I

107TH CONGRESS

1ST SESSION H. R. 1716

To amend the impact aid program under the Elementary and Secondary

Education Act of 1965 to improve the delivery of payments under the

program to local educational agencies.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 2001

Mr. KIRK (for himself, Mr. LARSEN of Washington, Mrs. JO ANN DAVIS of

Virginia, Mrs. DAVIS of California, Mr. SCHROCK, Mr. MCHUGH, Mr.

THOMPSON of California, Mr. SAXTON, Mr. OBERSTAR, Mr. GREEN of

Wisconsin, Mr. FILNER, Mr. SIMMONS, Mr. RUSH, Mr. PLATTS, Mr.

COSTELLO, Mrs. EMERSON, Mr. PHELPS, Mr. HONDA, Mr. RODRIGUEZ,

Mr. PETERSON of Minnesota, Mr. EDWARDS, and Mr. MCINTYRE) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the impact aid program under the Elementary

and Secondary Education Act of 1965 to improve the

delivery of payments under the program to local educational agencies.

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

3 SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM.

4 (a) PAYMENTS RELATING TO FEDERAL ACQUISITION

5 OF REAL PROPERTY.—Section 8002 of the Elementary
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1 and Secondary Education Act of 1965 (20 U.S.C. 7702)

2 is amended—

3 (1) in subsection (a), by striking ‘‘shall be eligi4 ble’’ and inserting ‘‘is entitled’’; and

5 (2) by striking subsections (h), (i), and (j).

6 (b) PAYMENTS FOR ELIGIBLE FEDERALLY CON7 NECTED CHILDREN.—

8 (1) COMPUTATION OF PAYMENT.—Section

9 8003(a)(1) of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7703(a)(1)) is

11 amended by striking ‘‘is eligible’’ and inserting ‘‘is

12 entitled’’.

13 (2) BASIC SUPPORT PAYMENTS AND PAYMENTS

14 WITH RESPECT TO FISCAL YEARS IN WHICH INSUF15 FICIENT FUNDS ARE APPROPRIATED.—Section

16 8003(b) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 7703(b)) is

18 amended—

19 (A) in the heading, by striking ‘‘AND PAY20 MENTS WITH RESPECT TO FISCAL YEARS IN

21 WHICH INSUFFICIENT FUNDS ARE APPRO22 PRIATED’’;

23 (B) in paragraph (1)—

24 (i) in subparagraph (A), by striking

25 ‘‘From the amount appropriated under sec-
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1 tion 8014(b) for a fiscal year, the Sec2 retary is authorized to’’ and inserting

3 ‘‘The Secretary shall’’;

4 (ii) in subparagraph (B)—

5 (I) in the heading, by striking

6 ‘‘ELIGIBILITY’’ and inserting ‘‘ENTI7 TLEMENT’’; and

8 (II) by striking ‘‘is eligible’’ and

9 inserting ‘‘is entitled’’; and

10 (iii) in subparagraph (C)—

11 (I) in the heading, by striking

12 ‘‘MAXIMUM AMOUNT’’ and inserting

13 ‘‘AMOUNT’’;

14 (II) by striking ‘‘maximum

15 amount’’ and inserting ‘‘amount’’; and

16 (III) by striking ‘‘is eligible’’ and

17 inserting ‘‘is entitled’’;

18 (C) in paragraph (2)—

19 (i) in subparagraph (A)—

20 (I) in clause (i), by striking

21 ‘‘From the amount appropriated

22 under section 8014(b) for a fiscal

23 year, the Secretary is authorized to’’

24 and inserting ‘‘The Secretary shall’’;

25 and
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1 (II) in clause (ii), by striking ‘‘el2 igible’’ and inserting ‘‘entitled’’;

3 (ii) in subparagraph (B)—

4 (I) in the heading, by striking

5 ‘‘ELIGIBILITY’’ and inserting ‘‘ENTI6 TLEMENT’’;

7 (II) in clause (i), by striking ‘‘is

8 eligible’’ and inserting ‘‘is entitled’’;

9 (III) in clause (ii)—

10 (aa) in the heading, by

11 striking ‘‘ELIGIBILITY’’ and in12 serting ‘‘ENTITLEMENT’’;

13 (bb) by striking ‘‘shall be in14 eligible’’ and inserting ‘‘shall not

15 be entitled’’; and

16 (cc) by striking ‘‘ineligi17 bility’’ and inserting ‘‘non-entitle18 ment’’; and

19 (IV) in clause (iii)—

20 (aa) in the heading, by

21 striking ‘‘ELIGIBILITY’’ and in22 serting ‘‘ENTITLEMENT’’;

23 (bb) by striking ‘‘becomes

24 ineligible’’ and inserting ‘‘is not

25 entitled’’; and
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1 (cc) by striking ‘‘eligibility’’

2 each place it appears and insert3 ing ‘‘entitlement’’;

4 (iii) in subparagraph (C)—

5 (I) in the heading, by striking

6 ‘‘ELIGIBILITY’’ and inserting ‘‘ENTI7 TLEMENT’’;

8 (II) in clause (i), by striking ‘‘is

9 eligible’’ and inserting ‘‘is entitled’’;

10 (III) in clause (ii)—

11 (aa) in the heading, by

12 striking ‘‘ELIGIBILITY’’ and in13 serting ‘‘ENTITLEMENT’’; and

14 (bb) by striking ‘‘becomes

15 ineligible’’ and inserting ‘‘is not

16 entitled’’; and

17 (IV) in clause (iii), by striking

18 ‘‘becoming ineligible’’ and inserting

19 ‘‘losing entitlement status’’;

20 (iv) in subparagraph (D)—

21 (I) in the heading, by striking

22 ‘‘MAXIMUM AMOUNT’’ and inserting

23 ‘‘AMOUNT’’; and

24 (II) in clause (i)—
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1 (aa) by striking ‘‘maximum

2 amount’’ and inserting

3 ‘‘amount’’; and

4 (bb) by striking ‘‘is eligible’’

5 and inserting ‘‘is entitled’’; and

6 (v) in subparagraph (E)—

7 (I) in the heading, by striking

8 ‘‘MAXIMUM AMOUNT’’ and inserting

9 ‘‘AMOUNT’’; and

10 (II) in clause (i)(I)—

11 (aa) by striking ‘‘maximum

12 amount’’ and inserting

13 ‘‘amount’’; and

14 (bb) by striking ‘‘is eligible’’

15 and inserting ‘‘is entitled’’;

16 (D) by striking paragraph (3); and

17 (E) in paragraph (4)—

18 (i) in subparagraph (A), by striking

19 ‘‘paragraph (3)’’; and

20 (ii) in subparagraph (B)—

21 (I) in the heading—

22 (aa) by striking ‘‘MAXIMUM

23 AMOUNT’’ and inserting

24 ‘‘AMOUNT’’; and
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1 (bb) by striking ‘‘AND

2 THRESHOLD PAYMENT’’;

3 (II) by striking ‘‘maximum’’ each

4 place it appears; and

5 (III) by striking ‘‘and the learn6 ing opportunity threshold payment

7 under subparagraph (B) or (C) of

8 paragraph (3), as the case may be,’’.

9 (3) CHILDREN WITH DISABILITIES.—Section

10 8003(d)(1) of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 7703(d)(1)) is

12 amended to read as follows:

13 ‘‘(1) IN GENERAL.—The Secretary shall pay to

14 each eligible local educational agency for a fiscal

15 year the amount equal to the difference between—

16 ‘‘(A) the amount equal to the product of—

17 ‘‘(i) the number of children described

18 in subparagraphs (A)(ii), (B), (C), and (D)

19 of subsection (a)(1) who are eligible to re20 ceive services under the Individuals with

21 Disabilities Education Act (20 U.S.C.

22 1400 et seq.); and

23 ‘‘(ii) 40 percent of the average per24 pupil expenditure in public elementary and
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1 secondary schools in the United States;

2 and

3 ‘‘(B) the amount of a grant that the agen4 cy received under section 611 of the Individuals

5 with Disabilities Education Act (20 U.S.C.

6 1411) for the prior fiscal year attributable to

7 children described in subparagraphs (A)(ii),

8 (B), (C), and (D) of subsection (a)(1).

9 (4) HOLD HARMLESS.—Section 8003(e) of the

10 Elementary and Secondary Education Act of 1965

11 (20 U.S.C. 7703(e)) is amended—

12 (A) in paragraph (2) to read as follows:

13 ‘‘(2) AMOUNT.—The total amount provided to a

14 local educational agency under paragraph (1)(A) for

15 a fiscal year 2001 shall not exceed the maximum

16 basic support payment amount for such agency de17 termined under paragraph (1) or (2) of subsection

18 (b) and the total amount provided to a local edu19 cational agency under paragraph (1)(B) for fiscal

20 year 2002 shall not exceed the basic support pay21 ment amount for such agency determined under

22 paragraph (1) or (2) of subsection (b).’’; and

23 (B) by striking paragraph (3).

24 (c) POLICIES AND PROCEDURES RELATING TO CHIL25 DREN RESIDING ON INDIAN LANDS.—Section 8004(e)(8)
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1 of the Elementary and Secondary Education Act of 1965

2 (20 U.S.C. 7704(e)(8)) is amended by striking ‘‘is eligi3 ble’’ and inserting ‘‘is entitled’’.

4 (d) APPLICATION FOR PAYMENTS UNDER SECTIONS

5 8002 and 8003.—Section 8005(b)(1) of the Elementary

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

7 7705(b)(1)) is amended by striking ‘‘eligibility’’ and in8 serting ‘‘entitlement’’.

9 (e) CONSTRUCTION.—Section 8007 of the Elemen10 tary and Secondary Education Act of 1965 (20 U.S.C.

11 7707) is amended—

12 (1) in subsection (a)—

13 (A) in paragraph (1), by striking ‘‘section

14 8014(e)’’ and inserting ‘‘subsection (c)’’; and

15 (B) in paragraph (3), by striking ‘‘section

16 8014(e)’’ each place it appears and inserting

17 ‘‘subsection (c)’’;

18 (2) in subsection (b)(1), by striking ‘‘section

19 8014(e)’’ and inserting ‘‘subsection (c)’’; and

20 (3) by adding at the end the following:

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

22 purpose of carrying out this section, there are authorized

23 to be appropriated sums as may be necessary for each of

24 the fiscal years 2001 through 2003.
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1 (f) FACILITIES.—Section 8008 of the Elementary

2 and Secondary Education Act of 1965 (20 U.S.C. 7708)

3 is amended—

4 (1) in subsection (a), by striking ‘‘section

5 8014(f)’’ and inserting ‘‘subsection (c)’’; and

6 (2) by adding at the end the following:

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

8 purpose of carrying out this section, there are authorized

9 to be appropriated sums as may be necessary for each of

10 the fiscal years 2001 through 2003.

11 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

12 8014 of the Elementary and Secondary Education Act of

13 1965 (20 U.S.C. 7714) is repealed.

14 (h) RULE OF CONSTRUCTION.—Title VIII of the Ele15 mentary and Secondary Education Act of 1965 (20 U.S.C.

16 7701 et seq.), as amended by this Act, is further amended

17 by adding at the end the following:

18 ‘‘SEC. 8014. RULE OF CONSTRUCTION.

19 ‘‘Nothing in this title shall be interpreted to entitle

20 any individual to assistance under any program, project,

21 or activity of a local education agency, State agency, or

22 other governmental entity funded under this title.’’.
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1 SEC. 2. EFFECTIVE DATE.

2 The amendments made by this Act shall take effect

3 on October 1, 2002, or the date of the enactment of this

4 Act, whichever occurs later.

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