118 STAT. 2766 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(C) the types of activities proposed by the State or outlying area; ‘‘(D) the alignment of proposed activities with section 612(a)(14); ‘‘(E) the alignment of proposed activities with the State plans and applications submitted under sections 1111 and 2112, respectively, of the Elementary and Secondary Edu cation Act of 1965; and ‘‘(F) the use, as appropriate, of scientifically based research activities. ‘‘(d) FORMULA GRANTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), for the first fiscal year for which the amount appro priated under section 655, that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is equal to or greater than $100,000,000, and for each fiscal year there after, the Secretary shall allot to each State educational agency, whose application meets the requirements of this subpart, an amount that bears the same relation to the amount remaining as the amount the State received under section 611(d) for that fiscal year bears to the amount of funds received by all States (whose applications meet the requirements of this sub part) under section 611(d) for that fiscal year. ‘‘(2) MINIMUM ALLOTMENTS FOR STATES THAT RECEIVED COMPETITIVE GRANTS.— ‘‘(A) IN GENERAL.—The amount allotted under this sub section to any State educational agency that received a competitive multi year grant under subsection (c) for which the grant period has not expired shall be not less than the amount specified for that fiscal year in the State edu cational agency’s grant award document under that sub section. ‘‘(B) SPECIAL RULE.—Each such State educational agency shall use the minimum amount described in subparagraph (A) for the activities described in the State educational agency’s competitive grant award document for that year, unless the Secretary approves a request from the State educational agency to spend the funds on other activities. ‘‘(3) MINIMUM ALLOTMENT.—The amount of any State edu cational agency’s allotment under this subsection for any fiscal year shall not be less than— ‘‘(A) the greater of $500,000 or 1 2 of 1 percent of the total amount available under this subsection for that year, in the case of each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and ‘‘(B) $80,000, in the case of an outlying area. ‘‘(4) DIRECT BENEFIT.—In using grant funds allotted under paragraph (1), a State educational agency shall, through grants, contracts, or cooperative agreements, undertake activities that significantly and directly benefit the local educational agencies in the State. ‘‘(e) CONTINUATION AWARDS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of this subpart, from funds appropriated under section 655 for each fiscal year, the Secretary shall reserve the amount that
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