---
kind: "section"
citation: "20 U.S.C. § 9408"
title: "20"
title_heading: "Education"
number: "9408"
heading: "Reservations and allotments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9408"
units:
  - "Chapter 75 — Early Learning Opportunities"
---

# §9408. Reservations and allotments

- (a) **Reservation for Indian tribes, Alaska Natives, and Native Hawaiians—** The [Secretary](/usc/20/9402.md?p=11) shall reserve 1 percent of the total amount appropriated under [section 9404 of this title](/usc/20/9404.md) for each fiscal year, to be allotted to [Indian tribes](/usc/20/9402.md?p=5), [Regional Corporations](/usc/20/9402.md?p=10), and Native Hawaiian entities, of which—
  - (1) 0.5 percent shall be available to [Indian tribes](/usc/20/9402.md?p=5); and
  - (2) 0.5 percent shall be available to [Regional Corporations](/usc/20/9402.md?p=10) and Native Hawaiian entities.
- (b) **Allotments—** From the funds appropriated under this chapter for each fiscal year that are not reserved under [subsection (a)](#a), the [Secretary](/usc/20/9402.md?p=11) shall allot to each [State](/usc/20/9402.md?p=12) the sum of—
  - (1) an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger in the [State](/usc/20/9402.md?p=12) bears to the number of such children in all [States](/usc/20/9402.md?p=12); and
  - (2) an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger living in families with incomes below the [poverty line](/usc/20/9402.md?p=9) in the [State](/usc/20/9402.md?p=12) bears to the number of such children in all [States](/usc/20/9402.md?p=12).
- (c) **Minimum allotment—** No [State](/usc/20/9402.md?p=12) shall receive an allotment under [subsection (b)](#b) for a fiscal year in an amount that is less than .40 percent of the total amount appropriated for the fiscal year under this chapter.
- (d) **Availability of funds—** Any portion of the allotment to a [State](/usc/20/9402.md?p=12) that is not expended for activities under this chapter in the fiscal year for which the allotment is made shall remain available to the [State](/usc/20/9402.md?p=12) for two additional years, after which any unexpended funds shall be returned to the [Secretary](/usc/20/9402.md?p=11). The [Secretary](/usc/20/9402.md?p=11) shall use the returned funds to carry out a discretionary grant program for research-based [early learning](/usc/20/9402.md?p=3) demonstration projects.
- (e) **Data—** The [Secretary](/usc/20/9402.md?p=11) shall make allotments under this chapter on the basis of the most recent data available to the [Secretary](/usc/20/9402.md?p=11).

## Source credit

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 809], Dec. 21, 2000, 114 Stat. 2763, 2763A–84.)