Title 29 — Labor
Part A · Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 796e. Allotments
Statutory text
In general
States
Population basis
After the reservation required by section 796e–0 of this title is made, and except as provided in subparagraphs (B) and (C), from the remainder of the sums appropriated for each fiscal year to carry out this subpart, the Administrator shall make an allotment to each State whose State plan has been approved under section 796d–1 of this title of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States.
Maintenance of 1992 amounts
Subject to the availability of appropriations to carry out this subpart, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of an allotment made to the State for fiscal year 1992 under part A of this subchapter, as in effect on the day before .
Minimums
Subject to the availability of appropriations to carry out this subpart, and except as provided in subparagraph (B), the allotment to any State under subparagraph (A) shall be not less than $275,000 or ⅓ of 1 percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $275,000 or ⅓ of 1 percent of such sums shall be increased to the greater of the two amounts.
Certain territories
In general
For the purposes of paragraph (1)(C), 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 under paragraph (1)(A) not less than ⅛ of 1 percent of the remainder described in paragraph (1)(A) for the fiscal year for which the allotment is made.
Adjustment for inflation
For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this subpart exceeds the total amount appropriated to carry out this subpart for the preceding fiscal year, the Administrator shall increase the minimum allotment under paragraph (1)(C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this subpart between the preceding fiscal year and the fiscal year involved.
Proportional reduction
To provide allotments to States in accordance with subsection (a)(1)(B), to provide minimum allotments to States (as increased under subsection (a)(3)) under subsection (a)(1)(C), or to provide minimum allotments to States under subsection (a)(2)(B), the Administrator shall proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by subsection (a)(1)(B).
Reallotment
Whenever the Administrator determines that any amount of an allotment to a State for any fiscal year will not be expended by such State in carrying out the provisions of this subpart, the Administrator shall make such amount available for carrying out the provisions of this subpart to one or more of the States that the Administrator 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.
Administration
Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan.
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 VII § 711 · 87 Stat. 355
Enacted · 29 U.S.C. § 796e
Pub. L. 93–112, title VII, § 711, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1224
Source evidence
Code source credit
Pub. L. 93–112, title VII, § 711, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1224Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 476(a)(1)(A) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796e(a)(1)(A)
Pub. L. 113–128, § 476(a)(1)(A), (2), substituted “After the reservation required by section 796e–0 of this title is made, and except” for “Except”
Inserted · 29 U.S.C. § 796e(a)(1)(A)
Pub. L. 113–128, § 476(a)(1)(A), (2), inserted “the remainder of the” before “sums appropriated”
Substituted · 29 U.S.C. § 796e(a)(1)(A)
Pub. L. 113–128, § 476(a)(1)(A), (2), substituted “Administrator” for “Commissioner”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 113–128, § 476(a)(1)(A), (2), substituted “After the reservation required by section 796e–0 of this title is made, and except” for “Except”, inserted “the remainder of the” before “sums appropriated”, and substituted “Administrator” for “Commissioner”.Enacted provision · exact public law section
(A) in paragraph (1)(A)— (i) by striking “Except” and inserting “After the reservation required by section 711A is made, and except”; and (ii) by inserting “the remainder of the” before “sums appropriated”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 476(a)(1)(B) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796e(a)(2)(B)
Pub. L. 113–128, § 476(a)(1)(B), substituted “remainder described in paragraph (1)(A)” for “amounts made available for purposes of this subpart”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 113–128, § 476(a)(1)(B), substituted “remainder described in paragraph (1)(A)” for “amounts made available for purposes of this subpart”.Enacted provision · exact public law section
(B) in paragraph (2)(B), by striking “amounts made available for purposes of this part” and inserting “remainder described in paragraph (1)(A)”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 476(a)(2) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796e(a)(3)(c)
Pub. L. 113–128, § 476(a)(2), substituted “Administrator” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(3) to (c). Pub. L. 113–128, § 476(a)(2), substituted “Administrator” for “Commissioner” wherever appearing.Enacted provision · exact public law section
(2) in subsections (a), (b), and (c), by striking “Commissioner” each place it appears and inserting “Administrator”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 476(a)(3) · 128 Stat. 1425
Added · 29 U.S.C. § 796e(d)
Pub. L. 113–128, § 476(a)(3), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 113–128, § 476(a)(3), added subsec. (d).Enacted provision · exact public law section
(3) by adding at the end the following: “(d) Administration.— Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan.” .
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Part A of this subchapter, as in effect on the day before , referred to in subsec. (a)(1)(B), means former part A (§ 796 et seq.) which was included in the repeal of subchapter VII of this chapter by Pub. L. 102–569, title VII, § 701(1), , 106 Stat. 4443.
Prior Provisions
A prior section 796e, Pub. L. 93–112, title VII, § 711, as added Pub. L. 102–569, title VII, § 701(2), , 106 Stat. 4450; amended Pub. L. 103–73, title I, § 114(e), , 107 Stat. 729, related to allotments to provide independent living services, prior to the general amendment of this subchapter by Pub. L. 105–220.
Another prior section 796e, Pub. L. 93–112, title VII, § 711, as added Pub. L. 95–602, title III, § 301, , 92 Stat. 2998; amended Pub. L. 98–221, title I, § 171, , 98 Stat. 30; Pub. L. 99–506, title I, § 103(d)(2)(C), title VIII, §§ 804(a)(1), (b), (c), 805, , 100 Stat. 1810, 1838, 1839; Pub. L. 100–630, title II, § 208(f), , 102 Stat. 3314, related to establishment and operation of independent living centers, prior to repeal by Pub. L. 102–569, § 701(1).
Amendments
2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 476(a)(1)(A), (2), substituted “After the reservation required by section 796e–0 of this title is made, and except” for “Except”, inserted “the remainder of the” before “sums appropriated”, and substituted “Administrator” for “Commissioner”.
Subsec. (a)(2)(B). Pub. L. 113–128, § 476(a)(1)(B), substituted “remainder described in paragraph (1)(A)” for “amounts made available for purposes of this subpart”.
Subsecs. (a)(3) to (c). Pub. L. 113–128, § 476(a)(2), substituted “Administrator” for “Commissioner” wherever appearing.
Subsec. (d). Pub. L. 113–128, § 476(a)(3), added subsec. (d).
Credits
1998–2014 · 2 acts
- 1998Pub. L. 93–112, title VII, § 711, as added Pub. L. 105–220, title IV, § 410, , 112 Stat. 1224
- 2014amended Pub. L. 113–128, title IV, § 476(a), , 128 Stat. 1690.
Show as published
(Pub. L. 93–112, title VII, § 711, as added Pub. L. 105–220, title IV, § 410, , 112 Stat. 1224; amended Pub. L. 113–128, title IV, § 476(a), , 128 Stat. 1690.)