[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5092 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5092

 To amend part A of title I of the Elementary and Secondary Education 
 Act of 1965 to include hold-harmless provisions for local educational 
   agencies that no longer meet the minimum eligibility criteria for 
 targeted grants and education finance incentive grants, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2004

Mr. Tom Davis of Virginia (for himself, Mr. Moran of Virginia, and Mr. 
    Wolf) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title I of the Elementary and Secondary Education 
 Act of 1965 to include hold-harmless provisions for local educational 
   agencies that no longer meet the minimum eligibility criteria for 
 targeted grants and education finance incentive grants, and for other 
                               purposes.

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

SECTION 1. HOLD-HARMLESS PROVISIONS.

    (a) Targeted Grants.--Paragraph (2) of section 1122(c) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(c)) is 
amended--
            (1) by striking ``If sufficient funds'' and inserting the 
        following:
                    ``(A) Concentration grants.--If sufficient funds''; 
                and
            (2) by adding at the end the following:
                    ``(B) Targeted grants.--Notwithstanding the 
                inability of a local educational agency to meet the 
                minimum eligibility criteria described in section 
                1125(a)(1) for a fiscal year, if sufficient funds are 
                appropriated, the amount made available to the agency 
                under section 1125 for that year shall be--
                            ``(i) if the agency met such minimum 
                        eligibility criteria and received a grant under 
                        section 1125 for the preceding fiscal year, not 
                        less than 67 percent of the amount of such 
                        grant; or
                            ``(ii) if the agency met such minimum 
                        eligibility criteria and received a grant under 
                        section 1125 for the second preceding fiscal 
                        year (but not the preceding fiscal year), not 
                        less than 34 percent of the amount of such 
                        grant.
                    ``(C) Education finance incentive grants.--
                Notwithstanding the inability of a local educational 
                agency to meet the minimum eligibility criteria 
                described in section 1125A(c) for a fiscal year, if 
                sufficient funds are appropriated, the amount made 
                available to the agency under section 1125A for that 
                year shall be--
                            ``(i) if the agency met such minimum 
                        eligibility criteria and received a grant under 
                        section 1125A for the preceding fiscal year, 
                        not less than 67 percent of the amount of such 
                        grant; or
                            ``(ii) if the agency met such minimum 
                        eligibility criteria and received a grant under 
                        section 1125A for the second preceding fiscal 
                        year (but not the preceding fiscal year), not 
                        less than 34 percent of the amount of such 
                        grant.''.
    (b) Application.--The amendments made by this section apply only 
with respect to funds appropriated for fiscal year 2005 or any 
subsequent fiscal year.
                                 <all>