I 

108TH CONGRESS 

1ST SESSION H. R. 932

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 

FEBRUARY 26, 2003

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

Mr. THOMPSON of California, Mr. BLUMENAUER, Mr. MCINTYRE, Mr. 

COSTELLO, Mr. FILNER, Mr. SCHROCK, Mr. RUSH, Mr. DAVIS of Illinois, 

Mr. RODRIGUEZ, Mr. GREEN of Wisconsin, Mrs. KELLY, Mr. BELL, Mr. 

RENZI, Mrs. TAUSCHER, Mrs. JO ANN DAVIS of Virginia, Mr. HONDA, 

Mr. STENHOLM, Mr. UDALL of New Mexico, Mr. SIMMONS, Mr. HERGER, 

Mr. TAYLOR of Mississippi, Mrs. MCCARTHY of New York, Mr. PAYNE, 

Mr. PETERSON of Minnesota, Mr. HINCHEY, Mr. CARSON of Oklahoma, 

Mr. INSLEE, and Mr. EVANS) 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,
2

•HR 932 IH 

1 SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM. 

2 (a) PAYMENTS RELATING TO FEDERAL ACQUISITION

3 OF REAL PROPERTY.—Section 8002 of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 7702) 

5 is amended—

6 (1) in subsection (a), by striking ‘‘shall be eligi7 ble’’ and inserting ‘‘is entitled’’; and 

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

9 (b) PAYMENTS FOR ELIGIBLE FEDERALLY CON10 NECTED CHILDREN.—

11 (1) COMPUTATION OF PAYMENT.—Section 

12 8003(a)(1) of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 7703(a)(1)) is 

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

15 entitled’’. 

16 (2) BASIC SUPPORT PAYMENTS AND PAYMENTS

17 WITH RESPECT TO FISCAL YEARS IN WHICH INSUF18 FICIENT FUNDS ARE APPROPRIATED.—Section 

19 8003(b) of the Elementary and Secondary Edu20 cation Act of 1965 (20 U.S.C. 7703(b)) is amend21 ed—

22 (A) in the heading, by striking ‘‘AND PAY23 MENTS WITH RESPECT TO FISCAL YEARS IN

24 WHICH INSUFFICIENT FUNDS ARE APPRO25 PRIATED’’; 

26 (B) in paragraph (1)—
3

•HR 932 IH 

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

2 ‘‘From the amount appropriated under sec3 tion 8014(b) for a fiscal year, the Sec4 retary is authorized to’’ and inserting 

5 ‘‘The Secretary shall’’; 

6 (ii) in subparagraph (B)—

7 (I) in the heading, by striking 

8 ‘‘ELIGIBILITY’’ and inserting ‘‘ENTI9 TLEMENT’’; and 

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

11 inserting ‘‘is entitled’’; and 

12 (iii) in subparagraph (C)—

13 (I) in the heading, by striking 

14 ‘‘MAXIMUM AMOUNT’’ and inserting 

15 ‘‘AMOUNT’’; 

16 (II) by striking ‘‘maximum 

17 amount’’ and inserting ‘‘amount’’; and 

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

19 inserting ‘‘is entitled’’; 

20 (C) in paragraph (2)—

21 (i) in subparagraph (A)—

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

23 ‘‘From the amount appropriated 

24 under section 8014(b) for a fiscal 

25 year, the Secretary is authorized to’’ 
4

•HR 932 IH 

1 and inserting ‘‘The Secretary shall’’; 

2 and

3 (II) in clause (ii), by striking ‘‘el4 igible’’ and inserting ‘‘entitled’’; 

5 (ii) in subparagraph (B)—

6 (I) in the heading, by striking 

7 ‘‘ELIGIBILITY’’ and inserting ‘‘ENTI8 TLEMENT’’; 

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

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

11 (III) in clause (ii)—

12 (aa) in the heading, by 

13 striking ‘‘ELIGIBILITY’’ and in14 serting ‘‘ENTITLEMENT’’; 

15 (bb) by striking ‘‘shall be in16 eligible’’ and inserting ‘‘shall not 

17 be entitled’’; and 

18 (cc) by striking ‘‘ineligi19 bility’’ and inserting ‘‘non-entitle20 ment’’; and 

21 (IV) in clause (iii)—

22 (aa) in the heading, by 

23 striking ‘‘ELIGIBILITY’’ and in24 serting ‘‘ENTITLEMENT’’; 
5

•HR 932 IH 

1 (bb) by striking ‘‘becomes 

2 ineligible’’ and inserting ‘‘is not 

3 entitled’’; and 

4 (cc) by striking ‘‘eligibility’’ 

5 each place it appears and insert6 ing ‘‘entitlement’’; 

7 (iii) in subparagraph (C)—

8 (I) in the heading, by striking 

9 ‘‘ELIGIBILITY’’ and inserting ‘‘ENTI10 TLEMENT’’; 

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

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

13 (III) in clause (ii)—

14 (aa) in the heading, by 

15 striking ‘‘ELIGIBILITY’’ and in16 serting ‘‘ENTITLEMENT’’; and 

17 (bb) by striking ‘‘becomes 

18 ineligible’’ and inserting ‘‘is not 

19 entitled’’; and 

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

21 ‘‘becoming ineligible’’ and inserting 

22 ‘‘losing entitlement status’’; 

23 (iv) in subparagraph (D)—
6

•HR 932 IH 

1 (I) in the heading, by striking 

2 ‘‘MAXIMUM AMOUNT’’ and inserting 

3 ‘‘AMOUNT’’; and 

4 (II) in clause (i)—

5 (aa) by striking ‘‘maximum 

6 amount’’ and inserting 

7 ‘‘amount’’; and 

8 (bb) by striking ‘‘is eligible’’ 

9 and inserting ‘‘is entitled’’; and 

10 (v) in subparagraph (E)—

11 (I) in the heading, by striking 

12 ‘‘MAXIMUM AMOUNT’’ and inserting 

13 ‘‘AMOUNT’’; and 

14 (II) in clause (i)(I)—

15 (aa) by striking ‘‘maximum 

16 amount’’ and inserting 

17 ‘‘amount’’; and 

18 (bb) by striking ‘‘is eligible’’ 

19 and inserting ‘‘is entitled’’; 

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

21 (E) in paragraph (4)—

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

23 ‘‘paragraph (3)’’; and 

24 (ii) in subparagraph (B)—

25 (I) in the heading—
7

•HR 932 IH 

1 (aa) by striking ‘‘MAXIMUM

2 AMOUNT’’ and inserting 

3 ‘‘AMOUNT’’; and 

4 (bb) by striking ‘‘AND

5 THRESHOLD PAYMENT’’; 

6 (II) by striking ‘‘maximum’’ each 

7 place it appears; and 

8 (III) by striking ‘‘and the learn9 ing opportunity threshold payment 

10 under subparagraph (B) or (C) of 

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

12 (3) CHILDREN WITH DISABILITIES.—Section 

13 8003(d)(1) of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7703(d)(1)) is 

15 amended to read as follows: 

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

17 each eligible local educational agency for a fiscal 

18 year the amount equal to the difference between—

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

20 ‘‘(i) the number of children described 

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

22 of subsection (a)(1) who are eligible to re23 ceive services under the Individuals with 

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

25 1400 et seq.); and 
8

•HR 932 IH 

1 ‘‘(ii) 40 percent of the average per2 pupil expenditure in public elementary and

3 secondary schools in the United States; 

4 and 

5 ‘‘(B) the amount of a grant that the agen6 cy received under section 611 of the Individuals 

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

8 1411) for the prior fiscal year attributable to 

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

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

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

12 Elementary and Secondary Education Act of 1965 

13 (20 U.S.C. 7703(e)) is amended—

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

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

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

17 fiscal year 2004 shall not exceed the maximum basic 

18 support payment amount for such agency deter19 mined under paragraph (1) or (2) of subsection (b) 

20 and the total amount provided to a local educational 

21 agency under paragraph (1)(B) for fiscal year 2005 

22 shall not exceed the basic support payment amount 

23 for such agency determined under paragraph (1) or 

24 (2) of subsection (b).’’; and 

25 (B) by striking paragraph (3). 
9

•HR 932 IH 

1 (c) POLICIES AND PROCEDURES RELATING TO CHIL2 DREN RESIDING ON INDIAN LANDS.—Section 8004(e)(8) 

3 of the Elementary and Secondary Education Act of 1965 

4 (20 U.S.C. 7704(e)(8)) is amended by striking ‘‘is eligi5 ble’’ and inserting ‘‘is entitled’’. 

6 (d) APPLICATION FOR PAYMENTS UNDER SECTIONS

7 8002 and 8003.—Section 8005(b)(1) of the Elementary 

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

9 7705(b)(1)) is amended by striking ‘‘eligibility’’ and in10 serting ‘‘entitlement’’. 

11 (e) CONSTRUCTION.—Section 8007 of the Elemen12 tary and Secondary Education Act of 1965 (20 U.S.C. 

13 7707) is amended—

14 (1) in subsection (a)—

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

16 8014(e)’’ and inserting ‘‘subsection (c)’’; and 

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

18 8014(e)’’ each place it appears and inserting 

19 ‘‘subsection (c)’’; 

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

21 8014(e)’’ and inserting ‘‘subsection (c)’’; and 

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

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

24 purpose of carrying out this section, there are authorized 
10

•HR 932 IH 

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

2 the fiscal years 2004 through 2006.’’. 

3 (f) FACILITIES.—Section 8008 of the Elementary 

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

5 is amended—

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

7 8014(f)’’ and inserting ‘‘subsection (c)’’; and 

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

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

10 purpose of carrying out this section, there are authorized 

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

12 the fiscal years 2004 through 2006.’’. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 8014 of the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 7714) is repealed. 

16 (h) RULE OF CONSTRUCTION.—Title VIII of the Ele17 mentary and Secondary Education Act of 1965 (20 U.S.C. 

18 7701 et seq.), as amended by this Act, is further amended 

19 by adding at the end the following: 

20 ‘‘SEC. 8014. RULE OF CONSTRUCTION. 

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

22 any individual to assistance under any program, project, 

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

24 other governmental entity funded under this title.’’. 
11

•HR 932 IH 

1 SEC. 2. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 on October 1, 2003, or the date of the enactment of this 

4 Act, whichever occurs later.

Æ