§ 744 TITLE 29—LABOR Page 234

(B) improve the working relationships between State vocational rehabilitation agencies, and other State agencies, centers for

independent living, community rehabilitation programs, educational agencies involved in higher education, adult basic education, and continuing education, and businesses, industry, and labor organizations, in

order to create and facilitate cooperation

in—

(i) planning and implementing services;

and

(ii) the development of an integrated

system of community-based vocational rehabilitation service that includes appropriate transitions between service systems; and

(C) improve the ability of professionals,

clients, advocates, business, industry, and

labor to work in cooperative partnerships to

improve the quality of vocational rehabilitation services and job and career opportunities for individuals with disabilities;

(9) support efforts to ensure that the annual

evaluation of the effectiveness of the program

in meeting the goals and objectives set forth

in the State plan, including the system for

evaluating the performance of rehabilitation

counselors, coordinators, and other personnel

used in the State, facilitates and does not impede the accomplishment of the purpose and

policy of this subchapter, including serving,

among others, individuals with the most severe disabilities;

(10) support the initiation, expansion, and

improvement of a comprehensive system of

personnel development;

(11) support the provision of training and

technical assistance to clients, business, industry, labor, community rehabilitation programs, and others regarding the implementation of the amendments made by the Rehabilitation Act Amendments of 1992, of subchapter

V of this chapter, and of the Americans with

Disabilities Act of 1990 [42 U.S.C. 12101 et seq.];

and

(12) support the funding of the State Rehabilitation Advisory Council and the Statewide

Independent Living Council established under

section 796d of this title.

(Pub. L. 93–112, title I, §123, as added Pub. L.

102–569, title I, §134(a), Oct. 29, 1992, 106 Stat.

4393.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in pars. (1), (4)(A), and (11), is Pub. L. 101–336, July

26, 1990, 104 Stat. 327, as amended, which is classified

generally to chapter 126 (§12101 et seq.) of Title 42, The

Public Health and Welfare. Title I of the Act is classified generally to subchapter I (12111 et seq.) of chapter

126 of Title 42. For complete classification of this Act

to the Code, see Short Title note set out under section

12101 of Title 42 and Tables.

The Rehabilitation Act Amendments of 1992, referred

to in par. (11), is Pub. L. 102–569, Oct. 29, 1992, 106 Stat.

4344. For complete classification of this Act to the

Code, see Short Title of 1992 Amendment note set out

under section 701 of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 721 of this title.

§ 744. Allotments among States

(a) In general

(1) States

(A) Population basis

Except as provided in subparagraph (B),

from sums appropriated for each fiscal year

to carry out this part (not including sums

used in accordance with section 721(a)(34)(B)

of this title), the Commissioner shall make

an allotment to each State whose State plan

has been approved under section 721 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) Minimums

Subject to the availability of appropriations to carry out this part, the allotment to

any State under subparagraph (A) shall be

not less than $200,000 or one-third of one 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 $200,000 or one-third of

one 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)(B),

Guam, American Samoa, the United States

Virgin Islands, the Commonwealth of the

Northern Mariana Islands, and the Republic

of Palau 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 one-eighth of one percent of the amounts made available for purposes of this part for the fiscal year for

which the allotment is made, except that

the Republic of Palau may receive such allotment under this section only until the

Compact of Free Association with Palau

takes effect.

(3) Adjustment for inflation

For any fiscal year, beginning in fiscal year

1994, in which the total amount appropriated

to carry out this part exceeds the total

amount appropriated to carry out this part for

the preceding fiscal year by a percentage

greater than the most recent percentage

change in the Consumer Price Index For All

Urban Consumers published by the Secretary

of Labor under section 720(c)(1) of this title,

the Commissioner shall increase the minimum

allotment under paragraph (1)(B) by such percentage change in the Consumer Price Index

For All Urban Consumers.

(b) Proportional reduction

To provide minimum allotments to States (as

increased under subsection (a)(3) of this section)

under subsection (a)(1)(B) of this section, or to

provide minimum allotments to States under

subsection (a)(2)(B) of this section, the Commissioner shall proportionately reduce the allot-
Page 235 TITLE 29—LABOR § 750

ments 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 minimum allotment for a State (as

increased under subsection (a)(3) of this section)

under subsection (a)(1)(B) of this section, or the

minimum allotment for a State under subsection (a)(2)(B) of this section, as appropriate.

(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

for carrying out the provisions of this part, the

Commissioner shall make such amount available for carrying out the purposes of this part 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 I, §124, as added Pub. L.

102–569, title I, §134(a), Oct. 29, 1992, 106 Stat.

4395; amended Pub. L. 103–73, title I, §107(h),

Aug. 11, 1993, 107 Stat. 723.)

REFERENCES IN TEXT

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec.

(a)(2)(B), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777,

set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

AMENDMENTS

1993—Subsec. (a)(2)(A). Pub. L. 103–73, §107(h)(1)(A)(i),

substituted ‘‘paragraph (1)(B)’’ for ‘‘this subsection’’.

Subsec. (a)(2)(B). Pub. L. 103–73, §107(h)(1)(A)(ii), substituted ‘‘allotted under paragraph (1)(A)’’ for ‘‘allotted’’.

Subsec. (a)(3). Pub. L. 103–73, §107(h)(1)(B), added par.

(3) and struck out heading and text of former par. (3).

Text read as follows: ‘‘For purposes of determining the

minimum amount of an allotment under paragraph

(1)(B), the amount $200,000 shall, in the case of such allotments for fiscal year 1994 and subsequent fiscal

years, be increased to the extent necessary to offset the

effects of inflation occurring since October 1992, as

measured by the percentage increase in the Consumer

Price Index For All Urban Consumers (U.S. city average) during the period ending on April 1 of the fiscal

year preceding the fiscal year for which the allotment

is to be made.’’

Subsec. (b). Pub. L. 103–73, §107(h)(2), added subsec. (b)

and struck out heading and text of former subsec. (b).

Text read as follows: ‘‘Amounts necessary to provide

allotments to States in accordance with subsection

(a)(1)(B) of this section as increased under subsection

(a)(3) of this section, or to provide allotments in accordance with subsection (a)(2)(B) of this section, shall

be derived by proportionately reducing the allotments

of the remaining States under subsection (a)(1) of this

section, but with such adjustments as may be necessary to prevent the allotment of any such remaining

States from being thereby reduced to less than the

greater of $200,000 or one-third of one percent of the

sums made available for purposes of this part for the

fiscal year for which the allotment is made, as increased in accordance with subsection (a)(3) of this section.’’

PART D—AMERICAN INDIAN VOCATIONAL

REHABILITATION SERVICES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 724, 725, 730 of this

title.

§ 750. Vocational rehabilitation services grants

(a) Governing bodies of Indian tribes; amount;

non-Federal share

The Commissioner, in accordance with the

provisions of this part, may make grants to the

governing bodies of Indian tribes located on Federal and State reservations (and consortia of

such governing bodies) to pay 90 percent of the

costs of vocational rehabilitation services for

American Indians who are individuals with disabilities residing on such reservations. The nonFederal share of such costs may be in cash or in

kind, fairly valued, and the Commissioner may

waive such non-Federal share requirement in

order to carry out the purposes of this chapter.

(b) Application; effective period; continuation of

programs and services; separate service delivery systems

(1) No grant may be made under this part for

any fiscal year unless an application therefor

has been submitted to and approved by the Commissioner. The Commissioner may not approve

an application unless the application—

(A) is made at such time, in such manner,

and contains such information as the Commissioner may require;

(B) contains assurances that the rehabilitation services provided under this part to

American Indians who are individuals with

disabilities residing on a reservation in a

State shall be, to the maximum extent feasible, comparable to rehabilitation services

provided under this subchapter to other individuals with disabilities residing in the State

and that, where appropriate, may include services traditionally used by Indian tribes; and

(C) contains assurances that the application

was developed in consultation with the designated State unit of the State.

(2) The provisions of sections 450c, 450d, 450e,

and 450f(a) of title 25 shall be applicable to any

application submitted under this part. For purposes of this paragraph, any reference in any

such provision to the Secretary of Education or

to the Secretary of the Interior shall be considered to be a reference to the Commissioner.

(3) Any application approved under this part

shall be effective for not less than twelve

months or more than 36 months, except as determined otherwise by the Commissioner pursuant

to prescribed regulations. The State shall continue to provide vocational rehabilitation services under its State plan to American Indians

residing on a reservation whenever such State

includes any such American Indians in its State

population under section 730(a)(1) of this title.

(4) In making grants under this part, the Secretary shall give priority consideration to applications for the continuation of programs which

have been funded under this part.

(5) Nothing in this section may be construed

to authorize a separate service delivery system