110 STAT. 2380
PUBLIC LAW 104-195—SEPT. 16, 1996
"(2) RATABLE REDUCTIONS. —(A)(i) If necessary in order to
make payments to local educational agencies in accordance
with paragraph (1) for any fiscal year, the Secretary first shall
ratably reduce payments under subsection (b) for such year
to local educational agencies that do not receive a payment
under this subsection for such year.
"(ii) If additional funds become available for making pay-
ments under subsection (b) for such year, then payments that
were reduced under clause (i) shall be increased on the same
basis as such payments were reduced.
"(B)(i) If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in all States are eligible to receive
under paragraph (1) after the application of subparagraph (A)
for such year, then the Secretary shall ratably reduce payments
under paragraph (1) to all such agencies for such year.
"(ii) If additional funds become available for making pay-
ments under paragraph (1) for such fiscal year, then payments
that were reduced under clause (i) shall be increased on the
same basis as such payments were reduced.".
SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS.
(a) PAYMENTS.— Notwithstanding any other provision of law—
South Dakota.
(1) the Bonesteel-Fairfax School District Number 26-5,
South Dakota, and the Wagner Community School District
Number 11-4, South Dakota, shall be eligible to apply for
payment for fiscal year 1994 under section 3(d)(2)(B) of the
Act of September 30, 1950 (Public Law 874, 81st Congress)
(as such section was in effect on September 30, 1994); and
(2) the Secretary of Education shall use a subgroup of
10 or more generally comparable local educational agencies
for the purpose of calculating a payment described in paragraph
(1) for a local educational agency described in such paragraph.
(b) APPLICATION. —In order to be eligible to receive a payment
described in subsection (a), a school district described in such subsection shall apply for such payment within 30 days after the
date of enactment of this Act.
(c) CONSTRUCTION.— Nothing in this section shall be construed
to require a local educational agency that received a pa3anent
under section 3(d)(2)(B) of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such section was in effect on September
30, 1994) for fiscal year 1994 to return such payment or a portion
of such payment to the Federal Government.
SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN
RESIDING ON MILITARY INSTALLATION HOUSING
UNDERGOING RENOVATION.
(a) IN GENERAL.— 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 new paragraph:
"(4) MILITARY INSTALLATION HOUSING UNDERGOING RENOVA-
TION. —For purposes of computing the amount of a payment
for a local educational agency for children described in paragraph (l)(D)(i), the Secretary shall consider such children to
be children described in paragraph (1)(B) if the Secretary determines, on the basis of a certification provided to the Secretary
by a designated representative of the Secretary of Defense,
that such children would have resided in housing on Federal
�
