Title 29 — Labor
Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 795h. Allotments
Statutory text
In general
States
The Secretary shall allot the sums appropriated for each fiscal year to carry out this subchapter among the States on the basis of relative population of each State, except that—
no State shall receive less than $250,000, or ⅓ of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and
if the sums appropriated to carry out this subchapter for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out part B of this subchapter (as in effect on ) in fiscal year 1992, no State shall receive less than $300,000, or ⅓ of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater.
Certain territories
In general
For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States.
Allotment
Each jurisdiction described in subparagraph (A) shall be allotted not less than ⅛ of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made.
Reallotment
Whenever the Commissioner determines that any amount of an allotment to a State under subsection (a) for any fiscal year will not be expended by such State for carrying out the provisions of this subchapter, the Commissioner shall make such amount available for carrying out the provisions of this subchapter to 1 or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year.
Limitations on administrative costs
A State that receives an allotment under this subchapter shall not use more than 2.5 percent of such allotment to pay for administrative costs.
Services for youth with the most significant disabilities
A State that receives an allotment under this subchapter shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.
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 VI § 603 · 87 Stat. 355
Enacted · 29 U.S.C. § 795h
Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214
Source evidence
Code source credit
Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214Pub. L. 105–277 div. A § 101(f)(tVIII)(s402)(b)(13) · 112 Stat. 2681
Amended · 29 U.S.C. § 795h
Pub. L. 105–277 made technical amendment in original to section designation and catchline
Source evidence
Code amendment note
Pub. L. 105–277 made technical amendment in original to section designation and catchline.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 § 461(5)(A)(i)(I) · 128 Stat. 1425
Substituted · 29 U.S.C. § 795h(a)(1)
Pub. L. 113–128, § 461(5)(A)(i)(I), substituted “subchapter” for “part” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 113–128, § 461(5)(A)(i)(I), substituted “subchapter” for “part” in introductory provisions.Enacted provision · exact public law section
(I) in the matter preceding subparagraph (A), by striking “part” and inserting “title”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 461(5)(A)(i)(II) · 128 Stat. 1425
Inserted · 29 U.S.C. § 795h(a)(1)(A)
Pub. L. 113–128, § 461(5)(A)(i)(II), inserted “amount” after “whichever”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 113–128, § 461(5)(A)(i)(II), inserted “amount” after “whichever”.Enacted provision · exact public law section
(II) in subparagraph (A), by inserting “amount” after “whichever”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 461(5)(A)(i)(III) · 128 Stat. 1425
Substituted · 29 U.S.C. § 795h(a)(1)(B)
Pub. L. 113–128, § 461(5)(A)(i)(III), substituted “subchapter for the fiscal year” for “part for the fiscal year”
Substituted · 29 U.S.C. § 795h(a)(1)(B)
Pub. L. 113–128, § 461(5)(A)(i)(III), substituted “part B of this subchapter (as in effect on September 30, 1992) in fiscal year 1992” for “this part in fiscal year 1992”
Inserted · 29 U.S.C. § 795h(a)(1)(B)
Pub. L. 113–128, § 461(5)(A)(i)(III), inserted “amount” after “whichever”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 113–128, § 461(5)(A)(i)(III), substituted “subchapter for the fiscal year” for “part for the fiscal year” and “part B of this subchapter (as in effect on September 30, 1992) in fiscal year 1992” for “this part in fiscal year 1992” and inserted “amount” after “whichever”.Enacted provision · exact public law section
(III) in subparagraph (B)— (aa) by striking “part for the fiscal year” and inserting “title for the fiscal year”; (bb) by striking “this part in fiscal year 1992” and inserting “part B of this title (as in effect on September 30, 1992) in fiscal year 1992”; and (cc) by inserting “amount” after “whichever”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 461(5)(A)(ii) · 128 Stat. 1425
Substituted · 29 U.S.C. § 795h(a)(2)(B)
Pub. L. 113–128, § 461(5)(A)(ii), substituted “⅛ of 1 percent” for “one-eighth of one percent”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 113–128, § 461(5)(A)(ii), substituted “⅛ of 1 percent” for “one-eighth of one percent”.Enacted provision · exact public law section
(ii) in paragraph (2)(B), by striking “one-eighth of one percent” and inserting “⅛ of 1 percent”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 461(5)(B) · 128 Stat. 1425
Inserted · 29 U.S.C. § 795h(b)
Pub. L. 113–128, § 461(5)(B), inserted “under subsection (a)” after “allotment to a State”
Substituted · 29 U.S.C. § 795h(b)
Pub. L. 113–128, § 461(5)(B), substituted “subchapter” for “part” in two places
Substituted · 29 U.S.C. § 795h(b)
Pub. L. 113–128, § 461(5)(B), substituted “1 or more” for “one or more”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–128, § 461(5)(B), inserted “under subsection (a)” after “allotment to a State”, substituted “subchapter” for “part” in two places, and substituted “1 or more” for “one or more”.Enacted provision · exact public law section
(B) in subsection (b)— (i) by inserting “under subsection (a)” after “allotment to a State”; (ii) by striking “part” each place the term appears and inserting “title”; and (iii) by striking “one or more” and inserting “1 or more”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 461(5)(C) · 128 Stat. 1425
Added · 29 U.S.C. § 795h(c); 29 U.S.C. § 795h(d)
Pub. L. 113–128, § 461(5)(C), added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 113–128, § 461(5)(C), added subsecs. (c) and (d).Enacted provision · exact public law section
(C) by adding at the end the following: “(c) Limitations on Administrative Costs.— A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs. “(d) Services for Youth With the Most Significant Disabilities.— A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.” ;
11 of 12 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Part B of this subchapter (as in effect on ), referred to in subsec. (a)(1)(B), consisted of sections 795g to 795i and related to projects with industry and business opportunities for individuals with handicaps.
Prior Provisions
Provisions similar to this section were contained in section 795k of this title prior to the general amendment of this subchapter by Pub. L. 105–220.
A prior section 795h, Pub. L. 93–112, title VI, § 622, as added Pub. L. 95–602, title II, § 201, , 92 Stat. 2994, and amended, which related to business opportunities for individuals with disabilities and promulgation of regulations, was renumbered section 641 of Pub. L. 93–112, by Pub. L. 102–569, title VI, § 612(a)(2), (3), , 106 Stat. 4438, and transferred to section 795r of this title, 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, § 461(5)(A)(i)(I), substituted “subchapter” for “part” in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 113–128, § 461(5)(A)(i)(II), inserted “amount” after “whichever”.
Subsec. (a)(1)(B). Pub. L. 113–128, § 461(5)(A)(i)(III), substituted “subchapter for the fiscal year” for “part for the fiscal year” and “part B of this subchapter (as in effect on ) in fiscal year 1992” for “this part in fiscal year 1992” and inserted “amount” after “whichever”.
Subsec. (a)(2)(B). Pub. L. 113–128, § 461(5)(A)(ii), substituted “⅛ of 1 percent” for “one-eighth of one percent”.
Subsec. (b). Pub. L. 113–128, § 461(5)(B), inserted “under subsection (a)” after “allotment to a State”, substituted “subchapter” for “part” in two places, and substituted “1 or more” for “one or more”.
Subsecs. (c), (d). Pub. L. 113–128, § 461(5)(C), added subsecs. (c) and (d).
1998
Pub. L. 105–277 made technical amendment in original to section designation and catchline.
Credits
1998–2014 · 3 acts
- 1998Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, , 112 Stat. 1214
- 1998amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(13)], , 112 Stat. 2681–337, 2681–414
- 2014renumbered § 603 and amended Pub. L. 113–128, title IV, § 461(3), (5), , 128 Stat. 1679.
Show as published
(Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, , 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(13)], , 112 Stat. 2681–337, 2681–414; renumbered § 603 and amended Pub. L. 113–128, title IV, § 461(3), (5), , 128 Stat. 1679.)