20 U.S.C. § 2311
Section 2311 · Allotment
Amended 4 times on record
(1) In each fiscal year, of the amounts remaining from amounts made available under section 2302(a) of this title after providing amounts for the programs described in subsections (b)(2), (d), and (f) of section 2302 of this title, the Secretary shall reserve—
(A) 2.5 percent for the activities described in subchapter IV of this chapter (other than parts D1 and E);
(B) 1.5 percent for the purpose of carrying out section 2313 of this title, of which—
(i) 1.25 percent shall be for the purpose of carrying out section 2313(b) of this title; and
(ii) .25 percent shall be for the purpose of carrying out section 2313(c) of this title; and
(C) .2 percent for the purpose of carrying out section 2311a of this title.
(2) Subject to the provisions of paragraph (3), from the remainder of the sums appropriated pursuant to section 2302(a) and (b) of this title, the Secretary shall allot to each State for each fiscal year—
(A) an amount which bears the same ratio to 50 percent of the sums being allotted as the product of the population aged fifteen to nineteen 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 which bears the same ratio to 20 percent of the sums being allotted as the product of the population aged twenty to twenty-four, 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 which bears the same ratio to 15 percent of the sums being allotted as the product of the population aged twenty-five to sixty-five, 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
(D) an amount which bears the same ratio to 15 percent of the sums being allotted as the amounts allotted to the State under clauses (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under clauses (A), (B), and (C) for such year.
(3)(A)(i) Notwithstanding any other provision of law and subject to clause (ii), for any fiscal year for programs authorized by subchapter II of this chapter or part B of subchapter III of this chapter, no State shall receive less than the payments made to the State for each such program for fiscal year 1985 under Public Laws 98 619 and 99 88. 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, but no such amount shall be reduced to an amount which is less than the amount a State received under the Act1 for each such program for fiscal year 1985.
(ii) If for any fiscal year the amount appropriated for programs authorized by subchapter II of this chapter or part B of subchapter III of this chapter and available for allotment under this section is insufficient to satisfy the provisions of clause (i), the payments to all States for each such program shall be ratably reduced as necessary.
(B)(i) Notwithstanding any other provision of law and subject to subparagraphs (A), (C), and (D) and clause (ii), for any fiscal year for which the amounts appropriated for programs authorized by subchapter II of this chapter or part A, B, C, or D of subchapter III of this chapter (and available for allotment under this section) exceed the amounts so available for fiscal year 1985, no State shall receive less than one-half of one percent of the amount available for each such program for that fiscal year under this subsection. 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.
(ii) Due to the application of the provisions of clause (i), for any fiscal year, no State shall receive more than 150 percent of the payments made to the State for each program authorized by subchapter II of this chapter, or part A, B, C, D, or E2 of subchapter III of this chapter for the preceding fiscal year.
(C) In the case of the Virgin Islands, the minimum allotment for all programs under this chapter shall not be less than $200,000.
(D)(i) Subject to clause (iii), no State shall, by reason of subparagraph (B), be allotted 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) 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.
(iii) Notwithstanding the provisions of clauses (i) and (ii), no State shall be allotted an amount under this section in any fiscal year that is less than the amount such State is allotted in the fiscal year 1991.
If the Secretary determines that any amount of any State's allotment under subsection (a) of this section for any fiscal year will not be required for such fiscal year for carrying out the program 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 they 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 its allotment for the year in which it is obligated.
(1) 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 Puerto Rico and the Virgin Islands), except that (i) the allotment ratio in no case shall be more than 0.60 or less than 0.40 and (ii) the allotment ratio for Puerto Rico and the Virgin Islands shall be 0.60.
(2) 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 three most recent consecutive fiscal years for which satisfactory data are available.
(3) 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) For the purposes of this section, population shall be determined by the Secretary on the basis of the latest estimates available to the Department.
For the purpose of this section, the term “State” means any 1 of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the Virgin Islands.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Part D of subchapter IV of this chapter, referred to in subsec. (a)(1)(A), was repealed by Pub. L. 101 392, title IV, §411(a), Sept. 25, 1990, 104 Stat. 829, effective Oct. 1, 1991.
Public Laws 98 619 and 99 88, referred to in subsec. (a)(3)(A)(i), are Pub. L. 98 619, Nov. 8, 1984, 98 Stat. 3305, known as the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act, 1985, and Pub. L. 99 88, Aug. 15, 1985, 99 Stat. 293, known as the Supplemental Appropriations Act, 1985. For complete classification of these Acts to the Code, see Tables.
The Act, referred to in subsec. (a)(3)(A)(i), probably means Pub. L. 98 619 and Pub. L. 99 88. See note above.
Amendments
1990—Subsec. (a)(1). Pub. L. 101 392, §101(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “From the sums appropriated pursuant to section 2302(a) of this title, the Secretary shall reserve—
“(A) 2 percent for the activities described in subchapter IV of this chapter (other than part E); and
“(B) 11/2 percent for the purpose of carrying out section 2313 of this title of which (i) 11/4 percent shall be for the purposes of section 2313(b) of this title and (ii) 1/4 percent shall be for the purposes of section 2313(c) of this title.”
Subsec. (a)(3)(B)(i). Pub. L. 101 392, §101(a)(1)(B)(i)(I), substituted “subparagraphs (A), (C), and (D)” for “subparagraph (A)”.
Pub. L. 101 392, §101(a)(1)(B)(i)(II), which directed substitution of “or (D)” for “(D), or (E)” each place it appears, was executed by substituting “or D” for “D, or E” before “of subchapter III”, the only place it appeared in cl. (i) to reflect the probable intent of Congress.
Subsec. (a)(3)(C). Pub. L. 101 392, §101(a)(1)(B)(ii), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “In the case of the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the minimum allotment for all programs under the Act shall be $200,000.”
Subsec. (a)(3)(D). Pub. L. 101 392, §101(a)(1)(B)(iii), added subpar. (D).
Subsec. (c)(1)(B). Pub. L. 101 392, §101(a)(2), substituted “and the Virgin Islands” for “, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands” in two places.
Subsec. (d). Pub. L. 101 392, §101(a)(3), added subsec. (d).
1986—Subsec. (a)(3). Pub. L. 99 357, amended par. (3) generally. Prior to amendment, par. (3) read as follows:
“(3)(A) No State shall receive in any fiscal year less than the total amount of payments made to the State under allotments determined under the Vocational Education Act of 1963 for fiscal year 1984. Any amounts necessary for increasing the sum of the allotments of certain States to comply with the preceding sentence shall be obtained by ratably reducing the sums of the allotments of the other States, but no such sum shall be thereby reduced to an amount which is less than the total amount of payments made to the State under allotments determined under that Act for fiscal year 1984.
“(B) In any fiscal year in which the amounts appropriated and available for allotments under this section exceeds the amounts so available for fiscal year 1984, and subject to the application of subparagraph (A), no State shall receive less than one-half of one percent of the amount available under this subsection for each such fiscal year except that in the case of the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands the minimum allotment shall be $200,000.
“(C) No State shall, by reason of the application of the provisions of subparagraph (B) of this paragraph, be allotted more than 150 percent of the allotment of that State in the fiscal year preceding the fiscal year for which the determination is made.”
1985—Subsec. (a)(3)(D). Pub. L. 99 159 struck out subpar. (D) which read as follows: “For the purpose of this paragraph, the term ‘State’ does not include the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.”
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 392 effective July 1, 1991, see section 702(a) of Pub. L. 101 392, set out as a note under section 2301 of this title.
Effective Date of 1985 Amendment
Section 714 of title VII of Pub. L. 99 159 provided that:
“(a) The provisions of this title [amending this section, sections 2312, 2322, 2323, 2333, 2361, 2362, 2363, 2383, 2392, 2417, 2462, 2464, and 2471 of this title, and sections 1503 and 1753 of Title 29, Labor, and amending provisions set out as a note under section 2301 of this title] shall take effect July 1, 1985.
“(b) The amendment made by section 703(c)(2) of this Act [amending section 2322 of this title] shall not apply to funds appropriated before the date of the enactment of this Act [Nov. 22, 1985].”