29 U.S.C. § 706 — Allotment percentage

Page 206 TITLE 29—LABOR § 706 Par. (25). Pub. L. 113–128, § 404(15), added par. (25) and struck out former par. (25) which defined ‘‘local work- force investment board’’. Par. (29). Pub. L. 113–128, § 404(17), redesignated par. (29) as (31). Par. (30). Pub. L. 113–128, § 404(18), added par. (30). Former par. (30) redesignated (32). Pars. (31), (32). Pub. L. 113–128, § 404(17), redesignated pars. (29) and (30) as (31) and (32), respectively. Former pars. (31) and (32) redesignated (33) and (34), respec- tively. Par. (33). Pub. L. 113–128, § 404(19), added par. (33) and struck out former par. (33) which defined ‘‘Secretary’’. Pub. L. 113–128, § 404(17), redesignated par. (31) as (33). Former par. (33) redesignated (35). Par. (34). Pub. L. 113–128, § 404(17), redesignated par. (32) as (34). Former par. (34) redesignated (36). Pars. (35), (36). Pub. L. 113–128, § 404(20), added pars. (35) and (36) and struck out former pars. (35) and (36), which defined ‘‘State workforce investment board’’ and ‘‘statewide workforce investment system’’, respec- tively. Pub. L. 113–128, § 404(17), redesignated pars. (33) and (34) as (35) and (36), respectively. Former pars. (35) and (36) redesignated (38) and (39), respectively. Par. (37). Pub. L. 113–128, § 404(16), (21), added par. (37) and struck out former par. (37) which defined ‘‘transi- tion services’’. Pars. (38), (39). Pub. L. 113–128, § 404(22), added pars. (38) and (39) and struck out former pars. (38) and (39) which defined ‘‘supported employment’’ and ‘‘supported employment services’’, respectively. Pub. L. 113–128, § 404(17), redesignated pars. (35) and (36) as (38) and (39), respectively. Former pars. (38) and (39) redesignated (40) and (41), respectively. Par. (40). Pub. L. 113–128, § 404(17), redesignated par. (38) as (40). Par. (41). Pub. L. 113–128, § 404(23), substituted ‘‘as de- fined in section 3 of the Workforce Innovation and Op- portunity Act’’ for ‘‘as defined in section 101 of the Workforce Investment Act of 1998’’. Pub. L. 113–128, § 404(17), redesignated par. (39) as (41). Par. (42). Pub. L. 113–128, § 404(24), added par. (42). 2010—Par. (21)(A)(iii). Pub. L. 111–256 substituted ‘‘in- tellectual disability,’’ for ‘‘mental retardation,’’. 2008—Par. (9)(B). Pub. L. 110–325, § 7(1), substituted ‘‘the meaning given it in section 12102 of title 42’’ for ‘‘a physical or mental impairment that substantially lim- its one or more major life activities’’. Par. (20)(B). Pub. L. 110–325, § 7(2), substituted ‘‘any person who has a disability as defined in section 12102 of title 42.’’ for ‘‘any person who— ‘‘(i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; ‘‘(ii) has a record of such an impairment; or ‘‘(iii) is regarded as having such an impairment.’’ 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(3)], made technical amendment to section designation and catchline in the original and inserted par. (1) heading. Par. (2)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(A)], substituted ‘‘nature’’ for ‘‘objectives, na- ture,’’. Par. (3). Pub. L. 105–394, § 402(a)(1), which directed the amendment of section 6 of the Rehabilitation Act of 1973 by substituting ‘‘3002’’ for ‘‘2202(2)’’, was executed to this section, which is section 7 of that act, to reflect the probable intent of Congress and the renumbering of section 6 as 7 by Pub. L. 105–277, § 101(f) [title VIII, § 402(a)(1)]. Par. (4). Pub. L. 105–394, § 402(a)(2), which directed the amendment of section 6 of the Rehabilitation Act of 1973 by substituting ‘‘3002’’ for ‘‘2202(3)’’, was executed to this section, which is section 7 of that act, to reflect the probable intent of Congress and the renumbering of section 6 as 7 by Pub. L. 105–277, § 101(f) [title VIII, § 402(a)(1)]. Par. (7). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(B)], struck out heading and text of par. (7). Text read as follows: ‘‘The term ‘criminal act’ means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government, which poses a substantial threat of personal injury, notwithstanding that by rea- son of age, insanity, or intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime.’’ Par. (16)(A)(iii). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(C)], substituted ‘‘eligible individual’’ for ‘‘cli- ent’’. Par. (23). Pub. L. 105–244 substituted ‘‘section 1001 of title 20’’ for ‘‘section 1141(a) of title 20’’. Par. (36)(C). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(D)], substituted ‘‘employment outcome’’ for ‘‘rehabilitation objectives’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–325, § 8, Sept. 25, 2008, 122 Stat. 3559, pro- vided that: ‘‘This Act [enacting sections 12103 and 12205a of Title 42, The Public Health and Welfare, amending this section, former section 706 of this title, and sections 12101, 12102, 12111 to 12114, 12201, and 12206 to 12213 of Title 42, and enacting provisions set out as notes under section 12101 of Title 42] and the amend- ments made by this Act shall become effective on Jan- uary 1, 2009.’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of Title 20, Education. § 706. Allotment percentage (a)(1) For purposes of section 730 of this title, the allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per cap- ita income of such State bears to the per capita income of the United States, except that— (A) the allotment percentage shall in no case be more than 75 per centum or less than 331⁄3 per centum; and (B) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Common- wealth of the Northern Mariana Islands shall be 75 per centum. (2) The allotment percentages shall be promul- gated by the Secretary of Education between October 1 and December 31 of each even-num- bered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such pro- mulgation shall be conclusive for each of the 2 fiscal years in the period beginning on the Octo- ber 1 next succeeding such promulgation. (3) The term ‘‘United States’’ means (but only for purposes of this subsection) the 50 States and the District of Columbia. (b) The population of the several States and of the United States shall be determined on the basis of the most recent data available, to be Page 207 TITLE 29—LABOR § 708 furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations. (Pub. L. 93–112, § 8, formerly § 7, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 8, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(a), July 22, 2014, 128 Stat. 1637.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 707 of this title prior to repeal by Pub. L. 105–220. A prior section 706, Pub. L. 93–112, § 7, Sept. 26, 1973, 87 Stat. 359; Pub. L. 93–516, title I, § 111(a), Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 111(a), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I, § 122(a)(4)–(8), Nov. 6, 1978, 92 Stat. 2984, 2985; Pub. L. 98–221, title I, § 101, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 103(a), (b), (c)(1), (d)(1), (2)(A), (C), (e)–(h)(1), (i), (j), title X, §§ 1001(a)(3), 1002(a), Oct. 21, 1986, 100 Stat. 1809–1811, 1841, 1844; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–259, § 9, Mar. 22, 1988, 102 Stat. 31; Pub. L. 100–630, title II, § 201(c), Nov. 7, 1988, 102 Stat. 3303; Pub. L. 101–336, title V, § 513, formerly § 512, July 26, 1990, 104 Stat. 376, renumbered § 513, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558; Pub. L. 102–569, title I, § 102(a)–(n), (p)(3), Oct. 29, 1992, 106 Stat. 4347–4350, 4356; Pub. L. 103–73, title I, §§ 102(1), 103, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103–218, title IV, § 404, Mar. 9, 1994, 108 Stat. 97, defined terms for purposes of this chapter, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 705 of this title. A prior section 8 of Pub. L. 93–112 was renumbered section 10 and is classified to section 707 of this title. Another prior section 8 of Pub. L. 93–112 was classi- fied to section 707 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–128 inserted ‘‘of Edu- cation’’ after ‘‘Secretary’’. § 707. Nonduplication In determining the amount of any State’s Fed- eral share of expenditures for planning, adminis- tration, and services incurred by it under a State plan approved in accordance with section 721 of this title, there shall be disregarded— (1) any portion of such expenditures which are financed by Federal funds provided under any other provision of law; and (2) the amount of any non-Federal funds re- quired to be expended as a condition of receipt of such Federal funds. No payment may be made from funds provided under one provision of this chapter relating to any cost with respect to which any payment is made under any other provision of this chapter, except that this section shall not be construed to limit or reduce fees for services rendered by community rehabilitation programs. (Pub. L. 93–112, § 10, formerly § 8, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 10 and amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (c)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–415.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 709 of this title prior to repeal by Pub. L. 105–220. A prior section 707, Pub. L. 93–112, § 8, Sept. 26, 1973, 87 Stat. 362; Pub. L. 94–273, § 10, Apr. 21, 1976, 90 Stat. 378; Pub. L. 102–569, title I, § 103, Oct. 29, 1992, 106 Stat. 4361, related to allotment percentage, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 706 of this title. A prior section 10 of Pub. L. 93–112 was renumbered section 12 and is classified to section 709 of this title. Another prior section 10 of Pub. L. 93–112 was classi- fied to section 709 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(2)], substituted a dash for a colon after ‘‘disregarded’’ and amended text to set out cls. (1) and (2) as indented pars. and last sentence as flush provision. § 708. Application of other laws (a) The provisions of chapter 71 of title 31 and of title V of the Act of October 15, 1977 (Public Law 95–134) shall not apply to the administra- tion of the provisions of this chapter or to the administration of any program or activity under this chapter. (b) Section 501 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3341] shall apply, as specified in that section, to amendments to this chapter that were made by the Workforce Innovation and Opportunity Act. (Pub. L. 93–112, § 11, formerly § 9, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 11, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(b), July 22, 2014, 128 Stat. 1637.) Editorial Notes REFERENCES IN TEXT Act of October 15, 1977, referred to in subsec. (a), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. Title V of the Act enacted section 4368b of Title 42, The Public Health and Welfare, and section 1469a of Title 48, Terri- tories and Insular Possessions. For complete classifica- tion of this Act to the Code, see Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (b), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. CODIFICATION ‘‘Chapter 71 of title 31’’ substituted in text for ‘‘the Act of December 5, 1974 (Public Law 93–510) on author- ity of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. PRIOR PROVISIONS Provisions similar to this section were contained in section 710 of this title prior to repeal by Pub. L. 105–220. A prior section 708, Pub. L. 93–112, § 9, Sept. 26, 1973, 87 Stat. 362, related to audit and examination of