I

104TH CONGRESS

2D SESSION H. R. 3269

To amend the Impact Aid program to provide for a hold-harmless with

respect to amounts for payments relating to the Federal acquisition

of real property and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 18, 1996

Mr. CUNNINGHAM (for himself, Mrs. MINK of Hawaii, and Mr. BILBRAY) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities

A BILL

To amend the Impact Aid program to provide for a holdharmless with respect to amounts for payments relating

to the Federal acquisition of real property and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Impact Aid Technical

5 Amendments Act of 1996’’.
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1 SEC. 2. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELAT2 ING TO FEDERAL ACQUISITION OF REAL

3 PROPERTY.

4 (a) IN GENERAL.—Section 8002 of the Elementary

5 and Secondary Education Act of 1965 (20 U.S.C. 7702)

6 is amended by adding at the end the following new sub7 sections:

8 ‘‘(g) FORMER DISTRICTS.—

9 ‘‘(1) IN GENERAL.—Where the school district of

10 any local educational agency described in paragraph

11 (2) is formed at any time after 1938 by the consoli12 dation of two or more former school districts, such

13 agency may elect (at any time such agency files an

14 application under section 8005) for any fiscal year

15 to have (A) the eligibility of such local educational

16 agency, and (B) the amount which such agency shall

17 be eligible to receive, determined under this section

18 only with respect to such of the former school dis19 tricts comprising such consolidated school districts

20 as such agency shall designate in such election.

21 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN22 CIES.—A local educational agency referred to in

23 paragraph (1) is any local educational agency that,

24 for fiscal year 1994 or any preceding fiscal year, ap25 plied for and was determined eligible under section

26 2(c) of the Act of September 30, 1950 (Public Law
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1 874, 81st Congress) as such section was in effect on

2 September 30, 1994.

3 ‘‘(h) HOLD-HARMLESS AMOUNTS.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2)(A), the total amount that the Secretary

6 shall pay a local educational agency that is otherwise

7 eligible under subsection (b)—

8 ‘‘(A) for fiscal year 1995 shall not be less

9 than 85 percent of the amount such agency re10 ceived for fiscal year 1994 under section 2 of

11 the Act of September 30, 1950 (Public Law

12 874, 81st Congress) as such section was in ef13 fect on September 30, 1994; or

14 ‘‘(B) for fiscal year 1996 shall not be less

15 than 85 percent of the amount such agency re16 ceived for fiscal year 1995 under subsection (b).

17 ‘‘(2) RATABLE REDUCTIONS.—(A)(i) If nec18 essary in order to make payments to local edu19 cational agencies in accordance with paragraph (1)

20 for any fiscal year, the Secretary first shall ratably

21 reduce payments under subsection (b) for such year

22 to local educational agencies that do not receive a

23 payment under this subsection for such year.

24 ‘‘(ii) If additional funds become available for

25 making payments under subsection (b) for such
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1 year, then payments that were reduced under clause

2 (i) shall be increased on the same basis as such pay3 ments were reduced.

4 ‘‘(B)(i) If the sums made available under this

5 title for any fiscal year are insufficient to pay the

6 full amounts that all local educational agencies in all

7 States are eligible to receive under paragraph (1)

8 after the application of subparagraph (A) for such

9 year, then the Secretary shall ratably reduce pay10 ments under paragraph (1) to all such agencies for

11 such year.

12 ‘‘(ii) If additional funds become available for

13 making payments under paragraph (1) for such fis14 cal year, then payments that were reduced under

15 clause (i) shall be increased on the same basis as

16 such payments were reduced.’’.

17 (b) EFFECTIVE DATE.—Subsection (g) of section

18 8002 of the Elementary and Secondary Education Act of

19 1965, as added by subsection (a), shall apply with respect

20 to fiscal years after fiscal year 1995.
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1 SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED

2 CHILDREN RESIDING ON MILITARY INSTAL3 LATION HOUSING UNDERGOING RENOVA4 TION.

5 (a) IN GENERAL.—Section 8003(a) of the Elemen6 tary and Secondary Education Act of 1965 (20 U.S.C.

7 7703(a)) is amended by adding at the end the following:

8 ‘‘(4) MILITARY INSTALLATION HOUSING UN9 DERGOING RENOVATION.—For purposes of comput10 ing the amount of a payment for a local educational

11 agency for children described in paragraph (1)(D)(i),

12 the Secretary shall consider such children to be chil13 dren described in paragraph (1)(B) if the Secretary

14 determines, on the basis of a certification provided

15 to the Secretary by a designated representative of

16 the Secretary of Defense, that such children would

17 have resided in housing on Federal property in ac18 cordance with paragraph (1)(B) except that such

19 housing was undergoing renovation on the date for

20 which the Secretary determines the number of chil21 dren under paragraph (1).’’.

22 (b) EFFECTIVE DATE.—Paragraph (4) of section

23 8003(a) of the Elementary and Secondary Education Act

24 of 1965, as added by subsection (a), shall apply with re25 spect to fiscal years after fiscal year 1995.
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1 SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGIBLE FED2 ERALLY CONNECTED CHILDREN IN STATES

3 WITH ONLY ONE LOCAL EDUCATIONAL AGEN4 CY.

5 (a) IN GENERAL.—Section 8003(b) of the Elemen6 tary and Secondary Education Act of 1965 (20 U.S.C.

7 7703(b)) is amended by adding at the end the following:

8 ‘‘(3) STATES WITH ONLY ONE LOCAL EDU9 CATIONAL AGENCY.—

10 ‘‘(A) IN GENERAL.—In any of the 50

11 States in which there is only one local edu12 cational agency, the Secretary shall, for pur13 poses of paragraphs (1)(C) and (2) of this sub14 section and subsection (e), consider each admin15 istrative school district in the State to be a sep16 arate local educational agency.

17 ‘‘(B) COMPUTATION OF MAXIMUM AMOUNT

18 OF BASIC SUPPORT PAYMENT AND THRESHOLD

19 PAYMENT.—In computing the maximum pay20 ment amount under paragraph (1)(C) and the

21 learning opportunity threshold payment under

22 paragraph (2)(B) for an administrative school

23 district described in subparagraph (A)—

24 ‘‘(i) the Secretary shall first deter25 mine the maximum payment amount and
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1 the total current expenditures for the State

2 as a whole; and

3 ‘‘(ii) the Secretary shall then—

4 ‘‘(I) proportionately allocate such

5 maximum payment amount among the

6 administrative school districts on the

7 basis of the respective weighted stu8 dent units of such districts; and

9 ‘‘(II) proportionately allocate

10 such total current expenditures among

11 the administrative school districts on

12 the basis of the respective number of

13 students in average daily attendance

14 at such districts.’’.

15 (b) EFFECTIVE DATE.—Paragraph (3) of section

16 8003(b) of the Elementary and Secondary Education Act

17 of 1965, as added by subsection (a), shall apply with re18 spect to fiscal years after fiscal year 1994.

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