[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9663-S9664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              IMPACT AID TECHNICAL AMENDMENTS ACT OF 1996

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 392, H.R. 3269.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 3269) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 5155

              (Purpose: To amend the Impact Aid program.)

  Mr. STEVENS. Mr. President, there is a substitute amendment at the 
desk and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens], for Mrs. Kassebaum, 
     for herself, Mr. Pressler, Mr. D'Amato, Mr. Kerrey, Mr. 
     Moynihan, Mr. Simpson and Mrs. Frahm, proposes an amendment 
     numbered 5155.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  The amendment (No. 5155) was agreed to.
  Mr. PRESSLER. Mr. President, I am proud to be a cosponsor of H.R. 
3269, a bill to make technical corrections in the law that governs the 
Impact Aid Program. This bill represents the culmination of months of 
hard work. I would like to thank the Chair of the Labor and Human 
Resources Committee, Senator Kassebaum for her diligent work in 
bringing this extremely important bill to the floor. Her efforts helped 
to ensure that federally impacted schools will get the financial 
assistance they deserve and need.
  Impact Aid is an important program for many schools. Impact Aid is a 
Federal responsibility. The program reimburses school districts that 
lost tax base due to a Federal presence, such as a military base or 
Indian reservation. This program provides funds for day-to-day school 
operations, such as buying books and paying teachers. These are not 
special funds for extra projects. This is a program based on the basic 
principle of fairness. We should fund the basics of education before we 
spend money on extra programs.
  The expeditious passage of this bill today would ensure that many 
Federally impacted schools will have the funds needed to keep their 
doors open, literally, this fall. School districts depend on Impact Aid 
for basic operating expenses. This bill would ensure that payments are 
made in a timely manner.
  I am particularly concerned about Section 2 of the Impact Aid program 
as

[[Page S9664]]

it pertains to two school districts in South Dakota. Specifically, 
without passage of this critical bill, two South Dakota schools, 
Bonesteel-Fairfax and Wagner, could stand to lose together almost $1 
million. That must not be allowed to happen. Essentially, the bill 
before us would allow these school districts to claim eligibility under 
Section 8003. The Bonesteel-Fairfax and Wagner districts were in fact 
eligible for Impact Aid funds, but were unaware of their eligibility 
because of a change in the Federal statute. Unfortunately, the 
Department of Education could not allow these districts to amend their 
applications. Consequently, they were denied funds that they deserved 
due to the simple error of not checking the proper eligibility box. 
This bill would correct this situation and provide these districts the 
opportunity to reapply for Impact Aid funds. As always, I will fight to 
see that both these schools and all other federally impacted schools in 
South Dakota get the funding they need under the Impact Aid program. 
This is the fair thing to do. It was not the intention of Congress to 
deny schools funds due to administrative errors or technical 
oversights. Quite simply, this is a fairness issue.
  The bill before us would not create new criteria to implement the 
intent of Congress. These technical corrections permit the Department 
of Education to administer the Impact Aid program consistent with the 
intent of Congress. The technical amendments provide recourse for the 
schools to receive funds to which they are entitled under the intent of 
the law.
  I am pleased that we are taking action on this legislation. The 
schools that would benefit from this bill need and deserve the 
assistance. The Federal Government has placed these schools in a very 
difficult position, through no fault of their own. That's why impact 
aid must remain a top Federal responsibility.
  Unfortunately, getting this bill through has not been easy, in part 
because the current administration does not have its priorities 
straight. For the fourth consecutive year, the Clinton administration's 
budget called for the Federal Government to lessen its commitment to 
impact aid. For the next year, the Clinton administration requested 
only $617 million for impact aid. It recommended the elimination of 
payments for Federal lands. This means 23 South Dakota school districts 
would not have been eligible for Federal funds. That is wrong. How can 
President Clinton claim he is the education President when his budgets 
would deny the most basic needs to schools in South Dakota? Federally 
impacted districts and the children they serve cannot withstand further 
reductions in the program.
  It is my understanding that the President will not sign this 
legislation, but allow it to become law. This is yet another indication 
of the administration's hostility to the Impact Aid Program. Obtaining 
the appropriate level of funding is a struggle every year. There will 
be more battles over impact aid funding. I'm ready. I will continue to 
fight for our Nation's children and federally impacted school 
districts. This is my commitment to those schools and the familes they 
serve.
  Again, I thank the chair of the Labor and Human Resources Committee, 
its ranking member and their counterparts in the House for their good 
work to get this bill through Congress and to the President. This bill 
enjoys widespread, bipartisan support. With the support of my 
colleagues, we can fulfill our legislative responsibility to federally 
impacted school districts and pass this impact aid technical 
corrections.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the bill be 
deemed read the third time and passed, the motion to reconsider be laid 
upon the table, and any statements relating to the bill be placed at 
the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3269) was deemed read the third time and passed, as 
amended.

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