PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-369 SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. (a) FISCAL YEAR REQUIREMENT.— Section 8002(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(a)) is amended in the matter preceding paragraph (1) by striking "1999" and inserting "2003". (b) AMOUNT.— (1) PROHIBITION ON REDUCTION IN AMOUNT OF PAYMENT. — Section 8002(b)(l)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(l)(A)(i)) is amended— (A) by striking "(i) The amount" and inserting "(i)(I) Subject to subclauses (II) and (III), the amount"; (B) by striking ", except that" and all that follows through "Federal property"; and (C) by adding at the end the following: "(II) Except as provided in subclause (III), the Secretary may not reduce the amount of a payment under this section to a local educational agency for a fiscal year by (aa) the amount equal to the amount of revenue, if any, the agency received during the previous fiscal year from activities conducted on Federal property eligible under this section and located in a school district served by the agency, including amounts received from any Federal department or agency (other than the Department of Education) from such activities, by reason of receipt of such revenue, or (bb) any other amount by reason of receipt of such revenue. "(Ill) If the amount equal to the sum of (aa) the proposed pa5anent under this section to a local educational agency for a fiscal year and (bb) the amount of revenue described in subclause (II)(aa) received by the agency during the previous fiscal year, exceeds the maximum amount the agency is eligible to receive under this section for the fiscal year involved, then the Secretary shall reduce the amount of the proposed payment under this section by an amount equal to such excess amount.". (2) INSUFFICIENT FUNDS.—Section 8002(b)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is amended by striking "shall ratably reduce the payment to each eligible local educational agency" and inserting "shall calculate the payment for each eligible local educational agency in accordance with subsection (h)". (3) MAXIMUM AMOUNT.— Section 8002(b)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is amended by adding at the end before the period the following: ", or the maximum amount that such agency is eligible to receive for such fiscal year under this section, whichever is greater". (c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.— Section 8002(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(h)) is amended to read as follows: "(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED. —For any fiscal year for which the amount appropriated under section 8014(a) is insufficient to pay to each eligible local educational agency the full amount determined under subsection (b), the Secretary shall make pay- ments to each local educational agency under this section as follows: "(1) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—
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