20 U.S.C. § 2321 — Reservations and State allotment

Page 1062 TITLE 20—EDUCATION § 2321 retary of Health and Human Services, and such other personnel of the Department of Education, the Department of Labor, and the Department of Health and Human Services as the Secretaries consider appropriate. (c) Duties The Task Force shall— (1) examine principal data required for pro- grams under the Adult Education Act, the Carl D. Perkins Vocational and Applied Tech- nology Education Act, the Job Training Part- nership Act, the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], and the Wagner-Peyser Act [29 U.S.C. 49 et seq.]; (2) examine possible common objectives, definitions, measures, and standards for such programs; and (3) consider integration of research and de- velopment conducted with Federal assistance in the area of vocational education and related areas, including areas of emerging tech- nologies. (Pub. L. 101–392, § 4, Sept. 25, 1990, 104 Stat. 758; Pub. L. 104–66, title I, § 1041(f), Dec. 21, 1995, 109 Stat. 715.) Editorial Notes REFERENCES IN TEXT The Adult Education Act, referred to in subsec. (c)(1), was title III of Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1216, which was classified generally to chapter 30 (§ 1201 et seq.) of this title, prior to repeal by Pub. L. 105–220, title II, § 251(a)(1), Aug. 7, 1998, 112 Stat. 1079. For com- plete classification of this Act to the Code, see Tables. The Carl D. Perkins Vocational and Applied Tech- nology Education Act, referred to in subsec. (c)(1), was Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, which was clas- sified generally to this chapter, prior to being amended generally and renamed the Carl D. Perkins Vocational and Technical Education Act of 1998 by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076, and amended gen- erally and renamed the Carl D. Perkins Career and Technical Education Act of 2006 by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683. For complete classi- fication of Pub. L. 88–210 to the Code, see Short Title note set out under section 2301 of this title and Tables. The Job Training Partnership Act, referred to in sub- sec. (c)(1), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, which was classified generally to chapter 19 (§ 1501 et seq.) of Title 29, Labor, and was repealed by Pub. L. 105–220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to former section 2940(b) of Title 29, references to a provision of the Job Training Partnership Act, effective Aug. 7, 1998, were deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998, Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and, effective July 1, 2000, were deemed to refer to the corresponding provi- sion of the Workforce Investment Act of 1998. The Workforce Investment Act of 1998 was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Inno- vation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of the Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Ta- bles. The Rehabilitation Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified principally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Wagner-Peyser Act, referred to in subsec. (c)(1), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classi- fied principally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables. CODIFICATION Section was enacted as part of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990, and not as part of the Carl D. Per- kins Career and Technical Education Act of 2006 which comprises this chapter. Section was formerly classified to section 2303 of this title. PRIOR PROVISIONS Prior sections 2311 to 2313 were omitted in the general amendment of this chapter by Pub. L. 105–332. Section 2311, Pub. L. 88–210, title I, § 101, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2438; amended Pub. L. 99–159, title VII, § 701, Nov. 22, 1985, 99 Stat. 904; Pub. L. 99–357, July 8, 1986, 100 Stat. 761; Pub. L. 101–392, title I, § 101(a), Sept. 25, 1990, 104 Stat. 759, related to al- lotments to States. See section 2321 of this title. Section 2311a, Pub. L. 88–210, title I, § 101A, as added Pub. L. 101–392, title I, § 101(b), Sept. 25, 1990, 104 Stat. 760; amended Pub. L. 103–208, § 3, Dec. 20, 1993, 107 Stat. 2487; Pub. L. 103–382, title III, § 369, Oct. 20, 1994, 108 Stat. 3976, related to grants to the territories. See sec- tion 2325 of this title. Section 2312, Pub. L. 88–210, title I, § 102, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2440; amended Pub. L. 99–159, title VII, § 702, Nov. 22, 1985, 99 Stat. 904; Pub. L. 101–392, title I, § 102, Sept. 25, 1990, 104 Stat. 761; Pub. L. 102–103, title III, § 311(a), Aug. 17, 1991, 105 Stat. 505, related to within State allocations. See section 2322 of this title. Section 2313, Pub. L. 88–210, title I, § 103, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2440; amended Pub. L. 101–392, title I, § 103, Sept. 25, 1990, 104 Stat. 762; Pub. L. 102–103, title III, § 311(b), Aug. 17, 1991, 105 Stat. 505, related to Indian and Hawaiian natives programs. AMENDMENTS 1995—Subsec. (d). Pub. L. 104–66 struck out heading and text of subsec. (d). Text read as follows: ‘‘The Task Force shall, every 2 years, submit a report on its find- ings to the appropriate committees of the Congress.’’ SUBCHAPTER I—CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES PART A—ALLOTMENT AND ALLOCATION § 2321. Reservations and State allotment (a) Reservations and State allotment (1) Reservations From the amount appropriated under sec- tion 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 avail- able to carry out section 2326(b) of this title; and (ii) 0.25 percent of the sum shall be avail- able to carry out section 2326(h) of this title. Page 1063 TITLE 20—EDUCATION § 2321 (2) Foundational grant (A) In general From the remainder of the amount appro- priated 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 an amount equal to the amount the State received in fiscal year 2018. (B) Ratable reduction If for any fiscal year the amount appro- priated for allotments under this section is insufficient to satisfy the provisions of sub- paragraph (A), the payments to all States under such subparagraph shall be ratably re- duced. (3) Additional funds Subject to paragraph (4), from the additional funds remaining from the amount appro- priated under section 2307 of this title and not expended under paragraphs (1) and (2) for a fis- cal 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, in- clusive, in the State in the fiscal year pre- ceding the fiscal year for which the deter- mination 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, in- clusive, in the State in the fiscal year pre- ceding the fiscal year for which the deter- mination 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, in- clusive, in the State in the fiscal year pre- ceding the fiscal year for which the deter- mination is made and the State’s 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 sub- paragraphs (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. (4) Minimum allotment for years with addi- tional funds (A) In general Subject to subparagraph (B), for a fiscal year for which there are additional funds de- scribed in paragraph (3), no State shall re- ceive for such fiscal year under paragraph (3) less than 1/2 of 1 percent of the additional funds available for such fiscal year. Amounts necessary for increasing such pay- ments to States to comply with the pre- ceding 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 min- imum 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 additional funds available for such fiscal year; and (ii) the product of— (I) 1/3 of the additional funds; multi- plied by (II) the quotient of— (aa) the qualifying State’s ratio de- scribed in subparagraph (C) for the fis- cal 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)(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 is al- lotted under paragraph (3) for the fiscal year; divided by (ii) 1/2 of 1 percent of the amount appro- priated under paragraph (3) for the fiscal year for which the determination is made. (D) Definitions In this paragraph, 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 (3) (without the application of this paragraph), an amount that would be less than the amount the State would receive under sub- paragraph (A) for such fiscal year. (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 fis- cal year for carrying out the activities for which such amount has been allotted, the Secretary shall make such amount available for reallot- ment. 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 appro- priated. 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— (A) 0.50; and (B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of the Commonwealth of Puerto Rico and the United States Virgin Islands), except that— Page 1064 TITLE 20—EDUCATION § 2322 (i) the allotment ratio in no case shall be more than 0.60 or less than 0.40; and (ii) the allotment ratio for the Common- wealth of Puerto Rico and the United States Virgin Islands shall be 0.60. (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 deter- mination 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 satis- factory data are available. (3) Definition of per capita income For the purpose of this section, the term ‘‘per capita income’’ means, with respect to a fiscal year, the total personal income in the calendar year ending in such year, divided by the population of the area concerned in such year. (4) Population determination For the purposes of this section, population shall be determined by the Secretary on the basis of the latest estimates available to the Department of Education. (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. (Pub. L. 88–210, title I, § 111, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 691; amend- ed Pub. L. 115–224, title I, § 110, July 31, 2018, 132 Stat. 1576.) Editorial Notes PRIOR PROVISIONS A prior section 2321, Pub. L. 88–210, title I, § 111, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3083; amended Pub. L. 106–246, div. B, title II, § 2403(b), July 13, 2000, 114 Stat. 555, related to reservations and State allotment, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2321, Pub. L. 88–210, title I, § 111, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2441; amended Pub. L. 101–392, title I, § 111, Sept. 25, 1990, 104 Stat. 763; Pub. L. 103–382, title III, § 391(s)(1), Oct. 20, 1994, 108 Stat. 4024, related to State administration, prior to the general amendment of this chapter by Pub. L. 105–332. AMENDMENTS 2018—Pub. L. 115–224 amended section generally. Prior to amendment, section related to reservations and State allotment, reallotment, and allotment ratios. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2322. Within State allocation (a) In general From the amount allotted to each State under section 2321 of this title for a fiscal year, the eli- gible agency shall make available— (1) not less than 85 percent for distribution under section 2351 or 2352 of this title, of which not more than 15 percent of the 85 percent may be used in accordance with subsection (c); (2) not more than 10 percent to carry out State leadership activities described in section 2344 of this title, of which— (A) an amount equal to not more than 2 percent of the amount allotted to the State under section 2321 of this title for the fiscal year shall be made available to serve indi- viduals in State institutions, such as State correctional institutions, juvenile justice fa- cilities, and educational institutions that serve individuals with disabilities; (B) not less than $60,000 and not more than $150,000 shall be available for services that prepare individuals for non-traditional fields; and (C) an amount shall be made available for the recruitment of special populations to en- roll in career and technical education pro- grams, which shall be not less than the less- er of— (i) an amount equal to 0.1 percent; or (ii) $50,000; and (3) an amount equal to not more than 5 per- cent, or $250,000, whichever is greater, for ad- ministration of the State plan, which may be used for the costs of— (A) developing the State plan; (B) reviewing local applications; (C) monitoring and evaluating program ef- fectiveness; (D) assuring compliance with all applica- ble Federal laws; (E) providing technical assistance; and (F) supporting and developing State data systems relevant to the provisions of this chapter. (b) Matching requirement Each eligible agency receiving funds made available under subsection (a)(3) shall match, from non-Federal sources and on a dollar-for- dollar basis, the funds received under subsection (a)(3). (c) Reserve From amounts made available under sub- section (a)(1) to carry out this subsection, an el- igible agency may award grants to eligible re- cipients for career and technical education ac- tivities described in section 2355 of this title— (1) in— (A) rural areas; (B) areas with high percentages of CTE concentrators or CTE participants; (C) areas with high numbers of CTE con- centrators or CTE participants; and (D) areas with disparities or gaps in per- formance as described in section 2323(b)(3)(C)(ii)(II) of this title; and (2) in order to— (A) foster innovation through the identi- fication and promotion of promising and proven career and technical education pro- grams, practices, and strategies, which may include programs, practices, and strategies that prepare individuals for nontraditional fields; or