114 STAT. 1654A-380 PUBLIC LAW 106-398 —APPENDIX expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this paragraph.". (b) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED. —Section 8003(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(3)) (as so redesignated) is amended— (1) in subparagraph (A), by striking "paragraph (1)" and inserting "paragraphs (1) and (2)"; (2) in subparagraph (B)— (A) in the heading, by inserting after "PAYMENTS" the following: "IN LIEU OF PAYMENTS UNDER PARAGRAPH (1)"; (B) in clause (i)— (i) in the matter preceding subclause (I), by inserting before "by multiplying" the following: "in lieu of basic support pa3anents under paragraph (1)"; and (ii) in subclause (II), by striking "(not including amounts received under subsection (f))"; and (C) by adding at the end the following: "(iv) In the case of a local educational agency that has a total student enrollment of fewer than 1,000 students and that has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located, the total percentage used to calculate threshold payments under clause (i) shall not be less than 40 percent."; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by inserting after subparagraph (B) the following: "(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN LIEU OF PAYMENTS UNDER PARAGRAPH (2).— For fiscal years described in subparagraph (A), the learning opportunity threshold payment in lieu of basic support payments under paragraph (2) shall be equal to the amount obtained under subparagraph (D) or (E) of paragraph (2), as the case may be. "; and (5) in subparagraph (D) (as so redesignated), by striking "computation made under subparagraph (B)" and inserting "computations made under subparagraphs (B) and (C)". (c) CONFORMING AMENDMENTS.— Section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) is amended— (1) in the matter preceding subparagraph (A) of subsection (a)(1), by striking "subsection (b), (d), or (f)" and inserting "subsection (b) or (d)"; (2) in subsection (b)— (A) in paragraph (1)(C), in the matter preceding clause (i), by striking "this subsection" and inserting "this paragraph"; and (B) in paragraph (4) (as so redesignated)— (i) in subparagraph (A), by striking "paragraphs (1)(B), (1)(C), and (2) of this subsection" and inserting "subparagraphs (B) and (C) of paragraph (1) or subparagraphs (B) through (D) of paragraph (2), as the case may be, paragraph (3) of this subsection"; and (ii) in subparagraph (B)—
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