I 

108TH CONGRESS 

2D SESSION H. R. 3795

To amend the Impact Aid program under the Elementary and Secondary 

Education Act of 1965 to improve the distribution of school construction 

payments to better meet the needs of military and Indian land school 

districts. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2004

Mr. TERRY (for himself, Mr. SKELTON, Mr. HAYES, Mr. EDWARDS, Mr. 

SAXTON, and Mr. RYUN of Kansas) 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 

distribution of school construction payments to better 

meet the needs of military and Indian land school districts.

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

3 SECTION 1. IMPROVED DISTRIBUTION OF CONSTRUCTION 

4 PAYMENTS. 

5 Section 8007(a) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 7707(a)) is amended—
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1 (1) in paragraph (1), by striking ‘‘40 percent’’ 

2 and inserting ‘‘80 percent’’; 

3 (2) in subparagraphs (A) and (B) of paragraph 

4 (2), by striking ‘‘50 percent’’ each place it appears 

5 and inserting ‘‘40 percent’’; 

6 (3) in paragraph (2) by adding at the end the 

7 following new subparagraphs: 

8 ‘‘(C) The agency is eligible under section 

9 8003(b)(2). 

10 ‘‘(D) The agency is eligible under Section 

11 8003(a)(2)(C). ’’; and 

12 (4) by striking paragraph (3) and inserting the 

13 following: 

14 ‘‘(3) AMOUNT OF PAYMENTS.—The amount of 

15 a payment to each local educational agency de16 scribed in this subsection for a fiscal year shall be—

17 ‘‘(A) not less than the greater of the 

18 amount appropriated as provided under para19 graph (1) for such fiscal year; divided by—

20 ‘‘(i) the number of children deter21 mined under subparagraphs (B), (C), and 

22 (D)(i) of section 8003(a)(1) who were in 

23 average daily attendance for all local edu24 cational agencies described in paragraph 

25 (2), including the number of children at-
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1 tending a school facility described in sec2 tion 8008(a) if the Secretary does not pro3 vide assistance for the school facility under 

4 that section for the fiscal year; multiplied 

5 by 

6 ‘‘(ii) the number of children deter7 mined for such agency; or 

8 ‘‘(B) $25,000.’’. 

9 SEC. 2. COMPETITIVE EMERGENCY AND MODERNIZATION 

10 GRANTS. 

11 Section 8007(b) of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 7707(b)) is amended—

13 (1) in paragraph (1) by striking ‘‘60 percent’’ 

14 and inserting ‘‘20 percent’’; 

15 (2) in paragraph (3)(C)(i)(I) by striking ‘‘the 

16 agency meets at least one’’ and all that follows, and 

17 inserting ‘‘the number of children determined under 

18 section 8003(a)(1)(C) for the agency for the pre19 ceding school year constituted at least 40 percent of 

20 the total student enrollment in the schools of the 

21 agency during the preceding school year.’’; 

22 (3) by striking paragraph (3)(D)(ii)(II) and in23 serting the following: 

24 ‘‘(II) The number of children de25 termined under section 8003(a)(1)(C) 
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1 for the school for the preceding school 

2 year constituted at least 40 percent of 

3 the total student enrollment in the 

4 school during the preceding school 

5 year.’’; and 

6 (4) in paragraph (4)(C) by striking ‘‘(B), (C), 

7 and (D)’’ and inserting ‘‘and (C)’’.

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