29 U.S.C. § 730 — State allotments
submitted 28 years ago by Pub. L. 93-112 to r/title-29-LABOR · 815 words · no verdicts yet
This section sets each State’s vocational-rehabilitation allotment using population and allotment percentages, adds later-year amounts, guarantees minimum amounts for most States, redistributes unused money, and reserves funds for American Indian services and pre-employment transition services.
(a) Computation and adjustments. (1) Subject to (c) and (d), for each fiscal year beginning before October 1, 1978, a State’s allotment bears to the amount authorized under section 720(b)(1) the same ratio as the product of the State’s population and the square of its allotment percentage bears to the sum of those products for all States. (2)(A) For fiscal years beginning on or after October 1, 1978, each State receives the amount it received under paragraph (1) for the year ending September 30, 1978, plus the amount in (B). (B) From the excess over the amount appropriated for fiscal year 1978, each State receives its share of 50 percent of the excess based on population times the square of its allotment percentage, plus its share of the other 50 percent based on population times its allotment percentage; each share uses the corresponding sum for all States as denominator. (3) For States other than Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands, if the amount is less than one-third of 1 percent of the section 720(b)(1) appropriation or $3,000,000, whichever is greater, it is increased to that amount. The increases come from proportional reductions to the other States, adjusted so no remaining State falls below that amount. (b) Unused funds. (1) At least 45 days before a fiscal year ends, after giving the State agency a reasonable chance to comment, the Commissioner must decide whether a State will use its section 731(a) allotment payment for that year. (2) As soon as practicable and no later than the fiscal year’s end, the Commissioner must make unused money available to other States able to use it that year or the next. A recipient State must be able to provide enough nonfederal money for its State plan’s nonfederal share. (3) Money made available under this subsection counts as an increase in the recipient State’s allotment. (c) American Indian* services. For fiscal year 2015 and later, the Commissioner must reserve from the section 720(b)(1) amount a sum for part C. For fiscal years 2015 through 2020, the Secretary sets that sum at not less than 1 percent and not more than 1.5 percent of the amount. (d) Pre-employment transition. A State must reserve at least 15 percent of its subsection (a) allotment for pre-employment transition services. The reserved money may not pay their administrative costs*.
Subject to the provisions of subsections (c) and (d),,1 for each fiscal year beginning before October 1, 1978, 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 October 1, 1978, 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 September 30, 1978, and an additional amount determined pursuant to subparagraph (B) of this paragraph.
For each fiscal year beginning on or after October 1, 1978, 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 September 30, 1978, 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.
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.
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.
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.
Source credit: (Pub. L. 93–112, title I, § 110, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(7)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 419, July 22, 2014, 128 Stat. 1656.)
- 1998Enacted · Pub. L. 93-112 · 112 Stat. 1160
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
- 2014Amended · Pub. L. 113-128 · 128 Stat. 1656
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-112 on 1998-08-07.
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