Revising Statute (Section 563 of National Defense Authorization Act for FY 2013)

National Defense Authorization
Act for Fiscal Year 2013

H. R. 4310—113
(c) REPEAL OF OBSOLETE FUNDING REFERENCE.—Section 572
of the National Defense Authorization Act for Fiscal Year 2006
(20 U.S.C. 7703b) is amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(d) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘‘local educational agency’’ has the meaning given that
term in section 8013(9) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated for fiscal year
2013 pursuant to section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $5,000,000 shall be available for payments
under section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM.

(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

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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

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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

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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

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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.—
(1) IN GENERAL.—The amendments made by subsection
(b) shall be effective for a 2-year period beginning on the
date of enactment of this Act.
(2) EFFECTIVE DATE.—Notwithstanding section 8005(d) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7705(d)), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications
submitted under section 8002 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.
(3) 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.
(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.
SEC. 564. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN
WHO ARE CARRIED DURING PREGNANCY AT TIME OF
DEPENDENT-ABUSE OFFENSE COMMITTED BY AN INDIVIDUAL WHILE A MEMBER OF THE ARMED FORCES.

(a) IN GENERAL.—Section 1059 of title 10, United States Code,
is amended—
(1) in subsection (f), by adding at the end the following
new paragraph:
‘‘(4) Payment to a child under this section shall not cover
any period before the birth of the child.’’; and
(2) in subsection (l), by striking ‘‘at the time of the
dependent-abuse offense resulting in the separation of the
former member’’ in the matter preceding paragraph (1) and
inserting ‘‘or eligible spouse at the time of the dependentabuse offense resulting in the separation of the former member
or who was carried during pregnancy at the time of the
dependent-abuse offense resulting in the separation of the
former member and was subsequently born alive to the eligible
spouse or former spouse’’.