 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
 Part A--Improving Basic Programs Operated by Local Educational Agencies
 
                         subpart 2--allocations
 
Sec. 6332. Allocations to States


(a) In general

                        (1) Fiscal year 1995

        For fiscal year 1995, appropriations for this part shall be 
    allocated according to the provisions of sections 1005, except 
    subsection (a)(3), and 1006, part A of chapter 1 of title I, 
    Elementary and Secondary Education Act of 1965, as in effect on 
    September 30, 1994, except that the State minimum for section 1005 
    shall be the lesser of 0.25 percent of total appropriations or the 
    average of 0.25 percent of total appropriations and 150 percent of 
    the national average grant per child counted for grants under 
    section 1005 multiplied by the State's number of children counted 
    for such grants, and for grants under section 1006, the State 
    minimum shall be the lesser of--
            (A) 0.25 percent of total appropriations; and
            (B) the average of--
                (i) 0.25 percent of total appropriations; and
                (ii) the greater of 150 percent of the national average 
            grant per child counted for grants under such section 1006 
            multiplied by the State \1\ total number of such children, 
            or $340,000.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``State's''.
---------------------------------------------------------------------------

                     (2) Succeeding fiscal years

        For fiscal years 1996 through 1999, an amount of the 
    appropriations for this part equal to the appropriation for fiscal 
    year 1995 for section 1005, shall be allocated in accordance with 
    section 6333 of this title, and an amount equal to the appropriation 
    for fiscal year 1995 for section 1006 shall be allocated in 
    accordance with section 6334 of this title. Any additional 
    appropriations under section 6302(a) of this title for any fiscal 
    year, after application of the preceding sentence, shall be 
    allocated in accordance with section 6335 of this title.

(b) Adjustments where necessitated by appropriations

                           (1) In general

        If the sums available under this part for any fiscal year are 
    insufficient to pay the full amounts that all local educational 
    agencies in States are eligible to receive under sections 6333, 
    6334, and 6335 of this title for such year, the Secretary shall 
    ratably reduce the allocations to such local educational agencies, 
    subject to subsections (c) and (d) of this section.

                        (2) Additional funds

        If additional funds become available for making payments under 
    sections 6333, 6334, and 6335 of this title for such fiscal year, 
    allocations that were reduced under paragraph (1) shall be increased 
    on the same basis as they were reduced.

(c) Hold-harmless amounts

                           (1) In general

        For fiscal year 1995, notwithstanding subsection (b) of this 
    section and without regard to amounts available for delinquent 
    children under subpart 2 of part D of this subchapter, the amount 
    made available to each local educational agency under such section 
    1005 shall be at least 85 percent of the amount such local 
    educational agency received for the preceding year under such 
    section 1005.

                        (2) Fiscal year 1996

        Notwithstanding subsection (b) of this section and without 
    regard to amounts available for delinquent children under subpart 2 
    of part D of this subchapter, for fiscal year 1996 the total amount 
    made available to each local educational agency under each of 
    sections 6333 and 6334 of this title for any fiscal year shall be at 
    least 100 percent of the total amount such local educational agency 
    was allocated under such sections (or their predecessor authorities) 
    for the preceding fiscal year.

                 (3) Fiscal years 1997 through 1999

        For fiscal years 1997 through 1999, notwithstanding subsection 
    (b) of this section and without regard to amounts available for 
    delinquent children under subpart 2 of part D of this subchapter, 
    the amount made available to each local educational agency under 
    each of sections 6333 and 6335 of this title shall be at least 95 
    percent of the previous year's amount if the number of children 
    counted for grants under section 6333 of this title is at least 30 
    percent of the total number of children aged 5 to 17 years, 
    inclusive, in the local educational agency, 90 percent of the 
    previous year amount if this percentage is between 15 percent and 30 
    percent, and 85 percent if this percentage is below 15 percent. For 
    fiscal years 1997 and 1998, in calculating grants on the basis of 
    population data for counties, the Secretary shall apply the hold-
    homeless \2\ percentages in the preceding sentence to counties. For 
    fiscal years 1996 through 1998, if the Secretary's allocation for a 
    county is not sufficient to meet the hold-harmless requirements of 
    this paragraph for every local educational agency within that 
    county, then the State educational agency shall reallocate funds 
    proportionately from all other local educational agencies in the 
    State that are receiving funds in excess of the hold-harmless 
    amounts specified in this paragraph.
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``hold-harmless''.
---------------------------------------------------------------------------

(d) Ratable reductions

                           (1) In general

        If the sums made available under this part for any fiscal year 
    are insufficient to pay the full amounts that all States are 
    eligible to receive under subsection (c) of this section for such 
    year, the Secretary shall ratably reduce such amounts for such year.

                        (2) Additional funds

        If additional funds become available for making payments under 
    subsection (c) of this section for such fiscal year, amounts that 
    were reduced under paragraph (1) shall be increased on the same 
    basis as such amounts reduced.

(e) ``State'' defined

    For the purpose of this section and sections 6333 and 6335 of this 
title, the term State means each of the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 89-10, title I, Sec. 1122, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3562.)

                       References in Text

    Sections 1005 and 1006 of part A of chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965, as in effect on 
September 30, 1994, referred to in subsecs. (a) and (c)(1), mean 
sections 1005 and 1006 of Pub. L. 89-10, as added by Pub. L. 100-297, 
title I, Sec. 1001, Apr. 28, 1988, 102 Stat. 141, 146, as amended, which 
were classified to sections 2711 and 2712, respectively, of this title 
prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382, 
title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519.

                  Section Referred to in Other Sections

    This section is referred to in sections 6333, 6334, 6335 of this 
title; title 42 section 11432.
