108 STAT. 3568
PUBLIC LAW 103-382~OCT. 20, 1994
lishes and produces, within 90 days of such publication;
and
"(ii) not later than December 31, 1998, a final report
which shall include a more detailed statement of the Academy's findings and conclusions with respect to the use
of any intercensal poverty data produced and published
by the Bureau of the Census as the basis for allocating
Federal funds under this Act.
"(D) Of the funds appropriated under section 1002(f) of
this Act, the Secretary shall use such sums as are necessary
in each of fiscal years 1995, 1996, 1997, 1998, and 1999 to
carry out the provisions of this paragraph.
" (5) OTHER CHILDREN TO BE COUNTED.— For purposes of
this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families above the poverty
level on the basis of the number of such children from families
receiving an annual income, in excess of the current criteria
of poverty, from payments under the program of aid to families
with dependent children under a State plan approved under
title rV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty
used by the Bureau of the Census in compiling the most recent
decennial census for a family of 4 in such form as those criteria
have been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of Labor
Statistics. The Secretary shall determine the number of such
children and the number of children of such ages living in
institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the
caseload data for the month of October of the preceding fiscal
year (using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such criteria
required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent
that such data are not available to the Secretary before January
of the calendar year in which the Secretary's determination
is made, then on the basis of the most recent reliable data
available to the Secretary at the time of such determination.
The Secretary of Health and Human Services shall collect and
transmit the information required by this subparagraph to
the Secretary not later than January 1 of each year.
"(6) ESTIMATE. —When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate
of the number of children of such ages who are from families
below the poverty level (as determined under subparagraph
(A) of this paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of malang this special
estimate. The Secretary of Commerce shall give consideration
to any request of the chief executive of a State for the collection
of additional census information. For purposes of this section,
the Secretary shall consider all children who are in correctional
institutions to be living in institutions for delinquent children.
"(d) STATE MiNiMUM.Notwithstanding subsection (b)(1) or (d)
of section 1122, the aggregate amount allotted for all local
educational agencies within a State may not be less than the
lesser of—
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