115 STAT. 1516 PUBLIC LAW 107-110—JAN. 8, 2002 educational agency meets the minimum eligibility criteria for that fiscal year described in section 1124A(a)(l)(A) except that a local educational agency that does not meet such minimum eligibility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1). "(3) APPLICABILITY. —Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part. Applicability. "(4) POPULATION DATA.— For any fiscal year for which the Secretary calculates grants on the basis of population data for counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary's allocation for a county is not sufficient to meet the hold-harmless requirements of this subsection for every local educational agency within that county, 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 subsection. "(d) RATABLE REDUCTIONS.— "(1) IN GENERAL. — If the sums made available under this subpart for any fiscal year are insufficient to pay the full amounts that local educational agencies in all States are eligible to receive under subsection (c) 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) for such fiscal year, amounts that were reduced under paragraph (1) shall be increased on the same basis as such amounts were reduced. "(e) DEFINITION. — For the purpose of this section and sections 1124, 1124A, 1125, and 1125A, the term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 20 USC 6333. " SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. " (a) AMOUNT OF GRANTS.— " (1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO RICO.— Except as provided in paragraph (4) and in section 1126, the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying— "(A) the number of children counted under subsection (c); and "(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. " (2) CALCULATION OF GRANTS. — "(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— The Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for local educational agencies, unless the
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