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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3269 Introduced in House (IH)]

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 hold-harmless with 
respect to amounts for payments relating to the Federal acquisition of 
                 real property and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Impact Aid Technical Amendments Act 
of 1996''.

SEC. 2. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL 
              ACQUISITION OF REAL PROPERTY.

    (a) In General.--Section 8002 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end 
the following new subsections:
    ``(g) Former Districts.--
            ``(1) In general.--Where the school district of any local 
        educational agency described in paragraph (2) is formed at any 
        time after 1938 by the consolidation of two or more former 
        school districts, such agency may elect (at any time such 
        agency files an application under section 8005) for any fiscal 
        year to have (A) the eligibility of such local educational 
        agency, and (B) the amount which such agency shall be eligible 
        to receive, determined under this section only with respect to 
        such of the former school districts comprising such 
        consolidated school districts as such agency shall designate in 
        such election.
            ``(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is any local 
        educational agency that, for fiscal year 1994 or any preceding 
        fiscal year, applied for and was determined eligible under 
        section 2(c) of the Act of September 30, 1950 (Public Law 874, 
        81st Congress) as such section was in effect on September 30, 
        1994.
    ``(h) Hold-Harmless Amounts.--
            ``(1) In general.--Except as provided in paragraph (2)(A), 
        the total amount that the Secretary shall pay a local 
        educational agency that is otherwise eligible under subsection 
        (b)--
                    ``(A) for fiscal year 1995 shall not be less than 
                85 percent of the amount such agency received for 
                fiscal year 1994 under section 2 of the Act of 
                September 30, 1950 (Public Law 874, 81st Congress) as 
                such section was in effect on September 30, 1994; or
                    ``(B) for fiscal year 1996 shall not be less than 
                85 percent of the amount such agency received for 
                fiscal year 1995 under subsection (b).
            ``(2) Ratable reductions.--(A)(i) If necessary in order to 
        make payments to local educational agencies in accordance with 
        paragraph (1) for any fiscal year, the Secretary first shall 
        ratably reduce payments under subsection (b) for such year to 
        local educational agencies that do not receive a payment under 
        this subsection for such year.
            ``(ii) If additional funds become available for making 
        payments under subsection (b) for such year, then payments that 
        were reduced under clause (i) shall be increased on the same 
        basis as such payments were reduced.
            ``(B)(i) If the sums made available under this title for 
        any fiscal year are insufficient to pay the full amounts that 
        all local educational agencies in all States are eligible to 
        receive under paragraph (1) after the application of 
        subparagraph (A) for such year, then the Secretary shall 
        ratably reduce payments under paragraph (1) to all such 
        agencies for such year.
            ``(ii) If additional funds become available for making 
        payments under paragraph (1) for such fiscal year, then 
        payments that were reduced under clause (i) shall be increased 
        on the same basis as such payments were reduced.''.
    (b) Effective Date.--Subsection (g) of section 8002 of the 
Elementary and Secondary Education Act of 1965, as added by subsection 
(a), shall apply with respect to fiscal years after fiscal year 1995.

SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN RESIDING ON 
              MILITARY INSTALLATION HOUSING UNDERGOING RENOVATION.

    (a) In General.--Section 8003(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(a)) is amended by adding at the 
end the following:
            ``(4) Military installation housing undergoing 
        renovation.--For purposes of computing the amount of a payment 
        for a local educational agency for children described in 
        paragraph (1)(D)(i), the Secretary shall consider such children 
        to be 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 such children would have resided in housing on 
        Federal property in accordance with paragraph (1)(B) except 
        that such housing was undergoing renovation on the date for 
        which the Secretary determines the number of children under 
        paragraph (1).''.
    (b) Effective Date.--Paragraph (4) of section 8003(a) of the 
Elementary and Secondary Education Act of 1965, as added by subsection 
(a), shall apply with respect to fiscal years after fiscal year 1995.

SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 
              CHILDREN IN STATES WITH ONLY ONE LOCAL EDUCATIONAL 
              AGENCY.

    (a) In General.--Section 8003(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(b)) is amended by adding at the 
end the following:
            ``(3) States with only one local educational agency.--
                    ``(A) In general.--In any of the 50 States in which 
                there is only one local educational agency, the 
                Secretary shall, for purposes of paragraphs (1)(C) and 
                (2) of this subsection and subsection (e), consider 
                each administrative school district in the State to be 
                a separate local educational agency.
                    ``(B) Computation of maximum amount of basic 
                support payment and threshold payment.--In computing 
                the maximum payment amount under paragraph (1)(C) and 
                the learning opportunity threshold payment under 
                paragraph (2)(B) for an administrative school district 
                described in subparagraph (A)--
                            ``(i) the Secretary shall first determine 
                        the maximum payment amount and the total 
                        current expenditures for the State as a whole; 
                        and
                            ``(ii) the Secretary shall then--
                                    ``(I) proportionately allocate such 
                                maximum payment amount among the 
                                administrative school districts on the 
                                basis of the respective weighted 
                                student units of such districts; and
                                    ``(II) proportionately allocate 
                                such total current expenditures among 
                                the administrative school districts on 
                                the basis of the respective number of 
                                students in average daily attendance at 
                                such districts.''.
    (b) Effective Date.--Paragraph (3) of section 8003(b) of the 
Elementary and Secondary Education Act of 1965, as added by subsection 
(a), shall apply with respect to fiscal years after fiscal year 1994.
                                 <all>
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