Page:United States Statutes at Large Volume 91.djvu/1499

 PUBLIC LAW 95-207—DEC. 13, 1977

91 STAT. 1465

unless such funds are appropriated in the fiscal year prior to the fiscal year in which such funds will be obligated, and unless such funds are made available for expenditure to the States prior to the beginning of such fiscal year. ALLOTMENTS

SEC. 5. (a)(1) From the funds appropriated pursuant to section 4 State allotments, for each fiscal year which are not reserved under paragraph (2) of minimum. this subsection, the Commissioner shall allot to each State an amount 20 USC 2604. which bears the same ratio to such funds as such State's population aged five to eighteen, inclusive, bears to the total population, aged five to eighteen, inclusive, of all the States, except that no State shall be allotted from such funds for each fiscal year an amount less than $125,000. (2) From the remainder of the funds appropriated pursuant to sec- Reserves, tion 4 for each fiscal year, the Commissioner may reserve.— (A) an amount not to exceed 5 per centum each year for the administration of this Act and for making model program grants pursuant to section 10, (B) an amount not to exceed 1 per centum each year for the purpose of carrying out the information program pursuant to section 12 of this Act, (C) an amount not to exceed one-half of one per centum each year for the purpose of carrying out a national evaluation of the effectiveness of programs assisted under this Act in carrying out the purposes of this Act, and (D) an amount equal to 1 per centum for the purpose of making payments to the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands in furtherance of the purposes of this Act. (b)(1) Any funds allotted to a State under paragraph (1) of sub- Reallotment. section (a) for which a State has not applied or for which a State application has not been approved shall be reallotted by ratably increasing the allocations of each of the States which have approved applications. (2) If the sums appropriated for any fiscal year are not sufficient to make the allotments of the minimum amounts specified in paragraph (1) of subsection (a), such minimum amounts shall be ratably reduced. If additional sums become available during a fiscal year for which such allotments were reduced, such allotments shall be increased on the same basis as they were reduced. (c) Notwithstanding any other provision of this Act, any State which receives, in any fiscal year, the minimum allotment prescribed under paragraph (1) of subsection (a) of this section does not have to comply with the provisions of section 6(6) relating to staff employed at the State level. APPLICATIONS

SEC. 6. Every State desiring to receive funds appropriated under Contents, section 4 for fiscal year 1979 shall submit to the Commissioner an 20 USC 2605. application containing assurances that— (1) the State educational agency will be the agency responsible for planning the use, and administering the expenditure, of funds received under this Act, other than funds made available under sections 10,11, and 12;

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