I
110th CONGRESS
1st Session
H. R. 701
IN THE HOUSE OF REPRESENTATIVES
January 29, 2007
Mr. Kirk (for himself, Mr. Larsen of Washington, Mrs. Davis of California, Mr. Whitfield, Mr. Ortiz, Mr. Abercrombie, Mr. Gutierrez, Mr. Costello, Mr. Inslee, Mr. McHugh, Mr. Gonzalez, Mr. Issa, Ms. Norton, Ms. Hirono, Mrs. Tauscher, Mr. Rehberg, Mr. Saxton, Mr. Reyes, Mr. McIntyre, Mr. Taylor, Mr. LoBiondo, Mr. Filner, and Mr. Grijalva) 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 delivery of payments under the program to local educational agencies.
Short title
This Act may be cited as the Government Reservation Accelerated Development for Education Act
.
Amendments to impact aid program
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—
in subsection (a), by striking shall be eligible
and inserting is entitled
; and
by striking subsections (h) and (i).
Payments for eligible federally connected children
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
.
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—
in the heading, by striking and Payments With Respect to Fiscal Years in Which Insufficient Funds Are Appropriated
;
in paragraph (1)—
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
;
in subparagraph (B)—
in the heading, by striking Eligibility
and inserting Entitlement
; and
by striking is eligible
and inserting is entitled
; and
in subparagraph (C)—
in the heading, by striking Maximum amount
and inserting Amount
;
by striking maximum amount
and inserting amount
; and
by striking is eligible
and inserting is entitled
;
in paragraph (2)—
in subparagraph (A)—
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
in clause (ii), by striking eligible
and inserting entitled
;
in subparagraph (B)—
in the heading, by striking Eligibility
and inserting Entitlement
;
in clause (i), by striking is eligible
and inserting is entitled
;
in clause (ii)—
in the heading, by striking eligibility
and inserting entitlement
;
by striking shall be ineligible
and inserting shall not be entitled
; and
by striking ineligibility
and inserting non-entitlement
; and
in clause (iii)—
in the heading, by striking eligibility
and inserting entitlement
;
by striking becomes ineligible
and inserting is not entitled
; and
by striking eligibility
each place it appears and inserting entitlement
;
in subparagraph (C)—
in the heading, by striking Eligibility
and inserting Entitlement
;
in clause (i), by striking is eligible
and inserting is entitled
;
in clause (ii)—
in the heading, by striking eligibility
and inserting entitlement
; and
by striking becomes ineligible
and inserting is not entitled
; and
in clause (iii), by striking becoming ineligible
and inserting losing entitlement status
;
in subparagraph (D)—
in the heading, by striking Maximum amount
and inserting Amount
; and
in clause (i)—
by striking maximum amount
and inserting amount
; and
by striking is eligible
and inserting is entitled
; and
in subparagraph (E)—
in the heading, by striking Maximum amount
and inserting Amount
; and
in clause (i)(I)—
by striking maximum amount
and inserting amount
; and
by striking is eligible
and inserting is entitled
;
by striking paragraph (3); and
in paragraph (4)—
in subparagraph (A), by striking paragraph (3)
; and
in subparagraph (B)—
in the heading—
by striking maximum amount
and inserting amount
; and
by striking and threshold payment
;
by striking maximum
each place it appears; and
by striking and the learning opportunity threshold payment under subparagraph (B) or (C) of paragraph (3), as the case may be,
.
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:
In general
The Secretary shall pay to each eligible local educational agency for a fiscal year the amount equal to the difference between—
the amount equal to the product of—
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
40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States; and
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).
.
Hold harmless
Section 8003(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(e)) is amended—
in paragraph (2) to read as follows:
Amount
The total amount provided to a local educational agency under paragraph (1)(A) for fiscal year 2008 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 2009 shall not exceed the basic support payment amount for such agency determined under paragraph (1) or (2) of subsection (b).
; and
by striking paragraph (3).
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
.
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
.
Construction
Section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) is amended—
in subsection (a)—
in paragraph (1), by striking section 8014(e)
and inserting subsection (c)
; and
in paragraph (3), by striking section 8014(e)
each place it appears and inserting subsection (c)
;
in subsection (b)(1), by striking section 8014(e)
and inserting subsection (c)
; and
by adding at the end the following:
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 2008 through 2010.
.
Facilities
Section 8008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7708) is amended—
in subsection (a), by striking section 8014(f)
and inserting subsection (c)
; and
by adding at the end the following:
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 2008 through 2010.
.
Authorization of appropriations
Section 8014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is repealed.
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:
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.
.
Effective date
The amendments made by this Act shall take effect on October 1, 2007, or the date of the enactment of this Act, whichever occurs later.