Sec. 563. AMENDMENTS TO THE IMPACT AID PROGRAM
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## SEC. 563 AMENDMENTS TO THE IMPACT AID PROGRAM **[**[20 U.S.C. 6301 note](/us/usc/t20/s6301)**]** ###
(a)Short Title This section may be cited as the “Impact Aid Improvement Act of 2012”. ###
(b)Amendments to the Impact Aid Program Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) is amended— ####
(1)in section 8002 (20 U.S.C. 7702)— #####
(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)”; #####
(B)in subsection (b)— ######
(i)in paragraph (2), by striking “aggregate assessed” and inserting “estimated taxable”; and ######
(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 #####
(C)in subsection (h)— ######
(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 ######
(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.” > ; ####
(2)by striking section 8003(a)(4) (20 U.S.C. 7703(a)(4)) and inserting the following: > > #### “(4) Military installation and indian housing undergoing renovation or rebuilding > > > ##### “(A) Military installation housing > > Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency for children described in paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of Defense, that those children would have resided in housing on Federal property if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(B) shall not exceed the lessor of— > > > ###### “(i) > > the total number of children eligible under paragraph (1)(B) for the year prior to the initiation of the housing project on Federal property undergoing renovation or rebuilding; or > > > ###### “(ii) > > the total number of Federally connected children enrolled at the local educational agency as stated in the application filed for the payment for the year for which the determination is made. > > > ##### “(B) Indian lands > > Beginning in fiscal year 2014, in determining the amount of a payment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider those children to be children described in paragraph (1)(C) if the Secretary determines on the basis of a certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development that those children would have resided in housing on Indian lands if the housing was not undergoing renovation or rebuilding. The total number of children treated as children described in paragraph (1)(C) shall not exceed the lessor of— > > > ###### “(i) > > the total number of children eligible under paragraph (1)(C) for the year prior to the initiation of the housing project on Indian lands undergoing renovation or rebuilding; or > > > ###### “(ii) > > the total number of Federally connected children enrolled at the local educational agency as stated in the application filed for the payment for the year for which the determination is made. > > > ##### “(C) Eligible housing > > Renovation or rebuilding shall be defined as projects considered as capitalization, modernization, or restoration, as defined by the Secretary of Defense or the Secretary of the Interior (as the case may be) and are projects that last more than 30 days, but do not include ‘sustainment projects’ such as painting, carpeting, or minor repairs.” > ; and ####
(3)in section 8010 (20 U.S.C. 7710)— #####
(A)in subsection (c)(1), by striking “paragraph
(3)of this subsection” both places the term appears and inserting “paragraph (2)”; and #####
(B)by adding at the end the following: > > ### “(d) Timely Payments > > > #### “(1) In general > > Subject to paragraph (2), the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this title for a fiscal year not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this title for such fiscal year. > > > #### “(2) Payments with respect of fiscal years in which insufficient funds are appropriated > > For a fiscal year in which the amount appropriated under section 8014 is insufficient to pay the full amount a local educational agency is eligible to receive under this title, paragraph
(1)shall be applied by substituting ‘is available to pay the agency’ for ‘the agency is eligible to receive’ each place the term appears.” > . ###
(c)Effective Date, Implementation, and Repeal **[**[20 U.S.C. 7702 note](/us/usc/t20/s7702)**]** ####
(1)Effective date With respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, for fiscal year 2010, title VIII of the Elementary and Secondary Education Act of 1965 (including the amendments made by subsection (b)(1)), as in effect on such date, and subsection (b)(1) shall take effect with respect to such applications, notwithstanding section 8005(d) of such Act, as in effect on such date. ####
(2)Implementation The Secretary of Education shall carry out the amendments made by this section without regard to the rulemaking procedures under section 553 of title 5, United States Code.
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Sec. 563
AMENDMENTS TO THE IMPACT AID PROGRAM
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