20 U.S.C. § 9131: Reservations and allotments

Summary

The Director must set aside money each year from the funds made available under section 9123. Two separate reserves are required: 2.25% is saved for grants under section 9161, and 3.75% is saved for national leadership grants or contracts under section 9162. If the 3.75% set-aside is not spent by the end of the fiscal year, it is added back and distributed the next year. After those reserves, the Director gives every State a minimum grant and then shares any leftover money based on each State’s share of the total population. The basic minimum is $680,000 for most States and $60,000 for the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Marshall Islands, Micronesia, and Palau. If there is not enough money to meet those minimums, the minimums are cut proportionally. If the available funds (after reserves) are larger than the total of 2019 allotments, the minimums rise to $1,000,000 and $100,000 respectively, with any smaller excess used first to raise the $680,000 States equally, then the $60,000 States. Population counts use the most recent Bureau of the Census data.

Title 20, §9131

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(a)Reservations

(1)In general

From the amount appropriated under the authority of section 9123 of this title for any fiscal year, the Director— (A)

(B)shall reserve 3.75 percent to award national leadership grants or contracts in accordance with section 9162 of this title.

(2)Special rule

If the funds reserved pursuant to paragraph (1)(B) for a fiscal year have not been obligated by the end of such fiscal year, then such funds shall be allotted in accordance with subsection (b) for the fiscal year succeeding the fiscal year for which the funds were so reserved.

(b)Allotments

(1)In general

From the sums appropriated under the authority of section 9123 of this title and not reserved under subsection (a) for any fiscal year, the Director shall award grants from minimum allotments, as determined under paragraph (3), to each State. Any sums remaining after minimum allotments are made for such year shall be allotted in the manner set forth in paragraph (2).

(2)Remainder

From the remainder of any sums appropriated under the authority of section 9123 of this title that are not reserved under subsection (a) and not allotted under paragraph (1) for any fiscal year, the Director shall award grants to each State in an amount that bears the same relation to such remainder as the population of the State bears to the population of all States.

(3)Minimum allotments

(A)In general

For purposes of this subsection, the minimum allotment for each State shall be $680,000, except that the minimum allotment shall be $60,000 in the case of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(B)Ratable reductions

Notwithstanding subparagraph (A), if the sum appropriated under the authority of section 9123 of this title and not reserved under subsection (a) for any fiscal year is insufficient to fully satisfy the requirement of subparagraph (A), each of the minimum allotments under such subparagraph shall be reduced ratably.

(C)Exception

(i)In general

Notwithstanding subparagraph (A), if the sum appropriated under the authority of section 9123 of this title and not reserved under subsection (a) for any fiscal year exceeds the aggregate of the allotments for all States under this subsection for fiscal year 2019—

(I)the minimum allotment for each State otherwise receiving a minimum allotment of $680,000 under subparagraph (A) shall be increased to $1,000,000; and

(II)the minimum allotment for each State otherwise receiving a minimum allotment of $60,000 under subparagraph (A) shall be increased to $100,000.

(ii)Insufficient funds to award alternative minimum

If the sum appropriated under the authority of section 9123 of this title and not reserved under subsection (a) for any fiscal year exceeds the aggregate of the allotments for all States under this subsection for fiscal year 2019, yet is insufficient to fully satisfy the requirement of clause (i), such excess amount shall first be allotted among the States described in clause (i)(I) so as to increase equally the minimum allotment for each such State above $680,000. After the requirement of clause (i)(I) is fully satisfied for any fiscal year, any remainder of such excess amount shall be allotted among the States described in clause (i)(II) so as to increase equally the minimum allotment for each such State above $60,000.

(4)Data

The population of each State and of all the States shall be determined by the Director on the basis of the most recent data available from the Bureau of the Census.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(1)(A). Pub. L. 115–410, § 10(1), substituted “2.25 percent” for “1.75 percent”. Subsec. (b)(3)(C). Pub. L. 115–410, § 10(2), added subpar. (C) and struck out former subpar. (C) which related to special rule for grants to various United States territories. 2010—Subsec. (b)(3)(A). Pub. L. 111–340, § 203(1), substituted “$680,000” for “$340,000” and “$60,000” for “$40,000”. Subsec. (b)(3)(C), (D). Pub. L. 111–340, § 203(2), (3), redesignated subpar. (D) as (C) and struck out former subpar. (C), which related to the minimum allotments for States when the appropriated sums exceed the aggregate of allotments for all States for fiscal year 2003. 2003—Subsec. (b)(3). Pub. L. 108–81 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “(A) In general.—For the purposes of this subsection, the minimum allotment for each State shall be $340,000, except that the minimum allotment shall be $40,000 in the case of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. “(B) Ratable reductions.—If the sum appropriated under the authority of section 9123 of this title and not reserved under subsection (a) of this section for any fiscal year is insufficient to fully satisfy the aggregate of the minimum allotments for all States for that purpose for such year, each of such minimum allotments shall be reduced ratably. “(C) Special rule.— “(i) In general.—Notwithstanding any other provision of this subsection and using funds allotted for the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau under this subsection, the Director shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau to carry out activities described in this subchapter in accordance with the provisions of this subchapter that the Director determines are not inconsistent with this subparagraph. “(ii) Award basis.—The Director shall award grants pursuant to clause (i) on a competitive basis and pursuant to recommendations from the Pacific Region Educational Laboratory in Honolulu, Hawaii. “(iii) Termination of eligibility.—Notwithstanding any other provision of law, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall not receive any funds under this subchapter for any fiscal year that begins after September 30, 2001. “(iv) Administrative costs.—The Director may provide not more than 5 percent of the funds made available for grants under this subparagraph to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this subparagraph.” 1997—Subsec. (a)(1)(A). Pub. L. 105–128, § 4(1), substituted “1.75 percent” for “1½ percent”. Subsec. (a)(1)(B). Pub. L. 105–128, § 4(2), substituted “3.75 percent” for “4 percent”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–81 effective Oct. 1, 2003, see section 506 of Pub. L. 108–81, set out as a note under section 9101 of this title.

§9131 Reservations and Allotments