118 STAT. 2665 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(i) PRECEDING YEAR ALLOCATION.—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 1999; and ‘‘(bb) 1 3 of 1 percent of the amount by which the amount appropriated under sub section (i) for the fiscal year exceeds the amount appropriated for this section for fiscal year 1999; ‘‘(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 for 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 for 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 REDUCTION.—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). ‘‘(4) 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) AMOUNTS GREATER THAN FISCAL YEAR 1999 ALLOCA TIONS.—If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1999, each State shall be allocated the sum of— ‘‘(i) the amount the State received under this sec tion for fiscal year 1999; 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 fiscal year 1999 bears to the total of all such increases for all States.
�
