S.Amdt. 5519

SA 5519. Mr. JOHNSON (for himself, Mr. Thune, and Ms. Stabenow) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 122, between lines 9 and 10, insert the following:

SEC. 564. IMPACT AID FOR CONSOLIDATED LOCAL EDUCATIONAL AGENCIES.

Section 8002(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(g)) is amended to read as follows:

“(g) Former Districts.--

“(1) Consolidation.--[For fiscal year 2006 and all succeeding fiscal years,] if the school district of a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency.

“(2) Eligible local educational agencies.--A local educational agency referred to in paragraph (1) is--

“(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or

“(B) a local educational agency whose school district is formed by the consolidation of 2 or more districts, at least 1 of which former districts was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if--

“(i) for fiscal years 2006, 2007, 2008, and 2009, the local educational agency notifies the Secretary not later than 30 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2009 of the designation; and

“(ii) for fiscal year 2010 and any subsequent fiscal year, the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application.

“(3) Availability of funds.--Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for fiscal year 2006, 2007, or 2008, the Secretary may obligate funds from any of such fiscal years as may be necessary to carry out this subsection.”.