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§ 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.)



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