(1) Reservations From the sum appropriated under section
2307 of this title for each fiscal year, the Secretary shall reserve
(A) 0.13 percent to carry out section
2325 of this title; and
(B) 1.50 percent to carry out section
2326 of this title, of which
(i) 1.25 percent of the sum shall be available to carry out section
2326 (b) of this title; and
(ii) 0.25 percent of the sum shall be available to carry out section
2326 (h) of this title.
(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 States 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 States 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 States allotment ratio bears to the sum of the corresponding products for all the States; and
(D) an amount that bears the same ratio to 15 percent of the sum being allotted as the amounts allotted to the State under subparagraphs (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under subparagraphs (A), (B), and (C) for such year.
(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
(I) 150 percent of the amount that the State received in the preceding fiscal year; and
(II) the amount calculated under clause (ii).
(ii) Amount The amount calculated under this clause shall be determined by multiplying
(I) the number of individuals in the State counted under paragraph (2) in the preceding fiscal year; by
(II) 150 percent of the national average per pupil payment made with funds available under this section for that year.
(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
(ii) the sum 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); and
(II) the product of
(aa) 1/3 of the additional funds; multiplied by
(bb) the quotient of
(AA) the qualifying States 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) the sum of
(aa) the amount allotted under paragraph (2) for fiscal year 2006 (as such paragraph (2) was in effect on the day before August 12, 2006);
(bb) the amount reserved under paragraph (1)(C) for fiscal year 2006 (as such paragraph (1)(C) was so in effect); and
(cc) $827,671.
(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) Ratable reduction
If for any fiscal year the amount appropriated for allotments under this section is insufficient to satisfy the provisions of subparagraph (A), the payments to all States under such subparagraph shall be ratably reduced.
