§ 9406. — Program authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC9406]
TITLE 20--EDUCATION
CHAPTER 75--EARLY LEARNING OPPORTUNITIES
Sec. 9406. Program authorized
(a) Grants
From amounts appropriated under section 9404 of this title the
Secretary shall award grants to States to enable the States to award
grants to Local Councils to pay the Federal share of the cost of
carrying out early learning programs in the locality served by the Local
Council.
(b) Federal share
(1) In general
The Federal share of the cost described in subsections (a) and
(e) of this section shall be 85 percent for the first and second
years of the grant, 80 percent for the third and fourth years of the
grant, and 75 percent for the fifth and subsequent years of the
grant.
(2) Non-Federal share
The non-Federal share of the cost described in subsections (a)
and (e) of this section may be contributed in cash or in kind,
fairly evaluated, including facilities, equipment, or services,
which may be provided from State or local public sources, or through
donations from private entities. For the purposes of this paragraph
the term ``facilities'' includes the use of facilities, but the term
``equipment'' means donated equipment and not the use of equipment.
(c) Maintenance of effort
The Secretary shall not award a grant under this chapter to any
State unless the Secretary first determines that the total expenditures
by the State and its political subdivisions to support early learning
programs (other than funds used to pay the non-Federal share under
subsection (b)(2) of this section) for the fiscal year for which the
determination is made is equal to or greater than such expenditures for
the preceding fiscal year.
(d) Supplement not supplant
Amounts received under this chapter shall be used to supplement and
not supplant other Federal, State, and local public funds expended to
promote early learning.
(e) Special rule
If funds appropriated to carry out this chapter are less than
$150,000,000 for any fiscal year, the Secretary shall award grants for
the fiscal year directly to Local Councils, on a competitive basis, to
pay the Federal share of the cost of carrying out early learning
programs in the locality served by the Local Council. In carrying out
the preceding sentence--
(1) subsection (c) of this section, subsections (b) and (c) of
section 9409 of this title, and paragraphs (1), (2), and (3) of
section 9410(a) of this title shall not apply;
(2) State responsibilities described in section 9410(d) of this
title shall be carried out by the Local Council with regard to the
locality;
(3) the Secretary shall provide such technical assistance and
monitoring as necessary to ensure that the use of the funds by Local
Councils and the distribution of the funds to Local Councils are
consistent with this chapter; and
(4) subject to paragraph (1), the Secretary shall assume the
responsibilities of the Lead State Agency under this chapter, as
appropriate.
(Pub. L. 106-554, Sec. 1(a)(1) [title VIII, Sec. 807], Dec. 21, 2000,
114 Stat. 2763, 2763A-82.)
