Page:United States Statutes at Large Volume 100 Part 2.djvu/328

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1430

PUBLIC LAW 99-498—OCT. 17, 1986

the number of students enrolled at the applicant institution in such fiscal year; or 'P'j ' "(iii) 90 percent of the institution's allocation under this part for the preceding fiscal year. "(C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the Secretary shall allocate to each eligible institution which— "(i) was a first-time participant in the program in fiscal year 1986 or any subsequent fiscal year, and , >;;i. f "(ii) received a larger amount under this subsection in the e second year of participation, an amount equal to 90 percent of the amount it received under this subsection in its second year of participation. "(3)(A) If the amount appropriated for any fiscal year is less than the amount required to be allocated to all institutions under paragraph (1) of this subsection, then the amount of the allocation to each such institution shall be ratably reduced. "(B) If the amount appropriated for any fiscal year is more than the amount required to be allocated to all institutions under paragraph (1) but less than the amount required to be allocated to all institutions under paragraph (2), then— "(i) the Secretary shall allot the amount required to be allo, J,; cated to all institutions under paragraph (1), and "(ii) the amount of the allocation to each institution under paragraph (2) shall be ratably reduced. "(C) If additional amounts are appropriated for any such fiscal year, such reduced amounts shall be increased on the same basis as they were reduced (until the amount allocated equals the amount required to be allocated under paragraphs (1) and (2) of this subsection). "(b) ALLOCATION OF EXCESS BASED ON PRO RATA SHARE.—From

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one-quarter of the remainder of the amount appropriated pursuant to section 441(b) for any fiscal year (after making the allocations

f required by subsection (a)), the Secretary shall allocate to each

a* eligible institution an amount which bears the same ratio to such one-quarter as the amount the eligible institution receives for such fiscal year under subsection (a) bears to the amount all such institutions receive under such subsection (a). "(c) ALLOCATION OF EXCESS BASED ON SHARE OF EXCESS ELIGIBLE

AMOUNTS.—(1) From three-quarters of the remainder of the amount appropriated pursuant to section 441(b) after making the allocations required by subsection (a), the Secretary shall allocate to each eligible institution which has an excess eligible amount an amount which bears the same ratio to such remainder as such excess eligible amount bears to the sum of the excess eligible amounts of all such eligible institutions (having such excess eligible amounts). "(2) For any eligible institution, the excess eligible amount is the amount, if any, by which— "(A)(i) the amount of that institution's need (as determined under subsection (d)), divided by (ii) the sum of the need of all institutions (as so determined), multiplied by (iii) the amount appropriated pursuant to section 441(b) for the fiscal year; i'* exceeds "(B) the amount required to be allocated to that institution under subsection (a). "(d) DETERMINATION OF INSTITUTION'S NEED.—(1) The amount of an institution's need is equal to the sum of the self-help need of the