which the local educational agen-9

cy is applying for assistance under this para-10

graph.’’.11

(b) PAYMENTS WITH RESPECT TO FISCAL YEARS IN12

WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—13

Paragraph (3) of section 8003(b) of the Elementary and14

Secondary Education Act of 1965 (20 U.S.C. 7703(b)),15

as redesignated, is amended—16

(1) in subparagraph (A), by striking ‘‘para-17

graph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’;18

(2) in subparagraph (B)—19

(A) in the heading, by inserting after20

‘‘PAYMENTS’’ the following: ‘‘IN LIEU OF PAY-21

MENTS UNDER PARAGRAPH (1)’’;22

(B) in the matter preceding subclause (I)23

of clause (i), by inserting after ‘‘‘threshold pay-24

26

•HR 3616 IH

ment’)’’ the following: ‘‘in lieu of basic support1

payments under paragraph (1)’’;2

(C) in clause (ii), by striking ‘‘paragraph3

(1)’’ and inserting ‘‘clause (i)’’; and4

(D) by adding at the end the following:5

‘‘(iv) In the case of a local educational6

agency that has a total student enrollment of7

fewer than 1,000 students and that has a per-8

pupil expenditure that is less than the average9

per-pupil expenditure of the State in which the10

agency is located, the total percentage used to11

calculate threshold payments under clause (i)12

shall not be less than 40 percent.’’;13

(3) by redesignating subparagraph (C) as sub-14

paragraph (D);15

(4) by inserting after subparagraph (B) the fol-16

lowing:17

‘‘(C) LEARNING OPPORTUNITY THRESH-18

OLD PAYMENTS IN LIEU OF PAYMENTS UNDER19

PARAGRAPH (2).—For fiscal years described in20

subparagraph (A), the learning opportunity21

threshold payment in lieu of basic support pay-22

ments under paragraph (2) shall be equal to the23

amount obtained under subparagraph (D) or24

(E) of paragraph (2), as the case may be.’’; and25

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•HR 3616 IH

(5) in subparagraph (D) (as redesignated), by1

striking ‘‘computation made under subparagraph2

(B)’’ and inserting ‘‘computations made under sub-3

paragraphs (B) and (C)’’.4

(c) CONFORMING AMENDMENTS.—(1) Section5

8002(b)(1)(C) of the Elementary and Secondary Edu-6

cation Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is amended7

by striking ‘‘section 8003(b)(1)(C)’’ and inserting ‘‘para-8

graph 1(C) of section 8003(b) or subparagraph (D) or (E)9

of paragraph (2) of such section, as the case may be’’.10

(2) Section 8003 of the Elementary and Secondary11

Education Act of 1965 (20 U.S.C. 7703) is amended—12

(A) in subsection (a)(1), by striking ‘‘subsection13

(b), (d), or (f)’’ and inserting ‘‘subsection (b) or14

(d)’’;15

(B) in subsection (b)—16

(i) in paragraph (1)(C), in the matter pre-17

ceding clause (i), by striking ‘‘this subsection’’18

and inserting ‘‘this paragraph’’; and19

(ii) in paragraph (4) (as redesignated)—20

(I) in subparagraph (A), by striking21

‘‘paragraphs (1)(B), (1)(C), and (2) of this22

subsection’’ and inserting ‘‘subparagraphs23

(B) and (C) of paragraph (1) or subpara-24

graphs (B) through (D) of paragraph (2),25

28

•HR 3616 IH

as the case may be, paragraph (3) of this1

subsection’’; and2

(II) in subparagraph (B)—3

(aa) by inserting after ‘‘para-4

graph (1)(C)’’ the following: ‘‘or sub-5

paragraph (D) or (E) of paragraph6

(2), as the case may be,’’; and7

(bb) by striking ‘‘paragraph8

(2)(B)’’ and inserting ‘‘subparagraph9

(B) or (C) of paragraph (3)’’;10

(C) in subsection (c)(1), by striking ‘‘paragraph11

(2) and subsection (f)’’ and inserting ‘‘subsection12

(b)(2) and paragraph (2)’’;13

(D) by striking subsection (f); and14

(E) in subsection (i), by striking ‘‘sections 800215

and 8003(b)’’ and inserting ‘‘section 8002 and sub-16

section (b) of this section’’.17

SEC. 6. BASIC SUPPORT PAYMENTS FOR LOCAL EDU-18

CATIONAL AGENCIES AFFECTED BY RE-19

MOVAL OF FEDERAL PROPERTY.20

Section 8003(b) of the Elementary and Secondary21

Education Act of 1965 (20 U.S.C. 7703(b)), as amended22

by this Act, is further amended by adding at the end the23

following:24

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•HR 3616 IH

‘‘(5) LOCAL EDUCATIONAL AGENCIES AF-1

FECTED BY REMOVAL OF FEDERAL PROPERTY.—2

‘‘(A) IN GENERAL.—In computing the3

amount of a basic support payment under this4

subsection for a fiscal year for a local edu-5

cational agency described in subparagraph (B),6

the Secretary shall meet the additional require-7

ments described in subparagraph (C).8

‘‘(B) LOCAL EDUCATIONAL AGENCY DE-9

SCRIBED.—A local educational agency described10

in this subparagraph is a local educational11

agency with respect to which Federal property12

(i) located within the boundaries of the agency,13

and (ii) on which 1 or more children reside who14

are receiving a free public education at a school15

of the agency, is transferred by the Federal16

Government to another entity in any fiscal year17

beginning on or after the date of the enactment18

of the Impact Aid Reauthorization Act of 200019

so that the property is subject to taxation by20

the State or a political subdivision of the State.21

‘‘(C) ADDITIONAL REQUIREMENTS.—The22

additional requirements described in this sub-23

paragraph are the following:24

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•HR 3616 IH

‘‘(i) For each fiscal year beginning1

after the date on which the Federal prop-2

erty is transferred, a child described in3

subparagraph (B) who continues to reside4

on such property and who continues to re-5

ceive a free public education at a school of6

the agency shall be deemed to be a child7

who resides on Federal property for pur-8

poses of computing under the applicable9

subparagraph of subsection (a)(1) the10

amount that the agency is eligible to re-11

ceive under this subsection.12

‘‘(ii)(I) For the third fiscal year be-13

ginning after the date on which the Fed-14

eral property is transferred, and for each15

fiscal year thereafter, the Secretary shall,16

after computing the amount that the agen-17

cy is otherwise eligible to receive under this18

subsection for the fiscal year involved, de-19

duct from such amount an amount equal20

to the revenue received by the agency for21

the immediately preceding fiscal year as a22

result of the taxable status of the former23

Federal property.24

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•HR 3616 IH

‘‘(II) For purposes of determining the1

amount of revenue to be deducted in ac-2

cordance with subclause (I), the local edu-3

cational agency—4

‘‘(aa) shall provide for a review5

and certification of such amount by6

an appropriate local tax authority;7

and8

‘‘(bb) shall submit to the Sec-9

retary a report containing the amount10

certified under item (aa).’’.11

SEC. 7. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL12

AGENCIES WITH HIGH CONCENTRATIONS OF13

CHILDREN WITH SEVERE DISABILITIES.14

(a) REPEAL.—Subsection (g) of section 8003 of the15

Elementary and Secondary Education Act of 1965 (2016

U.S.C. 7703(g)) is repealed.17

(b) CONFORMING AMENDMENTS.—(1) Section 800318

of the Elementary and Secondary Education Act of 196519

(20 U.S.C. 7703) is amended by redesignating subsections20

(h) and (i) as subsections (f) and (g), respectively.21

(2) Section 426 of the General Education Provisions22

Act (20 U.S.C. 1228) is amended by striking ‘‘subsections23

(d) and (g) of section 8003 of such Act’’ and inserting24

‘‘section 8003(d) of such Act’’.25

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•HR 3616 IH

SEC. 8. APPLICATION FOR PAYMENTS UNDER SECTIONS1

8002 AND 8003.2

Section 8005(d) of the Elementary and Secondary3

Education Act of 1965 (20 U.S.C. 7705(d)) is amended—4

(1) in paragraph (2), by inserting after ‘‘not5

more than 60 days after a deadline established6

under subsection (c)’’ the following: ‘‘, or not more7

than 60 days after the date on which the Secretary8

sends written notice to the local educational agency9

pursuant to paragraph (3)(A), as the case may be,’’;10

and11

(2) in paragraph (3) to read as follows:12

‘‘(3) LATE APPLICATIONS.—13

‘‘(A) NOTICE.—The Secretary shall, as14

soon as practicable after the deadline estab-15

lished under subsection (c), provide to each16

local educational agency that applied for a pay-17

ment under section 8002 or 8003 for the prior18

fiscal year, and with respect to which the Sec-19

retary has not received an application for a pay-20

ment under either such section (as the case21

may be) for the fiscal year in question, written22

notice of the failure to comply with the deadline23

and instruction to ensure that the application is24

filed not later than 60 days after the date on25

which the Secretary sends the notice.26

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•HR 3616 IH

‘‘(B) ACCEPTANCE AND APPROVAL OF1

LATE APPLICATIONS.—The Secretary shall not2

accept or approve any application of a local3

educational agency that is filed more than 604

days after the date on which the Secretary5

sends written notice to the local educational6

agency pursuant to subparagraph (A).’’.7

SEC. 9. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN-8

CREASES IN ATTENDANCE OF MILITARY DE-9

PENDENTS.10

Section 8006 of the Elementary and Secondary Edu-11

cation Act of 1965 (20 U.S.C. 7706) is repealed.12

SEC. 10. CONSTRUCTION.13

(a) IN GENERAL.—Section 8007 of the Elementary14

and Secondary Education Act of 1965 (20 U.S.C. 7707)15

is amended to read as follows:16

‘‘SEC. 8007. CONSTRUCTION.17

‘‘(a) CONSTRUCTION PAYMENTS AUTHORIZED.—18

‘‘(1) IN GENERAL.—From 70 percent of the19

amount appropriated for each fiscal year under sec-20

tion 8014(e), the Secretary shall make payments in21

accordance with this subsection to each local edu-22

cational agency that receives a basic support pay-23

ment under section 8003(b) for that fiscal year.24

34

•HR 3616 IH

‘‘(2) ADDITIONAL REQUIREMENTS.—A local1

educational agency that receives a basic support pay-2

ment under section 8003(b)(1) shall also meet at3

least 1 of the following requirements:4

‘‘(A) The number of children determined5

under section 8003(a)(1)(C) for the agency for6

the preceding school year constituted at least7

50 percent of the total student enrollment in8

the schools of the agency during the preceding9

school year.10

‘‘(B) The number of children determined11

under subparagraphs (B) and (D)(i) of section12

8003(a)(1) for the agency for the preceding13

school year constituted at least 50 percent of14

the total student enrollment in the schools of15

the agency during the preceding school year.16

‘‘(3) AMOUNT OF PAYMENTS.—17

‘‘(A) LOCAL EDUCATIONAL AGENCIES IM-18

PACTED BY MILITARY DEPENDENT CHIL-19

DREN.—The amount of a payment to each local20

educational agency described in this subsection21

that is impacted by military dependent children22

for a fiscal year shall be equal to—23

35

•HR 3616 IH

‘‘(i)(II) 35 percent of the amount ap-1

propriated under section 8014(e) for such2

fiscal year; divided by3

‘‘(II) the total number of weighted4

student units of children described in sub-5

paragraphs (B) and (D)(i) of section6

8003(a)(1) for all local educational agen-7

cies described in this subsection (as cal-8

culated under section 8003(a)(2)), includ-9

ing the number of weighted student units10

of such children attending a school facility11

described in section 8008(a) if the Sec-12

retary does not provide assistance for the13

school facility under that section for the14

prior fiscal year; multiplied by15

‘‘(ii) the total number of such weight-16

ed student units for the agency.17

‘‘(B) LOCAL EDUCATIONAL AGENCIES IM-18

PACTED BY CHILDREN WHO RESIDE ON INDIAN19

LANDS.—The amount of a payment to each20

local educational agency described in this sub-21

section that is impacted by children who reside22

on Indian lands for a fiscal year shall be equal23

to—24

36

•HR 3616 IH

‘‘(i)(I) 35 percent of the amount ap-1

propriated under section 8014(e) for such2

fiscal year; divided by3

‘‘(II) the total number of weighted4

student units of children described in sec-5

tion 8003(a)(1)(C) for all local educational6

agencies described in this subsection (as7

calculated under section 8003(a)(2)); mul-8

tiplied by9

‘‘(ii) the total number of such weight-10

ed student units for the agency.11

‘‘(4) USE OF FUNDS.—Any local educational12

agency that receives funds under this subsection13

shall use such funds for construction, as defined in14

section 8013(3).15

‘‘(b) SCHOOL FACILITY MODERNIZATION GRANTS16

AUTHORIZED.—17

‘‘(1) IN GENERAL.—From 30 percent of the18

amount appropriated for each fiscal year under sec-19

tion 8014(e), the Secretary shall award grants in ac-20

cordance with this subsection to eligible local edu-21

cational agencies to enable the local educational22

agencies to carry out modernization of school facili-23

ties.24

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•HR 3616 IH

‘‘(2) ELIGIBILITY REQUIREMENTS.—A local1

educational agency is eligible to receive funds under2

this subsection only if—3

‘‘(A) such agency (or in the case of a local4

educational agency that does not have the au-5

thority to tax or issue bonds, such agency’s fis-6

cal agent) has no capacity to issue bonds or is7

at such agency’s limit in bonded indebtedness8

for the purposes of generating funds for capital9

expenditures; and10

‘‘(B)(i) such agency received assistance11

under section 8002(a) for the fiscal year and12

has an assessed value of taxable property per13

student in the school district that is less than14

the average of the assessed value of taxable15

property per student in the State in which the16

local educational agency is located; or17

‘‘(ii) such agency received assistance under18

subsection (a) for the fiscal year and has a19

school facility emergency, as determined by the20

Secretary, that poses a health or safety hazard21

to the students and school personnel assigned22

to the school facility.23

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•HR 3616 IH

‘‘(3) AWARD CRITERIA.—In awarding grants1

under this subsection the Secretary shall consider 12

or more of the following factors:3

‘‘(A) The extent to which the local edu-4

cational agency lacks the fiscal capacity to un-5

dertake the modernization project without Fed-6

eral assistance.7

‘‘(B) The extent to which property in the8

local educational agency is nontaxable due to9

the presence of the Federal Government.10

‘‘(C) The extent to which the local edu-11

cational agency serves high numbers or percent-12

ages of children described in subparagraphs13

(A), (B), (C), and (D) of section 8003(a)(1).14

‘‘(D) The need for modernization to15

meet—16

‘‘(i) the threat that the condition of17

the school facility poses to the safety and18

well-being of students;19

‘‘(ii) overcrowding conditions as evi-20

denced by the use of trailers and portable21

buildings and the potential for future over-22

crowding because of increased enrollment;23

and24

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•HR 3616 IH

‘‘(iii) facility needs resulting from ac-1

tions of the Federal Government.2

‘‘(E) The age of the school facility to be3

modernized.4

‘‘(4) OTHER AWARD PROVISIONS.—5

‘‘(A) FEDERAL SHARE.—The Federal6

funds provided under this subsection to a local7

educational agency described in subparagraph8

(C) shall not exceed 50 percent of the total cost9

of the project to be assisted under this sub-10

section. A local educational agency may use in-11

kind contributions to meet the matching re-12

quirement of the preceding sentence.13

‘‘(B) MAXIMUM GRANT.—A local edu-14

cational agency described in subparagraph (C)15

may not receive a grant under this subsection16

in an amount that exceeds $3,000,000 during17

any 5-year period.18

‘‘(C) LOCAL EDUCATIONAL AGENCY DE-19

SCRIBED.—A local educational agency described20

in this subparagraph is a local educational21

agency that has the authority to issue bonds22

but is at such agency’s limit in bonded indebt-23

edness for the purposes of generating funds for24

capital expenditures.25

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•HR 3616 IH

‘‘(5) APPLICATIONS.—A local educational agen-1

cy that desires to receive a grant under this sub-2

section shall submit an application to the Secretary3

at such time, in such manner, and accompanied by4

such information as the Secretary may require. Each5

application shall contain—6

‘‘(A) documentation certifying such agen-7

cy’s lack of bonding capacity;8

‘‘(B) a listing of the school facilities to be9

modernized, including the number and percent-10

age of children determined under section11

8003(a)(1) in average daily attendance in each12

school facility;13

‘‘(C) a description of the ownership of the14

property on which the current school facility is15

located or on which the planned school facility16

will be located;17

‘‘(D) a description of any school facility18

deficiency that poses a health or safety hazard19

to the occupants of the school facility and a de-20

scription of how that deficiency will be repaired;21

‘‘(E) a description of the modernization to22

be supported with funds provided under this23

subsection;24

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•HR 3616 IH

‘‘(F) a cost estimate of the proposed mod-1

ernization; and2

‘‘(G) such other information and assur-3

ances as the Secretary may reasonably require.4

‘‘(6) EMERGENCY GRANTS.—5

‘‘(A) APPLICATIONS.—Each local edu-6

cational agency described in paragraph7

(2)(B)(ii) that desires a grant under this sub-8

section shall include in the application sub-9

mitted under paragraph (5) a signed statement10

from an appropriate local official certifying that11

a health or safety deficiency exists.12

‘‘(B) PRIORITY.—If the Secretary receives13

more than 1 application from local educational14

agencies described in paragraph (2)(B)(ii) for15

grants under this subsection for any fiscal year,16

the Secretary shall give priority to local edu-17

cational agencies based on the severity of the18

emergency, as determined by the Secretary, and19

when the application was received.20

‘‘(C) CONSIDERATION FOR FOLLOWING21

YEAR.—A local educational agency described in22

paragraph (2)(B)(ii) that applies for a grant23

under this subsection for any fiscal year and24

does not receive the grant shall have the appli-25

42

•HR 3616 IH

cation for the grant considered for the following1

fiscal year, subject to the priority described in2

subparagraph (B).’’.3

(b) DEFINITION.—Section 8013 of the Elementary4

and Secondary Education Act of 1965 (20 U.S.C. 7713)5

is amended by adding at the end the following:6

‘‘(13) MODERNIZATION.—The term ‘moderniza-7

tion’ means repair, renovation, alteration, or con-8

struction, including—9

‘‘(A) the concurrent installation of equip-10

ment; and11

‘‘(B) the complete or partial replacement12

of an existing school facility, but only if such13

replacement is less expensive and more cost-ef-14

fective than repair, renovation, or alteration of15

the school facility.’’.16

SEC. 11. FEDERAL ADMINISTRATION.17

Section 8010(c) of the Elementary and Secondary18

Education Act of 1965 (20 U.S.C. 7710(c)) is amended—19

(1) by striking paragraph (1);20

(2) by redesignating paragraphs (2) and (3) as21

paragraphs (1) and (2), respectively; and22

(3) in paragraph (2)(D) (as redesignated), by23

striking ‘‘section 5(d)(2) of the Act of September24

30, 1950 (Public Law 874, 81st Congress) (as such25

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•HR 3616 IH

section was in effect on the day preceding the date1

of enactment of the Improving America’s Schools2

Act of 1994) or’’.3

SEC. 12. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-4

VIEW.5

(a) ADMINISTRATIVE HEARINGS.—6

(1) IN GENERAL.—Section 8011(a) of the Ele-7

mentary and Secondary Education Act of 1965 (208

U.S.C. 7711) is amended by adding at the end be-9

fore the period the following: ‘‘if the local edu-10

cational agency or State, as the case may be, sub-11

mits to the Secretary a request for the hearing not12

later than 60 days after the date of the action of the13

Secretary under this title’’.14

(2) EFFECTIVE DATE.—The amendment made15

by paragraph (1) shall apply with respect to an ac-16

tion of the Secretary under title VIII of the Elemen-17

tary and Secondary Education Act of 1965 (2018

U.S.C. 7701 et seq.) initiated on or after the date19

of the enactment of this Act.20

(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—21

Section 8011(b)(1) of the Elementary and Secondary22

Education Act of 1965 (20 U.S.C. 7711(b)(1)) is amended23

by striking ‘‘60 days’’ and inserting ‘‘30 working days (as24

determined by the local educational agency or State)’’.25

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•HR 3616 IH

SEC. 13. DEFINITIONS.1

Section 8013(5)(A)(iii) of the Elementary and Sec-2

ondary Education Act of 1965 (20 U.S.C. 7713(5)(A)(iii))3

is amended—4

(1) in subclause (I), by striking ‘‘or’’ at the5

end; and6

(2) by adding at the end the following:7

‘‘(III) affordable housing assisted8

under the Native American Housing As-9

sistance and Self-Determination Act of10

1996; or’’.11

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.12

(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL13

PROPERTY.—Section 8014(a) of the Elementary and Sec-14

ondary Education Act of 1965 (20 U.S.C. 7714(a)) is15

amended by striking ‘‘$16,750,000 for fiscal year 199516

and such sums as may be necessary for each of the four17

succeeding fiscal years’’ and inserting ‘‘such sums as may18

be necessary for fiscal year 2000 and each of the four suc-19

ceeding fiscal years’’.20

(b) BASIC PAYMENTS.—Section 8014(b) of the Ele-21

mentary and Secondary Education Act of 1965 (20 U.S.C.22

7714(b)) is amended—23

(1) by striking ‘‘subsections (b) and (f) of sec-24

tion 8003’’ and inserting ‘‘section 8003(b)’’; and25

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•HR 3616 IH

(2) by striking ‘‘$775,000,000 for fiscal year1

1995’’ and all that follows preceding the period at2

the end and inserting ‘‘such sums as may be nec-3

essary for fiscal year 2000 and each of the four suc-4

ceeding fiscal years’’.5

(c) PAYMENTS FOR CHILDREN WITH DISABIL-6

ITIES.—Section 8014(c) of the Elementary and Secondary7

Education Act of 1965 (20 U.S.C. 7714(c)) is amended8

by striking ‘‘$45,000,000 for fiscal year 1995 and such9

sums as may be necessary for each of the four succeeding10

fiscal years’’ and inserting ‘‘such sums as may be nec-11

essary for fiscal year 2000 and each of the four succeeding12

fiscal years’’.13

(d) PAYMENTS FOR INCREASES IN MILITARY CHIL-14

DREN.—Subsection (d) of section 8014 of the Elementary15

and Secondary Education Act of 1965 (20 U.S.C. 7714)16

is repealed.17

(e) CONSTRUCTION.—Section 8014(e) of the Elemen-18

tary and Secondary Education Act of 1965 (20 U.S.C.19

7714(e)) is amended by striking ‘‘$25,000,000 for fiscal20

year 1995 and such sums as may be necessary for each21

of the four succeeding fiscal years’’ and inserting ‘‘such22

sums as may be necessary for fiscal year 2000 and each23

of the four succeeding fiscal years’’.24

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•HR 3616 IH

(f) FACILITIES MAINTENANCE.—Section 8014(f) of1

the Elementary and Secondary Education Act of 1965 (202

U.S.C. 7714(f)) is amended by striking ‘‘$2,000,000 for3

fiscal year 1995 and such sums as may be necessary for4

each of the four succeeding fiscal years’’ and inserting5

‘‘such sums as may be necessary for fiscal year 2000 and6

each of the four succeeding fiscal years’’.7

(g) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL8

EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-9

ERTY ACQUISITION.—Section 8014(g) of the Elementary10

and Secondary Education Act of 1965 (20 U.S.C.11

7714(g)) is amended—12

(1) in the heading, by striking ‘‘FEDERAL13

PROPERTY LOCAL EDUCATIONAL AGENCIES’’ and14

inserting ‘‘LOCAL EDUCATIONAL AGENCIES IM-15

PACTED BY FEDERAL PROPERTY ACQUISITION’’;16

and17

(2) by striking ‘‘beginning in fiscal year 199818

and for each succeeding fiscal year’’ and inserting19

‘‘for fiscal year 2000 and each of the four suc-20

ceeding fiscal years’’.21

Æ