Title 29 — Labor
Part B · Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 730. State allotments
Statutory text
Computation; additional amount; minimum amount; adjustments
Subject to the provisions of subsections (c) and (d),,1 for each fiscal year beginning before , each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appropriated under section 720(b)(1) of this title for allotment under this section as the product of—
the population of the State; and
the square of its allotment percentage,
bears to the sum of the corresponding products for all the States.
For each fiscal year beginning on or after , each State shall be entitled to an allotment in an amount equal to the amount such State received under paragraph (1) for the fiscal year ending , and an additional amount determined pursuant to subparagraph (B) of this paragraph.
For each fiscal year beginning on or after , each State shall be entitled to an allotment, from any amount authorized to be appropriated for such fiscal year under section 720(b)(1) of this title for allotment under this section in excess of the amount appropriated under section 720(b)(1)(A) 2 of this title for the fiscal year ending , in an amount equal to the sum of—
an amount bearing the same ratio to 50 percent of such excess amount as the product of the population of the State and the square of its allotment percentage bears to the sum of the corresponding products for all the States; and
an amount bearing the same ratio to 50 percent of such excess amount as the product of the population of the State and its allotment percentage bears to the sum of the corresponding products for all the States.
The sum of the payment to any State (other than Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands) under this subsection for any fiscal year which is less than ⅓ of 1 percent of the amount appropriated under section 720(b)(1) of this title, or $3,000,000, whichever is greater, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotment to each of the remaining such States under this subsection, but with such adjustments as may be necessary to prevent the sum of the allotments made under this subsection to any such remaining State from being thereby reduced to less than that amount.
Unused funds; redistribution; increase in amount
Not later than 45 days prior to the end of the fiscal year, the Commissioner shall determine, after reasonable opportunity for the submission to the Commissioner of comments by the State agency administering or supervising the program established under this subchapter, that any payment of an allotment to a State under section 731(a) of this title for any fiscal year will not be utilized by such State in carrying out the purposes of this subchapter.
As soon as practicable but not later than the end of the fiscal year, the Commissioner shall make such amount available for carrying out the purposes of this subchapter to one or more other States to the extent the Commissioner determines such other State will be able to use such additional amount during that fiscal year or the subsequent fiscal year for carrying out such purposes. The Commissioner shall make such amount available only if such other State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated.
For the purposes of this part, any amount made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State’s allotment (as determined under the preceding provisions of this section) for such year.
Funds for American Indian vocational rehabilitation services
For fiscal year 2015 and for each subsequent fiscal year, the Commissioner shall reserve from the amount appropriated under section 720(b)(1) of this title for allotment under this section a sum, determined under paragraph (2), to carry out the purposes of part C.
The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for each of fiscal years 2015 through 2020.
Funds for pre-employment transition services
From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services.
Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rehabilitation Act of 1973
Pub. L. 93–112 title I § 110 · 87 Stat. 355
Enacted · 29 U.S.C. § 730
Pub. L. 93–112, title I, § 110, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160
Source evidence
Code source credit
Pub. L. 93–112, title I, § 110, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160Enacted provision · exact public law section
Sec. 110. state allotments (a) For each fiscal year, each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appropriated under subsection (b)(1) of section 100 for allotment under this section as the product of (1) the population of the State and (2) the square of its allotment percentage bears to the sum of the corresponding products for all the States. The allotment to any State (other than Guam. American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands) under the first sentence of this subsection for any fiscal year which is less than one-quarter of 1 per centum of the amount appropriated under subsection (b)(1) of section 100, or $2,000,000, whichever is greater, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining such States under the first sentence of this subsection, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than that amount. (b) If the payment to a State under section 111(a) for a fiscal year is less than the total payments such State received under section 2 of 79 Stat. 1232. 29 USC 32. the Vocational Rehabilitation Act for the fiscal year ending June 30, 1973, such State shall be entitled to an additional payment (subject to the same terms and conditions applicable to other payments under this part) equal to the difference between such payment under section 111(a) and the amount so received by it. Payments attributable to the additional payment to a State under this subsection shall be made only from appropriations specifically made to carry out this subsection, and such additional appropriations are hereby authorized. (c) Whenever the Secretary determines, after reasonable opportunity for the submission to him of comments by the State agency administering or supervising the program established under this title, that any payment of an allotment to a State under section 111(a) for any fiscal year will not be utilized by such State in carrying out the purposes of this title, he shall make such amount available for carrying out the purposes of this title to one or more other States to the extent he determines such other State will be able to use such additional amount during such year for carrying out such purposes. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this part, be regarded as an increase of such State’s allotment (as determined under the peceding provisions of this section) for such year.Pub. L. 105–277 div. A § 101(f)(tVIII)(s402)(b)(7) · 112 Stat. 2681
Amended · 29 U.S.C. § 730
Pub. L. 105–277 made technical amendment to section designation and catchline in original
Source evidence
Code amendment note
Pub. L. 105–277 made technical amendment to section designation and catchline in original.Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 419(1) · 128 Stat. 1425
Substituted · 29 U.S.C. § 730(a)(1)
Pub. L. 113–128, § 419(1), substituted “Subject to the provisions of subsections (c) and (d),” for “Subject to the provisions of subsection (c)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 113–128, § 419(1), substituted “Subject to the provisions of subsections (c) and (d),” for “Subject to the provisions of subsection (c)” in introductory provisions.Enacted provision · exact public law section
(1) in subsection (a)(1), by striking “Subject to the provisions of subsection (c)” and inserting “Subject to the provisions of subsections (c) and (d),”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 419(2)(A) · 128 Stat. 1425
Substituted · 29 U.S.C. § 730(c)(1)
Pub. L. 113–128, § 419(2)(A), substituted “2015” for “1987”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 113–128, § 419(2)(A), substituted “2015” for “1987”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “1987” and inserting “2015”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 419(2)(B) · 128 Stat. 1425
Substituted · 29 U.S.C. § 730(c)(2)
Pub. L. 113–128, § 419(2)(B), substituted “Secretary,” for “Secretary—”
Substituted · 29 U.S.C. § 730(c)(2)
Pub. L. 113–128, § 419(2)(B), substituted “2015 through 2020” for “2000 through 2003”
Struck · 29 U.S.C. § 730(c)(2)
Pub. L. 113–128, § 419(2)(B), struck out subpar. (B) designation before “not less than 1 percent”
Struck · 29 U.S.C. § 730(c)(2)
Pub. L. 113–128, § 419(2)(B), struck out subpar. (A) which read as follows: “not less than three-quarters of 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for fiscal year 1999; and”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 113–128, § 419(2)(B), substituted “Secretary,” for “Secretary—” and “2015 through 2020” for “2000 through 2003”, struck out subpar. (B) designation before “not less than 1 percent”, and struck out subpar. (A) which read as follows: “not less than three-quarters of 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for fiscal year 1999; and”.Enacted provision · exact public law section
(B) in paragraph (2)— (i) by striking “Secretary” and all that follows through “(B)” and inserting “Secretary,”; and (ii) by striking “2000 through 2003” and inserting “2015 through 2020”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 419(3) · 128 Stat. 1425
Added · 29 U.S.C. § 730(d)
Pub. L. 113–128, § 419(3), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 113–128, § 419(3), added subsec. (d).Enacted provision · exact public law section
(3) by adding at the end the following: “(d) (1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services. “(2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services.” .
9 of 9 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 720(b)(1)(A) of this title, referred to in subsec. (a)(2)(B), means section 720(b)(1)(A) prior to the general amendment of section 720(b) by Pub. L. 102–569, title I, § 121(b)(1), , 106 Stat. 4367, which restated subsec. (b)(1) without a subpar. (A). Section 720 was subsequently omitted, and a new section 720 added, in the general amendment of this subchapter by Pub. L. 105–220, title IV, § 404, , 112 Stat. 1116.
Prior Provisions
A prior section 730, Pub. L. 93–112, title I, § 110, , 87 Stat. 370; Pub. L. 95–602, title I, §§ 101(c), (d), 122(b)(1), , 92 Stat. 2956, 2957, 2987; Pub. L. 98–221, title I, § 111(e), , 98 Stat. 20; Pub. L. 99–506, title I, § 103(c)(2), title II, §§ 206, 207, , 100 Stat. 1810, 1817, 1818; Pub. L. 102–569, title I, § 131, , 106 Stat. 4389; Pub. L. 103–73, title I, § 107(e), , 107 Stat. 723, related to State allotments, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments1998–2014 · 2 rounds
2014
Subsec. (a)(1). Pub. L. 113–128, § 419(1), substituted “Subject to the provisions of subsections (c) and (d),” for “Subject to the provisions of subsection (c)” in introductory provisions.
Subsec. (c)(1). Pub. L. 113–128, § 419(2)(A), substituted “2015” for “1987”.
Subsec. (c)(2). Pub. L. 113–128, § 419(2)(B), substituted “Secretary,” for “Secretary—” and “2015 through 2020” for “2000 through 2003”, struck out subpar. (B) designation before “not less than 1 percent”, and struck out subpar. (A) which read as follows: “not less than three-quarters of 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for fiscal year 1999; and”.
Subsec. (d). Pub. L. 113–128, § 419(3), added subsec. (d).
1998
Pub. L. 105–277 made technical amendment to section designation and catchline in original.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128
Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
Credits
1998–2014 · 3 acts
- 1998Pub. L. 93–112, title I, § 110, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1160
- 1998amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(7)], , 112 Stat. 2681–337, 2681–413
- 2014Pub. L. 113–128, title IV, § 419, , 128 Stat. 1656.
Show as published
(Pub. L. 93–112, title I, § 110, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1160; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(7)], , 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 419, , 128 Stat. 1656.)