§ 7702. Payments relating to Federal acquisition of real property

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Elementary and Secondary Education Act of 1965

   Pub. L. 89–10 title VII § 7002 · 79 Stat. 27

   Enacted · 20 U.S.C. § 7702

   Pub. L. 89–10, title VII, § 7002, formerly title VIII, § 8002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3749

   Source evidence

   Code source credit
   Pub. L. 89–10, title VII, § 7002, formerly title VIII, § 8002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3749

2. 1996

   Pub. L. 104–195 § 1 · 110 Stat. 2379

   Added · 20 U.S.C. § 7702(g); 20 U.S.C. § 7702(h)

   Pub. L. 104–195, § 1, added subsecs. (g) and (h)

   Source evidence

   Code amendment note
   Subsecs. (g), (h). Pub. L. 104–195, § 1, added subsecs. (g) and (h).

   Enacted provision · exact public law section
   SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end the following new subsections: “(g) Former Districts.— “(1) In general.— Where the school district of any local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect (at any time such agency files an application under section 8005) for any fiscal year after fiscal year 1994 to have (A) the eligibility of such local educational agency, and (B) the amount which such agency shall be eligible to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school districts as such agency shall designate in such election. “(2) Eligible local educational agencies.— A local educational agency referred to in paragraph (1) is any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for and was determined eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect for such fiscal year. “(h) Hold-Harmless Amounts.— “(1) In general.— Except as provided in paragraph (2)(A), the total amount that the Secretary shall pay under subsection (b) to a local educational agency that is otherwise eligible for a payment under this section— “(A) for fiscal year 1995 shall not be less than 85 percent of the amount such agency received for fiscal year 1994 under section 2 of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect on September 30, 1994; or “(B) for fiscal year 1996 shall not be less than 85 percent of the amount such agency received for fiscal year 1995 under subsection (b). “(2) Ratable reductions.— (A) (i) If necessary in order to make payments to local educational agencies in accordance with paragraph (1) for any fiscal year, the Secretary first shall ratably reduce payments under subsection (b) for such year to local educational agencies that do not receive a payment under this subsection for such year. “(ii) If additional funds become available for making payments under subsection (b) for such year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced. “(B) (i) 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 eligible to receive under paragraph (1) after the application of subparagraph (A) for such year, then the Secretary shall ratably reduce payments under paragraph (1) to all such agencies for such year. “(ii) If additional funds become available for making payments under paragraph (1) for such fiscal year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced.”.

3. 1996

   Pub. L. 104–195 § 6 · 110 Stat. 2379

   Added · 20 U.S.C. § 7702(i)

   Pub. L. 104–195, § 6, added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 104–195, § 6, added subsec. (i).

   Enacted provision · exact public law section
   SEC. 6. PAYMENTS RELATING TO FEDERAL PROPERTY. Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) (as amended by section 1) is further amended by adding at the end thereof the following new subsection: “(i) Priority Payments.— Notwithstanding subsection (b)(1)(B), and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996, the Secretary shall first use such excess amount to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) for any local educational agency that— “(1) received a payment under this section for fiscal year 1996; “(2) serves a school district that contains all or a portion of a United States military academy; “(3) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and “(4) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.”.

4. 1997

   Pub. L. 105–18 § 60004 · 111 Stat. 158

   Added · 20 U.S.C. § 7702(h)(1)(C)

   Pub. L. 105–18, § 60004, added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (h)(1)(C). Pub. L. 105–18, § 60004, added subpar. (C).

   Enacted provision · exact public law section
   SEC. 60004. HOLD HARMLESS PAYMENTS. Section 8002(h)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended— (1) in subparagraph (A), by striking “or” after the semicolon; (2) in subparagraph (B), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(C) for fiscal year 1997 and each succeeding fiscal year through fiscal year 2000 shall not be less than 85 percent of the amount such agency received for fiscal year 1996 under subsection (b).”.

5. 1997

   Pub. L. 105–18 § 60006 · 111 Stat. 158

   Amended · 20 U.S.C. § 7702(i)

   Pub. L. 105–18, § 60006, amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996, the Secretary shall first use such excess amount to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) of this section for any local educational agency that—

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 105–18, § 60006, amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996, the Secretary shall first use such excess amount to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) of this section for any local educational agency that—

   “(1) received a payment under this section for fiscal year 1996; “(2) serves a school district that contains all or a portion of a United States military academy; “(3) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and “(4) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.”

   Enacted provision · exact public law section
   SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY. Section 8002(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(i)) is amended to read as follows: “(i) Priority Payments.— “(1) In general.— Notwithstanding subsection (b)(1)(B), and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996— “(A) the Secretary shall first use the excess amount (not to exceed the amount equal to the difference of (i) the amount appropriated to carry out this section for fiscal year 1997, and (ii) the amount appropriated to carry out this section for fiscal year 1996) to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) for any local educational agency described in paragraph (2); and “(B) the Secretary shall use the remainder of the excess amount to increase the payments to each eligible local educational agency under this section. “(2) Local educational agency described.— A local educational agency described in this paragraph is a local educational agency that— “(A) received a payment under this section for fiscal year 1996; “(B) serves a school district that contains all or a portion of a United States military academy; “(C) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and “(D) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.”.

6. 1997

   Pub. L. 105–78 title III · 111 Stat. 1467

   Added · 20 U.S.C. § 7702(j)

   Pub. L. 105–78 added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 105–78 added subsec. (j).

   Enacted provision · exact public law
   TITLE III— DEPARTMENT OF EDUCATION education reform For carrying out activities authorized by titles III and IV of the Goals 2000: Educate America Act, the School-to-Work Opportunities Act, and sections 3132, 3136, and 3141 and parts B, C, and D of title III of the Elementary and Secondary Education Act of 1965, $1,275,035,000, of which $464,500,000 for the Goals 2000: Educate America Act and $200,000,000 for the School-to-Work Opportunities Act shall become available on July 1, 1998, and remain available through September 30, 1999: Provided, That none of the funds appropriated under this heading shall be obligated or expended to carry out section 304(a)(2)(A) of the Goals 2000: Educate America Act, except that no more than $1,500,000 may be used to carry out activities under section 314(a)(2) of that Act: Provided further, That section 315(a)(2) of the Goals 2000 Act shall not apply: Provided further, That up to one-half of 1 percent of the amount available under section 3132 shall be set aside for the outlying areas, to be distributed on the basis of their relative need as determined by the Secretary in accordance with the purposes of the program: Provided further, That if any State educational agency does not apply for a grant under section 3132, that State’s allotment under section 3131 shall be reserved by the Secretary for grants to local educational agencies in that State that apply directly to the Secretary according to the terms and conditions published by the Secretary in the Federal Register: Provided further, That of the funds made available under section 3136, $5,000,000 shall be provided to the Hospitals, Universities, Businesses, and Schools program to develop a regional information infrastructure in the mid-Atlantic region, $7,300,000 shall be for the “I Can Learn” project to integrate technology into eighth grade algebra classrooms and $800,000 shall be provided for a distance education network involving a consortium of nine school districts and Nicolet Area Technical College: Provided further, That of the amount available for title III, part B of the Elementary and Secondary Education Act of 1965, as amended, $8,000,000 shall be awarded to continue and expand the Iowa Communication Network statewide fiber optic demonstration project. education for the disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965, and section 418A of the Higher Education Act, $8,021,827,000, of which $6,553,249,000 shall become available on July 1, 1998, and shall remain available through September 30, 1999, and of which $1,448,386,000 shall become available on October 1, 1998 and shall remain available through September 30, 1999, for academic year 1998–1999: Provided, That $6,273,212,000 shall be available for basic grants under section 1124: Provided further, That up to $3,500,000 of these funds shall be available to the Secretary on October 1, 1997, to obtain updated local-educational-agency-level census poverty data from the Bureau of the Census: Provided further, That $1,102,020,000 shall be available for concentration grants under section 1124A, $6,977,000 shall be available for evaluations under section 1501 and not more than $7,500,000 shall be reserved for section 1308, of which not more than $3,000,000 shall be reserved for section 1308(d): Provided further, That grant awards under section 1124 and 1124A of title I of the Elementary and Secondary Education Act shall be made to each State or local educational agency at no less than 100 percent of the amount such State or local educational agency received under this authority for fiscal year 1997 under Public Laws 104–208 and 105–18: Provided further, That in determining State allocations under any other program administered by the Secretary, amounts provided under Public Law 105–18, or equivalent amounts provided for in this Act, will not be taken into account in determining State allocations: Provided further, That $120,000,000 shall be available under section 1002(g)(2) to demonstrate effective approaches to comprehensive school reform to be allocated and expended in accordance with the instructions relating to this proviso in the statement of the managers on the conference report accompanying this Act: Provided further, That in carrying out this initiative, the Secretary and the States shall support only approaches that show the most promise of enabling children served by title I to meet challenging State content standards and challenging State student performance standards based on reliable research and effective practices, and include an emphasis on basic academics and parental involvement: Provided further, That such funds shall not be available for section 1503. impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $808,000,000, of which $662,000,000 shall be for basic support payments under section 8003(b), $50,000,000 shall be for payments for children with disabilities under section 8003(d), $62,000,000, to remain available until expended, shall be for payments under section 8003(f), $7,000,000 shall be for construction under section 8007, and $24,000,000 shall be for Federal property payments under section 8002 of which such sums as may be necessary shall be for section 8002(j) and $3,000,000, to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That section 8003(f)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7709(f)(2)) is amended in clause (ii) in subclause (I) by striking “35 percent” and all that follows through the semicolon, and inserting the following: “25 percent of the total student enrollment of such agency. For purposes of this subclause, all students described in section 8003(a)(1) are used to determine eligibility, regardless of whether or not a local educational agency receives funds for these children from section 8003(b) of the Act;”. The amendment made by this proviso shall apply with respect to fiscal years beginning with fiscal year 1996: Provided, That the Secretary of Education shall treat as timely filed, and shall process for payment, an application for a fiscal year 1998 payment from the local educational agency for Boston, Massachusetts, under section 8003 of the Elementary and Secondary Education Act of 1965 if the Secretary has received that application not later than 30 days after the enactment of this Act: Provided further, That the Secretary of Education shall forgive any overpayments established for fiscal year 1994 under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874–81st Congress), for any local educational agency in the State of Texas receiving funds appropriated for fiscal year 1994 under the authority of this section: Provided further, That section 8002 of the Elementary and Education Act of 1965 (20 U.S.C. 7702) is amended by adding the following new subsection: “(j) Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition.— “(1) Reservation.—From amounts appropriated under section 8014(g) for a fiscal year, the Secretary snail provide additional assistance to meet special circumstances relating to the provision of education in local educational agencies eligible to receive assistance under this section. “(2) Eligibility.—(A) A local educational agency is eligible to receive additional assistance under this subsection only if such agency— “(i) received a payment under both this section and section 8003(b) for fiscal year 1996 and is eligible to receive payments under those sections for the year of application; “(ii) provided a free public education to children described under sections 8003(a)(1)(A), (B), or (D); “(iii) had a military installation located within the geographic boundaries of the local educational agency that was closed as a result of base closure or realignment; “(iv) remains responsible for the free public education of children residing in housing located on Federal property within the boundaries of the closed military installation but whose parents are on active duty in the uniformed services and assigned to a military activity located within the boundaries of an adjoining local educational agency; and “(v) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year. “(3) Maximum amount.—(A) The maximum amount that a local educational agency is eligible to receive under this subsection for any fiscal year, when combined with its payment under subsection (b), shall not be more than 50 percent of the maximum amount determined under subsection (b); “(B) If funds appropriated under section 8014(g) are insufficient to pay the amount determined under subparagraph (A), the Secretary shall ratably reduce the payment to each local education agency eligible under this subsection; “(C) If funds appropriated under section 8014(g) are in excess of the amount determined under subparagraph (A) the Secretary shall ratably distribute any excess funds to all local educational agencies eligible for payment under subsection (b) of this section.”: Provided further, That section 8014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is amended by adding the following new subsection: “(g) Additional Assistance for Certain Federal Property Local Educational Agencies.—For the purpose of carrying out section 8002(j) there are authorized to be appropriated such sums as are necessary beginning in fiscal year 1998 and for each succeeding fiscal year.”: Provided further, That of the funds available for section 8007, the Secretary shall, under such terms and conditions he determines appropriate, first provide $1,500,000 to applicant number 11–2815 and $1,500,000 to applicant number 36–4403 for the construction of public elementary or secondary schools where the current structures are unsafe and pose serious health threats to the students, if requests for funding and construction project descriptions are submitted to the Secretary within 30 days of enactment of this Act: Provided further, That notwithstanding any deadline established by the Secretary of Education under subsection (c) of section 8005 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705), and without regard to paragraphs (1)(A), (2), and (3) of subsection (d) of that section, the Secretary shall accept, as if timely received, an application from the Maconaquah School Corporation, Bunker Hill, Indiana, under section 8003 of that Act for fiscal year 1996 if the Secretary has received that application not later than 30 days' after the enactment of this Act: Provided further, That notwithstanding any other provision of law, the Secretary of Defense shall treat any data included in an application described in the preceding proviso, and that is approved by the Secretary of Education, as data to be used in determining the eligibility of the Maconaquah School Corporation, Bunker Hill, Indiana, for, and the amount of, a payment for any of the fiscal years 1998 through 2000 under section 386 of the National Defense Authorization Act for Fiscal Year 1993: Provided further, That section 8 of Public Law 104–195 is amended by striking the period after “year” and adding the following: “or, for fiscal year 1995 or fiscal year 1996, the amount of any payment under section 8003(f) of the Elementary and Secondary Education Act of 1965”: Provided further, That the Secretary of Education shall deem the local educational agency serving the Clinton County School District in Albany, Kentucky, to meet the eligibility requirements of section 8002(a)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(a)(1)(C)). school improvement programs For carrying out school improvement activities authorized by titles II, IV–A–1 and 2, V–A and B, VI, IX, X, and XIII of the Elementary and Secondary Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act; and the Civil Rights Act of 1964; $1,538,188,000, of which $1,246,300,000 shall become available on July 1, 1998, and remain available through September 30, 1999: Provided, That of the amount appropriated, $335,000,000 shall be for Eisenhower professional development State grants under title II–B of the Elementary and Secondary Education Act of 1965 of which $25,000,000 shall be for professional development in reading, $350,000,000 shall be for innovative education program strategies State grants under title VI–A of said Act and $750,000 shall be for an evaluation of comprehensive regional assistance centers under title XIII of said Act: Provided further, That of the amount made available for title IV–A–2, $350,000 shall be for the Yonkers Public Schools for innovative anti-drug and antiviolence activities. child literacy initiative (including transfer of funds) For carrying out a literacy initiative, $210,000,000, which shall become available on October 1, 1998 and shall remain available through September 30, 1999 only if specifically authorized by subsequent legislation enacted by July 1, 1998: Provided, That, if the initiative is not authorized by such date, the funds shall be transferred to “Special Education” to be merged with that account and to be available for the same purposes for which that account is available: Provided further, That the transferred funds shall become available for obligation on July 1, 1999, and shall remain available through September 30, 2000 for academic year 1999–2000. indian education For expenses necessary to carry out, to the extent not otherwise provided, title IX, part A of the Elementary and Secondary Education Act of 1965, as amended, and section 215 of the Department of Education Organization Act, $62,600,000. bilingual and immigrant education For carrying out, to the extent not otherwise provided, bilingual, foreign language and immigrant education activities authorized by parts A and C and section 7203 of title VII of the Elementary and Secondary Education Act of 1965, without regard to section 7103(b), $354,000,000: Provided, That State educational agencies may use all, or any part of, their part C allocation for competitive grants to local educational agencies: Provided further, That the Department of Education should only support instructional programs which ensure that students completely master English in a timely fashion (a period of three to five years) while meeting rigorous achievement standards in the academic content areas. special education For carrying out the Individuals with Disabilities Education Act, $4,810,646,000, of which $4,565,185,000 shall become available for obligation on July 1, 1998, and shall remain available through September 30, 1999: Provided, That $1,500,000 of the funds provided shall be for section 687(b)(2)(G), and shall remain available until expended. rehabilitation services and disability research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Technology-Related Assistance for Individuals with Disabilities Act, and the Helen Keller National Center Act, as amended, $2,591,195,000. Special Institutions for Persons With Disabilities american printing house for the blind For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $8,186,000. national technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $44,141,000: Provided, That from the amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207. gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $81,000,000: Provided, That from the amount available, the University may at its discretion use funds for the endowment program as authorized under section 207. vocational and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Vocational and Applied Technology Education Act, the Adult Education Act, and the National Literacy Act of 1991, $1,507,698,000, of which $1,504,598,000 shall become available on July 1, 1998 and shall remain available through September 30, 1999; and of which $5,491,000 from amounts available under the Adult Education Act shall be for the National Institute for Literacy under section 384(c): Provided, That, of the amounts made available for title II of the Carl D. Perkins Vocational and Applied Technology Education Act, $13,497,000 shall be used by the Secretary for national programs under title IV, without regard to section 451: Provided further, That the Secretary may reserve up to $4,998,000 under section 313(d) of the Adult Education Act for activities carried out under section 383 of that Act: Provided further, That no funds shall be awarded to a State Council under section 112(f) of the Carl D. Perkins Vocational and Applied Technology Education Act, and no State shall be required to operate such a Council. student financial assistance For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the Higher Education Act or 1965, as amended, $8,978,934,000, which shall remain available through September 30, 1999. The maximum Pell Grant for which a student shall be eligible during award year 1998–1999 shall be $3,000: Provided, That notwithstanding section 401(g) of the Act, if the Secretary determines, prior to publication of the payment schedule for such award year, that the amount included within this appropriation for Pell Grant awards in such award year, and any funds available from the fiscal year 1997 appropriation for Pell Grant awards, are insufficient to satisfy fully all such awards for which students are eligible, as calculated under section 401(b) of the Act, the amount paid for each such award shall be reduced by either a fixed or variable percentage, or by a fixed dollar amount, as determined in accordance with a schedule of reductions established by the Secretary for this purpose: Provided further, That if the Secretary determines that the funds available to fund Pell Grants for award year 1998–1999 exceed the amount needed to fund Pell Grants at a maximum award of $3,000 for that award year, the Secretary may increase the income protection allowances in sections 475(g)(2)(D), and 476(b)(1)(A)(iv)(I), (II), and (III) up to the amounts at which Pell Grant awards calculated using the increased income protection allowances equal the funds available to make Pell Grants in award year 1998–1999 with a $3,000 maximum award, except that the income protection allowance in section 475(g)(2)(D) may not exceed $2,200, the income protection allowance in sections 476(b)(1(A)(iv)(I) and (II) may not exceed $4,250, and the income protection allowance in section 476(b)(1)(A)(iv)(III) may not exceed $7,250. federal family education loan program account For Federal administrative expenses to carry out guaranteed student loans authorized by title IV, part B, of the Higher Education Act, as amended, $46,482,000. higher education For carrying out, to the extent not otherwise provided, parts A and B of title III, without regard to section 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, and part A, subpart 1 of part B, and part E of title X and title XI of the Higher Education Act of 1965, as amended, part G of title XV of Public Law 102–325, the Mutual Educational and Cultural Exchange Act of 1961, and Public Law 102–423; $946,738,000, of which $13,700,000 for interest subsidies under title VII of the Higher Education Act shall remain available until expended: Provided, That funds available for part D of title IX of the Higher Education Act shall be available to fund new and noncompeting continuation awards for academic year 1998–1999 for fellowships awarded under part C of title IX of said Act, under the terms and conditions of part C: Provided further, That from the funds made available under Part A of title X of the Higher Education Act, $1,000,000 shall be awarded to the Advanced Technical Center at Mexico, Missouri for the delivery of technical education in cooperation with community colleges and State technical schools and $3,000,000 shall be for the delivery of technical education and distance learning at Empire State College in New York. howard university For partial support of Howard University (20 U.S.C. 121 et seq.), $210,000,000: Provided, That from the amount available, the University may at its discretion use funds for the endowment program as authorized under the Howard University Endowment Act (Public Law 98–480). college housing and academic facilities loans program For Federal administrative expenses to carry out activities related to facility loans entered into under title VII, part C and section 702 of the Higher Education Act, as amended, $698,000. historically black college and university capital financing, program account The total amount of bonds insured pursuant to section 724 of title VII, part B of the Higher Education Act shall not exceed $357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero. For administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to title VII, part B of the Higher Education Act, as amended, $104,000. education research, statistics, and improvement For carrying out activities authorized by the Educational Research, Development, Dissemination, and Improvement Act of 1994, including part E; the National Education Statistics Act of 1994; section 2102 of title II, and parts A, B, I, and K and section 10601 of title X, and part C of title XIII of the Elementary and Secondary Education Act of 1965, as amended, and title VI of Public Law 103–227, $431,438,000: Provided, That of the amount provided for section 10101 of part A of title X of the Elementary and Secondary Education Act of 1965, $1,000,000 shall be awarded to the National Museum of Women in the Arts; $500,000 shall be for enhanced teacher training in reading in the District of Columbia; $5,000,000 shall be for innovative learning opportunities for at-risk children at children’s museums in Philadelphia, Baltimore, Boston and museums in Chicago; $8,000,000 shall be for a demonstration of public school facilities repair and construction to the Iowa Department of Education; $350,000 shall be awarded to the White Plains City School District to expand an after school program; $100,000 shall be for the Montgomery County, Pennsylvania library network; $55,000 shall be awarded to the St. Stephen Life Center in Louisville, Kentucky; and $25,000,000 shall be available to demonstrate effective approaches to comprehensive school reform to be allocated and expended in accordance with the instructions relating to this proviso in the statement of managers on the conference report accompanying this Act: Provided further, That the funds made available for comprehensive school reform shall become available on July 1, 1998, and remain available through September 30, 1999, and in carrying out this initiative, the Secretary and the States shall support only approaches that show the most promise of enabling children to meet challenging State content standards and challenging State student performance standards based on reliable research and effective practices, and include an emphasis on basic academics and parental involvement: Provided further, That (1) of the amount appropriated under this heading and notwithstanding any other provision of law, the Secretary of Education may award $1,000,000 to a State educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) to pay for appraisals, resource studies, and other expenses associated with the exchange of State school trust lands within the boundaries of a national monument for Federal lands outside the boundaries of the monument; and (2) the State educational agency is eligible to receive a grant under paragraph (1) only if the agency serves a State that— (A) has a national monument declared within the State under the authority of the Act entitled “An Act for the preservation of American antiquities”, approved June 8, 1906 (16 U.S.C. 431 et seq.) (commonly known as the Antiquities Act of 1906) that incorporates more than 100,000 acres of State school trust lands within the boundaries of the national monument; and (B) ranks in the lowest 25 percent of all States when comparing the average per pupil expenditure (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) in the State to the average per pupil expenditure for each State in the United States. institute of museum and library services For carrying out subtitle B of the Museum and Library Services Act, $146,340,000. Departmental Management program administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger motor vehicles, $341,064,000. office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $61,500,000. office of the inspector general For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $30,242,000. GENERAL PROVISIONS Sec. 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. Sec. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. Sec. 303. No funds appropriated under this Act may be used School prayer. to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) Sec. 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropriations Committees Notification. of both Houses of Congress are notified at least fifteen days in advance of any transfer. Sec. 305. (a) Notwithstanding any other provision of Federal law, no funds provided to the Department of Education or to an applicable program (as defined in section 400(c)(1) of the General Education Provisions Act (20 U.S.C. 1221(c)(1)), in this Act or in any other Act in fiscal year 1998, may be used to field test, pilot test, implement, administer or distribute in any way, any national tests. (b) Exception.— Subsection (a) shall not apply to the Third International Math and Science Study or the National Assessment of Educational Progress. Sec. 306. (a) Study.— The National Academy of Sciences, in consultation with the National Governors Association, the National Conference of State Legislatures, the White House, the National Assessment Governing Board, and the Congress, shall conduct a feasibility study to determine if an equivalency scale can be developed that would allow test scores from commercially available standardized tests and State assessments to be compared with each other and the National Assessment of Educational Progress. (b) Report of Findings to Congress.— (1) The National Academy of Sciences shall submit a written report to the White House, the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate not later than September 1, 1998. (2) The National Academy of Sciences shall submit an interim report no later than June 15, 1998. National Assessment Governing Board Sec. 307 (a). Notwithstanding any other provision of law, the exclusive authority over all policies, direction, and guidelines for developing voluntary national tests pursuant to contract RJ97153001 previously entered into between the Department of Education and the American Institutes for Research and executed on August 15, 1997, shall be vested in the National Assessment Governing Board established under section 412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011); Provided, That within 90 days after the date of enactment of this Act, the Board shall review the national test development contract in effect on the date of enactment of this Act, and modify the contract as the Board determines necessary and not inconsistent with this Act or applicable laws: Provided further, That if the contract cannot be modified to the extent determined necessary by the Board, the contract shall be terminated and the Board shall negotiate a new contract, under the Board’s exclusive control, for the tests, not inconsistent with this Act or applicable laws. (b) In carrying out its exclusive authority for developing voluntary national tests pursuant to contract RJ97153001, any subsequent contract related thereto, or any contract modification pursuant to subsection (a), the National Assessment Governing Board shall determine— (1) the extent to which test items selected for use on the tests are free from racial, cultural or gender bias; (2) whether the test development process and test items adequately assess student reading and mathematics comprehension in the form most likely to yield accurate information regarding student achievement in reading and mathematics; (3) whether the test development process and test items take into account the needs of disadvantaged, limited English proficient and disabled students; and (4) whether the test development process takes into account how parents, guardians, and students will appropriately be informed about testing content, purpose and uses. Sec. 308. Study.— The National Academy of Sciences shall, not later than September 1, 1998, submit a written report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, and the Committees on Appropriations of the House and Senate that evaluates all test items developed or funded by the Department of Education or any other agency of the Federal Government pursuant to contract RJ97153001, any subsequent contract related thereto, or any contract modification by the National Assessment Governing Board pursuant to section 307 of this Act, for— (1) the technical quality of any test items for 4th grade reading and 8th grade mathematics; (2) the validity, reliability, and adequacy of developed test items; (3) the validity of any developed design which links test results to student performance; (4) the degree to which any developed test items provide valid and useful information to the public; (5) whether the test items are free from racial, cultural, or gender bias; (6) whether the test items address the needs of disadvantaged, limited English proficient and disabled students; and (7) whether the test items can be used for tracking, graduation or promotion of students. Sec. 309. (a) Study.— The National Academy of Sciences shall conduct a study and make written recommendations on appropriate methods, practices, and safeguards to ensure that— (1) existing and new tests that are used to assess student performance are not used in a discriminatory manner or inappropriately for student promotion, tracking or graduation; and (2) existing and new tests adequately assess student reading and mathematics comprehension in the form most likely to yield accurate information regarding student achievement of reading and mathematics skills. (b) Report to Congress.— The National Academy of Sciences shall submit a written report to the White House, the National Assessment Governing Board, the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, and the Committees on Appropriations of the House and Senate not later than September 1, 1998. Sec. 310. (a) The Federal Government shall not require any State or local educational agency or school to administer or implement any pilot or field test in any subject or grade, nor shall the Federal Government require any student to take any national test in any subject or grade. (b) Nothing in section 309(a) shall be construed as affecting the National Assessment of Educational Progress or the Third International Math and Science Study. Sec. 311. No Federal, State or local educational agency may require any private or parochial school student, or home-schooled individual, to take any pilot or field test developed under this Act, contract RJ97153001, or any contract related thereto, without the written consent of the parents or legal guardians of the student or individual. Sec. 312. Notwithstanding any other provision of law, any institution of higher education which receives funds under title HI of the Higher Education Act, except for grants made under section 326, may use up to 20 percent of its award under part A or part B of the Act for endowment building purposes authorized under section 331. Any institution seeking to use part A or part B funds for endowment building purposes shall indicate such intention in its application to the Secretary and shall abide by departmental regulations governing the endowment challenge grant program. (transfer of funds) Sec. 313. Notwithstanding any other provision of the Higher Education Act, $280,000,000 of the balances of returned reserves, formerly held by the Higher Education Assistance Foundation, that are currently held in Higher Education Assistance Claims Reserves, Treasury account number 91X6192, shall be transferred to Miscellaneous Receipts of the Treasury, within 60 days of enactment of this Act. impact aid Sec. 314. (a) In General.— From funds made available to carry out section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) for fiscal year 1994 that remain after making 100 percent of the payments local educational agencies are eligible to receive under such section for such fiscal year, the Secretary of Education shall make payments to applicants for fiscal year 1996 pursuant to subsection (b). (b) Award Basis.— (1) In general.— Except as provided in paragraph (2), the Secretary of Education shall make a payment to each applicant in an amount that bears the same relation to the total amount of remaining funds described in subsection (a) as the number of children who were in average daily attendance in the schools served by the applicant for fiscal year 1996 bears to the total number of all such children in the schools served by all applicants for such year. (2) Special rule.— Any applicant that had less than 200 children in average daily attendance in the schools served by the applicant for fiscal year 1996 shall receive a payment under this section for fiscal year 1996 in an amount equal to not less than $175,000. (3) Data.— For purposes of computing payments under this section, the Secretary of Education shall use data that— (A) was included in each applicant’s application for assistance under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for fiscal year 1996; and (B) is verified by the Secretary. (c) Definition of Applicant.— For purposes of this section, the term “applicant” means an applicant for assistance under section 8003 of the Elementary and Secondary Education Act of 1965 for fiscal year 1996 having 1 of the following applicant numbers for such year: (1) 51–0904. (2) 51–4203. (3) 51–1903. (4) 51–0010. (5) 51–0811. (6) 51–2101. Sec. 315. Section 10304 of the Elementary and Secondary Education 20 USC 8064. Act of 1965 is amended by adding at the end the following: “(g) Tribally Controlled Schools.— Each State that receives a grant under this part and designates a tribally controlled school as a charter school shall not consider payments to a school under the Tribally Controlled Schools Act or 1988 (25 U.S.C. 2507) in determining— “(1) the eligibility of the school to receive any other Federal, State, or local aid; or “(2) the amount of such aid.” This title may be cited as the “Department of Education Appropriations Act, 1998”.

7. 1998

   Pub. L. 105–277 div. A § 101(f)(tIII) · 112 Stat. 2681

   1. Amended · 20 U.S.C. § 7702(f)

      Pub. L. 105–277 designated existing provisions as par. (1)

   2. Added · 20 U.S.C. § 7702(f)

      Pub. L. 105–277 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 105–277 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

8. 1998

   Pub. L. 105–277 div. A § 101(f)(tIII) · 112 Stat. 2681

   Added · 20 U.S.C. § 7702(k)

   Pub. L. 105–277 added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 105–277 added subsec. (k).

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

9. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(4)(tIII) · 113 Stat. 1501

   Added · 20 U.S.C. § 7702(f)(3)(5)

   Pub. L. 106–113 added pars. (3) to (5)

   Source evidence

   Code amendment note
   Subsec. (f)(3) to (5). Pub. L. 106–113 added pars. (3) to (5).

10. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 20 U.S.C. § 7702(a)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(a)], substituted “2003” for “1999” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(a)], substituted “2003” for “1999” in introductory provisions.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

11. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Amended · 20 U.S.C. § 7702(b)(1)(A)(i)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(1)], designated existing provisions as subcl. (I)

    2. Substituted · 20 U.S.C. § 7702(b)(1)(A)(i)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(1)], substituted “Subject to subclauses (II) and (III), the amount” for “The amount”

    3. Struck · 20 U.S.C. § 7702(b)(1)(A)(i)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(1)], struck out “, except that such amount shall be reduced by the Secretary by an amount equal to the amount of revenue, if any, that such agency received during the previous fiscal year from activities conducted on such Federal property” after “in accordance with paragraph (2)”

    4. Added · 20 U.S.C. § 7702(b)(1)(A)(i)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(1)], added subcls. (II) and (III)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A)(i). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(1)], designated existing provisions as subcl. (I), substituted “Subject to subclauses (II) and (III), the amount” for “The amount”, struck out “, except that such amount shall be reduced by the Secretary by an amount equal to the amount of revenue, if any, that such agency received during the previous fiscal year from activities conducted on such Federal property” after “in accordance with paragraph (2)”, and added subcls. (II) and (III).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

12. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 20 U.S.C. § 7702(b)(1)(B)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(2)], substituted “shall calculate the payment for each eligible local educational agency in accordance with subsection (h)” for “shall ratably reduce the payment to each eligible local educational agency”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(2)], substituted “shall calculate the payment for each eligible local educational agency in accordance with subsection (h)” for “shall ratably reduce the payment to each eligible local educational agency”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

13. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 20 U.S.C. § 7702(b)(1)(C)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(3)], inserted before period at end “, or the maximum amount that such agency is eligible to receive for such fiscal year under this section, whichever is greater”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(3)], inserted before period at end “, or the maximum amount that such agency is eligible to receive for such fiscal year under this section, whichever is greater”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

14. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Amended · 20 U.S.C. § 7702(h)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(c)], amended heading and text generally. Prior to amendment, subsec. (h) required the Secretary to pay under subsec. (b) of this section to eligible local education agencies certain minimum amounts for fiscal years 1995 to 2000

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(c)], amended heading and text generally. Prior to amendment, subsec. (h) required the Secretary to pay under subsec. (b) of this section to eligible local education agencies certain minimum amounts for fiscal years 1995 to 2000.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

15. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 20 U.S.C. § 7702(i)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(d)(2)], substituted “Special” for “Priority” in heading

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(d)(2)], substituted “Special” for “Priority” in heading.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

16. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Amended · 20 U.S.C. § 7702(i)(1)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(d)(1)], amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996—

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(d)(1)], amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996—

    “(A) the Secretary shall first use the excess amount (not to exceed the amount equal to the difference of (i) the amount appropriated to carry out this section for fiscal year 1997, and (ii) the amount appropriated to carry out this section for fiscal year 1996) to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) of this section for any local educational agency described in paragraph (2); and “(B) the Secretary shall use the remainder of the excess amount to increase the payments to each eligible local educational agency under this section.”

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

17. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Struck · 20 U.S.C. § 7702(j)(2)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(e)], struck out “(A)” before “A local educational agency”

    2. Redesignated · 20 U.S.C. § 7702(j)(2)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(e)], redesignated cls. (i) to (v) as subpars. (A) to (E), respectively

    3. Inserted · 20 U.S.C. § 7702(j)(2)

       Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(e)], inserted “and, at the time at which the agency is applying for a payment under this subsection, the agency does not have a military installation located within its geographic boundaries” before the semicolon at the end of subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (j)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(e)], struck out “(A)” before “A local educational agency”, redesignated cls. (i) to (v) as subpars. (A) to (E), respectively, and inserted “and, at the time at which the agency is applying for a payment under this subsection, the agency does not have a military installation located within its geographic boundaries” before the semicolon at the end of subpar. (C).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

18. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Added · 20 U.S.C. § 7702(l)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(f)], added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(f)], added subsec. (l).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

19. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Added · 20 U.S.C. § 7702(m)

    Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(g)], added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(g)], added subsec. (m).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

20. 2002

    Pub. L. 107–110 § 801(a)(1) · 115 Stat. 1425

    Substituted · 20 U.S.C. § 7702(h)(1)(A)

    Pub. L. 107–110, § 801(a)(1), substituted “and that filed, or has been determined pursuant to statute to have filed a timely application, and met, or has been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950” for “and was eligible to receive a payment under section 2 of the Act of September 30, 1950”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(A). Pub. L. 107–110, § 801(a)(1), substituted “and that filed, or has been determined pursuant to statute to have filed a timely application, and met, or has been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950” for “and was eligible to receive a payment under section 2 of the Act of September 30, 1950”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “and was eligible to receive a payment under section 2 of the Act of September 30, 1950” and inserting “and that filed, or has been determined pursuant to statute to have filed a timely application, and met, or has been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950”; and

21. 2002

    Pub. L. 107–110 § 801(a)(2) · 115 Stat. 1425

    Substituted · 20 U.S.C. § 7702(h)(1)(B)

    Pub. L. 107–110, § 801(a)(2), substituted “(or if the local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal year 1994” for “(or if the local educational agency was not eligible to receive a payment under such section 2 for fiscal year 1994”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(B). Pub. L. 107–110, § 801(a)(2), substituted “(or if the local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal year 1994” for “(or if the local educational agency was not eligible to receive a payment under such section 2 for fiscal year 1994”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “(or if the local educational agency was not eligible to receive a payment under such section 2 for fiscal year 1994” and inserting “(or if the local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal year 1994”.

22. 2002

    Pub. L. 107–110 § 801(b)(1) · 115 Stat. 1425

    Inserted · 20 U.S.C. § 7702(h)(2)(A)

    Pub. L. 107–110, § 801(b)(1), inserted before period at end “, or whose application under this section for fiscal year 1995 was determined pursuant to statute to be timely filed for purposes of payments for subsequent fiscal years”

    Source evidence

    Code amendment note
    Subsec. (h)(2)(A). Pub. L. 107–110, § 801(b)(1), inserted before period at end “, or whose application under this section for fiscal year 1995 was determined pursuant to statute to be timely filed for purposes of payments for subsequent fiscal years”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by adding at the end before the period “, or whose application under this section for fiscal year 1995 was determined pursuant to statute to be timely filed for purposes of payments for subsequent fiscal years”; and

23. 2002

    Pub. L. 107–110 § 801(b)(2) · 115 Stat. 1425

    Substituted · 20 U.S.C. § 7702(h)(2)(B)(ii)

    Pub. L. 107–110, § 801(b)(2), substituted “for each local educational agency described in subparagraph (A)” for “for each local educational agency that received a payment under this section for fiscal year 1995”

    Source evidence

    Code amendment note
    Subsec. (h)(2)(B)(ii). Pub. L. 107–110, § 801(b)(2), substituted “for each local educational agency described in subparagraph (A)” for “for each local educational agency that received a payment under this section for fiscal year 1995”.

    Enacted provision · exact public law section
    (2) in subparagraph (B)(ii), by striking “for each local educational agency that received a payment under this section for fiscal year 1995” and inserting “for each local educational agency described in subparagraph (A)”.

24. 2002

    Pub. L. 107–110 § 801(c) · 115 Stat. 1425

    1. Substituted · 20 U.S.C. § 7702(h)(4)(B)

       Pub. L. 107–110, § 801(c), substituted “(by dividing the maximum amount that the agency is eligible to receive under subsection (b) of this section by the total of the maximum amounts for all such agencies)” for “(in the same manner as percentage shares are determined for local educational agencies under paragraph (2)(B)(ii))”

    2. Substituted · 20 U.S.C. § 7702(h)(4)(B)

       Pub. L. 107–110, § 801(c), substituted “, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b) of this section” for “, except that for the purpose of calculating a local educational agency’s assessed value of the Federal property”

    Source evidence

    Code amendment note
    Subsec. (h)(4)(B). Pub. L. 107–110, § 801(c), substituted “(by dividing the maximum amount that the agency is eligible to receive under subsection (b) of this section by the total of the maximum amounts for all such agencies)” for “(in the same manner as percentage shares are determined for local educational agencies under paragraph (2)(B)(ii))” and “, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b) of this section” for “, except that for the purpose of calculating a local educational agency’s assessed value of the Federal property”.

    Enacted provision · exact public law section
    (c) Remaining Funds.— Section 8002(h)(4)(B) (20 U.S.C. 7702(h)(4)(B)) is amended— (1) by striking “(in the same manner as percentage shares are determined for local educational agencies under paragraph (2)(B)(ii))” and inserting “(by dividing the maximum amount that the agency is eligible to receive under subsection (b) by the total of the maximum amounts for all such agencies)”; and (2) by striking “, except that for the purpose of calculating a local educational agency’s assessed value of the Federal property” and inserting “, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b)”.

25. 2002

    Pub. L. 107–110 § 801(d) · 115 Stat. 1425

    Struck · 20 U.S.C. § 7702(j)

    Pub. L. 107–110, § 801(d), struck out subsec. (j) which authorized additional assistance for certain local educational agencies impacted by Federal property acquisition

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 107–110, § 801(d), struck out subsec. (j) which authorized additional assistance for certain local educational agencies impacted by Federal property acquisition.

    Enacted provision · exact public law section
    (d) Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition.— Section 8002 (20 U.S.C. 7702) is amended by striking subsection (j).

26. 2002

    Pub. L. 107–110 § 801(e) · 115 Stat. 1425

    Added · 20 U.S.C. § 7702(n)

    Pub. L. 107–110, § 801(e), added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 107–110, § 801(e), added subsec. (n).

    Enacted provision · exact public law section
    (e) Minimum Payment With Respect to Loss of Eligibility of Certain Local Educational Agencies.— Section 8002 (20 U.S.C. 7702) is amended by adding at the end the following: “(n) 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 described 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 described.— A local educational agency described in this paragraph is an agency that— “(A) was eligible for, and received, a payment 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 of the Federal property involved to a non-Federal entity.”.

27. 2004

    Judiciary Appropriations Act, 2005

    Pub. L. 108–447 div. F title III § 305 · 118 Stat. 2809

    Substituted · 20 U.S.C. § 7702(m)

    Pub. L. 108–447 substituted “7 years” for “5 years” in pars. (1), (2)(B), and (3)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 108–447 substituted “7 years” for “5 years” in pars. (1), (2)(B), and (3).

    Enacted provision · exact public law section
    Sec. 305. Within 90 days of enactment of this Act, the Administrative Office of the U.S. Courts shall submit to the Committees on Appropriations a comprehensive financial plan for the Judiciary allocating all sources of available funds including appropriations, fee collections, and carryover balances, to include a separate and detailed plan for the Judiciary Information Technology fund.

28. 2013

    Impact Aid Improvement Act of 2012

    Pub. L. 112–239 § 563(c)(4) · 126 Stat. 1632

    Repealed · 20 U.S.C. § 7702

    Pub. L. 112–239, § 563(c)(4), which directed repeal of the amendments by Pub. L. 112–239, § 563(b)(1), on the day after the 5-year period that began on Jan. 3, 2013, was itself repealed by Pub. L. 114–95, § 7001(a)(1)

    Source evidence

    Code amendment note
    Pub. L. 112–239, § 563(c)(4), which directed repeal of the amendments by Pub. L. 112–239, § 563(b)(1), on the day after the 5-year period that began on Jan. 3, 2013, was itself repealed by Pub. L. 114–95, § 7001(a)(1).

    Enacted provision · exact public law section
    (4) Repeal.— The amendments made by subsection (b) shall be repealed on the day after the 2-year period described in paragraph (1) and title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be applied as if such subsection and the amendments made by such subsection had never been enacted.

29. 2013

    Impact Aid Improvement Act of 2012

    Pub. L. 112–239 § 563(b)(1)(A) · 126 Stat. 1632

    Struck and inserted · 20 U.S.C. § 7702(a)

    Pub. L. 112–239, § 563(b)(1)(A), struck out “for a fiscal year ending prior to October 1, 2003” at end of introductory provisions and inserted “or (h)” after “subsection (b)” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–239, § 563(b)(1)(A), struck out “for a fiscal year ending prior to October 1, 2003” at end of introductory provisions and inserted “or (h)” after “subsection (b)” in concluding provisions.

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by striking “for a fiscal year ending prior to October 1, 2003”; and (ii) by inserting “or (h)” after “subsection (b)”;

30. 2013

    Impact Aid Improvement Act of 2012

    Pub. L. 112–239 § 563(b)(1)(B)(i) · 126 Stat. 1632

    Substituted · 20 U.S.C. § 7702(b)(2)

    Pub. L. 112–239, § 563(b)(1)(B)(i), substituted “estimated taxable” for “aggregate assessed”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–239, § 563(b)(1)(B)(i), substituted “estimated taxable” for “aggregate assessed”.

    Enacted provision · exact public law section
    (i) in paragraph (2), by striking “aggregate assessed” and inserting “estimated taxable”; and

31. 2013

    Impact Aid Improvement Act of 2012

    Pub. L. 112–239 § 563(b)(1)(B)(ii) · 126 Stat. 1632

    1. Added · 20 U.S.C. § 7702(b)(3)

       Pub. L. 112–239, § 563(b)(1)(B)(ii), added par. (3)

    2. Struck · 20 U.S.C. § 7702(b)(3)

       Pub. L. 112–239, § 563(b)(1)(B)(ii), struck out former par. (3). Prior to amendment, text read as follows: “Such aggregate assessed value of such acquired Federal property shall be determined on the basis of the highest and best use of property adjacent to such acquired Federal property as of the time such value is determined, and provided to the Secretary, by the local official responsible for assessing the value of real property located in the jurisdiction of such local educational agency for the purpose of levying a property tax.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 112–239, § 563(b)(1)(B)(ii), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “Such aggregate assessed value of such acquired Federal property shall be determined on the basis of the highest and best use of property adjacent to such acquired Federal property as of the time such value is determined, and provided to the Secretary, by the local official responsible for assessing the value of real property located in the jurisdiction of such local educational agency for the purpose of levying a property tax.”

    Enacted provision · exact public law section
    (ii) by striking paragraph (3) and inserting the following: “(3) Determination of taxable value for eligible federal property.— “(A) In general.— In determining the estimated taxable value of such acquired Federal property for fiscal year 2010 and each succeeding fiscal year, the Secretary shall— “(i) first determine the total taxable value for the purpose of levying property tax for school purposes for current expenditures of real property located within the boundaries of such local educational agency; “(ii) then determine the per acre value of the eligible Federal property by dividing the total taxable value as determined in clause (i) by the difference between the total acres located within the boundaries of the local educational agency and the number of Federal acres eligible under this section; and “(iii) then determine the total taxable value of the eligible Federal property by multiplying the per acre value as calculated under clause (ii) by the number of Federal acres eligible under this section. “(B) Special rule.— In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, such a local educational agency may ask the Secretary to calculate the per acre value of each such local educational agency as provided under subparagraph (A) and apply the average of these per acre values to the acres of the Federal property in such agency.” ; and

32. 2013

    Impact Aid Improvement Act of 2012

    Pub. L. 112–239 § 563(b)(1)(C)(i) · 126 Stat. 1632

    1. Substituted · 20 U.S.C. § 7702(h)(1)

       Pub. L. 112–239, § 563(b)(1)(C)(i), substituted “for pre-2010 recipients” for “for pre-1995 recipients” in heading

    2. Added · 20 U.S.C. § 7702(h)(1)

       Pub. L. 112–239, § 563(b)(1)(C)(i), added pars. (A) and (B)

    3. Struck · 20 U.S.C. § 7702(h)(1)

       Pub. L. 112–239, § 563(b)(1)(C)(i), struck out former pars. (A) and (B) which related to foundation payments for pre-1995 recipients

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 112–239, § 563(b)(1)(C)(i), substituted “for pre-2010 recipients” for “for pre-1995 recipients” in heading, added pars. (A) and (B), and struck out former pars. (A) and (B) which related to foundation payments for pre-1995 recipients.

    Enacted provision · exact public law section
    (i) in paragraph (1)— (I) in the paragraph heading, by striking “for pre-1995 recipients ” and inserting “for pre-2010 recipients”; and (II) by striking subparagraphs (A) and (B) and inserting the following: “(A) In general.— The Secretary shall first make a foundation payment to each local educational agency that is determined by the Secretary to be eligible to receive a payment under this section for the fiscal year involved and that filed a timely application, and met, or has been determined by statute to meet, the eligibility requirements of subsection (a) for fiscal year 2009. “(B) Amount.— “(i) In general.— The amount of a payment under subparagraph (A) for a local educational agency shall be equal to the greater of 90 percent of the payment the local educational agency received from dollars appropriated for fiscal year 2009 or 90 percent of the average payment that the local educational agency received from dollars appropriated for fiscal years 2006, 2007, 2008, and 2009, and shall be calculated without regard to the maximum payment provisions in subsection (b)(1)(C). “(ii) Exception.— In calculating such average payment for a local educational agency that did not receive a payment under subsection (b) for 1 or more of the fiscal years between fiscal year 2006 and 2009, inclusive, the lowest such payment made to the agency for fiscal year 2006, 2007, 2008, or 2009, shall be treated as the payment that the agency received under subsection (b) for each fiscal year for which the agency did not receive such a payment.” ; and

33. 2013

    Impact Aid Improvement Act of 2012

    Pub. L. 112–239 § 563(b)(1)(C)(ii) · 126 Stat. 1632

    1. Added · 20 U.S.C. § 7702(h)(2)(4)

       Pub. L. 112–239, § 563(b)(1)(C)(ii), added pars. (2) to (4)

    2. Struck · 20 U.S.C. § 7702(h)(2)(4)

       Pub. L. 112–239, § 563(b)(1)(C)(ii), struck out former pars. (2) to (4) which related to payments for 1995 recipients, payments in accordance with subsection (i), and funds remaining after making payments, respectively

    Source evidence

    Code amendment note
    Subsec. (h)(2) to (4). Pub. L. 112–239, § 563(b)(1)(C)(ii), added pars. (2) to (4) and struck out former pars. (2) to (4) which related to payments for 1995 recipients, payments in accordance with subsection (i), and funds remaining after making payments, respectively.

    Enacted provision · exact public law section
    (ii) by striking paragraphs (2) through (4) and inserting the following: “(2) Foundation payments for new applicants.— “(A) First year.— From any amounts remaining after making payments under paragraph (1) and subsection (i)(1) for the fiscal year involved, the Secretary shall make a payment, in an amount determined in accordance with subparagraph (C), to each local educational agency that the Secretary determines eligible for a payment under this section for a fiscal year after fiscal year 2009 and that did not receive a payment under paragraph (1) for the fiscal year for which such agency was determined eligible for such payment. “(B) Second and succeeding years.— For any succeeding fiscal year after the first fiscal year that a local educational agency receives a foundation payment under subparagraph (A), the amount of the local educational agency’s foundation payment under this paragraph for such succeeding fiscal year shall be equal to the local educational agency’s foundation payment under this paragraph for the first fiscal year. “(C) Amounts.— The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows: “(i) Calculate the local educational agency’s maximum payment under subsection (b). “(ii) Calculate the percentage that the amount appropriated under section 8014(a) for the most recent fiscal year for which the Secretary has completed making payments under this section is of the total maximum payments for such fiscal year for all local educational agencies eligible for a payment under subsection (b) and multiply the agency’s maximum payment by such percentage. “(iii) Multiply the amount determined under clause (ii) by 90 percent. “(D) Insufficient funds.— If the amount appropriated under section 8014(a) of this title is insufficient to pay the full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. “(3) Remaining funds.— From any funds remaining after making payments under paragraphs (1) and (2) for the fiscal year involved, the Secretary shall make a payment to each local educational agency that received a foundation payment under paragraph (1) or (2) or subsection (i)(1), for the fiscal year involved in an amount that bears the same relation to the remainder as a percentage share determined for the local educational agency (by dividing the maximum amount that the agency is eligible to receive under subsection (b) by the total of the maximum amounts for all such agencies) bears to the percentage share determined (in the same manner) for all local educational agencies eligible to receive a payment under this section for the fiscal year involved, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b), data from the most current fiscal year shall be used. “(4) Data.— For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted, the Secretary shall not make a payment under paragraph (3) to a local educational agency that fails to submit, within 60 days of the date the Secretary notifies the agency that the information is needed, the data necessary to calculate the maximum amount of a payment under subsection (b) for that local educational agency.” ;

34. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7001(a)(1) · 129 Stat. 1802

    Repealed · 20 U.S.C. § 7702

    Pub. L. 114–95, § 7001(a)(1), repealed Pub. L. 112–239, § 563(c)(4). See 2013 Amendment notes below

    Source evidence

    Code amendment note
    Pub. L. 114–95, § 7001(a)(1), repealed Pub. L. 112–239, § 563(c)(4). See 2013 Amendment notes below.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1) and (4); and

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

35. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(1) · 129 Stat. 1802

    1. Inserted · 20 U.S.C. § 7702(a)(1)(C)

       Pub. L. 114–95, § 7003(1), inserted introductory provisions

    2. Struck · 20 U.S.C. § 7702(a)(1)(C)

       Pub. L. 114–95, § 7003(1), struck out former introductory provisions which read as follows: “had an assessed value (determined as of the time or times when so acquired) aggregating 10 percent or more of the assessed value of—”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 114–95, § 7003(1), inserted introductory provisions and struck out former introductory provisions which read as follows: “had an assessed value (determined as of the time or times when so acquired) aggregating 10 percent or more of the assessed value of—”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)(C), by striking the matter preceding clause (i) and inserting the following: “(C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of—” ;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

36. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7001(d)(9) · 129 Stat. 1802

    Changed · 20 U.S.C. § 7702(b)(1)(B)

    Pub. L. 114–95, § 7001(d)(9), made technical amendment to reference in original act which appears in text as reference to section 7714(a) of this title

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 114–95, § 7001(d)(9), made technical amendment to reference in original act which appears in text as reference to section 7714(a) of this title.

    Enacted provision · exact public law section
    (9) 20 USC 7702. by striking “section 8014(a)” each place it appears and inserting “section 7014(a)”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

37. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(2)(A) · 129 Stat. 1802

    Changed · 20 U.S.C. § 7702(b)(1)(C)

    Pub. L. 114–95, § 7003(2)(A), made technical amendment to reference in original act which appears in text as reference to section 7703(b)(1)(C) of this title

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 114–95, § 7003(2)(A), made technical amendment to reference in original act which appears in text as reference to section 7703(b)(1)(C) of this title.

    Enacted provision · exact public law section
    (A) in paragraph (1)(C) by striking “section 8003(b)(1)(C)” and inserting “section 7003(b)(1)(C)”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

38. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7001(d)(6) · 129 Stat. 1802

    Changed · 20 U.S.C. § 7702(b)(1)(C)

    Pub. L. 114–95, § 7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–95, § 7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title.

    Enacted provision · exact public law section
    (6) 20 USC 7702, 7707, 7710, 7714. by striking “section 8003(b)” each place it appears and inserting “section 7003(b)”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

39. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(2)(B) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 7702(b)(3)(B)

       Pub. L. 114–95, § 7003(2)(B), added subpar. (B)

    2. Struck · 20 U.S.C. § 7702(b)(3)(B)

       Pub. L. 114–95, § 7003(2)(B), struck out former subpar. (B). Prior to amendment, text read as follows: “In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, such a local educational agency may ask the Secretary to calculate the per acre value of each such local educational agency as provided under subparagraph (A) and apply the average of these per acre values to the acres of the Federal property in such agency.”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 114–95, § 7003(2)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, such a local educational agency may ask the Secretary to calculate the per acre value of each such local educational agency as provided under subparagraph (A) and apply the average of these per acre values to the acres of the Federal property in such agency.”

    Enacted provision · exact public law section
    (B) in paragraph (3), by striking subparagraph (B) and inserting the following: “(B) Special rule.— In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by— “(i) first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shared the Federal property, as provided in subparagraph (A)(ii); “(ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and “(iii) then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency.” ;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

40. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(3) · 129 Stat. 1802

    Inserted · 20 U.S.C. § 7702(e)(2)

    Pub. L. 114–95, § 7003(3), inserted at end “For each fiscal year beginning on or after December 10, 2015, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1).”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 114–95, § 7003(3), inserted at end “For each fiscal year beginning on or after December 10, 2015, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1).”

    Enacted provision · exact public law section
    (3) in subsection (e)(2), by adding at the end the following: “For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1).”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

41. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(4) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 7702(f)

       Pub. L. 114–95, § 7003(4), added subsec. (f)

    2. Struck · 20 U.S.C. § 7702(f)

       Pub. L. 114–95, § 7003(4), struck out former subsec. (f) which related to special rules for certain local educational agencies

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–95, § 7003(4), added subsec. (f) and struck out former subsec. (f) which related to special rules for certain local educational agencies.

    Enacted provision · exact public law section
    (4) by striking subsection (f) and inserting the following: “(f) Special Rule.— For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of section 8002(f) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.” ;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

42. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(5) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 7702(g)

       Pub. L. 114–95, § 7003(5), added subsec. (g)

    2. Struck · 20 U.S.C. § 7702(g)

       Pub. L. 114–95, § 7003(5), struck out former subsec. (g) which allowed a local educational agency formed by the consolidation of 2 or more former school districts to elect to have its eligibility, and the amount which the agency was eligible to receive, determined only with respect to such of the former school districts as the agency designated

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–95, § 7003(5), added subsec. (g) and struck out former subsec. (g) which allowed a local educational agency formed by the consolidation of 2 or more former school districts to elect to have its eligibility, and the amount which the agency was eligible to receive, determined only with respect to such of the former school districts as the agency designated.

    Enacted provision · exact public law section
    (5) by striking subsection (g) and inserting the following: “(g) Former Districts.— “(1) Consolidations.— For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility for assistance under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. “(2) Eligible local educational agencies.— A local educational agency referred to in paragraph (1) is— “(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or “(B) a local educational agency— “(i) that was formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation; and “(ii) which includes the designation referred to in paragraph (1) in its application under section 7005 for a fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act or any timely amendment to such application. “(3) Amount.— A local educational agency eligible under paragraph (1) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), except that the foundation payment shall be calculated based on the most recent payment received by the local educational agency based on its status prior to consolidation.” ;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

43. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7001(d)(9) · 129 Stat. 1802

    Changed · 20 U.S.C. § 7702(h)

    Pub. L. 114–95, § 7001(d)(9), made technical amendment to references in original act which appear in text as references to section 7714(a) of this title wherever appearing

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 114–95, § 7001(d)(9), made technical amendment to references in original act which appear in text as references to section 7714(a) of this title wherever appearing.

    Enacted provision · exact public law section
    (9) 20 USC 7702. by striking “section 8014(a)” each place it appears and inserting “section 7014(a)”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

44. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(6) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 7702(h)(4)

    Pub. L. 114–95, § 7003(6), substituted “For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year” for “For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted”

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 114–95, § 7003(6), substituted “For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year” for “For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted”.

    Enacted provision · exact public law section
    (6) in subsection (h)(4), by striking “For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted” and inserting “For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

45. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(8) · 129 Stat. 1802

    1. Redesignated · 20 U.S.C. § 7702(j)

       Pub. L. 114–95, § 7003(8), (9), redesignated subsec. (l) as (j)

    2. Substituted · 20 U.S.C. § 7702(j)

       Pub. L. 114–95, § 7003(8), (9), substituted “(h)(2)” for “(h)(4)(B)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 114–95, § 7003(8), (9), redesignated subsec. (l) as (j) and substituted “(h)(2)” for “(h)(4)(B)” in introductory provisions.

    Enacted provision · exact public law section
    (8) by redesignating subsection (l) as subsection (j);

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

46. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(7) · 129 Stat. 1802

    1. Redesignated · 20 U.S.C. § 7702(k)

       Pub. L. 114–95, § 7003(7), (10), redesignated subsec. (n) as (k)

    2. Struck · 20 U.S.C. § 7702(k)

       Pub. L. 114–95, § 7003(7), (10), struck out former subsec. (k) which related to special rules for certain local educational agencies

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 114–95, § 7003(7), (10), redesignated subsec. (n) as (k) and struck out former subsec. (k) which related to special rules for certain local educational agencies.

    Enacted provision · exact public law section
    (7) by repealing subsections (k) and (m);

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

47. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(11) · 129 Stat. 1802

    Changed · 20 U.S.C. § 7702(k)(1)

    Pub. L. 114–95, § 7003(11), made technical amendment to reference in original act which appears in text as reference to section 7713(5)(C)(iii) of this title

    Source evidence

    Code amendment note
    Subsec. (k)(1). Pub. L. 114–95, § 7003(11), made technical amendment to reference in original act which appears in text as reference to section 7713(5)(C)(iii) of this title.

    Enacted provision · exact public law section
    (11) in subsection (k)(1) (as redesignated by paragraph (10)), by striking “section 8013(5)(C)(iii)” and inserting “section 7013(5)(C)(iii)”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

48. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(8) · 129 Stat. 1802

    Redesignated · 20 U.S.C. § 7702(l)

    Pub. L. 114–95, § 7003(8), redesignated subsec. (l) as (j)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 114–95, § 7003(8), redesignated subsec. (l) as (j).

    Enacted provision · exact public law section
    (8) by redesignating subsection (l) as subsection (j);

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

49. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(7) · 129 Stat. 1802

    Struck · 20 U.S.C. § 7702(m)

    Pub. L. 114–95, § 7003(7), struck out subsec. (m) which related to eligibility of local educational agencies for payments for Federal property acquired by the Federal Government

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 114–95, § 7003(7), struck out subsec. (m) which related to eligibility of local educational agencies for payments for Federal property acquired by the Federal Government.

    Enacted provision · exact public law section
    (7) by repealing subsections (k) and (m);

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

50. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 § 7003(10) · 129 Stat. 1802

    Redesignated · 20 U.S.C. § 7702(n)

    Pub. L. 114–95, § 7003(10), redesignated subsec. (n) as (k)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 114–95, § 7003(10), redesignated subsec. (n) as (k).

    Enacted provision · exact public law section
    (10) by redesignating subsection (n) as subsection (k); and

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

64 of 67 references resolved to an enrolled provision · 3 partial