---
kind: "section"
citation: "20 U.S.C. § 9406"
title: "20"
title_heading: "Education"
number: "9406"
heading: "Program authorized"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9406"
units:
  - "Chapter 75 — Early Learning Opportunities"
---

# §9406. Program authorized

- (a) **Grants—** From amounts appropriated under [section 9404 of this title](/usc/20/9404.md) the [Secretary](/usc/20/9402.md?p=11) shall award grants to [States](/usc/20/9402.md?p=12) to enable the [States](/usc/20/9402.md?p=12) to award grants to [Local Councils](/usc/20/9402.md?p=6) to pay the Federal share of the cost of carrying out [early learning programs](/usc/20/9402.md?p=4) in the [locality](/usc/20/9402.md?p=7) served by the [Local Council](/usc/20/9402.md?p=6).
- (b) **Federal share—**
  - (1) **In general—** The Federal share of the cost described in subsections [(a)](#a) and [(e)](#e) shall be 85 percent for the first and second years of the grant, 80 percent for the third and fourth years of the grant, and 75 percent for the fifth and subsequent years of the grant.
  - (2) **Non-Federal share—** The non-Federal share of the cost described in subsections [(a)](#a) and [(e)](#e) may be contributed in cash or in kind, fairly evaluated, including facilities, equipment, or services, which may be provided from [State](/usc/20/9402.md?p=12) or local public sources, or through donations from private entities. For the purposes of this paragraph the term “facilities” includes the use of facilities, but the term “equipment” means donated equipment and not the use of equipment.
- (c) **Maintenance of effort—** The [Secretary](/usc/20/9402.md?p=11) shall not award a grant under this chapter to any [State](/usc/20/9402.md?p=12) unless the [Secretary](/usc/20/9402.md?p=11) first determines that the total expenditures by the [State](/usc/20/9402.md?p=12) and its political subdivisions to support [early learning programs](/usc/20/9402.md?p=4) (other than funds used to pay the non-Federal share under [subsection (b)(2)](#b-2)) for the fiscal year for which the determination is made is equal to or greater than such expenditures for the preceding fiscal year.
- (d) **Supplement not supplant—** Amounts received under this chapter shall be used to supplement and not supplant other Federal, [State](/usc/20/9402.md?p=12), and local public funds expended to promote [early learning](/usc/20/9402.md?p=3).
- (e) **Special rule—** If funds appropriated to carry out this chapter are less than $150,000,000 for any fiscal year, the [Secretary](/usc/20/9402.md?p=11) shall award grants for the fiscal year directly to [Local Councils](/usc/20/9402.md?p=6), on a competitive basis, to pay the Federal share of the cost of carrying out [early learning programs](/usc/20/9402.md?p=4) in the [locality](/usc/20/9402.md?p=7) served by the [Local Council](/usc/20/9402.md?p=6). In carrying out the preceding sentence—
  - (1) [subsection (c)](#c), subsections (b) and (c) of [section 9409 of this title](/usc/20/9409.md), and paragraphs (1), (2), and (3) of [section 9410(a) of this title](/usc/20/9410.md?p=a) shall not apply;
  - (2) [State](/usc/20/9402.md?p=12) responsibilities described in [section 9410(d) of this title](/usc/20/9410.md?p=d) shall be carried out by the [Local Council](/usc/20/9402.md?p=6) with regard to the [locality](/usc/20/9402.md?p=7);
  - (3) the [Secretary](/usc/20/9402.md?p=11) shall provide such technical assistance and monitoring as necessary to ensure that the use of the funds by [Local Councils](/usc/20/9402.md?p=6) and the distribution of the funds to [Local Councils](/usc/20/9402.md?p=6) are consistent with this chapter; and
  - (4) subject to [paragraph (1)](#e-1), the [Secretary](/usc/20/9402.md?p=11) shall assume the responsibilities of the Lead [State](/usc/20/9402.md?p=12) Agency under this chapter, as appropriate.

## Source credit

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 807], Dec. 21, 2000, 114 Stat. 2763, 2763A–82.)