106 STAT. 1814 PUBLIC LAW 102-394—OCT. 6, 1992 this Act shall be available for assistance in defraying the costs of the education of military dependents as a result of temporary dislocations caused by transfers, return of military families from overseas, and closures of foreign and domestic bases, and $500,000,000 shall be made available to the Department of Defense, provided, that this entire amount may be transferred to the Secretary of Education and merged with and made available under the Impact Aid program except that nothing in this proviso shall modify any provision of Public Law 81-815 or Public Law 81- 874 including those provisions related to eligibility or payment Children and levels for any student or school district: Provided further. That Schools ^^^ payments under section 3 shall be based on the number of children who, during the prior fiscal year, were in average daily attendance at the schools of a local educational agency and for whom such agency provided free public education, except that (1) any local educational agency that did not exist in the prior fiscal year and that would be eligible under this proviso for payments under section 3 for the current fiscal year had it been an operating local educational agency in the prior fiscal year, shall be paid on the basis of the number of children who, during the current fiscal year, are in average daily attendance at the schools of such agency and for whom such agency provides free public education; and (2) any local educational agency with an increase of 5 percent or more from the prior fiscal year to the current fiscal year in the number of children described in section 3(a) or 3(b) of the Act, as a direct result of activities of the United States, and that submits a written request to the Secretary, shall be paid on the basis of the number of children who, during the current fiscal year, are in average daily attendance at the schools of such agency and for whom such agency provides free public education: Provided further, That notwithstanding the provisions of section 3(d)(3)(A), aggregate current expenditure and average daily attendance data for the third preceding fiscal year shall be used to compute local contribution rates: Provided further. That notwithstanding the provisions of section 3(d)(2)(B), 3(d)(3)(B)(ii), and 3(h)(2), eligibiHty and entitlement determinations for those sections shall be computed on the basis of data from the fiscal year preceding each fiscal year described in those respective sections for fiscal year 1991. SCHOOL IMPROVEMENT PROGRAMS For carrying out the activities authorized by chapter 2 of title I and titles II, III, IV, V, without regard to sections 5112(a) and 5112(c)(2)(A), and VT of the Elementary and Secondary Education Act of 1965; the Stewart B. McKinney Homeless Assistance Act, the Civil Rights Act of 1964; title V of the Higher Education Act; title IV of Public Law 100-297; and the Follow Through Act; $1,543,750,000, of which $1,229,843,000 shall become available on July 1, 1993, and remain available through September 30, 1994: Provided, That of the amount appropriated, $23,110,000 shall be for national programs under part B of chapter 2 of title I, $24,750,000 shall be for emergency grants under section 5136, $248,000,000 shall be for State grants for mathematics and science education under part A of title II of the Elementary and Secondary Education Act of 1965, and $500,000 shall be for an evaluation study of the magnet schools assistance program.
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