Page:United States Statutes at Large Volume 108 Part 5.djvu/273

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3763 "(1) the increase in the number of children in average daily attendance from the school year preceding the fiscal year for which the determination is made; and "(2) the number of children described in subsection (a)(2). "(d) PAYMENTS.— "(1) IN GENERAL.— Except as provided in paragraph (2), from the amount appropriated for a fiscal year under section 8014(d), the Secretary shall pay each local educational agency with an approved application an amount equal to one-half of the national average per-pupil expenditure multiplied by the number of such children determined under subsection (c) for that local educational agency. "(2) RATABLE REDUCTION.-- <A) If the amount appropriated to carry out this section for any fiscal year is insufficient to pay the full payment that all eligible local educational agencies are eligible to receive under this section for such year, then the Secretary shall ratably reduce the pa3mtients to such agencies for such year. "(B) If additional funds become available for making pay- ments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. " (e) NOTIFICATION PROCESS.— "(1) ESTABLISHMENT. — The Secretary shall establish, with the Secretary of Defense, a notification process relating to the closure of Department of Defense facilities, or the adjustment of personnel levels assigned to such facilities, which may substantially affect the student enrollment levels of local educational agencies which receive or may receive payments under this title. "(2) INFORMATION.—Such process shall provide timely information regarding such closures and such adjustments— "(A) by the Secretary of Defense to the Secretary; and "(B) by the Secretary to the affected local educational agencies. "SEC. 8007. CONSTRUCTION. 20 USC 7707. "(a) PAYMENTS AUTHORIZED.—From the amount appropriated for each fiscal year under section 8014(e), the Secretary shall make pa3anents to each local educational agency— "(1) that receives a basic payment under section 8003(b); and "(2)(A) in which the number of children determined under section 8003(a)(1)(C) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the preceding school year; "(B) in which the number of children determined under subparagraphs (B) and (D)(i) of section 8003(a)(1) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the school year preceding the school year for which the determination is made and in which the agency at any 2 times during the four fiscal years preceding the date of enactment of the Improving America's Schools Act of 1994 was denied by a vote of the agency's eligible voters a bond referendum for the purposes of school construction or renovation; "(C) that receives assistance under section 8003(f); or

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