Sec. 579. IMPACT AID AMENDMENTS

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## SEC. 579 IMPACT AID AMENDMENTS **[**[20 U.S.C. 7703 note](/us/usc/t20/s7703)**]** ###

(a)Military “Build to Lease” Program Housing Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1806), the amendment made by section 7004(1) of such Act (Public Law 114-95; 129 Stat. 2077)— ####

(1)for fiscal year 2016— #####

(A)shall be applied as if amending section 8003(a)(5)(A) of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802); and #####

(B)shall be applicable with respect to appropriations for use under title VIII of the Elementary and Secondary Education Act of 1965 (Public Law 114-95; 129 Stat. 1802); and ####

(2)for fiscal year 2017 and each succeeding fiscal year, shall be in effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802). ###

(b)Eligibility for Heavily Impacted Local Educational Agencies ####

(1)Amendment Subclause

(I)of section 7003(b)(2)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(I)) is amended to read as follows: > > ###### “(I) > > is a local educational agency— > > > ###### “(aa) > > whose boundaries are the same as a Federal military installation; or > > > ###### “(bb) > > > ######

(AA)> > whose boundaries are the same as an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and > > > ###### “(BB) > > that has no taxing authority;” > . ####

(2)Effective date **[**[20 U.S.C. 7703 note](/us/usc/t20/s7703)**]** The amendment made by paragraph

(1)shall take effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802), beginning with fiscal year 2017 and as if enacted as part of title VII of the Every Student Succeeds Act. ###

(c)Special Rule Regarding the Per-Pupil Expenditure Requirement **[**[20 U.S.C. 7703 note](/us/usc/t20/s7703)**]** ####

(1)References Except as otherwise expressly provided, any reference in this subsection to a section or other provision of title VII of the Elementary and Secondary Education Act of 1965 shall be considered to be a reference to the section or other provision of such title VII as amended by the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802). ####

(2)In general Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1806) or section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), with respect to any application submitted under section 7005 of such Act (20 U.S.C. 7705) for eligibility consideration under subclause

(II)or

(V)of section 7003(b)(2)(B)(i) of such Act for fiscal year 2017 and any succeeding fiscal year, the Secretary of Education shall determine that a local educational agency meets the per-pupil expenditure requirement for purposes of such subclause

(II)or (V), as applicable, only if— #####

(A)in the case of a local educational agency that received a basic support payment for fiscal year 2001 under section 8003(b)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)) (as such section was in effect for such fiscal year), the agency, for the year for which the application is submitted, has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of all States (whichever average per-pupil expenditure is greater), except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement; or #####

(B)in the case of a local educational agency that did not receive a basic support payment for fiscal year 2015 under such section 8003(b)(2)(B), as so in effect, the agency, for the year for which the application is submitted— ######

(i)has a total student enrollment of 350 or more students and a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located; or ######

(ii)has a total student enrollment of less than 350 students and a per-pupil expenditure that is less than the average per-pupil expenditure of a comparable local educational agency or 3 comparable local educational agencies (whichever average per-pupil expenditure is greater), in the State in which the agency is located. ###

(d)Payments for Eligible Federally Connected Children ####

(1)Amendments Section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), as amended by subsection

(b)and sections 7001 and 7004 of the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 2074, 2077), is further amended— #####

(A)in subclause

(IV)of subparagraph (B)(i)— ######

(i)in the matter preceding item (aa), by inserting “received a payment for fiscal year 2015 under section 8003(b)(2)(E) (as such section was in effect for such fiscal year) and” before “has”; ######

(ii)in item (aa), by striking “50” and inserting “35”; and ######

(iii)by striking item

(bb)and inserting the following: > > ###### “(bb) > > > ######

(AA)> > not less than 3,500 of such children are children described in subparagraphs

(A)and

(B)of subsection (a)(1); or > > > ###### “(BB) > > not less than 7,000 of such children are children described in subparagraph

(D)of subsection (a)(1);” > ; and #####

(B)in subparagraph (D)— ######

(i)in clause (i)— ######

(I)in subclause (I), by striking “clause (ii)” and inserting “clauses (ii), (iii), and (iv)”; and ######

(II)in subclause (II)— ######

(aa)by inserting “received a payment for fiscal year 2015 under section 8003(b)(2)(E) (as such section was in effect for such fiscal year) and” after “agency that”; ######

(bb)by striking “50 percent” and inserting “35 percent”; ######

(cc)by striking “ subsection (a)(1) and not less than 5,000 ” and inserting the following: > “subsection (a)(1) and— > > > ###### “(aa) > > not less than 3,500” > ; and ######

(dd)by striking “ subsection (a)(1). ” and inserting the following: > “subsection (a)(1); or > > > ###### “(bb) > > not less than 7,000 of such children are children described in subparagraph

(D)of subsection (a)(1).” > ; ######

(ii)in clause (ii), by striking “ shall be 1.35. ” and inserting the following: > “shall be— > > > ###### “(I) > > for fiscal year 2016, 1.35; > > > ###### “(II) > > for each of fiscal years 2017 and 2018, 1.38; > > > ###### “(III) > > for fiscal year 2019, 1.40; > > > ###### “(IV) > > for fiscal year 2020, 1.42; and > > > ###### “(V) > > for fiscal year 2021 and each fiscal year thereafter, 1.45.” > ; and ######

(iii)by adding at the end the following: > > ###### “(iii) Factor for children who live off base > > For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subsection (a)(1)(D) shall be— > > > ###### “(I) > > for fiscal year 2016, .20; > > > ###### “(II) > > for each of fiscal years 2017 and 2018, .22; > > > ###### “(III) > > for each of fiscal years 2019 and 2020, .25; and > > > ###### “(IV) > > for fiscal year 2021 and each fiscal year thereafter— > > > ###### “(aa) > > .30 with respect to each of the first 7,000 children; and > > > ###### “(bb) > > .25 with respect to the number of children that exceeds 7,000. > > > ###### “(iv) Special rule > > Notwithstanding clauses

(ii)and (iii), for fiscal year 2020 or any succeeding fiscal year, if the number of students who are children described in subparagraphs

(A)and

(B)of subsection (a)(1) for a local educational agency subject to this subparagraph exceeds 7,000 for such year or the number of students who are children described in subsection (a)(1)(D) for such local educational agency exceeds 12,750 for such year, then— > > > ###### “(I) > > the factor used, for the fiscal year for which the determination is being made, to determine the weighted student units under subsection (a)(2) with respect to children described in subparagraphs

(A)and

(B)of subsection (a)(1) shall be 1.40; and > > > ###### “(II) > > the factor used, for such fiscal year, to determine the weighted student units under subsection (a)(2) with respect to children described in subsection (a)(1)(D) shall be .20.” > . ####

(2)Effective date **[**[20 U.S.C. 7703 note](/us/usc/t20/s7703)**]** The amendments made by paragraph

(1)shall take effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965 beginning with fiscal year 2017 and as if enacted as part of title VII of the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 2074). ####

(3)Special rules **[**[20 U.S.C. 7703 note](/us/usc/t20/s7703)**]** #####

(A)Applicability for fiscal year 2016 Notwithstanding any other provision of law, in making basic support payments under section 8003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) for fiscal year 2016, the Secretary of Education shall carry out subparagraphs (B)(i) and

(E)of such section as if the amendments made to subparagraphs (B)(i)(IV) and

(D)of section 7003(b)(2) of such Act (as amended and redesignated by this subsection and the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802)) had also been made to the corresponding provisions of section 8003(b)(2) of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act. #####

(B)Loss of eligibility For fiscal year 2016 or any succeeding fiscal year, if a local educational agency is eligible for a basic support payment under subclause

(IV)of section 7003(b)(2)(B)(i) of the Elementary and Secondary Education Act of 1965 (as amended by this section and the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802)) or through a corresponding provision under subparagraph (A), such local educational agency shall be ineligible to apply for a payment for such fiscal year under any other subclause of such section (or, for fiscal year 2016, any other item of section 8003(b)(2)(B)(i)(II) of the Elementary and Secondary Education Act of 1965). #####

(C)Payment amounts If, before the date of enactment of this Act, a local educational agency receives 1 or more payments under section 8003(b)(2)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(E)) for fiscal year 2016, the sum of which is greater than the amount the Secretary of Education determines the local educational agency is entitled to receive under such section in accordance with subparagraph (A)— ######

(i)the Secretary shall allow the local educational agency to retain the larger amount; and ######

(ii)such local educational agency shall not be eligible to receive any additional payment under such section for fiscal year 2016. ## Subtitle I Decorations and Awards

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