PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-373 (A) by redesignating subparagraph (E) as subparagraph (F); (B) in subparagraph (D), by striking "subparagraphs (D) and (E) of paragraph (1) by a factor of.10" and inserting "subparagraph (D) of paragraph (1) by a factor of.20"; and (C) by inserting after subparagraph (D) the following: "(E) Multiply the number of children described in subparagraph (E) of paragraph (1) by a factor of.10."; (2) in subsection (b)(1), by adding at the end the following: "(D) DATA. —I f satisfactory data from the third preceding fiscal year are not available for any of the expenditures described in clause (i) or (ii) of subparagraph (C), the Secretary shall use data from the most recent fiscal year for which data that are satisfactory to the Secretary are available. "(E) SPECIAL RULE.— For purposes of determining the comparable local contribution rate under subparagraph (C)(iii) for a local educational agency described in section 222.39(c)(3) of title 34, Code of Federal Regulations, that had its comparable local contribution rate for fiscal year 1998 calculated pursuant to section 222.39 of title 34, Code of Federal Regulations, the Secretary shall determine such comparable local contribution rate as the rate upon which payments under this subsection for fiscal year 2000 were made to the local educational agency adjusted by the percentage increase or decrease in the per pupil expenditure in the State serving the local educational agency calculated on the basis of the second most recent preceding school year compared to the third most recent preceding school year for which school year data are available."; and (3) by amending subsection (e) to read as follows: " (e) HOLD HARMLESS.— "(1) IN GENERAL.— Subject to paragraphs (2) and (3), the total amount the Secretary shall pay a local educational agency under subsection (b)— "(A) for fiscal year 2001 shall not be less than 85 percent of the total amount that the local educational agency received under subsections (b) and (f) for fiscal year 2000; and "(B) for fiscal year 2002 shall not be less than 70 percent of the total amount that the local educational agency received under subsections (b) and (f) for fiscal year 2000. "(2) MAXIMUM AMOUNT.— The total amount provided to a local educational agency under subparagraph (A) or (B) of paragraph (1) for a fiscal year shall not exceed the maximum basic support payment amount for such agency determined under paragraph (1) or (2) of subsection (b), as the case may be. " (3) RATABLE REDUCTIONS.— "(A) IN GENERAL. — If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) for such year, then the Secretary shall ratably reduce the payments to all such agencies for such year.
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