[Congressional Record Volume 146, Number 59 (Monday, May 15, 2000)]
[House]
[Pages H2992-H3002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 IMPACT AID REAUTHORIZATION ACT OF 2000

  Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3616) to reauthorize the impact aid program under the 
Elementary and Secondary Education Act of 1965, and for other purposes, 
as amended.
  The Clerk read as follows:

                               H.R. 3616

       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 ``Impact Aid Reauthorization 
     Act of 2000''.

     SEC. 2. PURPOSE.

       Section 8001 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7701) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting after ``educational services to federally 
     connected children'' the following: ``in a manner that 
     promotes control by local educational agencies with little or 
     no Federal or State involvement''; and
       (B) by inserting after ``certain activities of the Federal 
     Government'' the following: ``, such as activities to fulfill 
     the responsibilities of the Federal Government with respect 
     to Indian tribes and activities under section 514 of the 
     Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 
     App. 574),'';
       (2) in paragraph (4), by adding ``or'' at the end;
       (3) by striking paragraph (5);
       (4) by redesignating paragraph (6) as paragraph (5); and
       (5) in paragraph (5) (as redesignated), by inserting before 
     the period at the end the following: ``and because of the 
     difficulty of raising local revenue through bond referendums 
     for capital projects due to the inability to tax Federal 
     property''.

     SEC. 3. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       (a) Fiscal Year Requirement.--Section 8002(a) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(a)) is amended in the matter preceding paragraph (1) by 
     striking ``1999'' and inserting ``2005''.
       (b) Amount.--
       (1) Insufficient funds.--Section 8002(b)(1)(B) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(b)(1)(B)) is amended by striking ``shall ratably reduce 
     the payment to each eligible local educational agency'' and 
     inserting ``shall calculate the payment for each eligible 
     local educational agency in accordance with subsection (h)''.
       (2) Maximum amount.--Section 8002(b)(1)(C) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(b)(1)(C)) is amended by adding at the end before the 
     period the following: ``, or the maximum amount that such 
     agency is eligible to receive for such fiscal year under this 
     section, whichever is greater''.
       (c) Payments With Respect to Fiscal Years in Which 
     Insufficient Funds Are Appropriated.--Section 8002(h) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(h)) is amended to read as follows:
       ``(h) Payments With Respect to Fiscal Years in Which 
     Insufficient Funds Are Appropriated.--For any fiscal year for 
     which the amount appropriated under section 8014(a) is 
     insufficient to pay to each local educational agency the full 
     amount determined under subsection (b), the Secretary shall 
     make payments to each local educational agency under this 
     section as follows:
       ``(1) Foundation payments for pre-1995 recipients.--
       ``(A) In general.--The Secretary shall first make a 
     foundation payment to each local educational agency that is 
     eligible to receive a payment under this section for the 
     fiscal year involved and was eligible to receive a payment 
     under section 2 of the Act of September 30, 1950 (Public Law 
     874, 81st Congress) (as such section was in effect on the day 
     preceding the date of the enactment of the Improving 
     America's Schools Act of 1994) for any of the fiscal years 
     1989 through 1994.
       ``(B) Amount.--The amount of a payment under subparagraph 
     (A) for a local educational agency shall be equal to 37 
     percent of the payment amount the local educational agency 
     was eligible to receive under section 2 of the Act of 
     September 30, 1950, for fiscal year 1994 (or if the local 
     educational agency was not eligible to receive a payment 
     under such section 2 for fiscal year 1994, the payment that 
     local educational agency was eligible to receive under such 
     section 2 for the most recent fiscal year preceding 1994).
       ``(C) Insufficient appropriations.--If the amount 
     appropriated under section 8014(a) is insufficient to pay the 
     full amount determined under this paragraph for all eligible 
     local educational agencies for the fiscal year, then the 
     Secretary shall ratably reduce the payment to each local 
     educational agency under this paragraph.
       ``(2) Payments for 1995 recipients.--
       ``(A) In general.--From any amounts remaining after making 
     payments under paragraph (1) for the fiscal year involved, 
     the Secretary shall make a payment to each eligible local 
     educational agency that received a payment under this section 
     for fiscal year 1995.
       ``(B) Amount.--The amount of a payment under subparagraph 
     (A) for a local educational agency shall be determined as 
     follows:
       ``(i) Calculate the difference between the amount 
     appropriated to carry out this section for fiscal year 1995 
     and the total amount of foundation payments made under 
     paragraph (1) for the fiscal year.
       ``(ii) Determine the percentage share for each local 
     educational agency that received a payment under this section 
     for fiscal year 1995 by dividing the assessed value of the 
     Federal property of the local educational agency for fiscal 
     year 1995 determined in accordance with subsection (b)(3), by 
     the total national assessed value of the Federal property of 
     all such local educational agencies for fiscal year 1995, as 
     so determined.
       ``(iii) Multiply the percentage share described in clause 
     (ii) for the local educational agency by the amount 
     determined under clause (i).
       ``(3) Subsection (i) recipients.--From any funds remaining 
     after making payments under paragraphs (1) and (2) for the 
     fiscal year involved, the Secretary shall make payments in 
     accordance with subsection (i).
       ``(4) Remaining funds.--From any funds remaining after 
     making payments under paragraphs (1), (2), and (3) for the 
     fiscal year involved--
       ``(A) the Secretary shall make a payment to each local 
     educational agency that received a foundation payment under 
     paragraph (1) for the fiscal year involved in an amount that 
     bears the same relation to 25 percent of the remainder as the 
     amount the local educational agency received under paragraph 
     (1) for the fiscal year involved bears to the amount all 
     local educational agencies received under paragraph (1) for 
     the fiscal year involved; and
       ``(B) the Secretary shall make a payment to each local 
     educational agency that is eligible to receive a payment 
     under this section for the fiscal year involved in an amount 
     that bears the same relation to 75 percent of the remainder 
     as a percentage share determined for the local educational 
     agency (in the same manner as percentage shares are 
     determined for local educational agencies under paragraph 
     (2)(B)(ii)) bears to the percentage share determined (in the 
     same manner) for all local educational agencies eligible to 
     receive a payment under this section for the fiscal year 
     involved, except that for the purpose of calculating a local 
     educational agency's assessed value of the Federal property, 
     data from the most current fiscal year shall be used.''.
       (d) Special Payments.--
       (1) In general.--Section 8002(i)(1) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7702(i)(1)) is 
     amended to read as follows:
       ``(1) In general.--For any fiscal year beginning with 
     fiscal year 2000 for which the amount appropriated to carry 
     out this section exceeds the amount so appropriated for 
     fiscal year 1996 and for which subsection (b)(1)(B) applies, 
     the Secretary shall use the remainder described in subsection 
     (h)(3) for the fiscal year involved (not to exceed the amount 
     equal to the difference between (A) the amount appropriated 
     to carry out this section for fiscal year 1997 and (B) the 
     amount appropriated to carry out this section for fiscal year 
     1996) 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 described in paragraph (2).''.
       (2) Conforming amendment.--The heading of section 8002(i) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7702(i)) is amended by striking ``Priority'' and 
     inserting Special''.

[[Page H2993]]

       (e) Additional Assistance for Certain Local Educational 
     Agencies Impacted by Federal Property Acquisition.--Section 
     8002(j)(2) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7702(j)(2)) is amended--
       (1) by striking ``(A) A local educational agency'' and 
     inserting ``A local educational agency'';
       (2) by redesignating clauses (i) through (v) as 
     subparagraphs (A) through (E), respectively; and
       (3) in subparagraph (C) (as redesignated), by adding at the 
     end before the semicolon the following: ``and such agency 
     does not currently have a military installation located 
     within its geographic boundaries''.
       (f) Data; Preliminary and Final Payments.--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:
       ``(l) Data; Preliminary and Final Payments.--
       ``(1) In general.--The Secretary shall--
       ``(A) not later than 30 days following the application 
     deadline under section 8005(c) for a fiscal year, require any 
     local educational agency that applied for a payment under 
     subsection (b) for the fiscal year to submit such data as may 
     be necessary in order to compute the payment;
       ``(B) as soon as possible after the beginning of any fiscal 
     year, but no later than 60 days after the enactment of an Act 
     making appropriations to carry out this title for the fiscal 
     year, provide a preliminary payment under subsection (b) for 
     any local educational agency that applied for a payment under 
     subsection (b) for the fiscal year and was eligible for such 
     a payment for the preceding fiscal year, in the amount of 60 
     percent of the payment for the previous year; and
       ``(C) provide a final payment under subsection (b) for any 
     eligible local educational agency not later than 12 months 
     after the application deadline established under section 
     8005(c), except that any local educational agency failing to 
     submit all of the data required under subparagraph (A) shall 
     be denied such payment for the fiscal year for which the 
     application is made unless funds from a source other than the 
     Act described in subparagraph (B) are made available to 
     provide such payment.
       ``(2) Eligibility for payments in subsequent years.--The 
     denial of a payment under subsection (b) to a local 
     educational agency for a fiscal year pursuant to this 
     subsection shall not affect the eligibility of the local 
     educational agency for a final payment under subsection (b) 
     for a subsequent fiscal year.''.

     SEC. 4. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

       (a) Military Installation Housing Undergoing Renovation or 
     Rebuilding.--
       (1) In general.--Section 8003(a)(4) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is 
     amended--
       (A) in the heading, by striking ``undergoing renovation'' 
     and inserting ``undergoing renovation or rebuilding'';
       (B) by striking ``For purposes'' and inserting the 
     following:
       ``(A) In general.--For purposes'';
       (C) in subparagraph (A) (as designated by subparagraph 
     (B)), by inserting ``or rebuilding'' after ``undergoing 
     renovation''; and
       (D) by adding at the end the following:
       ``(B) Limitations.--(i)(I) Except as provided in subclause 
     (II), children described in paragraph (1)(D)(i) may be deemed 
     to be children described in paragraph (1)(B) with respect to 
     housing on Federal property undergoing renovation or 
     rebuilding in accordance with subparagraph (A) for a period 
     not to exceed 2 fiscal years.
       ``(II) If the Secretary determines, on the basis of a 
     certification provided to the Secretary by a designated 
     representative of the Secretary of Defense, that the expected 
     completion date of the renovation or rebuilding of the 
     housing has been delayed by not less than 1 year, then--
       ``(aa) in the case of a determination made by the Secretary 
     in the 1st fiscal year described in subclause (I), the time 
     period described such subclause shall be extended by the 
     Secretary for an additional 2 years; and
       ``(bb) in the case of a determination made by the Secretary 
     in the 2nd fiscal year described in subclause (I), the time 
     period described such subclause shall be extended by the 
     Secretary for an additional 1 year.
       ``(ii) The number of children described in paragraph 
     (1)(D)(i) who are deemed to be children described in 
     paragraph (1)(B) with respect to housing on Federal property 
     undergoing renovation or rebuilding in accordance with 
     subparagraph (A) for any fiscal year may not exceed the 
     maximum number of children who are expected to occupy that 
     housing upon completion of the renovation or rebuilding.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to payments to a local educational 
     agency for fiscal years beginning before, on, or after the 
     date of the enactment of this Act.
       (b) Military ``Build to Lease'' Program Housing.--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:
       ``(5) Military `build to lease' program housing.--
       ``(A) In general.--For purposes of computing the amount of 
     payment for a local educational agency for children 
     identified under paragraph (1), the Secretary shall consider 
     children residing in housing initially acquired or 
     constructed under the former section 2828(g) of title 10, 
     United States Code (commonly known as the `Build to Lease' 
     program), as added by section 801 of the Military 
     Construction Authorization Act, 1984, to be children 
     described under paragraph (1)(B) if the property described is 
     within the fenced security perimeter of the military facility 
     upon which such housing is situated.
       ``(B) Additional requirements.--If the property described 
     in subparagraph (A) is not owned by the Federal Government, 
     is subject to taxation by a State or political subdivision of 
     a State, and thereby generates revenues for a local 
     educational agency that is applying to receive a payment 
     under this section, then the Secretary--
       ``(i) shall require the local educational agency to provide 
     certification from an appropriate official of the Department 
     of Defense that the property is being used to provide 
     military housing; and
       ``(ii) shall reduce the amount of the payment under this 
     section by an amount equal to the amount of revenue from such 
     taxation received in the second preceding fiscal year by such 
     local educational agency, unless the amount of such revenue 
     was taken into account by the State for such second preceding 
     fiscal year and already resulted in a reduction in the amount 
     of State aid paid to such local educational agency.''.

     SEC. 5. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.

       Section 8003(b)(1) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703(b)(1)) is amended by 
     adding at the end the following:
       ``(D) Increase in local contribution rate due to unusual 
     geographic factors.--If the current expenditures in those 
     local educational agencies which the Secretary has determined 
     to be generally comparable to the local educational agency 
     for which a computation is made under subparagraph (C) are 
     not reasonably comparable because of unusual geographical 
     factors which affect the current expenditures necessary to 
     maintain, in such agency, a level of education equivalent to 
     that maintained in such other agencies, then the Secretary 
     shall increase the local contribution rate for such agency 
     under subparagraph (C)(iii) by such an amount which the 
     Secretary determines will compensate such agency for the 
     increase in current expenditures necessitated by such unusual 
     geographical factors. The amount of any such supplementary 
     payment may not exceed the per-pupil share (computed with 
     regard to all children in average daily attendance), as 
     determined by the Secretary, of the increased current 
     expenditures necessitated by such unusual geographic 
     factors.''.

     SEC. 6. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL 
                   EDUCATIONAL AGENCIES.

       (a) In General.--Section 8003(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Basic support payments for heavily impacted local 
     educational agencies.--
       ``(A) In general.--(i) From the amount appropriated under 
     section 8014(b) for a fiscal year, the Secretary is 
     authorized to make basic support payments to eligible heavily 
     impacted local educational agencies with children described 
     in subsection (a).
       ``(ii) A local educational agency that receives a basic 
     support payment under this paragraph for a fiscal year shall 
     not be eligible to receive a basic support payment under 
     paragraph (1) for that fiscal year.
       ``(B) Eligibility for continuing heavily impacted local 
     educational agencies.--
       ``(i) Fiscal year 2001.--A heavily impacted local 
     educational agency is eligible to receive a basic support 
     payment under subparagraph (A) for fiscal year 2001 with 
     respect to a number of children determined under subsection 
     (a)(1) only if the agency received an additional assistance 
     payment under subsection (f) (as such subsection was in 
     effect on the day before the date of the enactment of the 
     Impact Aid Reauthorization Act of 2000) for fiscal year 2000.
       ``(ii) Fiscal year 2002 and subsequent fiscal years.--A 
     heavily impacted local educational agency described in clause 
     (i) is eligible to receive a basic support payment under 
     subparagraph (A) for fiscal year 2002 and any subsequent 
     fiscal year with respect to a number of children determined 
     under subsection (a)(1) only if the agency--

       ``(I) received a basic support payment under subparagraph 
     (A) for fiscal year 2001; and
       ``(II)(aa) is a local educational agency whose boundaries 
     are the same as a Federal military installation;
       ``(bb) has an enrollment of federally connected children 
     described in subsection (a)(1) which constitutes a percentage 
     of the total student enrollment of such agency which is not 
     less than 35 percent, has a per-pupil expenditure that is 
     less than the average per-pupil expenditure of the State in 
     which the agency is located or the average per-pupil 
     expenditure of all States (whichever average per-pupil 
     expenditure is greater), except that a local educational 
     agency with a total student enrollment of less than 350 
     students shall be deemed to have satisfied such per-pupil 
     expenditure requirement, and has a tax rate for general fund 
     purposes which is at least 95 percent of the average tax rate 
     for general fund purposes of comparable local educational 
     agencies in the State; or

[[Page H2994]]

       ``(cc) has a total student enrollment of not less than 
     25,000 students, of which not less than 50 percent are 
     federally connected children described in subsection (a)(1) 
     and not less than 6,000 of such federally connected children 
     are children described in subparagraphs (A) and (B) of 
     subsection (a)(1).

       ``(iii) Resumption of eligibility.--A heavily impacted 
     local educational agency described in clause (i) or (ii) that 
     becomes ineligible under either such clause for 1 or more 
     fiscal years may resume eligibility for a basic support 
     payment under this paragraph for a subsequent fiscal year 
     only if the agency meets the requirements of item (aa), (bb), 
     or (cc) of clause (ii)(II) for that subsequent fiscal year.
       ``(C) Eligibility for new heavily impacted local 
     educational agencies.--
       ``(i) In general.--A heavily impacted local educational 
     agency that did not receive an additional assistance payment 
     under subsection (f) (as such subsection was in effect on the 
     day before the date of the enactment of the Impact Aid 
     Reauthorization Act of 2000) for fiscal year 2000 is eligible 
     to receive a basic support payment under subparagraph (A) for 
     fiscal year 2002 and any subsequent fiscal year with respect 
     to a number of children determined under subsection (a)(1) 
     only if the agency--

       ``(I) has an enrollment of federally connected children 
     described in subsection (a)(1) which constitutes a percentage 
     of the total student enrollment of such agency which (aa) is 
     not less than 50 percent if such agency receives a payment on 
     behalf of children described in subparagraphs (F) and (G) of 
     such subsection or (bb) is not less than 40 percent if such 
     agency does not receive a payment on behalf of such children;
       ``(II)(aa) is a local educational agency whose boundaries 
     are the same as a Federal military installation; or
       ``(bb) is a local educational agency that has a tax rate 
     for general fund purposes which is at least 95 percent of the 
     average tax rate for general fund purposes of comparable 
     local educational agencies in the State; and
       ``(III)(aa) for a local educational agency that has a total 
     student enrollment of 350 or more students, the agency has a 
     per-pupil expenditure that is less than the average per-pupil 
     expenditure of the State in which the agency is located; or
       ``(bb) for a local educational agency that has a total 
     student enrollment of less than 350 students, the agency has 
     a per-pupil expenditure that is less than the average per-
     pupil expenditure of a comparable agency in the State in 
     which the agency is located.

       ``(ii) Resumption of eligibility.--A heavily impacted local 
     educational agency described in clause (i) that becomes 
     ineligible under such clause for 1 or more fiscal years may 
     resume eligibility for a basic support payment under this 
     paragraph for a subsequent fiscal year only if the agency 
     meets the requirements of subclauses (I), (II), and (III) of 
     clause (i) for that subsequent fiscal year.
       ``(iii) Application.--With respect to the first fiscal year 
     for which a heavily impacted local educational agency 
     described in clause (i) applies for a basic support payment 
     under subparagraph (A), or with respect to the first fiscal 
     year for which a heavily impacted local educational agency 
     applies for a basic support payment under subparagraph (A) 
     after becoming ineligible under clause (i) for 1 or more 
     preceding fiscal years, the agency shall apply for such 
     payment at least 1 year prior to the start of that first 
     fiscal year.
       ``(D) Maximum amount for regular heavily impacted local 
     educational agencies.--(i) Except as provided in subparagraph 
     (E), the maximum amount that a heavily impacted local 
     educational agency is eligible to receive under this 
     paragraph for any fiscal year is the sum of the total 
     weighted student units, as computed under subsection (a)(2) 
     (subject to clause (ii)), multiplied by the greater of--
       ``(I) four-fifths of the average per-pupil expenditure of 
     the State in which the local educational agency is located 
     for the third fiscal year preceding the fiscal year for which 
     the determination is made; or
       ``(II) four-fifths of the average per-pupil expenditure of 
     all of the States for the third fiscal year preceding the 
     fiscal year for which the determination is made.
       ``(ii)(I) For a local educational agency with respect to 
     which 35 percent or more of the total student enrollment of 
     the schools of the agency are children described in 
     subparagraph (D) or (E) (or a combination thereof) of 
     subsection (a)(1), the Secretary shall calculate the weighted 
     student units of such children for purposes of subsection 
     (a)(2) by multiplying the number of such children by a factor 
     of 0.55.
       ``(II) For a local educational agency that has an 
     enrollment of 100 or fewer federally connected children 
     described in subsection (a)(1), the Secretary shall calculate 
     the total number of weighted student units for purposes of 
     subsection (a)(2) by multiplying the number of such children 
     by a factor of 1.75.
       ``(III) For a local educational agency that has an 
     enrollment of more than 100 but not more than 750 children 
     described in subsection (a)(1), the Secretary shall calculate 
     the total number of weighted student units for purposes of 
     subsection (a)(2) by multiplying the number of such children 
     by a factor of 1.25.
       ``(E) Maximum amount for large heavily impacted local 
     educational agencies.--(i)(I) Subject to clause (ii), the 
     maximum amount that a heavily impacted local educational 
     agency described in subclause (II) is eligible to receive 
     under this paragraph for any fiscal year shall be determined 
     in accordance with the formula described in paragraph (1)(C).
       ``(II) A heavily impacted local educational agency 
     described in this subclause is a local educational agency 
     that has a total student enrollment of not less than 25,000 
     students, of which not less than 50 percent are federally 
     connected children described in subsection (a)(1) and not 
     less than 6,000 of such federally connected children are 
     children described in subparagraphs (A) and (B) of subsection 
     (a)(1).
       ``(ii) For purposes of calculating the maximum amount 
     described in clause (i), the factor used in determining the 
     weighted student units under subsection (a)(2) with respect 
     to children described in subparagraphs (A) and (B) of 
     subsection (a)(1) shall be 1.35.
       ``(F) Data.--For purposes of providing assistance under 
     this paragraph, the Secretary shall use student, revenue, 
     expenditure, and tax data from the third fiscal year 
     preceding the fiscal year for which the local educational 
     agency is applying for assistance under this paragraph.''.
       (b) Payments With Respect to Fiscal Years in Which 
     Insufficient Funds Are Appropriated.--Paragraph (3) of 
     section 8003(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7703(b)), as redesignated, is amended--
       (1) in subparagraph (A), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subparagraph (B)--
       (A) in the heading, by inserting after ``payments'' the 
     following: ``in lieu of payments under paragraph (1)'';
       (B) in the matter preceding subclause (I) of clause (i), by 
     inserting after ```threshold payment')'' the following: ``in 
     lieu of basic support payments under paragraph (1)'';
       (C) in clause (ii), by striking ``paragraph (1)'' and 
     inserting ``clause (i)''; and
       (D) by adding at the end the following:
       ``(iv) In the case of a local educational agency that has a 
     total student enrollment of fewer than 1,000 students and 
     that has a per-pupil expenditure that is less than the 
     average per-pupil expenditure of the State in which the 
     agency is located, the total percentage used to calculate 
     threshold payments under clause (i) shall not be less than 40 
     percent.'';
       (3) by redesignating subparagraph (C) as subparagraph (D);
       (4) by inserting after subparagraph (B) the following:
       ``(C) Learning opportunity threshold payments in lieu of 
     payments under paragraph (2).--For fiscal years described in 
     subparagraph (A), the learning opportunity threshold payment 
     in lieu of basic support payments under paragraph (2) shall 
     be equal to the amount obtained under subparagraph (D) or (E) 
     of paragraph (2), as the case may be.''; and
       (5) in subparagraph (D) (as redesignated), by striking 
     ``computation made under subparagraph (B)'' and inserting 
     ``computations made under subparagraphs (B) and (C)''.
       (c) Conforming Amendments.--(1) Section 8002(b)(1)(C) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(b)(1)(C)) is amended by striking ``section 
     8003(b)(1)(C)'' and inserting ``paragraph (1)(C) of section 
     8003(b) or subparagraph (D) or (E) of paragraph (2) of such 
     section, as the case may be''.
       (2) Section 8003 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7703) is amended--
       (A) in subsection (a)(1), by striking ``subsection (b), 
     (d), or (f)'' and inserting ``subsection (b) or (d)'';
       (B) in subsection (b)--
       (i) in paragraph (1)(C), in the matter preceding clause 
     (i), by striking ``this subsection'' and inserting ``this 
     paragraph''; and
       (ii) in paragraph (4) (as redesignated)--
       (I) in subparagraph (A), by striking ``paragraphs (1)(B), 
     (1)(C), and (2) of this subsection'' and inserting 
     ``subparagraphs (B) and (C) of paragraph (1) or subparagraphs 
     (B) through (D) of paragraph (2), as the case may be, 
     paragraph (3) of this subsection''; and
       (II) in subparagraph (B)--

       (aa) by inserting after ``paragraph (1)(C)'' the following: 
     ``or subparagraph (D) or (E) of paragraph (2), as the case 
     may be,''; and
       (bb) by striking ``paragraph (2)(B)'' and inserting 
     ``subparagraph (B) or (C) of paragraph (3)'';

       (C) in subsection (c)(1), by striking ``paragraph (2) and 
     subsection (f)'' and inserting ``subsection (b)(2) and 
     paragraph (2)'';
       (D) by striking subsection (f); and
       (E) in subsection (i), by striking ``sections 8002 and 
     8003(b)'' and inserting ``section 8002 and subsection (b) of 
     this section''.

     SEC. 7. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES 
                   AFFECTED BY REMOVAL OF FEDERAL PROPERTY.

       Section 8003(b) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7703(b)), as amended by this Act, is 
     further amended by adding at the end the following:
       ``(5) Local educational agencies affected by removal of 
     federal property.--
       ``(A) In general.--In computing the amount of a basic 
     support payment under this subsection for a fiscal year for a 
     local educational agency described in subparagraph (B), the 
     Secretary shall meet the additional requirements described in 
     subparagraph (C).

[[Page H2995]]

       ``(B) Local educational agency described.--A local 
     educational agency described in this subparagraph is a local 
     educational agency with respect to which Federal property (i) 
     located within the boundaries of the agency, and (ii) on 
     which 1 or more children reside who are receiving a free 
     public education at a school of the agency, is transferred by 
     the Federal Government to another entity in any fiscal year 
     beginning on or after the date of the enactment of the Impact 
     Aid Reauthorization Act of 2000 so that the property is 
     subject to taxation by the State or a political subdivision 
     of the State.
       ``(C) Additional requirements.--The additional requirements 
     described in this subparagraph are the following:
       ``(i) For each fiscal year beginning after the date on 
     which the Federal property is transferred, a child described 
     in subparagraph (B) who continues to reside on such property 
     and who continues to receive a free public education at a 
     school of the agency shall be deemed to be a child who 
     resides on Federal property for purposes of computing under 
     the applicable subparagraph of subsection (a)(1) the amount 
     that the agency is eligible to receive under this subsection.
       ``(ii)(I) For the third fiscal year beginning after the 
     date on which the Federal property is transferred, and for 
     each fiscal year thereafter, the Secretary shall, after 
     computing the amount that the agency is otherwise eligible to 
     receive under this subsection for the fiscal year involved, 
     deduct from such amount an amount equal to the revenue 
     received by the agency for the immediately preceding fiscal 
     year as a result of the taxable status of the former Federal 
     property.
       ``(II) For purposes of determining the amount of revenue to 
     be deducted in accordance with subclause (I), the local 
     educational agency--

       ``(aa) shall provide for a review and certification of such 
     amount by an appropriate local tax authority; and
       ``(bb) shall submit to the Secretary a report containing 
     the amount certified under item (aa).''.

     SEC. 8. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES 
                   WITH HIGH CONCENTRATIONS OF CHILDREN WITH 
                   SEVERE DISABILITIES.

       (a) Repeal.--Subsection (g) of section 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703(g)) is repealed.
       (b) Conforming Amendments.--(1) Section 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703) is amended by redesignating subsections (h) and (i) as 
     subsections (f) and (g), respectively.
       (2) Section 426 of the General Education Provisions Act (20 
     U.S.C. 1228) is amended by striking ``subsections (d) and (g) 
     of section 8003 of such Act'' and inserting ``section 8003(d) 
     of such Act''.

     SEC. 9. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 
                   8003.

       Section 8005(d) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7705(d)) is amended--
       (1) in paragraph (2), by inserting after ``not more than 60 
     days after a deadline established under subsection (c)'' the 
     following: ``, or not more than 60 days after the date on 
     which the Secretary sends written notice to the local 
     educational agency pursuant to paragraph (3)(A), as the case 
     may be,''; and
       (2) in paragraph (3) to read as follows:
       ``(3) Late applications.--
       ``(A) Notice.--The Secretary shall, as soon as practicable 
     after the deadline established under subsection (c), provide 
     to each local educational agency that applied for a payment 
     under section 8002 or 8003 for the prior fiscal year, and 
     with respect to which the Secretary has not received an 
     application for a payment under either such section (as the 
     case may be) for the fiscal year in question, written notice 
     of the failure to comply with the deadline and instruction to 
     ensure that the application is filed not later than 60 days 
     after the date on which the Secretary sends the notice.
       ``(B) Acceptance and approval of late applications.--The 
     Secretary shall not accept or approve any application of a 
     local educational agency that is filed more than 60 days 
     after the date on which the Secretary sends written notice to 
     the local educational agency pursuant to subparagraph (A).''.

     SEC. 10. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN 
                   ATTENDANCE OF MILITARY DEPENDENTS.

       Section 8006 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7706) is repealed.

     SEC. 11. CONSTRUCTION.

       (a) In General.--Section 8007 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7707) is amended 
     to read as follows:

     ``SEC. 8007. CONSTRUCTION.

       ``(a) Construction Payments Authorized.--
       ``(1) In general.--From 70 percent of the amount 
     appropriated for each fiscal year under section 8014(e), the 
     Secretary shall make payments in accordance with this 
     subsection to each local educational agency that receives a 
     basic support payment under section 8003(b) for that fiscal 
     year.
       ``(2) Additional requirements.--A local educational agency 
     that receives a basic support payment under section 
     8003(b)(1) shall also meet at least 1 of the following 
     requirements:
       ``(A) The number of children determined under section 
     8003(a)(1)(C) for the agency for the preceding school year 
     constituted at least 50 percent of the total student 
     enrollment in the schools of the agency during the preceding 
     school year.
       ``(B) The number of children determined under subparagraphs 
     (B) and (D)(i) of section 8003(a)(1) for the agency for the 
     preceding school year constituted at least 50 percent of the 
     total student enrollment in the schools of the agency during 
     the preceding school year.
       ``(3) Amount of payments.--
       ``(A) Local educational agencies impacted by military 
     dependent children.--The amount of a payment to each local 
     educational agency described in this subsection that is 
     impacted by military dependent children for a fiscal year 
     shall be equal to--
       ``(i)(II) 35 percent of the amount appropriated under 
     section 8014(e) for such fiscal year; divided by
       ``(II) the total number of weighted student units of 
     children described in subparagraphs (B) and (D)(i) of section 
     8003(a)(1) for all local educational agencies described in 
     this subsection (as calculated under section 8003(a)(2)), 
     including the number of weighted student units of such 
     children attending a school facility described in section 
     8008(a) if the Secretary does not provide assistance for the 
     school facility under that section for the prior fiscal year; 
     multiplied by
       ``(ii) the total number of such weighted student units for 
     the agency.
       ``(B) Local educational agencies impacted by children who 
     reside on indian lands.--The amount of a payment to each 
     local educational agency described in this subsection that is 
     impacted by children who reside on Indian lands for a fiscal 
     year shall be equal to--
       ``(i)(I) 35 percent of the amount appropriated under 
     section 8014(e) for such fiscal year; divided by
       ``(II) the total number of weighted student units of 
     children described in section 8003(a)(1)(C) for all local 
     educational agencies described in this subsection (as 
     calculated under section 8003(a)(2)); multiplied by
       ``(ii) the total number of such weighted student units for 
     the agency.
       ``(4) Use of funds.--Any local educational agency that 
     receives funds under this subsection shall use such funds for 
     construction, as defined in section 8013(3).
       ``(b) School Facility Modernization Grants Authorized.--
       ``(1) In general.--From 30 percent of the amount 
     appropriated for each fiscal year under section 8014(e), the 
     Secretary shall award grants in accordance with this 
     subsection to eligible local educational agencies to enable 
     the local educational agencies to carry out modernization of 
     school facilities.
       ``(2) Eligibility requirements.--A local educational agency 
     is eligible to receive funds under this subsection only if--
       ``(A) such agency (or in the case of a local educational 
     agency that does not have the authority to tax or issue 
     bonds, such agency's fiscal agent) has no capacity to issue 
     bonds or is at such agency's limit in bonded indebtedness for 
     the purposes of generating funds for capital expenditures; 
     and
       ``(B)(i) such agency received assistance under section 
     8002(a) for the fiscal year and has an assessed value of 
     taxable property per student in the school district that is 
     less than the average of the assessed value of taxable 
     property per student in the State in which the local 
     educational agency is located; or
       ``(ii) such agency received assistance under subsection (a) 
     for the fiscal year and has a school facility emergency, as 
     determined by the Secretary, that poses a health or safety 
     hazard to the students and school personnel assigned to the 
     school facility.
       ``(3) Award criteria.--In awarding grants under this 
     subsection the Secretary shall consider 1 or more of the 
     following factors:
       ``(A) The extent to which the local educational agency 
     lacks the fiscal capacity to undertake the modernization 
     project without Federal assistance.
       ``(B) The extent to which property in the local educational 
     agency is nontaxable due to the presence of the Federal 
     Government.
       ``(C) The extent to which the local educational agency 
     serves high numbers or percentages of children described in 
     subparagraphs (A), (B), (C), and (D) of section 8003(a)(1).
       ``(D) The need for modernization to meet--
       ``(i) the threat that the condition of the school facility 
     poses to the safety and well-being of students;
       ``(ii) overcrowding conditions as evidenced by the use of 
     trailers and portable buildings and the potential for future 
     overcrowding because of increased enrollment; and
       ``(iii) facility needs resulting from actions of the 
     Federal Government.
       ``(E) The age of the school facility to be modernized.
       ``(4) Other award provisions.--
       ``(A) Federal share.--The Federal funds provided under this 
     subsection to a local educational agency described in 
     subparagraph (C) shall not exceed 50 percent of the total 
     cost of the project to be assisted under this subsection. A 
     local educational agency may use in-kind contributions to 
     meet the matching requirement of the preceding sentence.
       ``(B) Maximum grant.--A local educational agency described 
     in subparagraph (C) may not receive a grant under this 
     subsection in an amount that exceeds $3,000,000 during any 5-
     year period.

[[Page H2996]]

       ``(C) Local educational agency described.--A local 
     educational agency described in this subparagraph is a local 
     educational agency that has the authority to issue bonds but 
     is at such agency's limit in bonded indebtedness for the 
     purposes of generating funds for capital expenditures.
       ``(5) Applications.--A local educational agency that 
     desires to receive a grant under this subsection shall submit 
     an application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require. Each application shall contain--
       ``(A) documentation certifying such agency's lack of 
     bonding capacity;
       ``(B) a listing of the school facilities to be modernized, 
     including the number and percentage of children determined 
     under section 8003(a)(1) in average daily attendance in each 
     school facility;
       ``(C) a description of the ownership of the property on 
     which the current school facility is located or on which the 
     planned school facility will be located;
       ``(D) a description of any school facility deficiency that 
     poses a health or safety hazard to the occupants of the 
     school facility and a description of how that deficiency will 
     be repaired;
       ``(E) a description of the modernization to be supported 
     with funds provided under this subsection;
       ``(F) a cost estimate of the proposed modernization; and
       ``(G) such other information and assurances as the 
     Secretary may reasonably require.
       ``(6) Emergency grants.--
       ``(A) Applications.--Each local educational agency 
     described in paragraph (2)(B)(ii) that desires a grant under 
     this subsection shall include in the application submitted 
     under paragraph (5) a signed statement from an appropriate 
     local official certifying that a health or safety deficiency 
     exists.
       ``(B) Priority.--If the Secretary receives more than 1 
     application from local educational agencies described in 
     paragraph (2)(B)(ii) for grants under this subsection for any 
     fiscal year, the Secretary shall give priority to local 
     educational agencies based on the severity of the emergency, 
     as determined by the Secretary, and when the application was 
     received.
       ``(C) Consideration for following year.--A local 
     educational agency described in paragraph (2)(B)(ii) that 
     applies for a grant under this subsection for any fiscal year 
     and does not receive the grant shall have the application for 
     the grant considered for the following fiscal year, subject 
     to the priority described in subparagraph (B).''.
       (b) Definition.--Section 8013 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713) is amended 
     by adding at the end the following:
       ``(13) Modernization.--The term `modernization' means 
     repair, renovation, alteration, or construction, including--
       ``(A) the concurrent installation of equipment; and
       ``(B) the complete or partial replacement of an existing 
     school facility, but only if such replacement is less 
     expensive and more cost-effective than repair, renovation, or 
     alteration of the school facility.''.

     SEC. 12. FEDERAL ADMINISTRATION.

       Section 8010(c) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7710(c)) is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively; and
       (3) in paragraph (2)(D) (as redesignated), by striking 
     ``section 5(d)(2) of the Act of September 30, 1950 (Public 
     Law 874, 81st Congress) (as such section was in effect on the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994) or''.

     SEC. 13. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

       (a) Administrative Hearings.--
       (1) In general.--Section 8011(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7711) is amended 
     by adding at the end before the period the following: ``if 
     the local educational agency or State, as the case may be, 
     submits to the Secretary a request for the hearing not later 
     than 60 days after the date of the action of the Secretary 
     under this title''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to an action of the Secretary under 
     title VIII of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7701 et seq.) initiated on or after the date 
     of the enactment of this Act.
       (b) Judicial Review of Secretarial Action.--Section 
     8011(b)(1) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7711(b)(1)) is amended by striking ``60 
     days'' and inserting ``30 working days (as determined by the 
     local educational agency or State)''.

     SEC. 14. DEFINITIONS.

       Section 8013(5)(A)(iii) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7713(5)(A)(iii)) is 
     amended--
       (1) in subclause (I), by striking ``or'' at the end; and
       (2) by adding at the end the following:
       ``(III) affordable housing assisted under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996; or''.

     SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

       (a) Payments for Federal Acquisition of Real Property.--
     Section 8014(a) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7714(a)) is amended by striking 
     ``$16,750,000 for fiscal year 1995'' and inserting 
     ``$32,000,000 for fiscal year 2000''.
       (b) Basic Payments.--Section 8014(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7714(b)) is 
     amended--
       (1) by striking ``subsections (b) and (f) of section 8003'' 
     and inserting ``section 8003(b)'';
       (2) by striking ``$775,000,000 for fiscal year 1995'' and 
     inserting ``$809,400,000 for fiscal year 2000''; and
       (3) by striking ``, of which 6 percent'' and all that 
     follows and inserting a period.
       (c) Payments for Children With Disabilities.--Section 
     8014(c) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7714(c)) is amended by striking ``$45,000,000 for 
     fiscal year 1995'' and inserting ``$50,000,000 for fiscal 
     year 2000''.
       (d) Payments for Increases in Military Children.--
     Subsection (d) of section 8014 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7714) is repealed.
       (e) Construction.--Section 8014(e) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7714(e)) is 
     amended by striking ``$25,000,000 for fiscal year 1995'' and 
     inserting ``$10,052,000 for fiscal year 2000''.
       (f) Facilities Maintenance.--Section 8014(f) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7714(f)) is amended by striking ``$2,000,000 for fiscal year 
     1995'' and inserting ``$5,000,000 for fiscal year 2000''.
       (g) Additional Assistance for Certain Local Educational 
     Agencies Impacted by Federal Property Acquisition.--Section 
     8014(g) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7714(g)) is amended--
       (1) in the heading, by striking ``Federal Property Local 
     Educational Agencies'' and inserting ``Local Educational 
     Agencies Impacted by Federal Property Acquisition''; and
       (2) by striking ``such sums as are necessary beginning in 
     fiscal year 1998 and for each succeeding fiscal year'' and 
     inserting ``$1,500,000 for fiscal year 2000 and such sums as 
     may be necessary for each of the four succeeding fiscal 
     years''.

     SEC. 16. EFFECTIVE DATE.

       This Act, and the amendments made by this Act, shall take 
     effect on October 1, 2000, or the date of the enactment of 
     this Act, whichever occurs later.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Goodling) and the gentlewoman from Hawaii (Mrs. Mink) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Goodling).


                             General Leave

  Mr. GOODLING. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on H.R. 3616, the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, first of all, I want to thank Miss Impact Aid. Miss 
Impact Aid, Ms. Selmser, is sitting beside me here. She came with me 19 
years ago, and she is still here and still doing Impact Aid.
  I rise in support of H.R. 3616, the Impact Aid Reauthorization Act of 
2000. This legislation, introduced by the gentleman from North Carolina 
(Mr. Hayes), updates and improves the Impact Aid program to address 
issues brought to our attention by school leaders and educators around 
the country.
  Up front let me thank the gentleman from North Carolina for his 
tireless effort on behalf of the Impact Aid program. His constituents 
should be very proud of his good work on behalf of America's students.
  H.R. 3616 was reported by the Committee on Education and the 
Workforce by a voice vote. It represents a strong bipartisan agreement 
and is supported by 10 cochairs of the bipartisan House Impact Aid 
Coalition, the National Association of Federally Impacted Schools, the 
National Military Impacted Schools Association and the Indian Impacted 
Schools Association.
  Mr. Speaker, the Impact Aid is unlike any other Elementary and 
Secondary Education program. Impact Aid is truly a Federal 
responsibility. It provides funds to schools that have lost taxable 
property due to Federal ownership, such as the presence of military 
installations, tribal lands, low-rent housing or national parks. 
Because of this Federal presence, the amount of money available to 
schools is reduced to the extent that it could negatively impact on the 
quality of education provided to students.
  There was a time when I believed the program was not well focused. 
Money

[[Page H2997]]

was being spent on districts where there was not a clear need due to a 
Federal presence. This changed with the reforms to Impact Aid during 
the last reauthorization in 1994. At that time the program was revised 
to focus available funds on those school districts with the greatest 
need for assistance. Since those changes were implemented, I believe 
the program has worked quite well, and the bill before us, H.R. 3616, 
continues these reforms, while including additional improvements to the 
Impact Aid program.
  H.R. 3616 would modify the formula used to determine payments for 
Federal property to ensure a more equitable distribution of funds. It 
also reforms the method used to make payments to the most heavily 
impacted school districts to reduce paperwork and speed up the receipt 
of needed funds. This change has been tested in a pilot program 
included in the last two appropriation bills and has proven to work.
  This legislation will revise the current construction provisions of 
Impact Aid. This section, modeled on a bill authored by the gentleman 
from Arizona (Mr. Hayworth), would allow federally-impacted school 
districts with no bonding capacity, or schools with health or safety 
hazards to apply for Impact Aid construction funds. A portion of these 
funds would be reserved for that purpose.
  The bill provides a funding floor for small school districts with 
fewer than a thousand children who have a per-pupil expenditure lower 
than their State average. This change will help these districts raise 
their per-pupil spending to a level that will provide them the 
necessary resources to better meet the educational needs of the 
student.
  Finally, as many of my colleagues know, every year we are faced with 
amendments to the Impact Aid program to assist schools that have missed 
filing deadlines. In the past, some districts have sent their 
applications to the wrong address or have had personnel changes that 
caused the deadline to be overlooked. H.R. 3616 contains a provision to 
require the Department of Education to notify schools that they have 
missed the filing deadline. The Department will also provide schools 
with 60 days from the date of notice to file their application.

                              {time}  1615

  In my view, this ensures that school districts will no longer have 
any excuse for missing their deadlines. They are not little children, 
so they should make sure they do not miss their deadlines if they want 
the money.
  These are but a few of the changes included in the legislation we are 
considering today. I would like to thank the gentleman from Missouri 
(Mr. Clay), the ranking minority member; the gentleman from Delaware 
(Mr. Castle); the gentleman from Michigan (Mr. Kildee); and, most 
importantly, the gentleman from North Carolina (Mr. Hayes) for working 
with me to create a strong bipartisan reauthorization bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MINK of Hawaii. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. MINK of Hawaii asked and was given permission to revise and 
extend her remarks.)
  Mrs. MINK of Hawaii. Mr. Speaker, today's legislation before the 
House, H.R. 3616, authorizes a very valuable and important Federal 
education program known as Impact Aid.
  Impact Aid is a Federal formula grant designed to assist school 
districts that have lost property tax revenue due to the presence of 
tax-exempt Federal property or have increased expenditures due to the 
enrollment of federally-connected children.
  Children covered under the Impact Aid law include those residing on 
Indian lands, military installations, low-rent housing properties and 
other Federal properties, and whose parents are in the uniformed 
services or employed on eligible Federal properties.
  Impact Aid is the only Federal education program where funds are sent 
directly to the school districts.
  In a State like Hawaii, which has a very large number of military 
installations and over 150,000 military personnel at any given time, we 
have a very large dependence on the impact program. So I want to take 
this opportunity to thank the chairman of the House Committee on 
Education and the Workforce, the gentleman from Pennsylvania (Mr. 
Goodling), for advancing this very important bill with the 
modifications that he described.
  I know that it is the product of several months of bipartisan 
negotiations, and I believe that the changes that have been made to the 
legislation will add many of the improvements that have been sought by 
our school districts, including the business about late filing.
  The bill allows a new provision for districts that have no bonding 
authority and have very serious construction and housing problems with 
reference to their school facilities, which present serious health and 
safety problems for the children. I hope that this new authority will 
address many of the emergency needs that have come to attention of this 
committee.
  In closing, Mr. Speaker, I urge Members to support this important 
legislation, H.R. 3616. It comes to the floor with very strong 
bipartisan support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLING. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Barrett) from the committee.
  Mr. BARRETT of Nebraska. Mr. Speaker, I thank my chairman for 
yielding me this time.
  Mr. Speaker, I rise in very strong support of the Impact Aid 
Reauthorization Act of 2000. Mr. Speaker, this bill provides much 
needed support for federally-impacted school districts without the 
local tax base to support education. This primarily includes those 
schools on or near military bases and on Indian reservations.
  I have always supported Impact Aid, and this bill goes a long way 
toward meeting some of the critical needs of Impact Aid schools. I 
especially like the expanded construction fund provisions to help 
schools without bonding authority. This will help Indian schools in my 
State like Winnebago, Walthill, Omaha Nation, and Santee.
  I often think it is too easy for people in Washington to forget that 
schools receiving Impact Aid are often the poorest and face some of the 
biggest obstacles. A few months ago, the Omaha World-Herald ran an 
excellent series describing some of the challenges facing Indian 
education in Nebraska and across the country. Dysfunctional tribal 
governments, poor home environments, alcohol, tobacco, drug addiction, 
the highest truancy and dropout rates of any minority group, and a host 
of other problems face Native American children in schools across this 
country.
  When the U.S. Government signed treaties with these tribes years ago, 
we promised to educate their children. So far, our efforts have fallen 
short and have left generations of Native American children without the 
chance of a good education.
  Now, at a very bare minimum, Mr. Speaker, for Native American 
children, as well as children from our military personnel, like those 
serving at the Omaha Offutt Air Force Base, we can authorize funds to 
support basic education through Impact Aid. This is a good bill. It is 
a well-balanced bill. I strongly urge the passage of the Impact Aid 
Reauthorization Act of 2000.
  Mrs. MINK of Hawaii. Mr. Speaker, I am pleased to yield 3 minutes to 
the gentleman from Virginia (Mr. Scott) a distinguished member of our 
Committee on Education and the Workforce.
  Mr. SCOTT. Mr. Speaker, I thank the gentlewoman from Hawaii for 
yielding me the time.
  Mr. Speaker, the bill before us today is a true bipartisan effort. I 
would like to thank the gentleman from Pennsylvania (Chairman 
Goodling), the gentleman from Delaware (Mr. Castle), the gentleman from 
Missouri (Mr. Clay) and the gentleman from Michigan (Mr. Kildee) for 
their work in crafting reauthorization which will ensure that 
federally-impacted school districts will continue to be compensated for 
the loss in property tax revenue due to the military or Federal 
presence in their district.
  I want to specifically thank the gentleman from Pennsylvania 
(Chairman Goodling) on behalf of the Virginia Tidewater Delegation, the 
gentleman from Virginia (Mr. Bateman), the gentleman from Virginia (Mr. 
Sisisky), the

[[Page H2998]]

gentleman from Virginia (Mr. Pickett) and myself for his assistance in 
resolving a unique situation in the district of the gentleman from 
Virginia (Mr. Pickett) at the Oceana Naval Air Station in Virginia 
Beach.
  As a result of the efforts of the chairman, the Virginia Beach school 
district can continue to receive Impact Aid without future penalties 
and other school districts who find themselves in a similar situation 
as it relates to rehabilitated military housing will have the 
appropriate guidance.
  Mr. Speaker, Impact Aid continues to be an important funding stream 
for school districts that enroll a high number of children whose 
parents serve in the military or whose parents are Federal employees.
  There is one part of the bill, however, Mr. Speaker, that needs 
improvement. I encourage the conference committee to work towards 
adjusting the funding formula to better reflect the impact of military 
and civilian dependent students whose parents work on Federal and 
military installations but actually reside in the local community.
  The school districts, obviously, will not benefit from the taxes paid 
by the employer of Federal employees. And employer taxes represent a 
substantial portion of the tax base which pays for public schools. And 
so, an increase in aid for those children will help compensate what the 
loss is to the school districts by the loss of employer taxes. That 
means a lot to school districts in Norfolk, Newport News or Hampton in 
my district. But the same scenario holds true for the other school 
districts in the Hampton area of Virginia such as York County, Virginia 
Beach, and Chesapeake.
  I want to congratulate my colleagues on this reauthorization, and I 
look forward to working with them towards full compensation of school 
districts for the loss in taxes that they receive and the Impact Aid as 
an extremely crucial part of helping that funding gap.
  Mr. GOODLING. Mr. Speaker, I yield 3 minutes to the gentleman from 
Nebraska (Mr. Terry).
  Mr. TERRY. Mr. Speaker, I rise in support of H.R. 3616.
  I testify today in my capacity as co-chairman of the Impact Aid 
Coalition and as the representative of Offut Air Force Base in my home 
district.
  Offutt Air Force Base has as its tenants US/STRATCOM and the 55th 
Wing and a variety of other missions. This district is a heavily-
impacted district. The land mass of Offutt Air Force Base is huge; and 
our school districts that educate the military children rely on their 
primary funding, property taxes, which, of course, because of the 
Federal base, this district does not collect.
  Each year Congress rides to the rescue for these type of school 
districts. Bellevue is a wonderful example of a school district 
dependent on the dead-beat dad of the Federal Government for its 
survival. Each year it survives attempts to cut the budget for these 
military families. Such as, in Bellevue, 45 percent of its school 
population is composed of military families.
  These families should not have to settle for less of an education 
than their counterparts surrounding Bellevue and Nebraska. Our military 
families should not be treated as second-class citizens.
  Mr. Speaker, I am especially pleased with how this legislation deals 
with section 8003(f). The Clinton/Gore administration, in their budget, 
recommended the elimination of this section, which would take $6 
million annually from this school district. H.R. 3616 deals a blow to 
this proposal by taking section (f) from a pilot program and making it 
a basic part of the payment structure. It would also encourage the 
method under which the supplemental payments are calculated and paid, 
therefore expediting the receipts of payment by heavily-impacted school 
districts. Until now, these heavily-impacted school districts had to 
wait a significant amount of time in order to receive their Federal 
payments.
  Those in our armed forces need to know that the Federal Government is 
doing right by the school systems that teach their children. Education 
programs outside of Impact Aid are receiving increases, while we 
survive repeated attempts to cut Impact Aid.
  I urge my colleagues to vote for this legislation. The $4.8 billion, 
5-year reauthorization will ensure that those schools that are heavily 
impacted will maintain its funding.
  Mrs. MINK of Hawaii. Mr. Speaker, I am pleased to yield 5 minutes to 
the gentleman from Texas (Mr. Edwards), who chairs the Congressional 
Impact Aid Caucus.
  Mr. EDWARDS. Mr. Speaker, I thank the gentlewoman from Hawaii (Mrs. 
Mink) for yielding me the time.
  Mr. Speaker, oftentimes the best products of this House pass with 
very little national attention for the very reason they have been put 
together on a bipartisan basis, and there has not been a great deal of 
conflict. This is a perfect example of that.
  This is an important bill, helping deserving families and children. 
The Impact Aid program annually helps over 17 million children, Native 
American, military children, and helps them receive a better education. 
It is an important program for many reasons.
  I want to congratulate the gentleman from Pennsylvania (Chairman 
Goodling) for his leadership, along with the gentleman from Missouri 
(Mr. Clay), in seeing that this important legislation that is affecting 
millions of children is here on the floor without rancor, without 
partisanship. This is a great compliment to the chairman and to the 
ranking member.
  I also want to take this time, I was not here on the floor, to thank 
the gentleman from Illinois (Mr. Porter), who is chairman of the 
Subcommittee on Labor, Health and Human Services and Education, and who 
has played a fundamental roll over the last several years in ensuring 
increased funding for these Native American children and military 
children. We will miss his leadership.
  But most importantly, millions of children will have a better life 
for many decades to come because of the leadership of the gentleman 
from Illinois (Mr. Porter), the gentleman from Pennsylvania (Mr. 
Goodling), and the gentleman from Missouri (Mr. Clay) and all of those 
on the committee who have worked on this important legislation.
  Mr. Speaker, as the representative of Ft. Hood, Texas, I have the 
privilege of representing the largest Army installation in the world. 
And from that perspective, I would like to take just a few moments to 
focus my remarks on the sacrifices made by military children, those 
children we are helping in this bill.
  On Veterans Day and Memorial Day, our Nation, and rightfully so, 
honors men and women in uniform who have given so much, perhaps their 
all, for all of us in this country.
  What is all too often forgotten is the sacrifices made by our 
military families and children. Think just for a minute, if you would, 
about the life of a military child, knowing how proud they are of their 
mom or dad who are serving in the military. But think for a moment what 
it is like to move five or six or eight or ten times between their 
first grade classes and graduating from high school. What is it like to 
just get elected as cheerleader in their high school or captain of 
their soccer team or football team only to find out that their mother 
or father has been asked by his or her country to move to another 
State?
  What is it like to have mom or dad deployed for 6 or 12 months at a 
time, missing baseball and soccer and other events at their school? And 
what is it like to have mother or father not be there for high school 
commencement because mom or dad is serving their country?
  Worse yet, what is it like for millions of young military children 
who have to face the possible reality of not having their mother or 
father at their high school commencement because they might have been 
killed in training or in combat?
  Just over a year ago, Mr. Speaker, I saw a high school junior in my 
district in Coleen, a young lady who saw her mother for the first time 
in 2 months because her mother was in Bosnia serving in uniform, saw 
her mother over teleconferencing from Ft. Hood. How do we put a value 
on the sacrifice of that young lady who had not even seen her mom in 2 
months and would not see her in person for several more months?

                              {time}  1630

  Just Easter weekend of this year with Senator Hutchinson and others, 
I met a young private who missed the birth recently of his first child. 
Who

[[Page H2999]]

among us as fathers in this House would not be devastated to be away 
from our wife upon such an important moment as that? We all know 
military children rightfully are proud of their parents.
  While we cannot fully understand all of their sacrifices unless we 
were in their shoes, what we can do and what we morally must do is say 
and to ensure that military children deserve no less than a first-class 
education. That is what impact aid is all about. It is a first-class, 
quality education for deserving children. It is telling our soldiers 
and sailors and airmen and Marines, if you are thousands of miles away 
in uniform putting your life on the line for your Nation, then you have 
a right to know your children are back home getting a good education. 
Impact aid is about readiness, because we cannot attract and keep the 
best and brightest in our military unless we ensure that their families 
can be confident their children will get a quality education. Impact 
aid. It is not the only way but it is an important way we in this House 
today on a bipartisan basis can say thank you to the servicemen and 
women of America.
  Mr. GOODLING. Mr. Speaker, I yield 2\3/4\ minutes to the gentlewoman 
from New York (Mrs. Kelly), who knows what impact aid is all about.
  Mrs. KELLY. Mr. Speaker, I rise today in support of H.R. 3616, the 
Impact Aid Reauthorization Act of 2000. This bill, which has moved 
through the committee process with strong bipartisan support is a clear 
example of this Congress' dedication to our Nation's children and a 
fulfillment of the Federal commitment to local educational agencies 
impacted by the presence of the Federal Government.
  In fact, section 8002 of the Impact Aid Program which serves land 
impacted districts was funded in fiscal year 2000 at almost twice the 
amount it was funded at for fiscal year 1995. However, this section and 
the entire program is still not yet fully funded. Due to the program's 
limited resources, we face a situation where we must factor need into 
the funding formula to ensure that resources are getting to the schools 
who rely on the assistance the most.
  Like many of my colleagues, I represent one of the most highly 
impacted schools in the Nation. This school relies on the impact aid 
program. Adjacent to West Point, the Highland Falls-Fort Montgomery 
school district is a textbook example of the importance of this 
program. As one of 243 land impacted school districts, it is nearly 
impossible for this district to raise the revenues necessary to provide 
their children with the quality of education which they deserve. 
Because this school is sandwiched between Federal land, a State park 
and the Hudson River, it leaves the school district with 93 percent 
nontaxable land. Only 7 percent of land is available from which to fund 
the school. Several years ago when faced with decreased funding, the 
school district was faced with a real possibility that it would have to 
close its doors. They were forced to eliminate several teachers, some 
of the support staff and some administrators. In fact, it even got so 
bad that the students walked out to protest the deteriorating 
conditions of their schools. Today, thanks to the renewed support of 
section 8002 and of the Impact Aid Program, this school district has 
been able to begin capital improvements, they have hired new teachers, 
they have tutors and they have reinstated the college advanced 
placement courses. None of this would have been possible without the 
assistance that they received through Impact Aid.
  Mr. Speaker, reauthorization of this and the other programs 
associated with the Elementary and Secondary Education Act is critical 
to the future success of our children and our Nation. I urge my 
colleagues to vote in support of this legislation.
  In addition, I would like to thank the sponsor of this legislation 
the gentleman from North Carolina (Mr. Hayes) and the distinguished 
chairman of the Committee on Education and the Workforce the gentleman 
from Pennsylvania (Mr. Goodling) for his tireless efforts on behalf of 
the children of this Nation, both during his 26 years in the House and 
as a school superintendent. His efforts are appreciated and they will 
be very much missed in the future. We thank him for all he has done for 
all of the schoolchildren of this Nation.
  Mr. GOODLING. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from New York (Mr. Gilman).
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, as a longtime cosponsor of impact aid legislation, I 
rise today in strong support of this bill. I would note that the Impact 
Aid Reauthorization Act of 2000 is an important step forward. I want to 
thank the sponsor of the legislation for his hard work, the gentleman 
from North Carolina (Mr. Hayes) and the gentleman from Pennsylvania 
(Mr. Goodling), the distinguished chairman of the Committee on 
Education and the Workforce, and the gentlewoman from Hawaii (Mrs. 
Mink) for their longtime advocacy of impact aid.
  This measure, Mr. Speaker, will assist those school districts with 
their loss of tax revenues resulting from a heavy presence of federally 
owned lands. Such is the case for the Highland Falls-Fort Montgomery 
School District located in Orange County, New York, which includes some 
16,000 acres of the United States Military Academy at West Point.
  Mr. Speaker, this measure establishes a pilot program for heavily 
impacted school districts and addresses the growing problem of how to 
compensate school districts for the loss of impact aid revenues due to 
the continued practice of privatizing military housing, all of which is 
of particular concern to those in the Highland Falls-Fort Montgomery 
District due to the presence of the West Point Military Academy.
  I am pleased that the House today is considering this important 
measure to once again ensure the economic viability of those school 
districts throughout our communities providing the important service of 
educating our children, including those from the armed forces.
  Accordingly, I urge all of our colleagues to support this important 
Impact Aid measure.
  Mr. GOODLING. Mr. Speaker, if I had known what the gentlewoman from 
New York was going to say at the end, I would have given her a couple 
of minutes.
  Mr. Speaker, I yield 5 minutes to the gentleman from North Carolina 
(Mr. Hayes), who worked tirelessly to promote this legislation.
  (Mr. HAYES asked and was given permission to revise and extend his 
remarks.)
  Mr. HAYES. Mr. Speaker, I would like to take up where the gentlewoman 
from New York left off. The gentleman from Pennsylvania has worked with 
enthusiasm, with determination and with tireless effort to move this 
bill forward. I would like to also thank the gentleman from Michigan 
(Mr. Kildee), the ranking member of the subcommittee, again for his 
tireless effort and identify myself with the remarks of the gentleman 
from Texas (Mr. Edwards) and call to the attention of the body that 
this has been a bill supported strongly by Members on both sides of the 
aisle. This has been an example of Congress working together for our 
young people to give them opportunities and working at its best.
  Mr. Speaker, I rise to ask my colleagues, as have others, to support 
strongly this important piece of education legislation. In my 
Congressional district, impact aid is a crucial element of the basic 
financial support for schools in Cumberland, Robeson, Hoke, Richmond 
and Scotland Counties. Just as local taxes support other school 
districts, impact aid bridges the gap in counties where the Federal 
Government is a major landowner. In some cases, impact aid supplies a 
significant portion of school districts' operating budgets. For 
example, in Cumberland County, home of Fort Bragg and Pope Air Force 
Base, over one-third of the school district's budget comes from impact 
aid and other Federal education programs. In fact, the Cumberland 
County School System receives the most impact aid of any system in 
North Carolina. Dr. Bill Harrison, superintendent of Cumberland County 
Schools, recently testified before Congress on the importance of impact 
aid. He did a great job of describing the real world ways by which our 
children are helped through impact aid.
  The Impact Aid Reauthorization Act of 2000 builds on key improvements 
to

[[Page H3000]]

the Impact Aid Program. The program was written so it would focus 
impact aid dollars on those school districts most heavily impacted by a 
Federal presence. These changes have proven extremely successful in 
getting funds to schools in greatest need of assistance, thus enabling 
them to improve the quality of education provided to students. This 
legislation will further improve the program and should lead to even 
stronger support among my colleagues for funding key needs in federally 
impacted school districts. As in my Congressional district, many of the 
children affected by this law are the children of members of the Armed 
Services. We need to make sure that the men and women who serve and put 
themselves in harm's way have peace of mind knowing that their children 
will receive a quality education.
  As one of the over 150 members of the Impact Aid Coalition, one of 
the largest bipartisan coalitions in Congress, we have worked together 
to support our local school systems that provide support for military 
men and women and those citizens who are affected by Federal 
properties. This bill has the support of the National Association of 
Federally Impacted Schools, the association that represents over 1,600 
school districts nationwide that will benefit from this legislation, 
and also the National Military Impacted Schools Association. I would 
like to submit their letters of support for the Record.

                              Air Force Sergeants Association,

                              Temple Hills, MD, February 28, 2000.
     Hon. Robin Hayes,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Hayes: On behalf of the 150,000 members 
     of the Air Force Sergeants Association, I applaud you for 
     introducing H.R. 3616, the ``Impact Aid Reauthorization Act 
     of 2000.'' Congratulations on the unanimous vote to bring 
     H.R. 3616 out of the House Education & Workforce Committee to 
     the floor of the House of Representatives. This unanimous 
     vote is a great sign of your leadership and the commitment 
     that committee members have to the children of our military 
     men and women. Your leadership in developing this legislation 
     to reauthorize Impact Aid will benefit thousands of children 
     and school districts.
       Thank you again for sponsoring the ``Impact Aid 
     Reauthorization Act of 2000.'' As always we are ready to 
     support you on this and other matters of mutual concerns.
           Sincerely,
                                                  James D. Staton,
     Executive Director.
                                  ____

                                           National Association of


                                   Federally Impacted Schools,

                                Washington, DC, February 23, 2000.
     Hon. Robin Hayes,
     House of Representatives,
     Washington, DC.
       Dear Representative Hayes: On behalf of the 1,600 local 
     educational agencies that are impacted by a federal presence, 
     I want to thank you for your leadership and support in 
     shepherding H.R. 3616 through the House Education and the 
     WorkForce Committee last week. Your introduction of the bill 
     will reauthorize the Impact Aid Program for the next five 
     years is in itself a reason for the National Association of 
     Federally Impacted Schools (NAFIS) to say thank you. But your 
     work to see to it that the bill was favorably reported out of 
     the Education and Workforce Committee exemplifies your 
     unqualified support for the Impact Aid Program.
       As you know the bill was unanimously reported out of 
     committee, but we were very concerned about the amendment to 
     eliminate the civilian ``b'' student from the program offered 
     by Representative Tancredo. The passage of his amendment 
     would have made it very difficult for NAFIS as an association 
     representing the interests of all the categories of federal 
     students, to support the bill on the House floor. I hesitate 
     to even think of what our options might have been in terms of 
     trying to overturn the Tancredo amendment. Because the 
     program is not found in every congressional district, our job 
     on the House floor would have been difficult. I know for a 
     fact that your conversations with your Republican colleagues 
     on the committee prior to the mark-up, helped insure that Mr. 
     Tancredo's amendment would fail. I can't find the words to 
     express the association's thanks for your ``active'' support 
     for the bill. Without question, your role as the original 
     sponsor of this legislation, made it possible for the bill to 
     be reported out of committee without amendment.
       Our job now is to move the bill through the full House next 
     week. I am hopeful that bringing it up on the suspension 
     calendar will avoid any potential problems that might be 
     lingering. If you feel a need for any assistance from our 
     office as the committee prepares to bring the bill to the 
     floor, please let me know. We will continue to work with 
     Chairman Goodling's staff as they prepare for next week, but 
     again please know that NAFIS recognizes your unselfish role 
     in moving this bill through the House. Again thank you!!!
           Sincerely,
                                              John B. Forkenbrock,
     Executive Director.
                                  ____



                                    Fleet Reserve Association,

                                Alexandria, VA, February 22, 2000.
     Hon. William Goodling,
     Chairman, Education and the Workforce Committee, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: On behalf of the 152,000 members of the 
     Fleet Reserve Association (FRA), I wish to express strong 
     support for H.R. 3616, a proposal introduced by Rep. Robin 
     Hayes that re-authorizes and improves the Impact Aid program 
     under the Elementary and Secondary Education Act of 1965.
       Impact Aid is an essential support program for schools near 
     military installations enrolling children of uniformed 
     services members. If enacted, H.R. 3616 will help ensure a 
     more balanced distribution of funds, revise construction 
     regulations and authorize other positive changes in the 
     administration of the program. Of special importance to 
     military personnel and their families is an amendment that 
     provides more equitable payments for children living in 
     privatized military housing communities on land formerly 
     owned by the Federal Government.
       Quality of life concerns significantly impact military 
     recruiting and retention and are directly related to 
     readiness. Anxiety about the quality of elementary and 
     secondary educational opportunities for their children at 
     each duty station ranks as one of the major concerns along 
     with pay, health care, etc., of our Nation's service members. 
     As the Armed Services work to execute demanding operational 
     commitments around the world, uniformed personnel need not 
     have these additional concerns complicating their military 
     duties.
                                  ____

                                                 National Military


                                 Impacted Schools Association,

                                  Bellevue, NE, February 17, 2000.
     Congressman Bill Goodling,
     House Education & Workforce Committee,
     Washington, DC.
       Dear Congressman Goodling: The Military Impacted Schools 
     Association (MISA) is extremely proud of the leadership you 
     and your staff have demonstrated in developing the 
     legislative proposal to reauthorize the Impact Aid Program. 
     Congratulations on the unanimous vote to bring H.R. 3616 out 
     of the House Education & Workforce Committee to the floor of 
     the House of Representatives.
       There has been a real sensitivity to the needs of military 
     children and your support is greatly appreciated.
       The discussion on the proper weight for a military (b) 
     child is also appreciated and we hope this can be continued.
       On behalf of the public schools serving the educational 
     needs of over 550,000 military children, we wholeheartedly 
     endorse and support your Impact Aid reauthorization proposal.
           Warmest regards,
                                            John F. Deegan, Ed.D.,
     Chief Executive Officer.
                                  ____

                                          National Military Family


                                             Association, Inc.

                                Alexandria, VA, February 22, 2000.
     Hon. William Goodling,
     Chairman, Education and the Workforce Committee, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The National Military Family Association 
     (NMFA) congratulates you, the members of your Committee, and 
     your staff for the unanimous vote to bring H.R. 3616 to the 
     House floor. This proposal, introduced by Rep. Robin Hayes, 
     provides important improvements to the reauthorization of the 
     Impact Aid Program.
       As the only national association whose sole focus is the 
     military family, NMFA knows that military members rank 
     quality education for their children as a top priority. The 
     approximately 75 percent of military children who attend 
     school in civilian systems rather than DoD schools depend on 
     the Impact Aid Program to help ensure adequate funding for 
     the schools serving the military installations where their 
     parents are assigned. This program is essential to the 
     quality of education received by over 500,000 military 
     children as well as several million of their civilian 
     classmates.
       We were especially pleased to see the provisions in HR 3616 
     dealing with equitable payments for children living in 
     privatized military housing or being moved when military 
     family housing is undergoing renovation. Protecting the 
     funding stream for children already in the system is very 
     important. NMFA also appreciates the proposal's attention to 
     the construction needs of districts serving large numbers of 
     military children.
       On behalf of the military families we represent, NMFA 
     appreciates your support of the Impact Aid program and 
     endorses HR 3616.
           Sincerely yours,

                                            Margaret Hallgren,

                                   Director, Government Relations,
     National Military Family Association.
                                  ____


              National Indian Impacted Schools Association

     House of Representatives,
     Washington, DC
       Dear Representative: Over the past several months the 
     National Indian Impacted Schools Association (NIISA) has 
     worked closely with the National Association of Federally 
     Impacted Schools (NAFIS) to make

[[Page H3001]]

     recommendations to the United States House of Representatives 
     Committee on Education and Workforce on the reauthorization 
     of the Impact Aid Program. H.R. 3616 is the result of those 
     collaborative efforts. I am pleased to say that that bill 
     includes only minor changes which will ``fine tune'' the 
     existing law or revise it to address specific concerns 
     brought forward by both military and Indian lands school 
     districts.
       NIISA would like to commend the committee for recognizing 
     the facility needs of school systems that are highly impacted 
     with Indian land and federal trust property. The committee 
     bill recognizes that many of these school systems lack the 
     capacity to issue capital construction bonds and in addition, 
     many of these same school systems are currently educating 
     children in facilities that pose a serious health threat to 
     the students and faculty working within them. The reasonable 
     and responsible approach taken by the committee to address 
     this very serious issue is celebrated by the impact aid 
     community and NIISA urges the Congress to support the 
     committee's recognition of the federal obligation to address 
     this serious building issue.
       In summary, the NIISA community strongly supports H.R. 3616 
     which the United States House of Representatives is about to 
     consider. We urge all members of the House to support this 
     bill when it comes up for vote.
           Sincerely,
                                                    Brent D. Gish,
                                                        President.

  Mr. HAYES. Mr. Speaker, we have a responsibility to assist those 
school districts impacted by a Federal presence. The Impact Aid 
Reauthorization Act of 2000 will help ensure school districts receive 
the support they need to provide children with the best possible 
education. These are thoughtful improvements to a very important law. I 
again thank the gentleman from Pennsylvania for his many years of 
service, his effort on this bill, and I strongly urge my colleagues to 
wholeheartedly support this legislation.
  Mrs. MINK of Hawaii. Mr. Speaker, I yield back the balance of my 
time.
  Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank Alex Nock and Marshall Grigsby on the minority side. 
It may be the last time that we can address Alex as Alex Nock because I 
understand he is getting married and must take his wife's name from 
that point on.
  Again I want to thank George Conant on our side, and I particularly 
want to thank Ms. Impact Aid, Lynn Selmser.
  Mr. CUNNINGHAM. Mr. Speaker, I am proud to rise in support of H.R. 
3616, the Impact Aid Reauthorization Act. As a co-chair of the 
bipartisan House Impact Aid Caucus, now over 120 members strong, and as 
an early cosponsor of this bipartisan legislation, I urge my colleagues 
to vote for H.R. 3616 today.
  Let me take a moment to describe for my colleagues what education 
Impact Aid is, and why this legislation is important.
  Impact Aid represents the fulfillment of federal responsibility to 
local public education. Local public schools are chiefly funded by a 
combination of state and local income, sales and property taxes. Some 
93 percent of local public education funding is just that--local, not 
federal. However, the presence of federal facilities such as national 
security installations and Indian reservations has a negative impact on 
local property tax collections. Such federal property is not locally 
taxed. This impact reduces the locally-generated revenues to our local 
public schools--the very same local public schools attended by the 
children of military personnel or Native Americans. Simply put, Uncle 
Sam does not pay local property tax for local public education. So 
until the federal government pays local property tax, the federal 
government has a responsibility to provide education Impact Aid.
  Most of the funding for Impact Aid is paid as general revenue to 
local education agencies to compensate for federal impaction, which 
each local school district calculates by formula. Other Impact Aid 
programs pay to local school districts involved in special 
circumstances, such as a high presence of children requiring special 
education, sizable tracts of federal property ineligible for private 
development and taxation, a large percentage of student population that 
is federally connected, the presence of Native American children, and 
other factors. Each one of these is important.
  Unfortunately, Mr. Speaker, Impact Aid has been under unprecedented 
and continuous attack from the Clinton-Gore Administration.
  Year after year, Clinton-Gore budgets cut and gut Impact Aid, some 
years by hundreds of millions of dollars. This year's budget submission 
for Fiscal Year 2001 is no different; the Administration has for FY 
2001 proposed a risky scheme to slash Impact Aid by $136.5 million. 
This astonishes me for several reasons.
  First, military families are under more stress than ever, with 
parents being sent on longer and more frequent deployments thanks to 
this Administration's foreign policy and its failure to budget 
adequately for our basic national security needs. Military recruitment 
is a challenge, and retaining quality soldiers, sailors and Marines is 
more difficult every passing year. Yet, President Clinton and Vice 
President Gore are once again cutting and gutting direct funding to the 
schools attended by these families' children, which is clearly a 
federal responsibility.

  Secondly, the economic and social challenges on American Indian 
reservations continue to be most grave, with unemployment and other 
measures of social stress far above the national average. Their school 
buildings are falling apart. They have no ability to raise more local 
property tax revenues for education. The federal government has a 
specific responsibility to these communities. Yet, President Clinton 
and Vice President Gore have annually cut the funding for their 
schools, by cutting funding for Impact Aid.
  Thirdly, the Clinton-Gore Administration's callousness toward this 
responsibility has extended to the Department of Education's historic 
misadministration of this important program. Through FY 1999, schools 
and observers of the Impact Aid program could count on schools' 
payments being made later and later, requiring local schools to take 
out loans and pay interest just to meet regular budget obligations. As 
late as mid-1999, the Department was as much as five years late in 
making certain Impact Aid payments. I am pleased to note that after 
several years of the Appropriations Subcommittee on Labor, HHS and 
Education bringing this to the Administration's attention, the 
Department has finally, after seven years of Clinton-Gore, been making 
Impact Aid payments on a more timely basis. There was never any valid 
excuse for them to be made so late in the first place.
  Given all this, it is not surprising that the Administration's own 
proposal to reauthorize Impact Aid would have eliminated Impact Aid 
payments to hundreds of schools that have legitimate federal impact 
within their borders.
  I am pleased to inform Members, however, that the House 
Appropriations Subcommittee that funds the Impact Aid program has 
rejected the mean, extreme Clinton-Gore cut of Impact Aid, and 
recommended an increase.
  Why is this legislation important?
  First, H.R. 3616 renews and improves the administration of the Impact 
Aid program. Without making drastic changes in the legislation since 
the 1994 authorization, or to the 1996 Impact Aid Technical Amendments 
which I authored, H.R. 3616 nevertheless addresses challenges that have 
arisen in the Impact Aid program, and makes needed improvements. Among 
these are several important incremental improvements to Impact Aid that 
in recent years have been carried by the Appropriations Subcommittee on 
Labor, HHS and Education as legislative language. These improvements 
have successfully simplified schools' application process, and 
accelerated payments to eligible schools.
  Second, and most important, it demonstrates the commitment of the 
people's bipartisan representatives in this House to Impact Aid as a 
federal responsibility to America's public schools, to their teachers, 
administration and students, and to the families who serve our country 
in the military and to Native Americans.
  Mr. Speaker, in closing I want to thank several people who have 
helped to develop this important legislation.
  The bill's sponsor, Representative Robin Hayes, Republican from North 
Carolina, has done a tremendous job with this bill. Congressman Hayes 
is a friend of education and a friend to America.
  I also want to recognize House Education and Workforce Committee 
Chairman Bill Goodling, House Education Appropriations Chairman John 
Porter, and all of the members of the bipartisan House Impact Aid 
Coalition, for the contributions they have made to this legislation.
  Good work does not happen in a vacuum. Thus, I also want to single 
out for special thanks the following people: Ms. Lynn Selmser of the 
Education Committee Staff; John Forkenbrock, the executive director of 
the National Association of Federally Impacted Schools and his staff 
and membership; and my constituent Rick Knott, comptroller of the San 
Diego City Schools and chairman of the California Association of 
Federally Impacted Schools. Their specific efforts for Impact Aid help 
children, and have made this a better bill.
  With that, Mr. Speaker, I urge Members to vote for schools, for 
children, and for our military and Native American families, by voting 
for this bill, H.R. 3616.
  Mr. POMEROY. Mr. Speaker, I strongly support H.R. 3616, the Impact 
Aid Reauthorization Act. In addition to its other important components, 
this legislation includes a critical provision that would help 
federally impacted schools in North Dakota and across the country meet 
their urgent repair needs.
  Since 1950, through the Impact Aid program, the federal government 
has recognized

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its responsibility to assist school districts and communities that are 
impacted by a federal presence such as a military base or Indian 
reservation. Today over 1\1/2\ million children in over 1,600 school 
districts across the country depend on the Impact Aid program for a 
quality education.
  Until 1994, Congress provided substantial assistance to help 
federally impacted districts build and repair their schools. This 
assistance is particularly important to districts whose property tax 
circumstances make it almost impossible to pass school construction 
bonds. Since 1994, however, federal funding for the Impact Aid school 
construction account has fallen off and no longer meets the needs of 
the over two hundred qualifying schools. As a result, many of these 
school buildings have become run down, overcrowded, and in some cases, 
a danger to the health and safety of their students.
  I became ware of the real impact of inadequate construction funding 
when I visited a federally impacted school in my district, Cannonball 
Elementary. Cannonball Elementary is located on the Standing Rock 
Reservation in North Dakota, and serves as a perfect example of the 
many challenges Impact Aid schools face in trying to provide a safe and 
healthy learning environment with serverly limited resources.
  The Standing Rock Reservation currently suffers from staggering 
unemployment rates and overall economic depression. A quality education 
is critical in ensuring that the children on this reservation escape a 
life of poverty. As in all federally impacted schools, a quality 
education for children at Cannonball depends upon the willingness of 
the federal government to fulfill the responsibility to it acknowledged 
in 1950.
  For the past several years, however, the federal government's 
commitment to Impact Aid has fallen short of meeting the most basic 
needs of these students. As a result of inadequate construction 
funding, Cannonball has fallen into despair. Storage rooms have been 
converted to makeshift classrooms and entire portions of the building 
have been condemned. Students and teachers are often forced to move 
from classroom to classroom to dodge the stench of sewer back-up that 
permeates through the building. I have walked the halls of Cannonball 
Elementary and have found the conditions these children face on a day-
to-day basis to be simply deplorable.
  Cannonball Elementary and federally impacted schools like it across 
the country find themselves in a kind of ``Catch 22'' when trying to 
keep up with their construction needs. Although these schools depend 
upon the federal government to fund their construction needs, current 
funding is barely sufficient to cover the daily operating expenses of 
Impact Aid schools, and repair needs have become increasingly 
desperate. Last year, a mere $10 million was allocated to section 8007, 
the Impact Act school construction account. Moreover, $3 million of the 
$10 million appropriated for section 8007 was earmarked for special 
projects. The remaining Impact Act schools were left with the balance--
only $7 million to address all construction and renovation needs for 
over 1,600 schools.
  The Cannonball School relies on federal Impact Air funds to meet its 
repair needs, and when that funding is not adequate, the school 
literally has no other source of funds. The ``Catch-22'' for schools 
like Cannonball is that when Impact Aid funding is insufficient, they 
are left out in the cold because they lack a property tax base and the 
capacity to pass school construction bonds to support urgent repairs. 
Several other districts in North Dakota, including Minot and Grand 
Forks Air Force Base school districts, also face the same problem.
  Mr. Speaker, I believe that the legislation we will vote on today 
offer great hope that the Cannonball school and others can finally 
address their urgent needs. Specifically, H.R. 3616 would create a new 
section 8007(b) within the Impact Air program to fund urgent school 
modernization projects. Under this legislation, an individual school 
district could receive a grant of up to $3 million any time during the 
five-year authorization period. In order to make the federal funds go 
farther, the bill also required districts to provide matching funds, 
but allows for in-kind contributions to count towards the match.
  This provision of H.R. 3616 is based on the Federally Impacted School 
Improvement Act legislation Representative Hayworth (R-AZ) and I 
introduced last year. I would like to take this opportunity to thank 
Representative Hayworth and other members of the House Impact Aid 
Coalition for their role in the inclusion of section 8007 (b) in this 
legislation. I would also like to recognize John Forkenbrock in Brady 
King of the National Association of Federally Impacted Schools 
Association (NAFIS) for their tireless advocacy on behalf of Impact Aid 
school districts across the country.
  Finally, Mr. Speaker, I would like to thank Representative Kildee, 
(D-MI), the Ranking Member of the Committee on Education and the 
Workforce. Our success today is due in no small part to Mr. Kildee's 
vocal support of the inclusion of a school modernization provision in 
H.R. 3616. On behalf of the students of Cannonball Elementary and 
thousands like them across the country, I would like to express my 
gratitude to Mr. Kildee for his dedication to improving the educational 
opportunities of our children.
  Again, Mr. Speaker, I urge my colleagues to vote in favor of this 
important legislation, which would help federally impacted schools 
across the country provide a quality education in a safe, healthy, 
learning environment.
  Mr. WATTS of Oklahoma. Mr. Speaker, I am in strong support of the 
Impact Aid program. Impact Aid is one of the oldest federal education 
programs, dating back to 1950. Impact Aid compensates local educational 
agencies, LEAs, for the substantial and continuing financial burden 
resulting from federal activities. These activities include federal 
ownership of certain lands, thus taking the land off the tax roles, as 
well as the enrollment in LEAs of children of parents who work and/or 
live on federal land. The federal government provides compensation 
because these activities deprive LEAs of the ability to collect 
property or sales taxes from these individuals, for example members of 
the Armed Forces living on military bases, even though the LEAs are 
obligated to provide free public education to their children. Thus, 
Impact Aid is a federal payment to a school district intended to make 
up for a loss of local tax revenue due to the presence of non-taxable 
federal property.
  Impact Aid is one of the only federal education programs where the 
funds are sent directly to the school district, and thus there is 
almost no bureaucracy. In addition, these funds go into the general 
fund, and may be used as the local school district decides. As a 
result, the funds are used for the education of all students, and there 
is no rake-off by states or the federal government to fund bureaucrats.
  Nationwide, there are approximately 1,500 federally impacted school 
districts that are educating 1.3 million federal children. In Oklahoma, 
there are 287 Oklahoma school districts with federal property. A total 
of 258,914 students are enrolled in Oklahoma's Federally Impacted 
Schools. The fourth district of Oklahoma is home to three military 
bases. Therefore, Oklahoma is comprised of students who are military 
children, children living in Indian lands, children residing in federal 
Low Rent Housing projects, children whose civilian parents work on 
federal property, but do not live on federal property, and children who 
are special education students. Considering the staggering number of 
federally impacted children, it is abundantly clear that the federal 
government has an obligation to federally impacted schools.
  By increasing its support, the federal government can assist these 
schools in providing a quality education to thousands of children 
across the country. Therefore, I urge my colleagues to join me in 
reauthorizing the Impact Aid Program. Millions of students depend on 
the Impact Aid program for a quality education. Let's not disappoint 
them.
  Mr. GOODLING. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Goodling) that the 
House suspend the rules and pass the bill, H.R. 3616, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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