Page:United States Statutes at Large Volume 108 Part 5.djvu/444

 108 STAT. 3934 PUBLIC LAW 103-382—OCT. 20, 1994 for such agency, equal to the per-child amount the agency received under such subpart for fiscal year 1994. "(B) For the purpose of subparagraph (A), the number of children determined under subsection (a)(3) for any State agency or local educational agency shall not exceed the number of children aged 3 through 21 for whom such agency received funds under such subpart for such fiscal year.". (e) JURISDICTIONS. —Paragraph (1) of section 611(e) of the Act (20 U.S.C. 1411(e)(1)) is amended to read as follows: Territories. "(1) The jurisdictions to which this subsection applies are Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Palau (until the Compact of Free Association with the Government of Palau takes effect).". (f) INSUFFICIENT APPROPRIATIONS. —Subsection (g) of section 611 of the Act (20 U.S.C. 1411(g)) is amended to read as follows: "(g)(1)(A) If the sums appropriated under subsection (h) for any fiscal year are not sufficient to pay in full the total of the amounts that all States are eligible to receive under subsection (a), each such amount shall be ratably reduced. "(B) If additional funds become available for making such pay- ments for any fiscal year, such reduced amounts shall be increased on the same basis as such pa3nnents were reduced. "(C) Any State that receives any such additional funds shall distribute such funds in accordance with this section, except that any State that has used funds available under subsection (c)(2)(A)(ii) for the purposes described in subsection (d)(2) may— "(i) deduct, from the amount that the State would otherwise be required to make available to local educational agencies and intermediate educational units, the same amount of such additional funds as the State so used; and "(ii) use such funds in accordance with subsection (c)(2)(A)(ii). Reports. "(2)(A) In any fiscal year for which payments have been reduced and additional funds have not been made available under paragraph (1) to pay in full the amounts for which all States are eligible under this section, each State educational agency shall fix dates by which each local educational agency or intermediate educational unit shall report to the State agency the amount of funds available to such agency under this section that such agency estimates such agency will expend. "(B) The State educational agency shall, in accordance with this section, reallocate any funds that the State educational agency determines will not be used during the period of availability by local educational agencies and intermediate educational units, and by any such agency or unit to which such funds would be available if such agency or unit applied for such funds under this part, to those local educational agencies and intermediate educational units that the State educational agency determines will need, and be able to use, additional funds to carry out approved programs.". SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES. Part B of the Act (20 U.S.C. 1411 et seq.) is further amended by inserting after section 614 the following new section:

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