§6363 — Title 20 Education | U.S. Code

Summary

The Secretary must split the yearly federal funds under section 6302(b) one way if the total is at or below the threshold in section 6311(b)(2)(I), and another way if the total is above that threshold. If the total is at or below the threshold, the Secretary must set aside one-half of 1 percent for the Bureau of Indian Education, one-half of 1 percent for outlying areas, up to 20 percent to carry out section 6362, and use the rest for section 6361 by giving each State $3,000,000 (reduced evenly if there is not enough money). Any money left after the $3,000,000 payments is split among States based on the number of students ages 5 through 17 in each State. If the total is above the threshold, the extra money is first used for competitive grants to State education agencies or State consortia that apply to carry out certain activities listed in section 6361(a)(2). Grants and any remaining funds are then allotted to States or consortia in proportion to each State’s count of students ages 5 through 17. "State" means the 50 States, the District of Columbia, and Puerto Rico. The Secretary must follow the limits in section 7909 when giving out these funds.

Title 20, §6363

Education — Source: USLM XML via OLRC

(a)From amounts made available for each fiscal year under subsection 11 So in original. Probably should be “section”. 6302(b) of this title that are equal to or less than the amount described in section 6311(b)(2)(I) of this title, 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)reserve not more than 20 percent to carry out section 6362 of this title; and

(4)from the remainder, carry out section 6361 of this title 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)For any fiscal year for which the amount made available for a fiscal year under subsection 1 6302(b) of this title exceeds the amount described in section 6311(b)(2)(I) of this title, the Secretary shall make such excess amount available as follows:

(1)(A)The 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 section 6361(a)(2) of this title.

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

(d)In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 7909 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6363, Pub. L. 89–10, title I, § 1203, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1543; amended Pub. L. 110–154, § 1(c)(3), Dec. 21, 2007, 121 Stat. 1828; Pub. L. 113–128, title V, § 512(i)(1), July 22, 2014, 128 Stat. 1708, related to applications for State formula grants, prior to the general amendment of this part by Pub. L. 114–95. Another prior section 6363, Pub. L. 89–10, title I, § 1203, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3579; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 204(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–409; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1604(f), (g)], Dec. 21, 2000, 114 Stat. 2763, 2763A–330, related to State Even Start programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1203 of Pub. L. 89–10 was classified to section 2783 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an

Effective Date

of 2015 Amendment note under section 6301 of this title.

§6363 Allotment of appropriated funds

Summary

Title 20, §6363

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata