
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC730]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
            Part B--Basic Vocational Rehabilitation Services
 
Sec. 730. State allotments


(a) Computation; additional amount; minimum amount; adjustments

    (1) Subject to the provisions of subsection (c) of this section, 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,

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.
    (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) \1\ of this title for the fiscal 
year ending September 30, 1978, in an amount equal to the sum of--
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    \1\ See References in Text note below.
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        (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 
\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 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) Unused funds; redistribution; increase in amount

    (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) Funds for American Indian vocational rehabilitation services

    (1) For fiscal year 1987 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 of 
this subchapter.
    (2) The sum referred to in paragraph (1) shall be, as determined by 
the Secretary--
        (A) 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
        (B) 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 2000 
    through 2003.

(Pub. L. 93-112, title I, Sec. 110, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 402(b)(7)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-413.)

                       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, Sec. 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, Sec. 404, Aug. 7, 1998, 112 Stat. 1116.


                            Prior Provisions

    A prior section 730, Pub. L. 93-112, title I, Sec. 110, Sept. 26, 
1973, 87 Stat. 370; Pub. L. 95-602, title I, Secs. 101(c), (d), 
122(b)(1), Nov. 6, 1978, 92 Stat. 2956, 2957, 2987; Pub. L. 98-221, 
title I, Sec. 111(e), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99-506, title 
I, Sec. 103(c)(2), title II, Secs. 206, 207, Oct. 21, 1986, 100 Stat. 
1810, 1817, 1818; Pub. L. 102-569, title I, Sec. 131, Oct. 29, 1992, 106 
Stat. 4389; Pub. L. 103-73, title I, Sec. 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

    1998--Pub. L. 105-277 made technical amendment to section 
designation and catchline in original.

                  Section Referred to in Other Sections

    This section is referred to in sections 706, 721, 725, 728, 731, 
741, 795m, 796d of this title; title 42 section 1396n.
