I
106TH CONGRESS
1ST SESSION
H. R. 995
To provide a direct check for education.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1999
Mrs. EMERSON (for herself, Mr. BLUNT, Mr. HULSHOF, and Mr. TALENT) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To provide a direct check for education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Direct Check for Edu-
cation Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) education should be a national priority but
must remain a local responsibility;
(2) the Federal Government’s regulations and
involvement often creates barriers and obstacles to
local creativity and reform;
(3) parents, teachers, and local school districts
must be allowed and empowered to set local edu-
cation priorities; and
(4) schools and education professionals must be
accountable to the people and children served.
SEC. 3. DEFINITIONS.
In this Act:
(1) LOCAL EDUCATIONAL AGENCY.—The term
‘‘local educational agency’’ has the meaning given
the term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(3) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the United States Virgin
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGEN-
CIES.
(a) DIRECT AWARDS.—From amounts appropriated
under subsection (b) and not used to carry out subsection
(c), the Secretary shall make direct awards to local edu-
cational agencies in amounts determined under subsection
(e) to enable the local educational agencies to support pro-
grams or activities, for kindergarten through grade 12
students, that the local educational agencies deem appro-
priate.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this Act
$3,500,000,000 for each of the fiscal years 2000 and
2001, $4,000,000,000 for each of the fiscal years 2002
and 2003, and $5,000,000,000 for fiscal year 2004.
(c) MULTIYEAR AWARDS.—The Secretary shall use
funds appropriated under subsection (b) for each fiscal
year to continue to make payments to eligible recipients
pursuant to any multiyear award made prior to the date
of enactment of this Act under the provisions of law re-
pealed under subsection (d). The payments shall be made
for the duration of the multiyear award.
(d) REPEALS.—The following provisions of law are
repealed:
(1) The Goals 2000: Educate America Act (20
U.S.C. 5801 et seq.).
(2) Section 307 of the Department of Edu-
cation Appropriations Act, 1999.
(3) Title III of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6801 et seq.).
(4) Part B of title VI of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7331
et seq.).
(5) Part A of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8001
et seq.).
(6) The School-to-Work Opportunities Act of
1994 (20 U.S.C. 6101 et seq.).
(e) DETERMINATION OF AMOUNT.—
(1) PER CHILD AMOUNT.—The Secretary, using
the information provided under subsection (f), shall
determine a per child amount for a year by dividing
the total amount appropriated under subsection (b)
for the year, by the total number of kindergarten
through grade 12 students in average daily attend-
ance in all States for the preceding year.
(2) LOCAL
EDUCATIONAL
AGENCY
AWARD.—
The Secretary, using the information provided under
subsection (f), shall determine the amount provided
to each local educational agency under this section
for a year by multiplying—
(A) the per child amount determined under
paragraph (1) for the year; by
(B) the number of kindergarten through
grade 12 students in average daily attendance
that are served by the local educational agency
for the preceding year.
(f) CENSUS DETERMINATION.—
(1) IN GENERAL.—Each local educational agen-
cy shall conduct a census to determine the number
of kindergarten through grade 12 students in aver-
age daily attendance that are served by the local
educational agency not later than December 1 of
each year.
(2) SUBMISSION.—Each local educational agen-
cy shall submit the number described in paragraph
(1) to the Secretary not later than March 1 of each
year.
(g) PENALTY.—If the Secretary determines that a
local educational agency has knowingly submitted false in-
formation under subsection (f) for the purpose of gaining
additional funds under this section, then the local edu-
cational agency shall be fined an amount equal to twice
the difference between the amount the local educational
agency received under this section, and the correct amount
the local educational agency would have received under