PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1515 amount of such payment may not exceed, for each such child, the greater of— "(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or "(B) 48 percent of such expenditure in the United States. "SEC. 1122. ALLOCATIONS TO STATES. 20 USC 6332. "(a) ALLOCATION FORMULA.—Of the amount appropriated under section 1002(a) to carry out this part for each of fiscal years 2002- 2007 (referred to in this subsection as the current fiscal year)— "(1) an amount equal to the amount made available to carry out section 1124 for fiscal year 2001 shall be allocated in accordance with section 1124; "(2) an amount equal to the amount made available to carry out section 1124A for fiscal year 2001 shall be allocated in accordance with section 1124A; and "(3) an amount equal to 100 percent of the amount, if any, by which the amount made available to carry out sections 1124, 1124A, and 1125 for the current fiscal year for which the determination is made exceeds the amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be allocated in accordance with section 1125. " (b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— "(1) IN GENERAL.— I f the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections 1124, 1124A, and 1125 for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section. "(2) ADDITIONAL FUNDS. —I f additional funds become available for making payments under sections 1124, 1124A, and 1125 for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. "(c) HOLD-HARMLESS AMOUNTS. — "(1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125. —For each fiscal year, the amount made available to each local educational agency under each of sections 1124, 1124A, and 1125 shall be— "(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 1124 is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency; "(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and "(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. "(2) PAYMENTS.— If sufficient funds are appropriated, the amounts described in paragraph (1) shall be paid to all local educational agencies that received grsints under section 1124A for the preceding fiscal year, regardless of whether the local
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