[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 932 Introduced in House (IH)]
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 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 delivery of payments under the
program to local educational agencies.
Be it enacted by the Senate and House of Representatives 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 eligible''
and inserting ``is entitled''; and
(2) by striking subsections (h), (i), and (j).
(b) Payments for Eligible Federally Connected Children.--
(1) Computation of payment.--Section 8003(a)(1) of the
Elementary and Secondary Education 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 insufficient funds are appropriated.--
Section 8003(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)) is amended--
(A) in the heading, by striking ``and Payments With
Respect to Fiscal Years in Which Insufficient Funds Are
Appropriated'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``From
the amount appropriated under section 8014(b)
for a fiscal year, the Secretary is authorized
to'' and inserting ``The Secretary shall'';
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement''; 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
``eligible'' and inserting
``entitled'';
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement'';
(II) in clause (i), by striking
``is eligible'' and inserting ``is
entitled'';
(III) in clause (ii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement'';
(bb) by striking ``shall be
ineligible'' and inserting
``shall not be entitled''; and
(cc) by striking
``ineligibility'' and inserting
``non-entitlement''; and
(IV) in clause (iii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement'';
(bb) by striking ``becomes
ineligible'' and inserting ``is
not entitled''; and
(cc) by striking
``eligibility'' each place it
appears and inserting
``entitlement'';
(iii) in subparagraph (C)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement'';
(II) in clause (i), by striking
``is eligible'' and inserting ``is
entitled'';
(III) in clause (ii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``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
learning 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 Education 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 receive
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 agency
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 determined 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 Children 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
eligible'' 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 inserting
``entitlement''.
(e) Construction.--Section 8007 of the Elementary 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 Elementary 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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