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 re-
ferred 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 edu-
cational agencies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM. 
(a) PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY.—Section 8002 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7702) 
is amended—
(1) in subsection (a), by striking ‘‘shall be eligi-
ble’’ and inserting ‘‘is entitled’’; and 
(2) by striking subsections (h), (i), and (j). 
(b) PAYMENTS
FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN.—
(1) 
COMPUTATION
OF
PAYMENT.—Section 
8003(a)(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(a)(1)) is 
amended by striking ‘‘is eligible’’ and inserting ‘‘is 
entitled’’. 
(2) BASIC SUPPORT PAYMENTS AND PAYMENTS 
WITH RESPECT TO FISCAL YEARS IN WHICH INSUF-
FICIENT
FUNDS
ARE
APPROPRIATED.—Section 
8003(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(b)) is amend-
ed—
(A) in the heading, by striking ‘‘AND PAY-
MENTS WITH RESPECT TO FISCAL YEARS IN 
WHICH
INSUFFICIENT
FUNDS
ARE
APPRO-
PRIATED’’; 
(B) in paragraph (1)—
(i) in subparagraph (A), by striking 
‘‘From the amount appropriated under sec-
tion 8014(b) for a fiscal year, the Sec-
retary is authorized to’’ and inserting 
‘‘The Secretary shall’’; 
(ii) in subparagraph (B)—
(I) in the heading, by striking 
‘‘ELIGIBILITY’’ and inserting ‘‘ENTI-
TLEMENT’’; and 
(II) by striking ‘‘is eligible’’ and 
inserting ‘‘is entitled’’; and 
(iii) in subparagraph (C)—
(I) in the heading, by striking 
‘‘MAXIMUM
AMOUNT’’ and inserting 
‘‘AMOUNT’’; 
(II) 
by 
striking 
‘‘maximum 
amount’’ and inserting ‘‘amount’’; and 
(III) by striking ‘‘is eligible’’ and 
inserting ‘‘is entitled’’; 
(C) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i), by striking 
‘‘From 
the 
amount 
appropriated 
under section 8014(b) for a fiscal 
year, the Secretary is authorized to’’
and inserting ‘‘The Secretary shall’’; 
and
(II) in clause (ii), by striking ‘‘el-
igible’’ and inserting ‘‘entitled’’; 
(ii) in subparagraph (B)—
(I) in the heading, by striking 
‘‘ELIGIBILITY’’ and inserting ‘‘ENTI-
TLEMENT’’; 
(II) in clause (i), by striking ‘‘is 
eligible’’ and inserting ‘‘is entitled’’; 
(III) in clause (ii)—
(aa) in the heading, by 
striking ‘‘ELIGIBILITY’’ and in-
serting ‘‘ENTITLEMENT’’; 
(bb) by striking ‘‘shall be in-
eligible’’ and inserting ‘‘shall not 
be entitled’’; and 
(cc) by striking ‘‘ineligi-
bility’’ and inserting ‘‘non-entitle-
ment’’; and 
(IV) in clause (iii)—
(aa) in the heading, by 
striking ‘‘ELIGIBILITY’’ and in-
serting ‘‘ENTITLEMENT’’;
(bb) by striking ‘‘becomes 
ineligible’’ and inserting ‘‘is not 
entitled’’; and 
(cc) by striking ‘‘eligibility’’ 
each place it appears and insert-
ing ‘‘entitlement’’; 
(iii) in subparagraph (C)—
(I) in the heading, by striking 
‘‘ELIGIBILITY’’ and inserting ‘‘ENTI-
TLEMENT’’; 
(II) in clause (i), by striking ‘‘is 
eligible’’ and inserting ‘‘is entitled’’; 
(III) in clause (ii)—
(aa) in the heading, by 
striking ‘‘ELIGIBILITY’’ and in-
serting ‘‘ENTITLEMENT’’; and 
(bb) by striking ‘‘becomes 
ineligible’’ and inserting ‘‘is not 
entitled’’; and 
(IV) in clause (iii), by striking 
‘‘becoming ineligible’’ and inserting 
‘‘losing entitlement status’’; 
(iv) in subparagraph (D)—
(I) in the heading, by striking 
‘‘MAXIMUM
AMOUNT’’ and inserting 
‘‘AMOUNT’’; and 
(II) in clause (i)—
(aa) by striking ‘‘maximum 
amount’’ 
and 
inserting 
‘‘amount’’; and 
(bb) by striking ‘‘is eligible’’ 
and inserting ‘‘is entitled’’; and 
(v) in subparagraph (E)—
(I) in the heading, by striking 
‘‘MAXIMUM
AMOUNT’’ and inserting 
‘‘AMOUNT’’; and 
(II) in clause (i)(I)—
(aa) by striking ‘‘maximum 
amount’’ 
and 
inserting 
‘‘amount’’; and 
(bb) by striking ‘‘is eligible’’ 
and inserting ‘‘is entitled’’; 
(D) by striking paragraph (3); and 
(E) in paragraph (4)—
(i) in subparagraph (A), by striking 
‘‘paragraph (3)’’; and 
(ii) in subparagraph (B)—
(I) in the heading—
(aa) by striking ‘‘MAXIMUM 
AMOUNT’’ 
and 
inserting 
‘‘AMOUNT’’; and 
(bb) 
by 
striking 
‘‘AND 
THRESHOLD PAYMENT’’; 
(II) by striking ‘‘maximum’’ each 
place it appears; and 
(III) by striking ‘‘and the learn-
ing opportunity threshold payment 
under subparagraph (B) or (C) of 
paragraph (3), as the case may be,’’. 
(3) CHILDREN
WITH
DISABILITIES.—Section 
8003(d)(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(d)(1)) is 
amended to read as follows: 
‘‘(1) IN GENERAL.—The Secretary shall pay to 
each eligible local educational agency for a fiscal 
year the amount equal to the difference between—
‘‘(A) the amount equal to the product of—
‘‘(i) the number of children described 
in subparagraphs (A)(ii), (B), (C), and (D) 
of subsection (a)(1) who are eligible to re-
ceive services under the Individuals with 
Disabilities Education Act (20 U.S.C. 
1400 et seq.); and
‘‘(ii) 40 percent of the average per-
pupil expenditure in public elementary and
secondary schools in the United States; 
and 
‘‘(B) the amount of a grant that the agen-
cy received under section 611 of the Individuals 
with Disabilities Education Act (20 U.S.C. 
1411) for the prior fiscal year attributable to 
children described in subparagraphs (A)(ii), 
(B), (C), and (D) of subsection (a)(1).’’. 
(4) HOLD HARMLESS.—Section 8003(e) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7703(e)) is amended—
(A) in paragraph (2) to read as follows: 
‘‘(2) AMOUNT.—The total amount provided to a 
local educational agency under paragraph (1)(A) for 
fiscal year 2004 shall not exceed the maximum basic 
support payment amount for such agency deter-
mined under paragraph (1) or (2) of subsection (b) 
and the total amount provided to a local educational 
agency under paragraph (1)(B) for fiscal year 2005 
shall not exceed the basic support payment amount 
for such agency determined under paragraph (1) or 
(2) of subsection (b).’’; and 
(B) by striking paragraph (3).
(c) POLICIES AND PROCEDURES RELATING TO CHIL-
DREN RESIDING ON INDIAN LANDS.—Section 8004(e)(8) 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7704(e)(8)) is amended by striking ‘‘is eligi-
ble’’ and inserting ‘‘is entitled’’. 
(d) APPLICATION FOR PAYMENTS UNDER SECTIONS 
8002 and 8003.—Section 8005(b)(1) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7705(b)(1)) is amended by striking ‘‘eligibility’’ and in-
serting ‘‘entitlement’’. 
(e) CONSTRUCTION.—Section 8007 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
7707) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘subsection (c)’’; and 
(B) in paragraph (3), by striking ‘‘section 
8014(e)’’ each place it appears and inserting 
‘‘subsection (c)’’; 
(2) in subsection (b)(1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘subsection (c)’’; and 
(3) by adding at the end the following: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized
to be appropriated sums as may be necessary for each of 
the fiscal years 2004 through 2006.’’. 
(f) FACILITIES.—Section 8008 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7708) 
is amended—
(1) in subsection (a), by striking ‘‘section 
8014(f)’’ and inserting ‘‘subsection (c)’’; and 
(2) by adding at the end the following: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated sums as may be necessary for each of 
the fiscal years 2004 through 2006.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
8014 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7714) is repealed. 
(h) RULE OF CONSTRUCTION.—Title VIII of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7701 et seq.), as amended by this Act, is further amended 
by adding at the end the following: 
‘‘SEC. 8014. RULE OF CONSTRUCTION. 
‘‘Nothing in this title shall be interpreted to entitle 
any individual to assistance under any program, project, 
or activity of a local education agency, State agency, or 
other governmental entity funded under this title.’’.
SEC. 2. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on October 1, 2003, or the date of the enactment of this 
Act, whichever occurs later.
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