29 U.S.C. § 731 — Payments to States

Page 249 TITLE 29—LABOR § 732 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. § 731. Payments to States (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 re- duced 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 pre- vious fiscal year. (C) The Commissioner may waive or modify any requirement or limitation under subpara- graph (B) or section 721(a)(17) of this title if the Commissioner determines that a waiver or modification is an equitable response to excep- tional 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 reha- bilitation facilities in such State is determined pursuant to section 291o(b)(2) of title 42, the per- centage of the cost for purposes of this section shall be determined in accordance with regula- tions prescribed by the Commissioner designed to achieve as nearly as practicable results com- parable to the results obtained under such sec- tion. (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 be- ginning of each calendar quarter or other pe- riod 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 al- lotment available therefor, the amount so es- timated 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 sub- section 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 set- tlement 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. (Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1162; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(8)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–128, title IV, § 420, July 22, 2014, 128 Stat. 1656.) Editorial Notes PRIOR PROVISIONS A prior section 731, Pub. L. 93–112, title I, § 111, Sept. 26, 1973, 87 Stat. 371; Pub. L. 95–602, title I, § 122(b)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 208, title X, § 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub. L. 100–630, title II, § 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–569, title I, § 132, Oct. 29, 1992, 106 Stat. 4390; Pub. L. 103–73, title I, § 107(f), Aug. 11, 1993, 107 Stat. 723, related to payments to States, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 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 ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing 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. § 732. Client assistance program (a) Establishment of grant program From funds appropriated under subsection (h), the Secretary shall, in accordance with this sec- tion, make grants to States to establish and carry out client assistance programs to provide assistance in informing and advising all clients and client applicants of all available benefits under this chapter, including under sections 733 and 794g of this title, and, upon request of such clients or client applicants, to assist and advo- cate for such clients or applicants in their rela- tionships with projects, programs, and services provided under this chapter, including assist- ance and advocacy in pursuing legal, adminis- trative, or other appropriate remedies to ensure the protection of the rights of such individuals under this chapter and to facilitate access to the services funded under this chapter through indi-