20 U.S.C. § 2312
Section 2312 · Within State allocation
Amended 4 times on record
From the allotment made to each State from funds appropriated under section 2302(a) of this title for each fiscal year—
(1) an amount equal to at least 75 percent of the allotment shall be available only for basic programs under part C of subchapter II of this chapter;
(2) an amount equal to 10.5 percent of the allotment shall be available only for the program for single parents, displaced homemakers, and single pregnant women described in section 2335 of this title and the sex equity program described in section 2335a of this title, of which—
(A) not less than 7 percent of such allotment shall be reserved for the program for single parents, displaced homemakers, and single pregnant women; and
(B) not less than 3 percent of such allotment shall be reserved for the sex equity program;
(3) an amount equal to not more than 8.5 percent of the allotment shall be available only for State programs and activities described in section 2331 of this title;
(4) the State may use for administration of the State plan an amount that does not exceed 5 percent of the allotment or $250,000, whichever is greater, of which—
(A) not less than $60,000 shall be available only for purposes of carrying out the provisions of section 2321(b)(1) of this title; and
(B) remaining amounts may be used for the costs of—
(i) developing the State plan;
(ii) reviewing local applications;
(iii) monitoring and evaluating program effectiveness;
(iv) providing technical assistance; and
(v) assuring compliance with all applicable Federal laws, including required services and activities for individuals who are members of special populations; and
(5) an amount equal to 1 percent of the allotment shall be available only for programs for criminal offenders under section 2336 of this title.
Each State receiving financial assistance under this chapter shall match, from non-Federal sources and on a dollar-for-dollar basis, the funds reserved pursuant to subsection (a)(4) of this section.
(1) Except as provided in paragraph (3) and notwithstanding the provisions of subsection (a) of this section, each State shall reserve for the program for single parents, displaced homemakers, and single pregnant women under section 2335 of this title, and the sex equity program under section 2335a of this title, respectively, an amount that is not less than the amount such State reserved for each such program in the fiscal year 1990.
(2) Except as provided in paragraph (3) and notwithstanding the provisions of subsection (a) of this section, each State shall reserve for the program for criminal offenders under section 2336 of this title, an amount that is not less than the amount such State expended under this chapter for such program for the fiscal year 1990.
(3) In any year in which a State receives an amount for purposes of carrying out programs under subchapter II of this chapter that is less than the amount such State received for such purposes in the fiscal year 1990, such State shall ratably reduce the amounts reserved under paragraph (1).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Subsec. (c)(1). Pub. L. 102 103, §311(a)(1), substituted “paragraph (3)” for “paragraph (2)”, inserted “and” before “the sex equity program”, and struck out “and the program for criminal offenders under section 2336 of this title,” before “respectively,”.
Subsec. (c)(2), (3). Pub. L. 102 103, §311(a)(2), (3), added par. (2) and redesignated former par. (2) as (3).
1990—Pub. L. 101 392 amended section generally, substituting provisions relating to availability of funds from State's allotment for programs other than State grants and for administration of State plan and requirement of State to match funds and to maintain proportion of allotment reserved for certain programs for provisions relating to reservation of funds by States out of allotment of funds for administration of State plan, vocational education opportunities, and vocational education program improvement, innovation, and expansion.
1985—Subsec. (a). Pub. L. 99 159 amended subsec. (a) generally, substituting provisions setting forth requirements for States to reserve amounts from the allotment of funds, for provisions setting forth requirements for States for allocations from the allotment in each fiscal year.
Subsec. (b). Pub. L. 99 159 amended subsec. (b) generally, substituting provisions setting forth additional requirements for States with respect to reserves from the remainder of the allotment of funds, for provisions setting forth additional requirements for States with respect to allocations from the allotment.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 392 effective July 1, 1991, see section 702(a) of Pub. L. 101 392, set out as a note under section 2301 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99 159 effective July 1, 1985, see section 714(a) of Pub. L. 99 159, set out as a note under section 2311 of this title.