§ 2321. Reservations and State allotment
(a)
Reservations and State allotment
(1)
Reservations
From the sum appropriated under section
2307 of this title for each fiscal year, the Secretary shall reserve—
(2)
State allotment formula
Subject to paragraphs (3), (4), and (5), from the remainder of the sum appropriated under section
2307 of this title and not reserved under paragraph (1) for a fiscal year, the Secretary shall allot to a State for the fiscal year—
(A)
an amount that bears the same ratio to 50 percent of the sum being allotted as the product of the population aged 15 to 19 inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of the corresponding products for all the States;
(B)
an amount that bears the same ratio to 20 percent of the sum being allotted as the product of the population aged 20 to 24, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of the corresponding products for all the States;
(C)
an amount that bears the same ratio to 15 percent of the sum being allotted as the product of the population aged 25 to 65, inclusive, in the State in the fiscal year preceding the fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of the corresponding products for all the States; and
(3)
Minimum allotment for years with no additional funds
(A)
In general
Notwithstanding any other provision of law and subject to subparagraphs (B) and (C), and paragraph (5), for a fiscal year for which there are no additional funds (as such term is defined in paragraph (4)(D)), no State shall receive for such fiscal year under this subsection less than 1/2 of 1 percent of the amount appropriated under section
2307 of this title and not reserved under paragraph (1) for such fiscal year. Amounts necessary for increasing such payments to States to comply with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States.
(B)
Requirement
No State, by reason of the application of subparagraph (A), shall receive for a fiscal year more than 150 percent of the amount the State received under this subsection for the preceding fiscal year.
(C)
Special rule
(i)
In general
Subject to paragraph (5), no State, by reason of the application of subparagraph (A), shall be allotted for a fiscal year more than the lesser of—
(4)
Minimum allotment for years with additional funds
(A)
In general
Subject to subparagraph (B) and paragraph (5), for a fiscal year for which there are additional funds, no State shall receive for such fiscal year under this subsection less than 1/2 of 1 percent of the amount appropriated under section
2307 of this title and not reserved under paragraph (1) for such fiscal year. Amounts necessary for increasing such payments to States to comply with the preceding sentence shall be obtained by ratably reducing the amounts to be paid to other States.
(B)
Special rule
In the case of a qualifying State, the minimum allotment under subparagraph (A) for a fiscal year for the qualifying State shall be the lesser of—
(i)
1/2 of 1 percent of the amount appropriated under section
2307 of this title and not reserved under paragraph (1) for such fiscal year; and
(AA)
the qualifying State’s ratio described in subparagraph (C) for the fiscal year for which the determination is made; divided by
(BB)
the sum of all such ratios for all qualifying States for the fiscal year for which the determination is made.
(C)
Ratio
For purposes of subparagraph (B)(ii)(II)(bb)(AA), the ratio for a qualifying State for a fiscal year shall be 1.00 less the quotient of—
(i)
the amount the qualifying State was allotted under paragraph (2) for fiscal year 2006 (as such paragraph was in effect on the day before August 12, 2006); divided by
(ii)
1/2 of 1 percent of the amount appropriated under section
2307 of this title and not reserved under paragraph (1) for the fiscal year for which the determination is made.
(D)
Definitions
In this paragraph:
(i)
Additional funds
The term “additional funds” means the amount by which—
(I)
the sum appropriated under section
2307 of this title and not reserved under paragraph (1) for a fiscal year; exceeds
(ii)
Qualifying State
The term “qualifying State” means a State (except the United States Virgin Islands) that, for the fiscal year for which a determination under this paragraph is made, would receive, under the allotment formula under paragraph (2) (without the application of this paragraph and paragraphs (3) and (5)), an amount that would be less than the amount the State would receive under subparagraph (A) for such fiscal year.
(5)
Hold harmless
(A)
In general
No State shall receive an allotment under this section for a fiscal year that is less than the allotment the State received under part A of title I of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2311 et seq.) (as such part was in effect on the day before October 31, 1998) for fiscal year 1998.
(b)
Reallotment
If the Secretary determines that any amount of any State’s allotment under subsection (a) for any fiscal year will not be required for such fiscal year for carrying out the activities for which such amount has been allotted, the Secretary shall make such amount available for reallotment. Any such reallotment among other States shall occur on such dates during the same year as the Secretary shall fix, and shall be made on the basis of criteria established by regulation. No funds may be reallotted for any use other than the use for which the funds were appropriated. Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the succeeding fiscal year and shall be deemed to be part of the State’s allotment for the year in which the amount is obligated.
(c)
Allotment ratio
(1)
In general
The allotment ratio for any State shall be 1.00 less the product of—
(2)
Promulgation
The allotment ratios shall be promulgated by the Secretary for each fiscal year between October 1 and December 31 of the fiscal year preceding the fiscal year for which the determination is made. Allotment ratios shall be computed on the basis of the average of the appropriate per capita incomes for the 3 most recent consecutive fiscal years for which satisfactory data are available.
(d)
Definition of State
For the purpose of this section, the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.