PUBLIC LAW 106-554—APPENDIX A 114 STAT. 2763A-61 entity any funds that are being properly used to achieve one or more of the purposes described in section 10325(a). "(c) PROCEDURES. — The provisions of sections 451, 452, and 458 of the General Education Provisions Act (20 U.S.C. 1234 et seq.) shall apply to the recovery of funds under subsection (a). "(d) CONSTRUCTION.— Th is section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.). "SEC. 10330. DEFINrnONS. "In this subpart: "(1) The term 'charter school' has the meaning given such term in section 10310. "(2) The term 'eligible entity' means— "(A) a public entity, such as a State or local governmental entity; "(B) a private nonprofit entity; or "(C) a consortium of entities described in subparagraphs (A) and (B). ••SEC. 10331. AUTHORIZATION OF APPROPRIATIONS. "For the purpose of carrying out this subpart, there are authorized to be appropriated $100,000,000 for fiscal year 2001.". (b) Part C of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8061 et seq.) is amended in each of the following provisions by striking "part" each place such term appears and inserting "subpart": (1) Sections 10301 through 10305. (2) Section 10307. (3) Sections 10309 through 10311. SEC. 323. (a) Section 8003(b)(2)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(F)) is amended— (1) by striking "the Secretary shall use" and inserting "the Secretary— "(i) shall use"; (2) by striking the period at the end and inserting "; and"; and (3) by adding at the end the following: "(ii) except as provided in subparagraph (C)(i)(I), shall include all of the children described in subparagraphs (F) and (G) of subsection (a)(1) enrolled in schools of the local educational agency in determining (I) the eligibility of the agency for assistance under this paragraph, and (II) the amount of such assistance if the number of such children meet the requirements of subsection (a)(3).". (b) Section 8003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) is amended by adding at the end the following: "(G) DETERMINATION OF AVERAGE TAX RATES FOR GEN- ERAL FUND PURPOSES.— For the purpose of determining average tax rates for general fund purposes for local educational agencies in a State under this paragraph (except under subparagraph (C)(i)(II)(bb)), the Secretary shall use either—
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