To amend the assistance to local educational agencies with significant enrollment changes in military dependent students due to force structure changes, troop relocations, creation of new units, and realignment under BRAC.

1. Rewrites section 582

   Replaces

   In S. 1042 · Placed on Calendar Senate

   SEC. 582. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES WITH SIGNIFICANT ENROLLMENT [struck: INCREASES][inserted: CHANGES] IN MILITARY DEPENDENT STUDENTS DUE TO [inserted: FORCE STRUCTURE CHANGES, ]TROOP RELOCATIONS, CREATION OF NEW UNITS, AND [struck: REALIGNMENTS][inserted: REALIGNMENT] UNDER BRAC.

   (a) Availability of Assistance.--To assist communities [struck: in ]making adjustments resulting from [struck: the creation of new units and other large- scale relocations ][inserted: changes in the size or location ]of [struck: members of ]the Armed Forces[struck: between military installations], the Secretary of Defense [struck: may][inserted: shall] make payments to [inserted: eligible ]local educational agencies [struck: described in subsection (b) ]that, during the period between the end of the school year preceding the fiscal year for which the payments are authorized and the beginning of the school year immediately preceding that school year, had [struck: an overall increase in ][inserted: (as determined by ]the [struck: number][inserted: Secretary] of [struck: military dependent students enrolled in schools][inserted: Defense in consultation with the Secretary] of [struck: such local educational agencies equal to ][inserted: Education) an overall increase ]or [struck: greater than 250 military dependent students.][inserted: reduction of--]

   Struck: (b) Eligible Local Educational Agencies.--A local educational agency is eligible for assistance under this section for a fiscal year only if the Secretary of Defense determines that--

   Struck: (1) the local educational agency is eligible for educational agencies assistance for the same fiscal year; and

   Struck: (2) the required overall increase in the number of military dependent students enrolled in schools of that local educational agency, as provided in subsection (a), occurred as a result of the relocation of military personnel due to--

   Struck: (A) the global rebasing plan of the Department of Defense;

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   Struck: (B) the official creation or activation of one or more new military units; or

   Struck: (C) the realignment of forces as a result of the base closure process.

   Struck: (c) Notification.--Not later than June 30, 2006, and June 30 of each of the next two fiscal years, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under this section for such fiscal year of--

   Struck: (1) the eligibility of the local educational agency for the assistance; and

   Struck: (2) the amount of the assistance for which that local educational agency is eligible, as determined under subsection (d).

   Struck: (d) Amount of Assistance.--

   Struck: (1) In general.--In making assistance available to local educational agencies under this section, the Secretary of Defense shall, in consultation with the Secretary of Education, make assistance available to such local educational agencies for a fiscal year on a pro rata basis based on the size of the overall increase in the number of military and Department of Defense civilian dependent students enrolled in schools of those local educational agencies for such fiscal year.

   Struck: (2) Limitation.--No local educational agency may receive more than $1,000,000 in assistance under this section for any fiscal year.

   Struck: (e) Disbursement of Funds.--The Secretary of Defense shall disburse assistance made available under this section for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (c) for that fiscal year.

   Struck: (f) Consultation.--The Secretary of Defense shall carry out this section in consultation with the Secretary of Education.

   Struck: (g) Reports.--

   Struck: (1) Reports required.--Not later than May 1 of each of 2007, 2008, and 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year preceding the date of such report.

   Struck: (2) Element.--Each report on the assistance provided during a fiscal year under this section shall include an assessment and description of the current compliance of each local educational agency receiving such assistance with the requirements of the No Child Left Behind Act of 2001 (Public Law 107-110).

   Struck: (h) Funding.--Of the amount authorized to be appropriated to the Department of Defense for fiscal years 2006, 2007, and 2008 for operation and maintenance for Defense-wide activities, $15,000,000 shall be available for each such fiscal year only for the purpose of providing assistance to local educational agencies under this section.

   Struck: (i) Termination.--The authority of the Secretary of Defense to provide financial assistance under this section shall expire on September 30, 2008.

   Struck: (j) Definitions.--In this section:

   Struck: (1) The term "base closure process" means the 2005 base closure and realignment process authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date.

   Struck: (2) The term "educational agencies assistance" means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102- 484; 20 U.S.C. 7703 note).

   Struck: (3) The term "local educational agency" has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

   Struck: (4) The term "military dependent students" refers to--

   Struck: (A) elementary and secondary school students who are dependents of members of the Armed Forces; and

   Struck: (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense.

   Inserted: (1) not less than 5 percent in the average daily attendance of military dependent students enrolled in the schools served by the eligible local educational agencies; or

   Inserted: (2) not less than 250 military dependent students enrolled in the schools served by the eligible local educational agencies.

   Inserted: (b) Notification.--Not later than June 30, 2006, and June 30 of each of the next 2 fiscal years, the Secretary of Defense shall notify each eligible local educational agency for such fiscal year--

   Inserted: (1) that the local educational agency is eligible for assistance under this section; and (2) of the amount of the assistance for which the eligible local educational agency qualifies, as determined under subsection (c).

   Inserted: (c) Amount of Assistance.--

   Inserted: (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Education, make assistance available to eligible local educational agencies for a fiscal year on a pro rata basis, as described in paragraph (2).

   Inserted: (2) Pro rata distribution.--

   Inserted: (A) In general.--The amount of the assistance provided under this section to an eligible local educational agency for a fiscal year shall be equal to the product obtained by multiplying--

   Inserted: (i) the per-student rate determined under subparagraph (B) for such fiscal year; by

   Inserted: (ii) the overall increase or reduction in the number of military dependent students in the schools served by the eligible local educational agency, as determined under subsection (a).

   Inserted: (B) Per-student rate.--For purposes of subparagraph (A), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing--

   Inserted: (i) the amount of funds available for such fiscal year to provide assistance under this section; by

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   Inserted: (ii) the sum of the overall increases and reductions, as determined under subparagraph (A)(ii), for all eligible local educational agencies for that fiscal year.

   Inserted: (d) Disbursement of Funds.--The Secretary of Defense shall disburse assistance made available under this section for a fiscal year, not later than 30 days after the date on which the Secretary of Defense notified the eligible local educational agencies under subsection (b) for the fiscal year.

   Inserted: (e) Consultation.--The Secretary of Defense shall carry out this section in consultation with the Secretary of Education.

   Inserted: (f) Reports.--

   Inserted: (1) Reports required.--Not later than May 1 of each of the years 2007, 2008, and 2009, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the assistance provided under this section during the fiscal year preceding the date of such report.

   Inserted: (2) Element of report.--Each report described in paragraph (1) shall include an assessment and description of the current compliance of each eligible local educational agency with the requirements of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

   Inserted: (g) Funding.--Of the amount authorized to be appropriated to the Department of Defense for fiscal years 2006, 2007, and 2008 for operation and maintenance for Defense-wide activities, $15,000,000 shall be available for each such fiscal year only for the purpose of providing assistance to eligible local educational agencies under this section.

   Inserted: (h) Termination.--The authority of the Secretary of Defense to provide financial assistance under this section shall expire on September 30, 2008.

   Inserted: (i) Definitions.--In this section:

   Inserted: (1) Base closure process.--The term "base closure process" means the 2005 base closure and realignment process authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date.

   Inserted: (2) Eligible local educational agency.--The term "eligible local educational agency" means, for a fiscal year, a local educational agency--

   Inserted: (A)(i) for which not less than 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in the schools served by the local educational agency during the preceding school year were military dependent students that were counted under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)); or

   Inserted: (ii) that would have met the requirements of clause (i) except for the reduction in military dependent students in the schools served by the local educational agency; and

   Inserted: (B) for which the required overall increase or reduction in the number of military dependent students enrolled in schools served by the local educational agency, as described in subsection (a), occurred as a result of--

   Inserted: (i) the global rebasing plan of the Department of Defense;

   Inserted: (ii) the official creation or activation of 1 or more new military units;

   Inserted: (iii) the realignment of forces as a result of the base closure process; or

   Inserted: (iv) a change in the number of required housing units on a military installation, due to the military housing privatization initiative of the Department of Defense undertaken under the alternative authority for the acquisition and improvement of military housing under subchapter IV of chapter 169 of title 10, United States Code.

   Inserted: (3) Local educational agency.--The term "local educational agency" has the meaning given the term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713).

   Inserted: (4) Military dependent student.--The term "military dependent student" means--

   Inserted: (A) an elementary school or secondary school student who is a dependent of a member of the Armed Forces; or

   Inserted: (B) an elementary school or secondary school student who is a dependent of a civilian employee of the Department of Defense.

   Original wording

   Strike section 582 of the bill and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed