I 
110TH CONGRESS 
1ST SESSION 
H. R. 318 
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 
JANUARY 5, 2007 
Mr. TERRY (for himself, Mr. SAXTON, Mr. HAYES, Mr. ETHERIDGE, Mr. 
PAUL, Mrs. BLACKBURN, Mr. GRIJALVA, and Mr. PALLONE) introduced 
the following bill; which was referred to the Committee on Education and 
Labor 
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. 
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Section 8007(a) of the Elementary and Sec-
ondary 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) or is receiving a basic support pay-
ment under circumstances described in section 
8003(b)(2)(B)(ii). 
‘‘(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— 
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‘‘(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; 
‘‘(B) not less than $25,000, except that 
this subparagraph shall not apply if the amount 
available to carry out paragraph (1) for such 
fiscal year is less than $32,000,000; and 
‘‘(C) not more than $3,000,000.’’. 
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’’; 
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(2) in paragraph (3)(A) by inserting after ‘‘an 
emergency grant under paragraph (2)(A)’’ the fol-
lowing: ‘‘if the agency is covered by paragraph (7), 
or’’. 
(3) 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.’’; 
(4) 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.’’; 
(5) in paragraph (4)(C) by striking ‘‘(B), (C), 
and (D)’’ and inserting ‘‘and (C)’’; 
(6) by redesignating paragraph (7) as para-
graph (8); and 
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(7) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) SPECIAL
RULE.—Notwithstanding para-
graph (3)(C)(i)(I) and (3)(D)(ii)(II), a local edu-
cational agency is eligible to receive a grant under 
this subsection not to exceed $3,000,000 in any one 
fiscal year if such agency— 
‘‘(A) was eligible to receive a payment 
under section 8003 for the fiscal year prior to 
the year for which the application is made; and 
‘‘(B) has had an overall increase in enroll-
ment— 
‘‘(i) during the period between the end 
of the school year preceding the fiscal year 
for which the application is made and the 
beginning of the school year immediately 
preceding that school year; 
‘‘(ii) of which not less than 250, or 
not less than 10 percent (whichever is 
lower), are children described in— 
‘‘(I) subparagraphs (A), (B), (C), 
or (D) of section 8003(a)(1); or 
‘‘(II) subparagraphs (F) or (G) 
of section 8003(a)(1), but only to the 
extent such children are civilian de-
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pendents of employees of the Depart-
ment of Defense; and 
‘‘(iii) that is the direct result of one or 
more of the following: 
‘‘(I) Base realignment and clo-
sure or global rebasing, as determined 
by the Secretary of Defense. 
‘‘(II) Force structure changes or 
force relocations. 
‘‘(III) An action initiated by the 
Secretary of Interior or other federal 
agency.’’. 
Æ 
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