118 STAT. 2741 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(B) LIMITATIONS.—Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following: ‘‘(i) PRECEDING YEARS.—No State’s allocation shall be less than its allocation under this section for the preceding fiscal year. ‘‘(ii) MINIMUM.—No State’s allocation shall be less than the greatest of— ‘‘(I) the sum of— ‘‘(aa) the amount the State received under this section for fiscal year 1997; and ‘‘(bb) 1 3 of 1 percent of the amount by which the amount appropriated under sub section (j) for the fiscal year exceeds the amount appropriated for this section for fiscal year 1997; ‘‘(II) the sum of— ‘‘(aa) the amount the State received under this section for the preceding fiscal year; and ‘‘(bb) that amount multiplied by the percentage by which the increase in the funds appropriated under this section from the pre ceding fiscal year exceeds 1.5 percent; or ‘‘(III) the sum of— ‘‘(aa) the amount the State received under this section for the preceding fiscal year; and ‘‘(bb) that amount multiplied by 90 percent of the percentage increase in the amount appropriated under this section from the pre ceding fiscal year. ‘‘(iii) MAXIMUM.—Notwithstanding clause (ii), no State’s allocation under this paragraph shall exceed the sum of— ‘‘(I) the amount the State received under this section for the preceding fiscal year; and ‘‘(II) that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under this section from the preceding fiscal year. ‘‘(C) RATABLE REDUCTIONS.—If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to subparagraph (B)(i). ‘‘(3) DECREASE IN FUNDS.—If the amount available for allocations to States under paragraph (1) for a fiscal year is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows: ‘‘(A) ALLOCATIONS.—If the amount available for alloca tions is greater than the amount allocated to the States for fiscal year 1997, each State shall be allocated the sum of— ‘‘(i) the amount the State received under this sec tion for fiscal year 1997; and ‘‘(ii) an amount that bears the same relation to any remaining funds as the increase the State received under this section for the preceding fiscal year over
�
