20 U.S.C. § 6363 | Allotment of appropriated funds

(a)

Amounts equal to or less than trigger amount

1 So in original. Probably should be “section”.

section 6311(b)(2)(I) of this titleFrom amounts made available for each fiscal year under subsection  6302(b) of this title that are equal to or less than the amount described in , the Secretary shall—

(1)

reserve one-half of 1 percent for the Bureau of Indian Education;

(2)

reserve one-half of 1 percent for the outlying areas;

(3)

section 6362 of this title reserve not more than 20 percent to carry out ; and

(4)

section 6361 of this title from the remainder, carry out by allocating to each State an amount equal to—

(A)

$3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and

(B)

with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(b)

Amounts above trigger amount

¹section 6311(b)(2)(I) of this titleFor any fiscal year for which the amount made available for a fiscal year under subsection  6302(b) of this title exceeds the amount described in , the Secretary shall make such excess amount available as follows:

(1)

Competitive grants

(A)

In general

section 6361(a)(2) of this titleThe Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of .

(B)

Applications

A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A).

(C)

Amount of competitive grants

In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium’s grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(2)

Allotments

Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

(c)

State defined

In this part, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(d)

Prohibition

section 7909 of this titleIn making funds available to States under this part, the Secretary shall comply with the prohibitions described in .

Pub. L. 89–10, title I, § 1203 Pub. L. 114–95, title I, § 1201Dec. 10, 2015129 Stat. 1884(, as added , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–10, title I, § 1203 Pub. L. 107–110, title I, § 101Jan. 8, 2002115 Stat. 1543 Pub. L. 110–154, § 1(c)(3)Dec. 21, 2007121 Stat. 1828 Pub. L. 113–128, title V, § 512(i)(1)July 22, 2014128 Stat. 1708 Pub. L. 114–95A prior section 6363, , as added , , ; amended , , ; , , , related to applications for State formula grants, prior to the general amendment of this part by .

Pub. L. 89–10, title I, § 1203 Pub. L. 103–382, title I, § 101Oct. 20, 1994108 Stat. 3579 Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(b)]Oct. 21, 1998112 Stat. 2681–337 Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(f), (g)]Dec. 21, 2000114 Stat. 2763 Pub. L. 107–110Another prior section 6363, , as added , , ; amended , , , 2681–409; , , , 2763A–330, related to State Even Start programs, prior to the general amendment of this subchapter by .

section 1203 of Pub. L. 89–10 section 2783 of this title Pub. L. 89–10 Pub. L. 103–382A prior was classified to , prior to the general amendment of by .

Statutory Notes and Related Subsidiaries

Effective Date

Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleSection effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as an Effective Date of 2015 Amendment note under .