Page:United States Statutes at Large Volume 114 Part 3.djvu/416

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114 STAT. 1654A-374 PUBLIC LAW 106-398 —APPENDIX "(B) ADDITIONAL FUNDS.— I f additional funds become available for making payments 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.". (b) MILITARY INSTALLATION AND INDIAN HOUSING UNDERGOING RENOVATION OR REBUILDING.— (1) IN GENERAL.— Section 8003(a)(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is amended— (A) in the heading— (i) by inserting "AND INDL^" after "MILITARY INSTALLATION"; and (ii) by inserting "OR REBUILDING" after "RENOVA- TION"; (B) by striking "For purposes" and inserting the following: " (A) IN GENERAL. —(i) For purposes"; (C) in subparagraph (A)(i) (as designated by subparagraph (B)), by inserting "or rebuilding" after "undergoing renovation"; and (D) by adding at the end the following: "(ii) For purposes of computing the amount of a pay- ment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application, the Secretary shall consider such children to be children described in paragraph (1)(C) if the Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the Secretary of the Interior or the Secretary of Housing and Urban Development, that such children would have resided in housing on Indian lands in accordance with paragraph (1)(C) except that such housing was undergoing renovation or rebuilding on the date for which the Secretary determines the number of children under paragraph (1). "(B) LIMITATIONS. —(i)(I) Children described in paragraph (l)(D)(i) may be deemed to be children described in paragraph (1)(B) with respect to housing on Federal

property undergoing renovation or rebuilding in accordance with subparagraph (A)(i) for a period not to exceed 3 fiscal years. "(II) The number of children described in paragraph (l)(D)(i) who are deemed to be children described in paragraph (1)(B) with respect to housing on Federal property undergoing renovation or rebuilding in accordance with subparagraph (A)(i) for any fiscal year may not exceed the maximum number of children who are expected to occupy that housing upon completion of the renovation or rebuilding. "(ii)(I) Children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the fiscal year for which the local educational agency is making an application may be deemed to be children described in paragraph (1)(C) with respect to housing on