[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3269 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        August 2, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3269) entitled ``An Act to amend the Impact Aid program to provide for 
a hold-harmless with respect to amounts for payments relating to the 
Federal acquisition of real property, and for other purposes.'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. HOLD-HARMLESS AMOUNTS FOR 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 by adding at the end the following new 
subsections:
    ``(g) Former Districts.--
            ``(1) In general.--Where the school district of any local 
        educational agency described in paragraph (2) is formed at any 
        time after 1938 by the consolidation of two or more former 
        school districts, such agency may elect (at any time such 
        agency files an application under section 8005) for any fiscal 
        year after fiscal year 1994 to have (A) the eligibility of such 
        local educational agency, and (B) the amount which such agency 
        shall be eligible to receive, determined under this section 
        only with respect to such of the former school districts 
        comprising such consolidated school districts as such agency 
        shall designate in such election.
            ``(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is any local 
        educational agency that, for fiscal year 1994 or any preceding 
        fiscal year, applied for and was determined eligible under 
        section 2(c) of the Act of September 30, 1950 (Public Law 874, 
        81st Congress) as such section was in effect for such fiscal 
        year.
    ``(h) Hold-Harmless Amounts.--
            ``(1) In general.--Except as provided in paragraph (2)(A), 
        the total amount that the Secretary shall pay under subsection 
        (b) to a local educational agency that is otherwise eligible 
        for a payment under this section--
                    ``(A) for fiscal year 1995 shall not be less than 
                85 percent of the amount such agency received for 
                fiscal year 1994 under section 2 of the Act of 
                September 30, 1950 (Public Law 874, 81st Congress) as 
                such section was in effect on September 30, 1994; or
                    ``(B) for fiscal year 1996 shall not be less than 
                85 percent of the amount such agency received for 
                fiscal year 1995 under subsection (b).
            ``(2) Ratable reductions.--(A)(i) If necessary in order to 
        make payments to local educational agencies in accordance with 
        paragraph (1) for any fiscal year, the Secretary first shall 
        ratably reduce payments under subsection (b) for such year to 
        local educational agencies that do not receive a payment under 
        this subsection for such year.
            ``(ii) If additional funds become available for making 
        payments under subsection (b) for such year, then payments that 
        were reduced under clause (i) shall be increased on the same 
        basis as such payments were reduced.
            ``(B)(i) If the sums made available under this title for 
        any fiscal year are insufficient to pay the full amounts that 
        all local educational agencies in all States are eligible to 
        receive under paragraph (1) after the application of 
        subparagraph (A) for such year, then the Secretary shall 
        ratably reduce payments under paragraph (1) to all such 
        agencies for such year.
            ``(ii) If additional funds become available for making 
        payments under paragraph (1) for such fiscal year, then 
        payments that were reduced under clause (i) shall be increased 
        on the same basis as such payments were reduced.''.

SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS.

    (a) Payments.--Notwithstanding any other provision of law--
            (1) the Bonesteel-Fairfax School District Number 26-5, 
        South Dakota, and the Wagner Community School District Number 
        11-4, South Dakota, shall be eligible to apply for payment for 
        fiscal year 1994 under section 3(d)(2)(B) of the Act of 
        September 30, 1950 (Public Law 874, 81st Congress) (as such 
        section was in effect on September 30, 1994); and
            (2) the Secretary of Education shall use a subgroup of 10 
        or more generally comparable local educational agencies for the 
        purpose of calculating a payment described in paragraph (1) for 
        a local educational agency described in such paragraph.
    (b) Application.--In order to be eligible to receive a payment 
described in subsection (a), a school district described in such 
subsection shall apply for such payment within 30 days after the date 
of enactment of this Act.
    (c) Construction.--Nothing in this section shall be construed to 
require a local educational agency that received a payment under 
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 
81st Congress) (as such section was in effect on September 30, 1994) 
for fiscal year 1994 to return such payment or a portion of such 
payment to the Federal Government.

SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN RESIDING ON 
              MILITARY INSTALLATION HOUSING UNDERGOING RENOVATION.

    (a) In General.--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 new paragraph:
            ``(4) Military installation housing undergoing 
        renovation.--For purposes of computing the amount of a payment 
        for a local educational agency for children described in 
        paragraph (1)(D)(i), the Secretary shall consider such children 
        to be children described in paragraph (1)(B) if the Secretary 
        determines, on the basis of a certification provided to the 
        Secretary by a designated representative of the Secretary of 
        Defense, that such children would have resided in housing on 
        Federal property in accordance with paragraph (1)(B) except 
        that such housing was undergoing renovation on the date for 
        which the Secretary determines the number of children under 
        paragraph (1).''.
    (b) Effective Date.--Paragraph (4) of section 8003(a) of the 
Elementary and Secondary Education Act of 1965, as added by subsection 
(a), shall apply with respect to fiscal years after fiscal year 1995.

SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 
              CHILDREN IN STATES WITH ONLY ONE LOCAL EDUCATIONAL 
              AGENCY.

    (a) In General.--Section 8003(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(b)) is amended by adding at the 
end the following new paragraph:
            ``(3) States with only one local educational agency.--
                    ``(A) In general.--In any of the 50 States of the 
                United States in which there is only one local 
                educational agency, the Secretary shall, for purposes 
                of paragraphs (1)(B), (1)(C), and (2) of this 
                subsection, and subsection (e), consider each 
                administrative school district in the State to be a 
                separate local educational agency.
                    ``(B) Computation of maximum amount of basic 
                support payment and threshold payment.--In computing 
                the maximum payment amount under paragraph (1)(C) and 
                the learning opportunity threshold payment under 
                paragraph (2)(B) for an administrative school district 
                described in subparagraph (A)--
                            ``(i) the Secretary shall first determine 
                        the maximum payment amount and the total 
                        current expenditures for the State as a whole; 
                        and
                            ``(ii) the Secretary shall then--
                                    ``(I) proportionately allocate such 
                                maximum payment amount among the 
                                administrative school districts on the 
                                basis of the respective weighted 
                                student units of such districts; and
                                    ``(II) proportionately allocate 
                                such total current expenditures among 
                                the administrative school districts on 
                                the basis of the respective number of 
                                students in average daily attendance at 
                                such districts.''.
    (b) Effective Date.--Paragraph (3) of section 8003(b) of the 
Elementary and Secondary Education Act of 1965, as added by subsection 
(a), shall apply with respect to fiscal years after fiscal year 1994.

SEC. 5. DATA AND DETERMINATION OF AVAILABLE FUNDS.

    (a) Data.--Paragraph (4) of section 8003(f) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)) is amended--
            (1) in the heading, by striking ``Current year'';
            (2) by amending subparagraph (A) to read as follows:
                    ``(A) shall use student, revenue, and tax data from 
                the second fiscal year preceding the fiscal year for 
                which the local educational agency is applying for 
                assistance under this subsection;''; and
            (3) in subparagraph (B), by striking ``such year'' and 
        inserting ``the fiscal year for which the local educational 
        agency is applying for assistance under this subsection''.
    (b) Determination of Available Funds.--Paragraph (3) of section 
8003(f) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7703(f)) is amended--
            (1) in the matter preceding subclause (I) of subparagraph 
        (A)(iii), by inserting ``, except as provided in subparagraph 
        (C),'' after ``but''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Determination of available funds.--When 
                determining the amount of funds available to the local 
                educational agency for current expenditures for 
                purposes of subparagraph (A)(iii) for a fiscal year, 
                the Secretary shall include, with respect to the local 
                educational agency's opening cash balance for such 
                fiscal year, the portion of such balance that is the 
                greater of--
                            ``(i) the amount that exceeds the maximum 
                        amount of funds for current expenditures that 
                        the local educational agency was allowed by 
                        State law to carry over from the prior fiscal 
                        year, if State restrictions on such amounts 
                        were applied uniformly to all local educational 
                        agencies in the State; or
                            ``(ii) the amount that exceeds 30 percent 
                        of the local educational agency's operating 
                        costs for the prior fiscal year.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to fiscal years after fiscal year 1996.

SEC. 6. PAYMENTS RELATING TO FEDERAL PROPERTY.

    Section 8002 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7702) (as amended by section 1) is further amended by adding 
at the end thereof the following new subsection:
    ``(i) Priority Payments.--Notwithstanding subsection (b)(1)(B), and 
for any fiscal year beginning with fiscal year 1997 for which the 
amount appropriated to carry out this section exceeds the amount so 
appropriated for fiscal year 1996, the Secretary shall first use such 
excess amount to increase 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 that--
            ``(1) received a payment under this section for fiscal year 
        1996;
            ``(2) serves a school district that contains all or a 
        portion of a United States military academy;
            ``(3) serves a school district in which the local tax 
        assessor has certified that at least 60 percent of the real 
        property is federally owned; and
            ``(4) demonstrates to the satisfaction of the Secretary 
        that such agency's per-pupil revenue derived from local sources 
        for current expenditures is not less than that revenue for the 
        preceding fiscal year.''.

SEC. 7. TREATMENT OF IMPACT AID PAYMENTS.

    (a) In General.--The Secretary of Education shall treat any State 
as having met the requirements of section 5(d)(2)(A) of the Act of 
September 30, 1950 (Public Law 874, 81st Congress) for fiscal year 1991 
(as such section was in effect for such fiscal year), and as not having 
met those requirements for each of the fiscal years 1992, 1993, and 
1994 (as such section was in effect for fiscal year 1992, 1993, and 
1994, respectively), if--
            (1) the State's program of State aid was not certified by 
        the Secretary under section 5(d)(2)(C)(i) of the Act of 
        September 30, 1950 (Public Law 874, 81st Congress) for any 
        fiscal year prior to fiscal year 1991;
            (2) the State submitted timely notice under that section of 
        the State's intention to seek that certification for fiscal 
        year 1991;
            (3) the Secretary determined that the State did not meet 
        the requirements of section 5(d)(2)(A) of such Act for fiscal 
        year 1991; and
            (4) the State made a payment to each local educational 
        agency in the State (other than a local educational agency that 
        received a payment under section 3(d)(2)(B) of such Act for 
        fiscal year 1991) in an amount equal to the difference between 
        the amount such agency received under such Act for fiscal year 
        1991 and the amount such agency would have received under such 
        Act for fiscal year 1991 if payments under such Act had not 
        been taken into consideration in awarding State aid to such 
        agencies for fiscal year 1991.
    (b) Repayment Not Required.--Notwithstanding any other provision of 
law, any local educational agency in a State that meets the 
requirements of paragraphs (1) through (4) of subsection (a) and that 
received funds under section 3(d)(2)(B) of the Act of September 30, 
1950 (Public Law 874, 81st Congress) for fiscal year 1991 (as such 
section was in effect for such fiscal year) shall not, by virtue of 
subsection (a), be required to repay those funds to the Secretary of 
Education.

SEC. 8. SPECIAL RULE RELATING TO AVAILABILITY OF FUNDS FOR THE LOCAL 
              EDUCATIONAL AGENCY SERVING THE NORTH HANOVER TOWNSHIP 
              PUBLIC SCHOOLS, NEW JERSEY, UNDER PUBLIC LAW 874, 81ST 
              CONGRESS.

    The Secretary of Education shall not consider any funds that the 
Secretary of Education determines the local educational agency serving 
the North Hanover Township Public Schools, New Jersey, has designated 
for a future liability under an early retirement incentive program as 
funds available to such local educational agency for purposes of 
determining the eligibility of such local educational agency for a 
payment for fiscal year 1994, or the amount of any such payment, under 
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 
81st Congress), as such section was in effect for such fiscal year.

SEC. 9. CORRECTED LOCAL CONTRIBUTION RATE.

    (a) Computation.--The Secretary of Education shall compute a 
payment for a local educational agency under the Act of September 30, 
1950 (Public Law 874, 81st Congress) for each of the fiscal years 1991 
through 1994 (as such Act was in effect for each of those fiscal years, 
as the case may be) using a corrected local contribution rate based on 
generally comparable school districts, if--
            (1) an incorrect local contribution rate was submitted to 
        the Secretary of Education by the State in which such agency is 
        located, and the incorrect local contribution rate was verified 
        as correct by the Secretary of Education; and
            (2) the corrected local contribution rate is subject to 
        review by the Secretary of Education.
    (b) Payment.--Using funds appropriated under the Act of September 
30, 1950 (Public Law 874, 81st Congress) for fiscal years 1991 through 
1994 that remain available for obligation (if any), the Secretary of 
Education shall make payments based on the computations described in 
subsection (a) to the local educational agency for such fiscal years.

SEC. 10. STATE EQUALIZATION PLANS.

    Subparagraph (A) of section 8009(b)(2) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7709(b)(2)) is amended by 
striking ``more than'' and all that follows through the period and 
inserting ``more than 25 percent.''.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3269

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                               AMENDMENT

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