106TH CONGRESS
2D SESSION
H. R. 3616
AN ACT
To reauthorize the impact aid program under the
Elementary and Secondary Education Act of
1965, and for other purposes.
106TH CONGRESS
2D SESSION
H. R. 3616
AN ACT
To reauthorize the impact aid program under the Elementary
and Secondary Education Act of 1965, and for other
purposes.
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 ‘‘Impact Aid Reauthor-
ization Act of 2000’’.
SEC. 2. PURPOSE.
Section 8001 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7701) is amended—
(1) in the matter preceding paragraph (1)—
(A) by inserting after ‘‘educational services
to federally connected children’’ the following:
‘‘in a manner that promotes control by local
educational agencies with little or no Federal or
State involvement’’; and
(B) by inserting after ‘‘certain activities of
the Federal Government’’ the following: ‘‘, such
as activities to fulfill the responsibilities of the
Federal Government with respect to Indian
tribes and activities under section 514 of the
Soldiers’ and Sailors’ Civil Relief Act of 1940
(50 U.S.C. App. 574),’’;
(2) in paragraph (4), by adding ‘‘or’’ at the
end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as para-
graph (5); and
(5) in paragraph (5) (as redesignated), by in-
serting before the period at the end the following:
‘‘and because of the difficulty of raising local rev-
enue through bond referendums for capital projects
due to the inability to tax Federal property’’.
SEC. 3. PAYMENTS RELATING TO FEDERAL ACQUISITION
OF REAL PROPERTY.
(a) FISCAL YEAR REQUIREMENT.—Section 8002(a)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702(a)) is amended in the matter preceding
paragraph (1) by striking ‘‘1999’’ and inserting ‘‘2005’’.
(b) AMOUNT.—
(1) 
INSUFFICIENT
FUNDS.—Section
8002(b)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is
amended by striking ‘‘shall ratably reduce the pay-
ment to each eligible local educational agency’’ and
inserting ‘‘shall calculate the payment for each eligi-
ble local educational agency in accordance with sub-
section (h)’’.
(2) MAXIMUM AMOUNT.—Section 8002(b)(1)(C)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(b)(1)(C)) is amended by add-
ing at the end before the period the following: ‘‘, or
the maximum amount that such agency is eligible to
receive for such fiscal year under this section, which-
ever is greater’’.
‘‘(B) AMOUNT.—The amount of a payment
under subparagraph (A) for a local educational
agency shall be equal to 37 percent of the pay-
ment amount the local educational agency was
eligible to receive under section 2 of the Act of
September 30, 1950, for fiscal year 1994 (or if
the local educational agency was not eligible to
receive a payment under such section 2 for fis-
cal year 1994, the payment that local edu-
cational agency was eligible to receive under
such section 2 for the most recent fiscal year
preceding 1994).
‘‘(C) INSUFFICIENT APPROPRIATIONS.—If
the amount appropriated under section 8014(a)
is insufficient to pay the full amount deter-
mined under this paragraph for all eligible local
educational agencies for the fiscal year, then
the Secretary shall ratably reduce the payment
to each local educational agency under this
paragraph.
‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—
‘‘(A) IN
GENERAL.—From any amounts
remaining after making payments under para-
graph (1) for the fiscal year involved, the Sec-
retary shall make a payment to each eligible
local educational agency that received a pay-
ment under this section for fiscal year 1995.
‘‘(B) AMOUNT.—The amount of a payment
under subparagraph (A) for a local educational
agency shall be determined as follows:
‘‘(i) Calculate the difference between
the amount appropriated to carry out this
section for fiscal year 1995 and the total
amount of foundation payments made
under paragraph (1) for the fiscal year.
‘‘(ii) Determine the percentage share
for each local educational agency that re-
ceived a payment under this section for fis-
cal year 1995 by dividing the assessed
value of the Federal property of the local
educational agency for fiscal year 1995 de-
termined in accordance with subsection
(b)(3), by the total national assessed value
of the Federal property of all such local
educational agencies for fiscal year 1995,
as so determined.
‘‘(iii) Multiply the percentage share
described in clause (ii) for the local edu-
cational agency by the amount determined
under clause (i).
‘‘(3) SUBSECTION (i) RECIPIENTS.—From any
funds remaining after making payments under para-
graphs (1) and (2) for the fiscal year involved, the
Secretary shall make payments in accordance with
subsection (i).
‘‘(4) REMAINING FUNDS.—From any funds re-
maining after making payments under paragraphs
(1), (2), and (3) for the fiscal year involved—
‘‘(A) the Secretary shall make a payment
to each local educational agency that received a
foundation payment under paragraph (1) for
the fiscal year involved in an amount that bears
the same relation to 25 percent of the remain-
der as the amount the local educational agency
received under paragraph (1) for the fiscal year
involved bears to the amount all local edu-
cational agencies received under paragraph (1)
for the fiscal year involved; and
‘‘(B) the Secretary shall make a payment
to each local educational agency that is eligible
to receive a payment under this section for the
fiscal year involved in an amount that bears the
same relation to 75 percent of the remainder as
a percentage share determined for the local
educational agency (in the same manner as per-
centage shares are determined for local edu-
cational agencies under paragraph (2)(B)(ii))
bears to the percentage share determined (in
the same manner) for all local educational
agencies eligible to receive a payment under this
section for the fiscal year involved, except that
for the purpose of calculating a local edu-
cational agency’s assessed value of the Federal
property, data from the most current fiscal year
shall be used.’’.
(d) SPECIAL PAYMENTS.—
(1) IN GENERAL.—Section 8002(i)(1) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7702(i)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—For any fiscal year begin-
ning with fiscal year 2000 for which the amount ap-
propriated to carry out this section exceeds the
amount so appropriated for fiscal year 1996 and for
which subsection (b)(1)(B) applies, the Secretary
shall use the remainder described in subsection
(h)(3) for the fiscal year involved (not to exceed the
amount equal to the difference between (A) the
amount appropriated to carry out this section for
fiscal year 1997 and (B) the amount appropriated to
carry out this section for fiscal year 1996) to in-
crease the payment that would otherwise be made
under this section to not more than 50 percent of
the maximum amount determined under subsection
(b) for any local educational agency described in
paragraph (2).’’.
(2) CONFORMING AMENDMENT.—The heading
of section 8002(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)) is
amended by striking ‘‘PRIORITY’’ and inserting SPE-
CIAL’’.
(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL
EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-
ERTY ACQUISITION.—Section 8002(j)(2) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7702(j)(2)) is amended—
(1) by striking ‘‘(A) A local educational agen-
cy’’ and inserting ‘‘A local educational agency’’;
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by
adding at the end before the semicolon the following:
‘‘and such agency does not currently have a military
installation located within its geographic bound-
aries’’.
agency not later than 12 months after the ap-
plication deadline established under section
8005(c), except that any local educational agen-
cy failing to submit all of the data required
under subparagraph (A) shall be denied such
payment for the fiscal year for which the appli-
cation is made unless funds from a source other
than the Act described in subparagraph (B) are
made available to provide such payment.
‘‘(2) ELIGIBILITY
FOR
PAYMENTS
IN
SUBSE-
QUENT YEARS.—The denial of a payment under sub-
section (b) to a local educational agency for a fiscal
year pursuant to this subsection shall not affect the
eligibility of the local educational agency for a final
payment under subsection (b) for a subsequent fiscal
year.’’.
SEC. 4. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.
(a) MILITARY INSTALLATION HOUSING UNDERGOING
RENOVATION OR REBUILDING.—
(1) IN GENERAL.—Section 8003(a)(4) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(a)) is amended—
(A) in the heading, by striking ‘‘UNDER-
GOING
RENOVATION’’ and inserting ‘‘UNDER-
GOING RENOVATION OR REBUILDING’’;
(B) by striking ‘‘For purposes’’ and insert-
ing the following:
‘‘(A) IN GENERAL.—For purposes’’;
(C) in subparagraph (A) (as designated by
subparagraph (B)), by inserting ‘‘or rebuilding’’
after ‘‘undergoing renovation’’; and
(D) by adding at the end the following:
‘‘(B) LIMITATIONS.—(i)(I) Except as pro-
vided in subclause (II), children described in
paragraph (1)(D)(i) may be deemed to be chil-
dren described in paragraph (1)(B) with respect
to housing on Federal property undergoing ren-
ovation or rebuilding in accordance with sub-
paragraph (A) for a period not to exceed 2 fis-
cal years.
‘‘(II) If the Secretary determines, on the
basis of a certification provided to the Secretary
by a designated representative of the Secretary
of Defense, that the expected completion date of
the renovation or rebuilding of the housing has
been delayed by not less than 1 year, then—
‘‘(aa) in the case of a determination
made by the Secretary in the first fiscal
year described in subclause (I), the time
period described such subclause shall be
extended by the Secretary for an additional
2 years; and
‘‘(bb) in the case of a determination
made by the Secretary in the second fiscal
year described in subclause (I), the time
period described such subclause shall be
extended by the Secretary for an additional
1 year.
‘‘(ii) The number of children described in
paragraph (1)(D)(i) who are deemed to be chil-
dren described in paragraph (1)(B) with respect
to housing on Federal property undergoing ren-
ovation or rebuilding in accordance with sub-
paragraph (A) for any fiscal year may not ex-
ceed the maximum number of children who are
expected to occupy that housing upon comple-
tion of the renovation or rebuilding.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply with respect to pay-
ments to a local educational agency for fiscal years
beginning before, on, or after the date of the enact-
ment of this Act.
(b) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUS-
ING.—Section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended
by adding at the end the following:
‘‘(5) MILITARY ‘BUILD
TO
LEASE’ PROGRAM
HOUSING.—
‘‘(A) IN GENERAL.—For purposes of com-
puting the amount of payment for a local edu-
cational agency for children identified under
paragraph (1), the Secretary shall consider chil-
dren residing in housing initially acquired or
constructed under the former section 2828(g) of
title 10, United States Code (commonly known
as the ‘Build to Lease’ program), as added by
section 801 of the Military Construction Au-
thorization Act, 1984, to be children described
under paragraph (1)(B) if the property de-
scribed is within the fenced security perimeter
of the military facility upon which such housing
is situated.
‘‘(B) ADDITIONAL REQUIREMENTS.—If the
property described in subparagraph (A) is not
owned by the Federal Government, is subject to
taxation by a State or political subdivision of a
State, and thereby generates revenues for a
local educational agency that is applying to re-
ceive a payment under this section, then the
Secretary—
‘‘(i) shall require the local educational
agency to provide certification from an ap-
propriate official of the Department of De-
fense that the property is being used to
provide military housing; and
‘‘(ii) shall reduce the amount of the
payment under this section by an amount
equal to the amount of revenue from such
taxation received in the second preceding
fiscal year by such local educational agen-
cy, unless the amount of such revenue was
taken into account by the State for such
second preceding fiscal year and already
resulted in a reduction in the amount of
State aid paid to such local educational
agency.’’.
SEC. 5. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.
Section 8003(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(1)) is amended
by adding at the end the following: