[Congressional Record Volume 143, Number 45 (Wednesday, April 16, 1997)]
[Senate]
[Pages S3300-S3301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    MAKING TECHNICAL CORRECTIONS IN THE HIGHER EDUCATION ACT OF 1965

  Mr. FRIST. Mr. President, I ask unanimous consent that the Labor 
Committee be discharged from further consideration of H.R. 914 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A bill (H.R. 914) to make certain technical corrections in 
     the Higher Education Act of 1965 relating to graduation data 
     exposures.


[[Page S3301]]


  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. DOMENICI. Mr. President, I rise today to speak about one of the 
provisions contained in H.R. 914 which is necessary for the 315,000 
public school children of New Mexico. The specific provision involves 
the New Mexico Department of Education's intent to take credit for $30 
million of Federal impact aid funds.
  New Mexico is one of three States in the country which uses an 
equalization formula to distribute educational moneys among its school 
districts. Presently, 40 out of New Mexico's 89 school districts 
qualify for 30 million dollars' worth of impact aid. The New Mexico 
Department of Education relies on impact aid in calculating the amount 
of State funds which will be used to equalize educational funding among 
all 89 school districts.
  Without this legislation, the New Mexico Department of Education 
would not be permitted to consider $30 million of impact aid in its 
formula for distributing State education moneys among its school 
districts. The inability to consider Federal funds would create an 
imbalance in the distribution of educational funds between non-impact 
aid school districts and impact aid school districts.
  This legislation allows the U.S. Department of Education to recognize 
as timely New Mexico's written notice of intent to consider impact aid 
payments in providing State aid to school districts for the 1997-98 
school year.


                            Amendment No. 46

 (Purpose: To make amendments relating to a date extension and to make 
changes in the program under title VIII of the Elementary and Secondary 
                         Education Act of 1965)

  Mr. FRIST. Mr. President, I understand Senator Jeffords has an 
amendment at the desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Tennessee [Mr. Frist], for Mr. Jeffords, 
     proposes an amendment numbered 46.

  Mr. FRIST. 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 amendment is as follows:

       At the end, add the following:

     SEC. 2. DATE EXTENSION.

       Section 1501(a)(4) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by 
     striking ``January 1, 1998'' and inserting ``January 1, 
     1999''.

     SEC. 3. TIMELY FILING OF NOTICE.

       Notwithstanding any other provision of law, the Secretary 
     of Education shall deem Kansas and New Mexico to have timely 
     submitted under section 8009(c)(1) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7709(c)(1)) the 
     States' written notices of intent to consider payments 
     described in section 8009(b)(1) of the Act (20 U.S.C. 
     7709(b)(1)) in providing State aid to local educational 
     agencies for school year 1997-1998, except that the Secretary 
     may require the States to submit such additional information 
     as the Secretary may require, which information shall be 
     considered part of the notices.

     SEC. 4. HOLD HARMLESS PAYMENTS.

       Section 8002(h)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amended--
       (1) in subparagraph (A), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) for fiscal year 1997 and each succeeding fiscal year 
     through fiscal year 2000 shall not be less than 85 percent of 
     the amount such agency received for fiscal year 1996 under 
     subsection (b).''.

     SEC. 5. DATA.

       (a) In General.--Section 8003(f)(4) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is 
     amended--
       (1) in subparagraph (A)--
       (A) by inserting ``expenditure,'' after ``revenue,''; and
       (B) by striking the semicolon and inserting a period;
       (2) by striking ``the Secretary'' and all that follows 
     through ``shall use'' and inserting ``the Secretary shall 
     use''; and
       (3) by striking subparagraph (B).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to fiscal years after fiscal year 
     1997.

  Mr. FRIST. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 46) was agreed to.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
considered read a third time and passed, as amended, the motion to 
reconsider be laid upon the table, and that 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. 914), as amended, was deemed read the third time and 
passed.

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