PUBLIC LAW 106-554^APPENDIX A 114 STAT. 2763A-83 the cost of carrying out early learning programs in the locality served by the Local Council. (b) FEDERAL SHARE.— (1) IN GENERAL. —The Federal share of the cost described in subsections (a) and (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 grsint. (2) NON-FEDERAL SHARE.— The non-Federal share of the cost described in subsections (a) and (e) may be contributed in cash or in kind, fairly evaluated, including facilities, equipment, or services, which may be provided from State 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 shall not award a grant under this title to any State unless the Secretary first determines that the total expenditures by the State and its political subdivisions to support early learning programs (other than funds used to pay the non-Federal share under subsection (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 title shall be used to supplement and not supplant other Federal, State, and local public funds expended to promote early learning. (e) SPECIAL RULE.— If funds appropriated to carry out this title are less than $150,000,000 for any fiscal year, the Secretary shall award grants for the fiscal year directly to Local Councils, on a competitive basis, to pay the Federal share of the cost of carrying out early learning programs in the locsdity served by the Local Council. In carrying out the preceding sentence— (1) subsection (c), subsections (b) and (c) of section 810, and paragraphs (1), (2), and (3) of section 811(a) shall not apply; (2) State responsibilities described in section 811(d) shall be carried out by the Local Council with regard to the locality; (3) the Secretary shall provide such technical assistance and monitoring as necessary to ensure that the use of the funds by Local Councils and the distribution of the funds to Local Councils are consistent with this title; and (4) subject to paragraph (1), the Secretary shall assume the responsibilities of the Lead State Agency under this title, as appropriate. SEC. 808. USES OF FUNDS. (a) IN GENERAL. —Subject to section 810, grant funds under this title shall be used to pay for developing, operating, or enhancing voluntary early learning programs that are likely to produce sustained gains in early learning. (b) LIMITED USES. — Subject to section 810, Lead State Agencies and Local Councils shall ensure that funds made available under this title to the agencies and Local Councils are used for three or more of the following activities: (1) Helping parents, caregivers, child care providers, and educators increase their capacity to facilitate the development of cognitive, language comprehension, expressive language,
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