§730 — Title 29 Labor | U.S. Code

Summary

It decides how much money each State gets each year for vocational rehabilitation programs. For fiscal years before October 1, 1978, a State’s share was figured from its population times the square of its allotment percentage (that percentage multiplied by itself) compared to the same calculation for all States, then applied to the total amount set aside. For fiscal years on or after October 1, 1978, each State gets what it received for the year ending September 30, 1978, plus extra money if more is appropriated. Any extra is split in two halves: one half is divided using population times the square of the allotment percentage, and the other half is divided using population times the allotment percentage. If a State’s payment (not counting Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands) would be less than one-third of one percent of the total amount or less than $3,000,000 (whichever is larger), that State’s payment must be raised to that minimum. The extra needed comes from reducing other States’ shares proportionally, but not below that minimum. The Commissioner must check, at least 45 days before the fiscal year ends, whether a State will not use its money. If a State will not use it, the Commissioner must move that money as soon as possible (but no later than the end of the fiscal year) to other States that can use it that year or the next, if those States can pay the required non‑federal share. Any money moved counts as an increase to the receiving State’s allotment. For fiscal year 2015 and each year after, the Commissioner must hold back a sum for part C equal to at least 1 percent and at most 1.5 percent of the amount (as chosen by the Secretary) for fiscal years 2015 through 2020. Each State must also set aside at least 15 percent of its allotment for pre‑employment transition services, and those set‑aside funds cannot be used for administrative costs.

Title 29, §730

Labor — Source: USLM XML via OLRC

(a)(1)Subject to the provisions of subsections (c) and (d),,11 So in original. 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—

(A)the population of the State; and

(B)the square of its allotment percentage,

(2)(A)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.

(B)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) 22 See References in Text note below. of this title for the fiscal year ending September 30, 1978, in an amount equal to the sum of—

(i)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

(ii)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.

(3)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.

(b)(1)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.

(2)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.

(3)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.

(c)(1)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.

(2)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.

(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.

Notes & Related Subsidiaries

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), Oct. 29, 1992, 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, Aug. 7, 1998, 112 Stat. 1116.

Prior Provisions

A prior section 730, Pub. L. 93–112, title I, § 110, Sept. 26, 1973, 87 Stat. 370; Pub. L. 95–602, title I, §§ 101(c), (d), 122(b)(1), Nov. 6, 1978, 92 Stat. 2956, 2957, 2987; Pub. L. 98–221, title I, § 111(e), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99–506, title I, § 103(c)(2), title II, §§ 206, 207, Oct. 21, 1986, 100 Stat. 1810, 1817, 1818; Pub. L. 102–569, title I, § 131, Oct. 29, 1992, 106 Stat. 4389; Pub. L. 103–73, title I, § 107(e), Aug. 11, 1993, 107 Stat. 723, related to State allotments, prior to the general amendment of this subchapter by Pub. L. 105–220.

Amendments

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.

§730 State allotments