§ 9408. — Reservations and allotments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC9408]
TITLE 20--EDUCATION
CHAPTER 75--EARLY LEARNING OPPORTUNITIES
Sec. 9408. Reservations and allotments
(a) Reservation for Indian tribes, Alaska Natives, and Native Hawaiians
The Secretary shall reserve 1 percent of the total amount
appropriated under section 9404 of this title for each fiscal year, to
be allotted to Indian tribes, Regional Corporations, and Native Hawaiian
entities, of which--
(1) 0.5 percent shall be available to Indian tribes; and
(2) 0.5 percent shall be available to Regional Corporations and
Native Hawaiian entities.
(b) Allotments
From the funds appropriated under this chapter for each fiscal year
that are not reserved under subsection (a) of this section, the
Secretary shall allot to each State the sum of--
(1) an amount that bears the same ratio to 50 percent of such
funds as the number of children 4 years of age and younger in the
State bears to the number of such children in all States; and
(2) an amount that bears the same ratio to 50 percent of such
funds as the number of children 4 years of age and younger living in
families with incomes below the poverty line in the State bears to
the number of such children in all States.
(c) Minimum allotment
No State shall receive an allotment under subsection (b) of this
section for a fiscal year in an amount that is less than .40 percent of
the total amount appropriated for the fiscal year under this chapter.
(d) Availability of funds
Any portion of the allotment to a State that is not expended for
activities under this chapter in the fiscal year for which the allotment
is made shall remain available to the State for two additional years,
after which any unexpended funds shall be returned to the Secretary. The
Secretary shall use the returned funds to carry out a discretionary
grant program for research-based early learning demonstration projects.
(e) Data
The Secretary shall make allotments under this chapter on the basis
of the most recent data available to the Secretary.
(Pub. L. 106-554, Sec. 1(a)(1) [title VIII, Sec. 809], Dec. 21, 2000,
114 Stat. 2763, 2763A-84.)
