PUBLIC LAW 110–134—DEC. 12, 2007
121 STAT. 1371
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paragraph (4), and reallocate the portion in accordance with paragraph (4), for the following fiscal year referred to in clause (ii). ‘‘(4)(A) Except as provided in subparagraph (B), from any amount remaining for a fiscal year after the Secretary carries out paragraphs (2) and (3) (referred to in this paragraph as the ‘balance’), the Secretary shall— ‘‘(i) reserve 40 percent to carry out subparagraph (C) and paragraph (5); ‘‘(ii) reserve 45 percent to carry out subparagraph (D); and ‘‘(iii) reserve 15 percent (which shall remain available through the end of fiscal year 2012) to provide funds for carrying out section 642B(b)(2). ‘‘(B)(i) Under the circumstances described in clause (ii), from the balance, the Secretary shall— ‘‘(I) reserve 45 percent to carry out subparagraph (C) and paragraph (5); and ‘‘(II) reserve 55 percent to carry out subparagraph (D). ‘‘(ii) The Secretary shall make the reservations described in clause (i) for a fiscal year if— ‘‘(I) the total cumulative amount reserved under subparagraph (A)(iii) for all preceding fiscal years equals $100,000,000; or ‘‘(II) in the 2-year period preceding such fiscal year, funds were reserved under subparagraph (A)(iii) in an amount that totals not less than $15,000,000 and the Secretary received no approvable applications for such funds. ‘‘(iii) The total cumulative amount reserved under subparagraph (A)(iii) for all fiscal years may not be greater than $100,000,000. ‘‘(C) The Secretary shall fund the quality improvement activities described in paragraph (5) using the amount reserved under subparagraph (A)(i) or subparagraph (B)(i)(I), as appropriate, of which— ‘‘(i) a portion that is less than 10 percent may be reserved by the Secretary to provide funding to Head Start agencies (including Early Head Start agencies) that demonstrate the greatest need for additional funding for such activities, as determined by the Secretary; and ‘‘(ii) a portion that is not less than 90 percent shall be reserved by the Secretary to allot, to each Head Start agency (including each Early Head Start agency), an amount that bears the same ratio to such portion as the number of enrolled children served by the agency involved bears to the number of enrolled children served by all the Head Start agencies (including Early Head Start agencies), except that the Secretary shall account for the additional costs of serving children in Early Head Start programs and may consider whether an agency is providing a full-day program or whether an agency is providing a full-year program. ‘‘(D) The Secretary shall fund expansion of Head Start programs (including Early Head Start programs) using the amount reserved under subparagraph (A)(ii) or subparagraph (B)(i)(II), as appropriate, of which the Secretary shall— ‘‘(i) use 0.2 percent for Head Start programs funded under clause (iv) or (v) of paragraph (2)(B) (other than Early Head Start programs);
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