118 STAT. 2664 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(1) IN GENERAL.—The Secretary may reserve not more than 1 2 of 1 percent of the amounts appropriated under this part for each fiscal year to provide technical assistance activities authorized under section 616(i). ‘‘(2) MAXIMUM AMOUNT.—The maximum amount the Sec retary may reserve under paragraph (1) for any fiscal year is $25,000,000, cumulatively adjusted by the rate of inflation as measured by the percentage increase, if any, from the pre ceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. ‘‘(d) ALLOCATIONS TO STATES.— ‘‘(1) IN GENERAL.—After reserving funds for technical assist ance, and for payments to the outlying areas, the freely associ ated States, and the Secretary of the Interior under subsections (b) and (c) for a fiscal year, the Secretary shall allocate the remaining amount among the States in accordance with this subsection. ‘‘(2) SPECIAL RULE FOR USE OF FISCAL YEAR 1999 AMOUNT.— If a State received any funds under this section for fiscal year 1999 on the basis of children aged 3 through 5, but does not make a free appropriate public education available to all children with disabilities aged 3 through 5 in the State in any subsequent fiscal year, the Secretary shall compute the State’s amount for fiscal year 1999, solely for the purpose of calculating the State’s allocation in that subsequent year under paragraph (3) or (4), by subtracting the amount allocated to the State for fiscal year 1999 on the basis of those children. ‘‘(3) INCREASE IN FUNDS.—If the amount available for alloca tions to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this paragraph for the preceding fiscal year, those allocations shall be calculated as follows: ‘‘(A) ALLOCATION OF INCREASE.— ‘‘(i) IN GENERAL.—Except as provided in subpara graph (B), the Secretary shall allocate for the fiscal year— ‘‘(I) to each State the amount the State received under this section for fiscal year 1999; ‘‘(II) 85 percent of any remaining funds to States on the basis of the States’ relative popu lations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part; and ‘‘(III) 15 percent of those remaining funds to States on the basis of the States’ relative popu lations of children described in subclause (II) who are living in poverty. ‘‘(ii) DATA.—For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary. ‘‘(B) LIMITATIONS.—Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following:
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