114 STAT. 2763A-92 PUBLIC LAW 106-554—APPENDIX A the students served by the local educational agency participating in the program performed better on the assessments or tests after the third year of the participation than the students performed on the assessments or tests after the first year of the participation; "(2) permit only the local educational agencies that participated in the program and served students that performed better on the assessments or tests, as described in paragraph (1), to continue to participate in the program for an additional period of 3 years; and "(3) prohibit the local educational agencies that participated in the program and served students that did not perform better on the assessments or tests, as described in paragraph (1), from participating in the program, for a period of 3 years from the date of the determination. "SEC. 10977. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPRO- PRIATIONS. "(a) IN GENERAL.—I f the amount appropriated for any fiscal year and made available for grants under this subpart is insufficient to pay the full amount for which all agencies are eligible under this subpart, the Secretary shall ratably reduce each such amount. "(b) ADDITIONAL AMOUNTS.— If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subsection (a) shall be increased on the same basis as such payments were reduced. "SEC. 10978. APPLICABILITY. "Sections 10951 and 10952 shall not apply to this subpart.". This Act may be cited as the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001".
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