I

106TH CONGRESS

1ST SESSION H. R. 1206

To transfer the impact aid program to the Department of the Treasury

and to provide for the procurement of services by nongovernmental personnel for the performance of the functions of the impact aid program.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1999

Mr. TERRY (for himself and Mr. LUCAS of Oklahoma) introduced the following bill; which was referred to the Committee on the Education and

the Workforce

A BILL

To transfer the impact aid program to the Department of

the Treasury and to provide for the procurement of

services by nongovernmental personnel for the performance of the functions of the impact aid program.

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 Revitaliza5 tion Act of 1999’’.
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1 SEC. 2. TRANSFER OF IMPACT AID PROGRAM FROM DE2 PARTMENT OF EDUCATION TO DEPARTMENT

3 OF THE TREASURY.

4 (a) TRANSFER OF FUNCTIONS.—There are hereby

5 transferred to the Department of the Treasury all func6 tions that the Secretary of Education exercised on the day

7 before the effective date specified in section 4 (including

8 all related functions of any officer or employee of the De9 partment of Education) that relate to the administration

10 or enforcement of the impact aid program under title VIII

11 of the Elementary and Secondary Education Act of 1965

12 (20 U.S.C. 7701 et seq.).

13 (b) TRANSFER OF ASSETS AND FUNDS.—Consistent

14 with section 1531 of title 31, United States Code, the as15 sets, liabilities, contracts, property, records, and unex16 pended balances of appropriations, authorizations, alloca17 tions, and other funds that relate to the functions trans18 ferred under subsection (a) from the Department of Edu19 cation shall be transferred to the Department of the

20 Treasury. Unexpended funds transferred pursuant to this

21 subsection shall be used by the Department of the Treas22 ury only for the purposes for which the funds were origi23 nally authorized and appropriated.

24 (c) REFERENCES.—

25 (1) IN GENERAL.—Section 8013 of the Elemen26 tary and Secondary Education Act of 1965 (20
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1 U.S.C. 7713) is amended by adding at the end the

2 following:

3 ‘‘(13) SECRETARY.—The term ‘Secretary’

4 means the Secretary of the Treasury.’’.

5 (2) OTHER REFERENCES.—After the transfer

6 of functions from the Department of Education

7 under subsection (a), any reference in any other

8 Federal law, Executive order, rule, regulation, docu9 ment, or other material to the Department of Edu10 cation or the Secretary of Education in connection

11 with the administration or enforcement of the im12 pact aid program shall be deemed to be a reference

13 to the Department of the Treasury or the Secretary

14 of the Treasury, respectively.

15 (d) SAVINGS PROVISIONS.—The transfer of functions

16 from the Department of Education under subsection (a)

17 shall not affect—

18 (1) an order, determination, rule, regulation,

19 permit, agreement, grant, contract, certificate, li20 cense, registration, privilege, or other administrative

21 action issued, made, granted, or otherwise in effect

22 or final with respect to the Department of Education

23 on the day before the transfer date with respect to

24 the transferred functions; or
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1 (2) any suit commenced with regard to the De2 partment of Education, and any other proceeding

3 (including a notice of proposed rulemaking), or any

4 application for any license, permit, certificate, or fi5 nancial assistance pending before the Department of

6 Education on the day before the transfer date with

7 respect to the transferred functions.

8 SEC. 3. PROCUREMENT OF SERVICES BY NONGOVERN9 MENTAL PERSONNEL TO CARRY OUT CER10 TAIN FUNCTIONS OF THE IMPACT AID PRO11 GRAM.

12 The Secretary may, in accordance with applicable ad13 ministrative regulation or policy, competitively procure by

14 contract the services of nongovernmental personnel for the

15 performance of the functions of the impact aid program,

16 in whole or in part, determined by the Secretary to be

17 more efficient under subsection (a)(1).

18 SEC. 4. EFFECTIVE DATE.

19 This Act shall take effect on the earlier of—

20 (1) the date that is 180 days after the date of

21 the enactment of this Act; and

22 (2) such date during that 180-day period as the

23 President may direct in an Executive order.

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