
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC796e]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
SUBCHAPTER VII--INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT 
                                 LIVING
 
            Part A--Individuals With Significant Disabilities
 
                 subpart 2--independent living services
 
Sec. 796e. Allotments


(a) In general

                             (1) States

        (A) Population basis

            Except as provided in subparagraphs (B) and (C), from sums 
        appropriated for each fiscal year to carry out this subpart, the 
        Commissioner shall make an allotment to each State whose State 
        plan has been approved under section 796d-1 of this title of an 
        amount bearing the same ratio to such sums as the population of 
        the State bears to the population of all States.

        (B) Maintenance of 1992 amounts

            Subject to the availability of appropriations to carry out 
        this subpart, the amount of any allotment made under 
        subparagraph (A) to a State for a fiscal year shall not be less 
        than the amount of an allotment made to the State for fiscal 
        year 1992 under part A of this subchapter, as in effect on the 
        day before October 29, 1992.

        (C) Minimums

            Subject to the availability of appropriations to carry out 
        this subpart, and except as provided in subparagraph (B), the 
        allotment to any State under subparagraph (A) shall be not less 
        than $275,000 or \1/3\ of 1 percent of the sums made available 
        for the fiscal year for which the allotment is made, whichever 
        is greater, and the allotment of any State under this section 
        for any fiscal year that is less than $275,000 or \1/3\ of 1 
        percent of such sums shall be increased to the greater of the 
        two amounts.

                       (2) Certain territories

        (A) In general

            For the purposes of paragraph (1)(C), Guam, American Samoa, 
        the United States Virgin Islands, and the Commonwealth of the 
        Northern Mariana Islands shall not be considered to be States.

        (B) Allotment

            Each jurisdiction described in subparagraph (A) shall be 
        allotted under paragraph (1)(A) not less than \1/8\ of 1 percent 
        of the amounts made available for purposes of this subpart for 
        the fiscal year for which the allotment is made.

                    (3) Adjustment for inflation

        For any fiscal year, beginning in fiscal year 1999, in which the 
    total amount appropriated to carry out this subpart exceeds the 
    total amount appropriated to carry out this subpart for the 
    preceding fiscal year, the Commissioner shall increase the minimum 
    allotment under paragraph (1)(C) by a percentage that shall not 
    exceed the percentage increase in the total amount appropriated to 
    carry out this subpart between the preceding fiscal year and the 
    fiscal year involved.

(b) Proportional reduction

    To provide allotments to States in accordance with subsection 
(a)(1)(B) of this section, to provide minimum allotments to States (as 
increased under subsection (a)(3) of this section) under subsection 
(a)(1)(C) of this section, or to provide minimum allotments to States 
under subsection (a)(2)(B) of this section, the Commissioner shall 
proportionately reduce the allotments of the remaining States under 
subsection (a)(1)(A) of this section, with such adjustments as may be 
necessary to prevent the allotment of any such remaining State from 
being reduced to less than the amount required by subsection (a)(1)(B) 
of this section.

(c) Reallotment

    Whenever the Commissioner determines that any amount of an allotment 
to a State for any fiscal year will not be expended by such State in 
carrying out the provisions of this subpart, the Commissioner shall make 
such amount available for carrying out the provisions of this subpart to 
one or more of the States that the Commissioner determines will be able 
to use additional amounts during such year for carrying out such 
provisions. Any amount made available to a State for any fiscal year 
pursuant to the preceding sentence shall, for the purposes of this 
section, be regarded as an increase in the allotment of the State (as 
determined under the preceding provisions of this section) for such 
year.

(Pub. L. 93-112, title VII, Sec. 711, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1224.)

                       References in Text

    Part A of this subchapter, as in effect on the day before October 
29, 1992, referred to in subsec. (a)(1)(B), means former part A 
(Sec. 796 et seq.) which was included in the repeal of subchapter VII of 
this chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29, 1992, 
106 Stat. 4443.


                            Prior Provisions

    A prior section 796e, Pub. L. 93-112, title VII, Sec. 711, as added 
Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 4450; 
amended Pub. L. 103-73, title I, Sec. 114(e), Aug. 11, 1993, 107 Stat. 
729, related to allotments to provide independent living services, prior 
to the general amendment of this subchapter by Pub. L. 105-220.
    Another prior section 796e, Pub. L. 93-112, title VII, Sec. 711, as 
added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 2998; 
amended Pub. L. 98-221, title I, Sec. 171, Feb. 22, 1984, 98 Stat. 30; 
Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title VIII, Secs. 804(a)(1), 
(b), (c), 805, Oct. 21, 1986, 100 Stat. 1810, 1838, 1839; Pub. L. 100-
630, title II, Sec. 208(f), Nov. 7, 1988, 102 Stat. 3314, related to 
establishment and operation of independent living centers, prior to 
repeal by Pub. L. 102-569, Sec. 701(1).

                  Section Referred to in Other Sections

    This section is referred to in section 796e-1 of this title.
