--- kind: "section" citation: "20 U.S.C. § 6363" title: "20" title_heading: "Education" number: "6363" heading: "Allotment of appropriated funds" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/20/6363" units: - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools" - "Subchapter I — Improving the Academic Achievement of the Disadvantaged" - "Part B — State Assessment Grants" --- # §6363. Allotment of appropriated funds - (a) **Amounts equal to or less than trigger amount—** From amounts made available for each fiscal year under subsection[^1] [6302(b)](/usc/20/6302.md?p=b) of this title that are equal to or less than the amount described in [section 6311(b)(2)(I) of this title](/usc/20/6311.md?p=b-2-I), the [Secretary](/usc/20/7801.md?p=46) shall— - (1) reserve one-half of 1 percent for the Bureau of [Indian](/usc/20/7491.md?p=3) Education; - (2) reserve one-half of 1 percent for the [outlying areas](/usc/20/7801.md?p=36); - (3) reserve not more than 20 percent to carry out [section 6362 of this title](/usc/20/6362.md); and - (4) from the remainder, carry out [section 6361 of this title](/usc/20/6361.md) by allocating to each [State](/usc/20/7171.md?p=b-6) 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](/usc/20/7171.md?p=b-6), the [Secretary](/usc/20/7801.md?p=46) shall ratably reduce such amount for each [State](/usc/20/7171.md?p=b-6); and - (B) with respect to any amounts remaining after the allocation under [subparagraph (A)](#a-4-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](/usc/20/7171.md?p=b-6) (as determined by the [Secretary](/usc/20/7801.md?p=46) on the basis of the most recent satisfactory data) bears to the total number of such students in all [States](/usc/20/7171.md?p=b-6). - (b) **Amounts above trigger amount—** For any fiscal year for which the amount made available for a fiscal year under subsection[^1] [6302(b)](/usc/20/6302.md?p=b) of this title exceeds the amount described in [section 6311(b)(2)(I) of this title](/usc/20/6311.md?p=b-2-I), the [Secretary](/usc/20/7801.md?p=46) shall make such excess amount available as follows: - (1) **Competitive grants—** - (A) **In general—** The [Secretary](/usc/20/7801.md?p=46) shall first use such funds to award grants, on a competitive basis, to [State educational agencies](/usc/20/7801.md?p=49) or consortia of [State educational agencies](/usc/20/7801.md?p=49) that have submitted applications described in [subparagraph (B)](#b-1-B) to enable such [States](/usc/20/7171.md?p=b-6) to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of [section 6361(a)(2) of this title](/usc/20/6361.md?p=a-2). - (B) **Applications—** A [State](/usc/20/7171.md?p=b-6), or a consortium of [States](/usc/20/7171.md?p=b-6), that desires a competitive grant under [subparagraph (A)](#b-1-A) shall submit an application to the [Secretary](/usc/20/7801.md?p=46) at such time and in such manner as the [Secretary](/usc/20/7801.md?p=46) 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)](#b-1-A). - (C) **Amount of competitive grants—** In determining the amount of a grant under [subparagraph (A)](#b-1-A), the [Secretary](/usc/20/7801.md?p=46) shall ensure that a [State](/usc/20/7171.md?p=b-6) 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](/usc/20/7171.md?p=b-6), or, in the case of a consortium, in each [State](/usc/20/7171.md?p=b-6) that comprises the consortium, (as determined by the [Secretary](/usc/20/7801.md?p=46) on the basis of the most recent satisfactory data) bears to the total number of such students in all [States](/usc/20/7171.md?p=b-6). - (2) **Allotments—** Any amounts remaining after the [Secretary](/usc/20/7801.md?p=46) awards funds under [paragraph (1)](#b-1) shall be allotted to each [State](/usc/20/7171.md?p=b-6), or consortium of [States](/usc/20/7171.md?p=b-6), 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](/usc/20/7171.md?p=b-6), or, in the case of a consortium, in the [States](/usc/20/7171.md?p=b-6) of the consortium, (as determined by the [Secretary](/usc/20/7801.md?p=46) on the basis of the most recent satisfactory data) bears to the total number of such students in all [States](/usc/20/7171.md?p=b-6). - (c) **State defined—** In this part, the term “[State](/usc/20/7171.md?p=b-6)” means each of the 50 [States](/usc/20/7171.md?p=b-6), the District of Columbia, and the Commonwealth of Puerto Rico. - (d) **Prohibition—** In making funds available to [States](/usc/20/7171.md?p=b-6) under this part, the [Secretary](/usc/20/7801.md?p=46) shall comply with the prohibitions described in [section 7909 of this title](/usc/20/7909.md). ## Footnotes [^1]: So in original. Probably should be “section”. ## Source credit (Pub. L. 89–10, title I, § 1203, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1884.) ## Notes ### 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.