[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
[[Page H3002]]
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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