108 STAT. 3764 PUBLIC LAW 103-382—OCT. 20, 1994 "(D) that receives assistance under section 8006. "(b) AMOUNT OF PAYMENTS,— The amount of a payment to each such agency for a fiscal year shall be equal to— "(1) the amount appropriated under section 8014(e) for such year; divided by "(2) the number of children determined under section 8003(a)(2) for all local educational agencies described in subsection (a), but not including any children attending a school assisted or provided by the Secretary under section 8008 or section 10 of the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994); multiplied by "(3) the number of such children determined for such agency. "(c) USE OF FUNDS.— Any local educational agency that receives funds under this section shall use such funds for construction, as defined in section 8013(3). 20 USC 7708. "SEC. 8008. FACILITIES. "(a) CURRENT FACILITIES. —From the amount appropriated for any fiscal year under section 8014(f), the Secretary may continue to provide assistance for school facilities that were supported by the Secretary under section 10 of the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such Act was in effect on the day preceding the date of the enactment of the Improving America's Schools Act of 1994). "(b) TRANSFER OF FACILITIES.— "(1) IN GENERAL. —The Secretary shall, as soon as practicable, transfer to the appropriate local educational agency or another appropriate entity all the right, title, and interest of the United States in and to each facility provided under section 10 of the Act of September 23, 1950 (Public Law 815, 81st Congress), or under section 204 or 310 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Acts were in effect on January 1, 1958). "(2) OTHER REQUIREMENTS.—Any such transfer shall be without charge to such agency or entity, and prior to such transfer, the transfer shall be consented to by the local educational agency or other appropriate entity, and may be made on such terms and conditions as the Secretary deems appropriate to carry out the purposes of this title. 20 USC 7709. "SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID. "(a) GENERAL PROHIBITION.— Except as provided in subsection (b), a State may not— "(1) consider payments under this title or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) in determining for any fiscal year— "(A) the eligibility of a local educational agency for State aid for free public education; or "(B) the amount of such aid; or "(2) make such aid available to local educational agencies in a manner that results in less State aid to any local edu-
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