### §5116b. Amount of grant

#### (a) Reservation

The Secretary shall reserve 1 percent of the amount appropriated under section 5116i 1 of this title for a fiscal year to make allotments to Indian tribes and tribal organizations and migrant programs.

#### (b) Remaining amounts

#### (1) In general

The Secretary shall allot the amount appropriated under section 5116i 1 of this title for a fiscal year and remaining after the reservation under subsection (a) among the States as follows:

#### (A) 70 percent

70 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the number of children under the age of 18 residing in the State bears to the total number of children under the age of 18 residing in all States (except that no State shall receive less than $175,000 under this subparagraph).

#### (B) 30 percent

30 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the amount of private, State or other non-Federal funds leveraged and directed through the currently designated State lead entity in the preceding fiscal year bears to the aggregate of the amounts leveraged by all States from private, State, or other non-Federal sources and directed through the current lead entity of such States in the preceding fiscal year.

#### (2) Additional requirement

The Secretary shall provide allotments under paragraph (1) to the State lead entity.

#### (c) Allocation

Funds allotted to a State under this section—

(1) shall be for a 3-year period; and

(2) shall be provided by the Secretary to the State on an annual basis, as described in subsection (b).

(Pub. L. 93–247, title II, §203, as added Pub. L. 104–235, title I, §121, Oct. 3, 1996, 110 Stat. 3082; amended Pub. L. 108–36, title I, §123, June 25, 2003, 117 Stat. 815; Pub. L. 111–320, title I, §134, Dec. 20, 2010, 124 Stat. 3479.)

#### **Editorial Notes**

#### References in Text

Section 5116i of this title, referred to in subsecs. (a) and (b)(1), was in the original "section 210", and was translated as meaning section 209 of Pub. L. 93–247 to reflect the probable intent of Congress and the redesignation of section 210 as 209 by Pub. L. 111–320, title I, §141, Dec. 20, 2010, 124 Stat. 3482.

#### Prior Provisions

A prior section 5116b, Pub. L. 93–247, title II, §203, formerly Pub. L. 98–473, title IV, §404, Oct. 12, 1984, 98 Stat. 2197; renumbered §203 of Pub. L. 93–247, and amended Pub. L. 101–126, §§2(a), 3(a)(3), (c)(1), 4(c), 5, Oct. 25, 1989, 103 Stat. 764, 766–768; Pub. L. 102–295, title I, §122, May 28, 1992, 106 Stat. 198, authorized Secretary to make grants and authorized appropriations to carry out this subchapter, prior to the general amendment of this subchapter by Pub. L. 103–252, §401(a).

#### Amendments

2010—Subsec. (b)(1). Pub. L. 111–320 inserted subpar. headings.

2003—Subsec. (b)(1)(B). Pub. L. 108–36, §123(1), substituted "as the amount of private, State or other non-Federal funds leveraged and directed through the currently designated" for "as the amount leveraged by the State from private, State, or other non-Federal sources and directed through the", "State lead entity" for "State lead agency", and "the current lead entity" for "the lead agency".

Subsec. (c)(2). Pub. L. 108–36, §123(2), substituted "subsection (b)" for "subsection (a)".

1 See References in Text note below.