 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                SUBCHAPTER III--TECHNOLOGY FOR EDUCATION
 
      Part E--Elementary Mathematics and Science Equipment Program
 
Sec. 6974. Allotments of funds


(a) In general

    From the amount appropriated under section 6979 of this title for 
any fiscal year, the Secretary shall reserve--
        (1) not more than one-half of 1 percent for allotment among 
    Guam, American Samoa, the Virgin Islands, and the Northern Mariana 
    Islands according to their respective needs for assistance under 
    this part; and
        (2) one-half of 1 percent for programs for Indian students 
    served by schools funded by the Secretary of the Interior which are 
    consistent with the purposes of this part.

(b) Allotment

                           (1) In general

        The remainder of the amount so appropriated (after meeting 
    requirements in subsection (a) of this section) shall be allotted 
    among State educational agencies so that--
            (A) one-half of such remainder shall be distributed by 
        allotting to each State educational agency an amount which bears 
        the same ratio to such one-half of such remainder as the number 
        of children aged 5 to 17, inclusive, in the State bears to the 
        number of such children in all States; and
            (B) one-half of such remainder shall be distributed 
        according to each State's share of allocations under part A of 
        subchapter I of this chapter.

                             (2) Minimum

        Except as provided in paragraph (3), no State educational agency 
    shall receive an allotment under this subsection for any fiscal year 
    in an amount that is--
            (A) less than one-half of 1 percent of the amount made 
        available under this subsection for such fiscal year; or
            (B) less than the amount allotted to such State for fiscal 
        year 1988 under title II of the Education for Economic Security 
        Act.

                       (3) Ratable reductions

        (A) If the sums made available under this part for any fiscal 
    year are insufficient to pay the full amounts that all State 
    educational agencies are eligible to receive under paragraph (2)(B) 
    for such year, the Secretary shall ratably reduce the allotment to 
    such agencies for such year.
        (B) If additional funds become available for making payments 
    under paragraph (2)(B) for such fiscal year, allotments that were 
    reduced under subparagraph (A) shall be increased on the same basis 
    as such allotments were reduced.

(c) Reallotment of unused funds

    The amount of any State educational agency's allotment under 
subsection (b) of this section for any fiscal year to carry out this 
part which the Secretary determines will not be required for that fiscal 
year to carry out this part shall be available for reallotment from time 
to time, on such dates during that year as the Secretary may determine, 
to other State educational agencies in proportion to the original 
allotments to those State educational agencies under subsection (b) of 
this section for that year but with such proportionate amount for any of 
those other State educational agencies being reduced to the extent it 
exceeds the sum the Secretary estimates that the State educational 
agency needs and will be able to use for that year, and the total of 
those reductions shall be similarly reallotted among the State 
educational agencies whose proportionate amounts were not so reduced. 
Any amounts reallotted to a State educational agency under this 
subsection during a year shall be deemed a part of the State educational 
agency's allotment under subsection (b) of this section for that year.

(d) ``State'' defined

    For the purposes of this part the term ``State'' means each of the 
50 States, the District of Columbia, and the Commonwealth of Puerto 
Rico.

(e) Data

    The number of children aged 5 to 17, inclusive, in the State and in 
all States shall be determined by the Secretary on the basis of the most 
recent satisfactory data available to the Secretary.

(Pub. L. 89-10, title III, Sec. 3504, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3667.)

                       References in Text

    The Education for Economic Security Act, referred to in subsec. 
(b)(2)(B), is Pub. L. 98-377, Aug. 11, 1984, 98 Stat. 1267, as amended. 
Title II of the Act was classified generally to subchapter II (Sec. 3961 
et seq.) of chapter 52 of this title, prior to repeal by Pub. L. 100-
297, title II, Sec. 2303, Apr. 28, 1988, 102 Stat. 324. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3901 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 6973 of this title.
