Page:United States Statutes at Large Volume 94 Part 1.djvu/557

 PUBLIC LAW 96-272—JUNE 17, 1980

94 STAT. 507

"(B) The limitations set forth in paragraph (1) with respect to the fiscal years 1982 through 1984 shall apply only if the required appropriation is made in advance in an appropriation Act (as authorized under section 420(b)) for the fiscal year preceding the fiscal year ^2 USC 620. to which the limitation would apply. "(3) For purposes of this subsection, a State's allotment for any fiscad year shall be the greater of— "(A) the amount determined under paragraph (4); "(B) an amount which bears the same ratio to $100,000,000 as the under age eighteen population of such State bears to the under age eighteen population of the fifty States and the District of Columbia; or "(C) at the option of the State, an amount determined under paragraph (5), but only in the case of a State which meets the requirements of such paragraph (5). "(4) For purposes of paragraph (3)(A), a State's allotment shall be State allotment determined as follows: crS'"^*'°" "(A) The allotment for any State for fiscal year 1980 shall be an amount equal to such States base amount (as determined under subparagraph (c)) increased by 21.2 percent. "(B) The allotment for any State for each of the fiscal years 1981 through 1984 shall be an amount equal to such State's allotment for the preceding fiscal year, increased or decreased by a percentage equal to twice the percentage increase or decrease (as the case may be) (but not to exceed an increase or decrezise of 10 percent) in the Consumer Price Index prepared by the Department of Labor, and used in determining cost-of-living adjustments under section 215(i) of this Act, for the second quarter of 42 USC 415. the preceding fiscal year as compared to such index for the second quarter of the second preceding fiscal year. For purposes of this subparagraph the Consumer Price Index for any quarter shall be the arithmetical mean of such index for the three months in such quarter. "(C) The base amount shall be equal to the amount of the Federal funds payable to such State for Hscal year 1978 under section 403 on account of expenditures for aid with respect to 42 USC 603. which Federal financial participation is authorized in payments pursuant to section 408 (inclu(Ung administrative expenditures Post, p. 512. attributable to the provision of such aid as determined by the Secretary) and for those States which in fiscal year 1978 did not make foster care maintenance payments under section 408 on behalf of children otherwise eligible for such payment, solely because their foster care was provided by related persons, shall be equal to the total amount of Federal funds the State would have been entitled to be paid under section 403 on account of expenditures pursuant to section 408 for that fiscal year if such payments had been made. In the event that there is a dispute between any State and the Secretary as to the amount of such expenditures for such fiscal year, then, until the beginning of the fiscal year immediately following the fiscal year in which the dispute is finally resolved, the base amount shall be deemed to be the amount of Federal funds which would have been payable under section 403 if the amount of such expenditures were equal to the amount thereof claimed by the State. "(5)(A) For purposes of paragraph (3)(C), a State's allotment for any fiscal year ending after September 30, 1980, and before October 1, 1984, may, at the option of the State (and if the State meets the

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