S.Amdt. 4812

SA 4812. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill H.R. 5631, making appropriations for the Department
of Defense for the fiscal year ending September 30, 2007, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:
Sec. 8109. (a) Availability of Assistance for Local
Educational Agencies.--To assist communities making
adjustments resulting from changes in the size or location of
the Armed Forces, the Secretary of Defense shall make
payments to eligible local educational agencies 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 (as determined by the Secretary of Defense
in consultation with the Secretary of Education) an overall
increase or reduction of--
(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
(2) not less than 250 military dependent students enrolled
in the schools served by the eligible local educational
agencies.
(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--
(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).
(c) Amount of Assistance.--
(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).
(2) Pro rata distribution.--
(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--
(i) the per-student rate determined under subparagraph (B)
for such fiscal year; by
(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).
(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--
(i) the amount of funds available for such fiscal year to
provide assistance under this section; by
(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.
(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.
(e) Consultation.--The Secretary of Defense shall carry out
this section in consultation with the Secretary of Education.
(f) Reports.--
(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.
(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.).
(g) Funding.--Of the amount appropriated or otherwise made
available by title II under the heading ``Operation and
Maintenance, Defense-Wide'' up to $15,000,000 may be
available for the purpose of providing assistance to eligible
local educational agencies under this section.
(h) Termination.--The authority of the Secretary of Defense
to provide financial assistance under this section shall
expire on September 30, 2008.
(i) Definitions.--In this section:
(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.
(2) Eligible local educational agency.--The term ``eligible
local educational agency'' means, for a fiscal year, a local
educational agency--
(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
(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
(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--
(i) the global rebasing plan of the Department of Defense;
(ii) the official creation or activation of 1 or more new
military units;
(iii) the realignment of forces as a result of the base
closure process; or
(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.
(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).
(4) Military dependent student.--The term ``military
dependent student'' means--
(A) an elementary school or secondary school student who is
a dependent of a member of the Armed Forces; or
(B) an elementary school or secondary school student who is
a dependent of a civilian employee of the Department of
Defense.
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