S.Amdt. 4870

SA 4870. Mr. ROBERTS submitted an amendment intended to be proposed
by him 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 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 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 of each of fiscal
years 2007 and 2008, 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 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, as determined under
subparagraph (A)(ii), in the number of military dependent
students 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
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) Eligible local educational agency.--The term ``eligible
local educational agency'' means, for a fiscal year, a local
educational agency--
(A) 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)); and
(B) for which the required overall increase 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 the global rebasing plan of the
Department of Defense.
(2) 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).
(3) 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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