Page:United States Statutes at Large Volume 90 Part 1.djvu/1281

 PUBLIC LAW 94-405—SEPT. 10, 1976

90 STAT. 1231

who is furnished such services under the supervision of each local educational agency within such State; and (C) $600 for each additional such child in excess of one hundred such children, or in excess of such 1 per centum, as the case may be, being furnished such services under the supervision of that agency. (2) For the purpose of this subsection, the term " State " does not "State." include American Samoa, the Virgin Islands, and the T r u s t T e r r i to r y of the Pacific Islands. (c)(1) The jurisdictions to which this subsection applies are American Samoa, the Virgin Islands, and the T r u s t Territory of the Pacific Islands. (2) E a c h jurisdiction to which this subsection applies shall be entitled to a g r a n t for the purposes set forth in section 203 in an amount equal to an amount determined by the Commissioner in accordance with criteria established by him, except that the aggregate of the amount to which such jurisdictions are so entitled for any period shall not exceed an amount equal to 1 per centum of the aggregate of the amounts to which all States are entitled under subsection (b) of this section for that period. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any period exceeds an amount equal to such 1 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such 1 per centum limitation. (d) Notwithstanding any other provision of this section, no State educational agency shall be entitled to receive a g r a n t for any period in excess of the amount equal to the amount to which such agency would otherwise be entitled under this section for that period minus the sum of the amounts received by the local educational agencies of that State and by that State educational agency for that period under 22 USC 2601 the Indochina Migration and Refugee Assistance Act of 1975. (e) Determinations with respect to the number of Indochinese note. refugee children by the Commissioner under this section for any period shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any State educational agency of its entitlement to any payment (or the amount thereof), under this section to which such agency would be entitled had such determination been made on the basis of accurate data. USES o r

FUNDS

SEC. 203. Payments made under this title to any State may be used 20 USC 1211b in accordance with applications approved under section 205 for public note. educational services for Indochinese refugee children in the schools of the local educational agencies of that State and in elementary and secondary nonpublic schools of that State. ALLOCATION OF APPROPRIATIONS

SEC. 204. (a) If the sums appropriated for the period from July 1, 20 USC 1211b 1976, to September 30, 1977, for making the payments provided for note. in this title are not sufficient to pay in full the total amounts which State educational agencies are entitled to receive under this title for such period, the allocations to such State educational agencies shall

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