Page:United States Statutes at Large Volume 106 Part 3.djvu/602

 106 STAT. 2396 PUBLIC LAW 102-484—OCT. 23, 1992 (D) The projected transfers of such members and employees in connection with closures, realignments, and redeployments during the 12-month period beginning on the date of the report, including— (i) the installations to be closed or realigned; (ii) the installations to which personnel will be transferred as a result of closures, realignments, and redeployments; and (iii) the effects of such transfers on the number of dependent children who will be included in determinations with respect to the payment of funds to each affected local educational agency under subsections (a) and (b) of section 3 of such Act (20 U.S.C. 238). (e) DEFINITIONS.— In this section: (1) The term "local educational agency" has the meaning given that term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)). (2) The term "military dependent student" means a student that is— (A) a dependent child of a member of the Armed Forces; or (B) a dependent child of a civilian employee of the Department of Defense. (3) The term "State" has the meaning given that term in section 3(d)(3)(D)(i) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress; 20 U.S.C. 238(d)(3)(D)(i)). (f) FUNDING.— Of the amounts appropriated for the Department of Defense for operation and maintenance in fiscal year 1993 pursuant to the authorization of appropriations in section 301— (1) $50,000,000 shall be available for providing assistance to local educational agencies under subsection (b); and (2) $8,000,000 shall be available for making payments to local educational agencies under subsection (d). (g) LIMITATION ON TRANSFER AND OBLIGATION OF FUNDS. — (1) The amount made available pursuant to subsection (f)(2) for adjustment assistance related to base closures and realignments under subsection (d) may be obligated for such adjustment assistance only if expenditures for that adjustment assistance for fiscal year 1993 have been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for fiscal year 1993 (as defined in section 601(a)(2) of the Congressional Budget Act of 1974) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Not later than the third day after the date of the enactment of this Act, the Director of the Office of Management and Budget shall make a determination as to the classification by discretionary spending limit category for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 of the amount appropriated for adjustment assistance related to base closures and realignments under subsection (d). If the Director determines that the amount shall not classify against the defense category (as described in paragraph (1)), then the President shall submit to Congress a report stating that the Director has made such a determination and the amount that will not classify against the defense category and containing an explanation for the determination.

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