
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: 29USC731]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
            Part B--Basic Vocational Rehabilitation Services
 
Sec. 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) For fiscal year 1994 and each fiscal year thereafter, the amount 
otherwise payable to a State for a fiscal year under this section shall 
be reduced by the amount by which expenditures from non-Federal sources 
under the State plan under this subchapter for the previous fiscal year 
are less than the total of such expenditures for the second fiscal year 
preceding the previous fiscal year.
    (C) The Commissioner may waive or modify any requirement or 
limitation under subparagraph (B) or section 721(a)(17) of this title if 
the Commissioner determines that a waiver or modification is an 
equitable response to exceptional 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 rehabilitation facilities 
in such State is determined pursuant to section 291o(b)(2) of title 42, 
the percentage of the cost for purposes of this section shall be 
determined in accordance with regulations prescribed by the Commissioner 
designed to achieve as nearly as practicable results comparable to the 
results obtained under such section.

(b) Method of computation and payment

    The method of computing and paying amounts pursuant to subsection 
(a) of this section shall be as follows:
        (1) The Commissioner shall, prior to the beginning of each 
    calendar quarter or other period 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 allotment available 
    therefor, the amount so estimated 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 subsection 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 settlement by the General Accounting 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, Sec. 111, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1162; amended Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 402(b)(8)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-413.)


                            Prior Provisions

    A prior section 731, Pub. L. 93-112, title I, Sec. 111, Sept. 26, 
1973, 87 Stat. 371; Pub. L. 95-602, title I, Sec. 122(b)(1), Nov. 6, 
1978, 92 Stat. 2987; Pub. L. 99-506, title II, Sec. 208, title X, 
Sec. 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub. L. 100-630, 
title II, Sec. 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102 Stat. 3306; 
Pub. L. 102-569, title I, Sec. 132, Oct. 29, 1992, 106 Stat. 4390; Pub. 
L. 103-73, title I, Sec. 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

    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 705, 728a, 730 of this 
title; title 5 section 8104.
