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Title 29 — Labor

Part B · Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services

§ 731. Payments to States

Statutory text

(a)

Amount

(1)

Except as provided in paragraph (2), from each State’s allotment under this part for any fiscal year, the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under section 721 of this title, including expenditures for the administration of the State plan.

(2)
(A)

The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) of section 730 of this title for such year.

(B)

The amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this subchapter for any previous fiscal year are less than the total of such expenditures for the second fiscal year preceding that previous fiscal year.

(C)

The Commissioner may waive or modify any requirement or limitation under subparagraph (B) or section 721(a)(17) of this title if the Commissioner determines that a waiver or modification is an equitable response to exceptional or uncontrollable circumstances affecting the State.

(3)
(A)

Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilities (as defined in section 291o(g) of title 42), in such State.

(B)

If the Federal share with respect to rehabilitation facilities in such State is determined pursuant to section 291o(b)(2) of title 42, the percentage of the cost for purposes of this section shall be determined in accordance with regulations prescribed by the Commissioner designed to achieve as nearly as practicable results comparable to the results obtained under such section.

(b)

Method of computation and payment

The method of computing and paying amounts pursuant to subsection (a) shall be as follows:

(1)

The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by the Commissioner, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation as the Commissioner may find necessary.

(2)

The Commissioner shall pay, from the allotment available therefor, the amount so estimated by the Commissioner for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which the Commissioner finds that the estimate of the amount to be paid the State for any prior period under such subsection was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or settlement by the Government Accountability Office, shall be made through the disbursing facilities of the Treasury Department, and shall be made in such installments as the Commissioner may determine.

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.

  1. Rehabilitation Act of 1973

    Pub. L. 93–112 title I § 111 · 87 Stat. 355

    Enacted · 29 U.S.C. § 731

    Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1162

    Source evidence

    Code source credit
    Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1162

    Enacted provision · exact public law section
    Sec. 111. payments to states (a) From each State’s allotment under this part for any fiscal year (including any additional payment to it under section 110 (b)), the Secretary shall pay to such State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for such State approved under section 101, including expenditures for the administration of the State plan, except that the total of such payments to such State for such fiscal year may not exceed its allotment under subsection (a) (and its additional payment under subsection (b), if any) of section 110 for such year and such payments shall not be made in an amount which would result in a violation of the provisions of the State plan required by clause. (17) of section 101(a), and except that the amount otherwise payable to such State for such year under this section shall be reduced by the amount (if any) by which expenditures from non-Federal sources during such year under this title are less than expenditures under the State plan for the fiscal year ending June 30, 1972, under the Vocational Rehabilitation Act. (b) The method of computing and paying amounts pursuant to subsection 68 Stat. 652. 29 USC 31 note. (a) shall be as follows: (1) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Secretary may find necessary. (2) The Secretary shall pay, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid the State, for any prior period under such subsection was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or settlement by the General Accounting Office, shall be made through the disbursing facilities of the Treasury Department, and shall be made in such installments as the Secretary may determine.

  2. Pub. L. 105–277 div. A § 101(f)(tVIII)(s402)(b)(8) · 112 Stat. 2681

    Amended · 29 U.S.C. § 731

    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.

  3. GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 29 U.S.C. § 731(b)(2)

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

  4. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title IV § 420 · 128 Stat. 1425

    1. Substituted · 29 U.S.C. § 731(a)(2)(B)

      Pub. L. 113–128 substituted “The” for “For fiscal year 1994 and each fiscal year thereafter, the”

    2. Substituted · 29 U.S.C. § 731(a)(2)(B)

      Pub. L. 113–128 substituted “this subchapter for any previous” for “this subchapter for the previous”

    3. Substituted · 29 U.S.C. § 731(a)(2)(B)

      Pub. L. 113–128 substituted “year preceding that previous” for “year preceding the previous”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 113–128 substituted “The” for “For fiscal year 1994 and each fiscal year thereafter, the”, “this subchapter for any previous” for “this subchapter for the previous”, and “year preceding that previous” for “year preceding the previous”.

    Enacted provision · exact public law section
    SEC. 420. PAYMENTS TO STATES.   Section 111(a)(2)(B) (29 U.S.C. 731(a)(2)(B)) is amended— (1) by striking “For fiscal year 1994 and each fiscal year thereafter, the” and inserting “The”; (2) by striking “this title for the previous” and inserting “this title for any previous”; and (3) by striking “year preceding the previous” and inserting “year preceding that previous”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 731, Pub. L. 93–112, title I, § 111, , 87 Stat. 371; Pub. L. 95–602, title I, § 122(b)(1), , 92 Stat. 2987; Pub. L. 99–506, title II, § 208, title X, § 1001(b)(6), , 100 Stat. 1818, 1842; Pub. L. 100–630, title II, § 202(e)(1), (2)(A), (3), , 102 Stat. 3306; Pub. L. 102–569, title I, § 132, , 106 Stat. 4390; Pub. L. 103–73, title I, § 107(f), , 107 Stat. 723, related to payments to States, prior to the general amendment of this subchapter by Pub. L. 105–220.

Amendments1998–2014 · 3 rounds

2014

Subsec. (a)(2)(B). Pub. L. 113–128 substituted “The” for “For fiscal year 1994 and each fiscal year thereafter, the”, “this subchapter for any previous” for “this subchapter for the previous”, and “year preceding that previous” for “year preceding the previous”.

2004

Subsec. (b)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

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 · 4 acts
  1. 1998Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1162
  2. 1998amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(8)], , 112 Stat. 2681–337, 2681–413
  3. 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
  4. 2014Pub. L. 113–128, title IV, § 420, , 128 Stat. 1656.
Show as published

(Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1162; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(8)], , 112 Stat. 2681–337, 2681–413; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 113–128, title IV, § 420, , 128 Stat. 1656.)

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