[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 995 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 995

                To provide a direct check for education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1999

  Mrs. Emerson (for herself, Mr. Blunt, Mr. Hulshof, and Mr. Talent) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
                To provide a direct check for education.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Direct Check for Education Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) education should be a national priority but must remain 
        a local responsibility;
            (2) the Federal Government's regulations and involvement 
        often creates barriers and obstacles to local creativity and 
        reform;
            (3) parents, teachers, and local school districts must be 
        allowed and empowered to set local education priorities; and
            (4) schools and education professionals must be accountable 
        to the people and children served.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the United States 
        Virgin Islands, the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau.

SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Direct Awards.--From amounts appropriated under subsection (b) 
and not used to carry out subsection (c), the Secretary shall make 
direct awards to local educational agencies in amounts determined under 
subsection (e) to enable the local educational agencies to support 
programs or activities, for kindergarten through grade 12 students, 
that the local educational agencies deem appropriate.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $3,500,000,000 for each of the 
fiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years 
2002 and 2003, and $5,000,000,000 for fiscal year 2004.
    (c) Multiyear Awards.--The Secretary shall use funds appropriated 
under subsection (b) for each fiscal year to continue to make payments 
to eligible recipients pursuant to any multiyear award made prior to 
the date of enactment of this Act under the provisions of law repealed 
under subsection (d). The payments shall be made for the duration of 
the multiyear award.
    (d) Repeals.--The following provisions of law are repealed:
            (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et 
        seq.).
            (2) Section 307 of the Department of Education 
        Appropriations Act, 1999.
            (3) Title III of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6801 et seq.).
            (4) Part B of title VI of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7331 et seq.).
            (5) Part A of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8001 et seq.).
            (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 
        6101 et seq.).
    (e) Determination of Amount.--
            (1) Per child amount.--The Secretary, using the information 
        provided under subsection (f), shall determine a per child 
        amount for a year by dividing the total amount appropriated 
        under subsection (b) for the year, by the total number of 
        kindergarten through grade 12 students in average daily 
        attendance in all States for the preceding year.
            (2) Local educational agency award.--The Secretary, using 
        the information provided under subsection (f), shall determine 
        the amount provided to each local educational agency under this 
        section for a year by multiplying--
                    (A) the per child amount determined under paragraph 
                (1) for the year; by
                    (B) the number of kindergarten through grade 12 
                students in average daily attendance that are served by 
                the local educational agency for the preceding year.
    (f) Census Determination.--
            (1) In general.--Each local educational agency shall 
        conduct a census to determine the number of kindergarten 
        through grade 12 students in average daily attendance that are 
        served by the local educational agency not later than December 
        1 of each year.
            (2) Submission.--Each local educational agency shall submit 
        the number described in paragraph (1) to the Secretary not 
        later than March 1 of each year.
    (g) Penalty.--If the Secretary determines that a local educational 
agency has knowingly submitted false information under subsection (f) 
for the purpose of gaining additional funds under this section, then 
the local educational agency shall be fined an amount equal to twice 
the difference between the amount the local educational agency received 
under this section, and the correct amount the local educational agency 
would have received under this section if the agency had submitted 
accurate information under subsection (f).
    (h) Disbursal.--The Secretary shall disburse the amount awarded to 
a local educational agency under this Act for a fiscal year not later 
than July 1 of each year.

SEC. 5. AUDIT.

    (a) In General.--The Secretary may conduct audits of the 
expenditures of local educational agencies under this Act to ensure 
that the funds made available under this Act are used in accordance 
with this Act.
    (b) Sanctions and Penalties.--If the Secretary determines that the 
funds made available under section 4 were not used in accordance with 
section 4(a), the Secretary may use the enforcement provisions 
available to the Secretary under part D of the General Education 
Provisions Act (20 U.S.C. 1234 et seq.).
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