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 dis-
tricts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. IMPROVED DISTRIBUTION OF CONSTRUCTION 
PAYMENTS. 
Section 8007(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7707(a)) is amended—
(1) in paragraph (1), by striking ‘‘40 percent’’ 
and inserting ‘‘80 percent’’; 
(2) in subparagraphs (A) and (B) of paragraph 
(2), by striking ‘‘50 percent’’ each place it appears 
and inserting ‘‘40 percent’’; 
(3) in paragraph (2) by adding at the end the 
following new subparagraphs: 
‘‘(C) The agency is eligible under section 
8003(b)(2). 
‘‘(D) The agency is eligible under Section 
8003(a)(2)(C). ’’; and 
(4) by striking paragraph (3) and inserting the 
following: 
‘‘(3) AMOUNT OF PAYMENTS.—The amount of 
a payment to each local educational agency de-
scribed in this subsection for a fiscal year shall be—
‘‘(A) not less than the greater of the 
amount appropriated as provided under para-
graph (1) for such fiscal year; divided by—
‘‘(i) the number of children deter-
mined under subparagraphs (B), (C), and 
(D)(i) of section 8003(a)(1) who were in 
average daily attendance for all local edu-
cational agencies described in paragraph 
(2), including the number of children at-
tending a school facility described in sec-
tion 8008(a) if the Secretary does not pro-
vide assistance for the school facility under 
that section for the fiscal year; multiplied 
by 
‘‘(ii) the number of children deter-
mined for such agency; or 
‘‘(B) $25,000.’’. 
SEC. 2. COMPETITIVE EMERGENCY AND MODERNIZATION 
GRANTS. 
Section 8007(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7707(b)) is amended—
(1) in paragraph (1) by striking ‘‘60 percent’’ 
and inserting ‘‘20 percent’’; 
(2) in paragraph (3)(C)(i)(I) by striking ‘‘the 
agency meets at least one’’ and all that follows, and 
inserting ‘‘the number of children determined under 
section 8003(a)(1)(C) for the agency for the pre-
ceding school year constituted at least 40 percent of 
the total student enrollment in the schools of the 
agency during the preceding school year.’’; 
(3) by striking paragraph (3)(D)(ii)(II) and in-
serting the following: 
‘‘(II) The number of children de-
termined under section 8003(a)(1)(C)
for the school for the preceding school 
year constituted at least 40 percent of 
the total student enrollment in the 
school during the preceding school 
year.’’; and 
(4) in paragraph (4)(C) by striking ‘‘(B), (C), 
and (D)’’ and inserting ‘‘and (C)’’.
Æ