II 

117TH CONGRESS 

1ST SESSION S. 945 

To provide temporary impact aid construction grants to eligible local 

educational agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2021 

Ms. HIRONO (for herself, Mrs. GILLIBRAND, Ms. SMITH, Ms. KLOBUCHAR, 

Ms. BALDWIN, Mr. PADILLA, Mrs. FEINSTEIN, Mr. HEINRICH, Ms. 

DUCKWORTH, Mr. TESTER, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To provide temporary impact aid construction grants to 

eligible local educational agencies, 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 Infrastruc5 ture Act’’. 

6 SEC. 2. IMPACT AID CONSTRUCTION GRANTS AUTHORIZED. 

7 (a) FUNDING AND SUNSET.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated 


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1 $1,000,000,000 for fiscal year 2022 to carry out 

2 this Act. 

3 (2) SUPPLEMENTAL FUNDING.—The amount 

4 authorized under paragraph (1) shall be in addition 

5 to any amounts authorized to be appropriated or 

6 otherwise made available to carry out section 7007 

7 of the Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 7707). 

9 (3) AVAILABILITY OF FUNDS.—Any amounts 

10 appropriated under paragraph (1) shall remain 

11 available until expended. 

12 (4) SUNSET.—The authority to award grants 

13 under this Act shall expire at the end of the 3-year 

14 period beginning on the date on which funds are 

15 first made available to award a grant under this Act. 

16 (b) RESERVATION FOR MANAGEMENT AND OVER17 SIGHT.—From the funds appropriated under subsection 

18 (a)(1), the Secretary of Education may reserve not more 

19 than half of 1 percent for management and oversight of 

20 the activities carried out with those funds. 

21 (c) FORMULA GRANTS.— 

22 (1) IN GENERAL.—From 40 percent of the 

23 funds appropriated under subsection (a)(1) and not 

24 reserved under subsection (b), the Secretary of Edu25 cation shall make payments in accordance with secVerDate Sep 11 2014 20:09 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S945.IS S945

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1 tion 7007(a) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7707(a)). 

3 (2) SPECIAL RULE.—The Secretary of Edu4 cation when calculating the total number of weighted 

5 student units as described in paragraph (3)(A)(i)(II) 

6 of section 7007(a) of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 7707(a)) shall in8 clude the total number of weighted student units of 

9 children described in subparagraphs (B) and (D)(i) 

10 of section 7003(a)(1) of such Act for all local edu11 cational agencies not meeting the requirements as 

12 described in section 7007(a)(2)(B) of such Act but 

13 that meet the requirements of section 572(a)(2) of 

14 the National Defense Authorization Act for Fiscal 

15 Year 2006 (20 U.S.C. 7703b). 

16 (d) COMPETITIVE GRANTS.—From 60 percent of the 

17 funds appropriated under subsection (a)(1) and not re18 served under subsection (b), the Secretary of Education— 

19 (1) shall award emergency grants in accordance 

20 with section 7007(b) of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 7707(b)), 

22 except as otherwise provided in this Act; and 

23 (2) may award modernization grants in accord24 ance with section 7007(b) of the Elementary and 


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1 Secondary Education Act of 1965 (20 U.S.C. 

2 7707(b)), except as otherwise provided in this Act. 

3 SEC. 3. ELIGIBILITY. 

4 (a) ELIGIBILITY FOR EMERGENCY GRANTS.— 

5 (1) IN GENERAL.—For purposes of receiving an 

6 emergency grant under section 2(d)(1), in addition 

7 to a local educational agency that meets the eligi8 bility requirements for the award of such a grant 

9 under any of subparagraphs (A), (C), or (D) of sec10 tion 7007(b)(3) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7707(b)(3)), a 

12 local educational agency that meets the requirements 

13 described in paragraph (2) (without regard to 

14 whether the agency meets any of the requirements 

15 of such subparagraphs (A), (C), or (D)), shall be eli16 gible for such a grant. 

17 (2) REQUIREMENTS.—A local educational agen18 cy meets the requirements of this paragraph, if such 

19 agency has— 

20 (A) a total taxable assessed value of real 

21 property that may be taxed for school purposes 

22 of less than $100,000,000; or 

23 (B) an assessed value of real property per 

24 student that may be taxed for school purposes 

25 that is less than the average of the assessed 


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1 value of real property per student that may be 

2 taxed for school purposes in the State in which 

3 the local educational agency is located. 

4 (b) ELIGIBILITY FOR MODERNIZATION GRANTS.— 

5 (1) IN GENERAL.—For purposes of receiving a 

6 modernization grant under section 2(d)(2), in addi7 tion to a local educational agency that meets the eli8 gibility requirements for the award of such a grant 

9 under any of subparagraphs (B), (C), or (D) of sec10 tion 7007(b)(3) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7707(b)(3)), a 

12 local educational agency that meets the requirements 

13 described in paragraph (2) (without regard to 

14 whether the agency meets any of the requirements 

15 of such subparagraphs (B), (C), or (D)), shall be eli16 gible for such a grant. 

17 (2) REQUIREMENTS.—A local educational agen18 cy meets the requirements of this paragraph, if such 

19 agency has— 

20 (A) a total taxable assessed value of real 

21 property that may be taxed for school purposes 

22 of less than $100,000,000; or 

23 (B) an assessed value of real property per 

24 student that may be taxed for school purposes 

25 that is less than the average of the assessed 


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1 value of real property per student that may be 

2 taxed for school purposes in the State in which 

3 the local educational agency is located. 

4 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

5 this section, the term ‘‘local educational agency’’ has the 

6 meaning given the term in section 7013 of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 7713). 

8 SEC. 4. INAPPLICABILITY OF CERTAIN PROVISIONS. 

9 Clauses (i) and (vi) of section 7007(b)(5)(A) of the 

10 Elementary and Secondary Education Act of 1965 (20 

11 U.S.C. 7707(b)(5)(A)) shall not apply to grants made 

12 under section 2(d). 

Æ 


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