29 U.S.C. § 730 — State allotments

Page 247 TITLE 29—LABOR § 730 1 So in original. ment for the expenditure of payments received by the State from allotments under section 730 of this title. (Pub. L. 93–112, title I, § 108, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 417(b), July 22, 2014, 128 Stat. 1655.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 728, Pub. L. 93–112, title I, § 108, as added Pub. L. 102–569, title I, § 129(a), Oct. 29, 1992, 106 Stat. 4389, related to expenditure of certain amounts, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘under subchapter VI’’ for ‘‘under part B of subchapter VI’’. 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. § 728a. Training and services for employers A State may expend payments received under section 731 of this title to educate and provide services to employers who have hired or are in- terested in hiring individuals with disabilities under programs carried out under this sub- chapter, including— (1) providing training and technical assist- ance to employers regarding the employment of individuals with disabilities, including dis- ability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other employment-re- lated laws; (2) working with employers to— (A) provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre- employment transition services; (B) recruit qualified applicants who are in- dividuals with disabilities; (C) train employees who are individuals with disabilities; and (D) promote awareness of disability-re- lated obstacles to continued employment; (3) providing consultation, technical assist- ance, and support to employers on workplace accommodations, assistive technology, and fa- cilities and workplace access through collabo- ration with community partners and employ- ers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this subchapter, or who are ap- plicants for such services; and (4) assisting employers with utilizing avail- able financial support for hiring or accommo- dating individuals with disabilities. (Pub. L. 93–112, title I, § 109, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 418, July 22, 2014, 128 Stat. 1655.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in par. (1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. PRIOR PROVISIONS A prior section 728a, Pub. L. 93–112, title I, § 109, as added Pub. L. 102–569, title I, § 130(a), Oct. 29, 1992, 106 Stat. 4389, related to training of employers with respect to Americans with Disabilities Act of 1990, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128 amended section generally. Prior to amendment, text read as follows: ‘‘A State may ex- pend payments received under section 731 of this title— ‘‘(1) to carry out a program to train employers with respect to compliance with the requirements of title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and ‘‘(2) to inform employers of the existence of the pro- gram and the availability of the services of the pro- gram.’’ 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. PART B—BASIC VOCATIONAL REHABILITATION SERVICES § 730. State allotments (a) Computation; additional amount; minimum amount; adjustments (1) 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 appro- priated under section 720(b)(1) of this title for al- lotment under this section as the product of— (A) the population of the State; and (B) the square of its allotment percentage, bears to the sum of the corresponding products for all the States. (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. Page 248 TITLE 29—LABOR § 730 2 See References in Text note below. (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) 2 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 allot- ment percentage bears to the sum of the cor- responding 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 1⁄3 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 sub- section, but with such adjustments as may be necessary to prevent the sum of the allotments made under this subsection to any such remain- ing State from being thereby reduced to less than that amount. (b) Unused funds; redistribution; increase in amount (1) Not later than 45 days prior to the end of the fiscal year, the Commissioner shall deter- mine, after reasonable opportunity for the sub- mission 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 car- rying 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 Commis- sioner 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 rehabili- tation services under the State plan for the fis- cal 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 deter- mined under the preceding provisions of this section) for such year. (c) Funds for American Indian vocational reha- bilitation services (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) Funds for pre-employment transition services (1) From any State allotment under sub- section (a) for a fiscal year, the State shall re- serve not less than 15 percent of the allotted funds for the provision of pre-employment tran- sition services. (2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services. (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.) 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 al- lotments, prior to the general amendment of this sub- chapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 419(1), sub- stituted ‘‘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) designa- tion 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. 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-