I 

114TH CONGRESS 

1ST SESSION H. R. 851 

To amend the Elementary and Secondary Education Act of 1965 to adjust 

funding levels for certain outlying areas. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2015 

Mr. SABLAN introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to adjust funding levels for certain outlying areas. 

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

3 SECTION 1. GRANTS FOR THE SECRETARY OF THE INTE4 RIOR. 

5 (a) IN GENERAL.—Section 1121 of the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 6331) 

7 is amended— 

8 (1) in the section heading, by striking ‘‘THE

9 OUTLYING AREAS AND’’; 


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1 (2) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) RESERVATION OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—From the amount appro5 priated for payments to States for any fiscal year 

6 under sections 1002(a) and 1125A(f), the Secretary 

7 shall reserve— 

8 ‘‘(A) for each fiscal year until the fiscal 

9 year described in paragraph (2), .67 percent to 

10 provide assistance to the Secretary of the Inte11 rior in the amount necessary to make payments 

12 pursuant to subsection (b); and 

13 ‘‘(B) for the fiscal year described in para14 graph (2) and each succeeding fiscal year, 0.75 

15 percent to provide assistance to the Secretary of 

16 the Interior in the amount necessary to make 

17 payments pursuant to such subsection. 

18 ‘‘(2) DESCRIPTION OF FISCAL YEAR.—A fiscal 

19 year described in this paragraph is a fiscal year for 

20 which the total amount allocated under this part for 

21 each State, after reserving funds in accordance with 

22 paragraph (1)(B), would be an amount that is not 

23 less than the total amount allocated under this part 

24 for such State for fiscal year 2015.’’; 

25 (3) by striking subsections (b) and (c); 


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1 (4) by redesignating subsection (d) as sub2 section (b); and 

3 (5) in subsection (b), as so redesignated— 

4 (A) by amending paragraph (1) to read as 

5 follows: 

6 ‘‘(1) IN GENERAL.—The amount allotted for 

7 payments to the Secretary of the Interior under sub8 section (a) for any fiscal year shall be used to meet 

9 the special educational needs of— 

10 ‘‘(A) Indian children on reservations served 

11 by elementary schools and secondary schools for 

12 Indian children operated or supported by the 

13 Department of the Interior; and 

14 ‘‘(B) out-of-State Indian children in ele15 mentary schools and secondary schools in local 

16 educational agencies under special contracts 

17 with the Department of the Interior.’’; and 

18 (B) in paragraph (2), by striking ‘‘sub19 section (a)(2)’’ and inserting ‘‘subsection (a)’’. 

20 (b) CONFORMING AMENDMENTS.—The Elementary 

21 and Secondary Education Act of 1965 (20 U.S.C. 6301 

22 et seq.) is amended— 

23 (1) in paragraph (30) of section 9101, by strik24 ing ‘‘section 1121(b) and any other’’ and inserting 

25 ‘‘any’’; and 


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1 (2) in paragraph (2)(B)(i), of section 5477, by 

2 striking ‘‘eligible under section 1121(d)(1)(A)’’ and 

3 inserting ‘‘eligible under section 1121(b)(1)(A)’’. 

4 SEC. 2. ALLOCATIONS TO STATES. 

5 Section 1122 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 6332) is amended by strik7 ing subsection (e). 

8 SEC. 3. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

9 Section 1124(d) of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6333(d)) is amended— 

11 (1) in paragraph (2), by redesignating subpara12 graphs (A) and (B) as clauses (i) and (ii), respec13 tively, and indenting appropriately; 

14 (2) by redesignating paragraphs (1) and (2) as 

15 subparagraphs (A) and (B), respectively, and indent16 ing appropriately; 

17 (3) by striking ‘‘Notwithstanding section 1122’’ 

18 and inserting the following: 

19 ‘‘(1) IN GENERAL.—Notwithstanding section 

20 1122 and except as provided in paragraph (2)’’; 

21 (4) in paragraph (1)(B)(i) (as so redesignated), 

22 by striking ‘‘calculated in paragraph (1)’’ and insert23 ing ‘‘calculated in subparagraph (A)’’; and 

24 (5) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) EXCEPTION.—American Samoa, Guam, 

2 the Commonwealth of the Northern Mariana Is3 lands, and the United States Virgin Islands shall 

4 each receive one-half of the lesser of the amounts 

5 calculated for each such jurisdiction under subpara6 graphs (A) and (B) of paragraph (1).’’. 

7 SEC. 4. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL 

8 AGENCIES. 

9 Section 1124A(a)(1)(B) of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 6334(a)(1)(B)) 

11 is amended— 

12 (1) by inserting ‘‘STATE MINIMUM.—’’ after the 

13 subparagraph enumerator; 

14 (2) in clause (ii)— 

15 (A) in subclause (II), by redesignating 

16 items (aa) and (bb) as subitems (AA) and 

17 (BB), respectively, and indenting appropriately; 

18 and 

19 (B) by redesignating subclauses (I) and 

20 (II) as items (aa) and (bb), respectively, and in21 denting appropriately; 

22 (3) by redesignating clauses (i) and (ii) as sub23 clauses (I) and (II), respectively, and indenting ap24 propriately; 


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1 (4) by striking ‘‘Notwithstanding section 1122’’ 

2 and inserting the following: 

3 ‘‘(i) IN GENERAL.—Notwithstanding 

4 section 1122 and except as provided in 

5 clause (ii)’’; 

6 (5) in clause (i)(II)(aa) (as so redesignated) by 

7 striking ‘‘calculated under clause (i)’’ and inserting 

8 ‘‘calculated under subclause (I)’’; and 

9 (6) by adding at the end the following new 

10 clause: 

11 ‘‘(ii) EXCEPTION.—American Samoa, 

12 Guam, the Commonwealth of the Northern 

13 Mariana Islands, and the United States 

14 Virgin Islands shall each receive one-half 

15 of the lesser of the amounts calculated for 

16 each such jurisdiction under subclauses (I) 

17 and (II) of clause (i).’’. 

18 SEC. 5. TARGETED GRANTS TO LOCAL EDUCATIONAL 

19 AGENCIES. 

20 Section 1125(e) of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 6335(e)) is amended— 

22 (1) in paragraph (2), by redesignating subpara23 graphs (A) and (B) as clauses (i) and (ii), respec24 tively, and indenting appropriately; 


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1 (2) by redesignating paragraphs (1) and (2) as 

2 subparagraphs (A) and (B), respectively, and indent3 ing appropriately; 

4 (3) by striking ‘‘Notwithstanding any other pro5 vision of this section or section 1122’’ and inserting 

6 the following: 

7 ‘‘(1) IN GENERAL.—Notwithstanding section 

8 1122 and except as provided in paragraph (2)’’; and 

9 (4) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) EXCEPTION.—American Samoa, Guam, 

12 the Commonwealth of the Northern Mariana Is13 lands, and the United States Virgin Islands shall 

14 each receive one-half of the lesser of the amounts 

15 calculated for each such jurisdiction under subpara16 graphs (A) and (B) of paragraph (1).’’. 

17 SEC. 6. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 

18 Section 1125A(b) of the Elementary and Secondary 

19 Education Act of 1965 (20 U.S.C. 6337(b)) is amended— 

20 (1) in paragraph (1)(B)— 

21 (A) in clause (ii), by redesignating sub22 clauses (I) and (II) as items (aa) and (bb), re23 spectively, and indenting appropriately; 


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1 (B) by redesignating clauses (i) and (ii) as 

2 subclauses (I) and (II), respectively, and in3 denting appropriately; 

4 (C) by striking ‘‘Notwithstanding any 

5 other provision of this section or section 1122’’ 

6 and inserting the following: 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 section 1122 and except as provided in 

9 clause (ii)’’; and 

10 (D) by adding at the end the following new 

11 clause: 

12 ‘‘(ii) EXCEPTION.—American Samoa, 

13 Guam, the Commonwealth of the Northern 

14 Mariana Islands, and the United States 

15 Virgin Islands shall each receive one-half 

16 of the lesser of the amounts calculated for 

17 each such jurisdiction under subclauses (I) 

18 and (II) of clause (i).’’; and 

19 (2) in paragraph (2)(B)— 

20 (A) in the subparagraph heading, by in21 serting ‘‘AND CERTAIN OUTLYING AREAS’’ be22 fore the period at the end; and 

23 (B) by adding after ‘‘Commonwealth of 

24 Puerto Rico’’ the following: ‘‘, American 

25 Samoa, Guam, the Commonwealth of the 


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1 Northern Mariana Islands, and the United 

2 States Virgin Islands’’. 

Æ 


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