Page 311 TITLE 29—LABOR § 796e–1

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)(C) by such percentage change in the Consumer Price Index

For All Urban Consumers.

(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, §711, as added Pub. L.

102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat.

4450; amended Pub. L. 103–73, title I, §114(e), Aug.

11, 1993, 107 Stat. 729.)

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 (§796 et seq.) which was included

in the repeal of subchapter VII of this chapter by Pub.

L. 102–569, title VII, §701(1), Oct. 29, 1992, 106 Stat. 4443.

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.

PRIOR PROVISIONS

A prior section 796e, Pub. L. 93–112, title VII, §711, as

added Pub. L. 95–602, title III, §301, Nov. 6, 1978, 92 Stat.

2998; amended Pub. L. 98–221, title I, §171, Feb. 22, 1984,

98 Stat. 30; Pub. L. 99–506, title I, §103(d)(2)(C), title

VIII, §§804(a)(1), (b), (c), 805, Oct. 21, 1986, 100 Stat. 1810,

1838, 1839; Pub. L. 100–630, title II, §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, §701(1). See section 796f et seq. of this title.

AMENDMENTS

1993—Subsec. (a)(2)(A). Pub. L. 103–73, §114(e)(1)(A)(i),

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

Subsec. (a)(2)(B). Pub. L. 103–73, §114(e)(1)(A)(ii), substituted ‘‘allotted under paragraph (1)(A)’’ for ‘‘allotted’’.

Subsec. (a)(3). Pub. L. 103–73, §114(e)(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)(C), the amount $275,000 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, §114(e)(2), added subsec. (b)

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

Text read as follows: ‘‘Subject to subsection (a)(1)(B) of

this section, amounts necessary to provide allotments

to States in accordance with subsection (a)(1)(B) of this

section, or in accordance with subsection (a)(1)(C) of

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

section, or to provide allotments under 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 $275,000 or one-third

of one percent of the sums made available for purposes

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 796e–1 of this

title.

§ 796e–1. Payments to States from allotments

(a) Payments

From the allotment of each State for a fiscal

year under section 796e of this title, the State

shall be paid the Federal share of the expenditures incurred during such year under its State

plan approved under section 796d–1 of this title.

Such payments may be made (after necessary

adjustments on account of previously made

overpayments or underpayments) in advance or

by way of reimbursement, and in such installments and on such conditions as the Commissioner may determine.

(b) Federal share

(1) In general

The Federal share with respect to any State

for any fiscal year shall be 90 percent of the

expenditures incurred by the State during

such year under its State plan approved under

section 796d–1 of this title.

(2) Non-Federal share

The non-Federal share of the cost of any

project that receives assistance through an allotment under this subpart may be provided in

cash or in kind, fairly evaluated, including

plant, equipment, or services.

(Pub. L. 93–112, title VII, §712, as added Pub. L.

102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat.

4451; amended Pub. L. 103–73, title I, §114(f), Aug.

11, 1993, 107 Stat. 730.)

AMENDMENTS

1993—Subsec. (b)(3). Pub. L. 103–73 struck out heading

and text of par. (3). Text read as follows: ‘‘For the purpose of determining the Federal share with respect to

any State, expenditures by a political subdivision of
§ 796e–2 TITLE 29—LABOR Page 312

such State shall, subject to regulations prescribed by

the Commissioner, be regarded as expenditures by such

State.’’

§ 796e–2. Authorized uses of funds

The State may use funds received under this

subpart to provide the resources described in

section 796d(e) of this title, relating to the

Statewide Independent Living Council, and may

use funds received under this subpart—

(1) to provide independent living services to

individuals with severe disabilities;

(2) to demonstrate ways to expand and improve independent living services;

(3) to support the operation of centers for

independent living that are in compliance

with the standards and assurances set forth in

subsections (b) and (c) of section 796f–4 of this

title;

(4) to support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing independent living services;

(5) to conduct studies and analyses, gather

information, develop model policies and procedures, and present information, approaches,

strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent

living services for individuals with disabilities;

(6) to train individuals with disabilities and

individuals providing services to individuals

with disabilities and other persons regarding

the independent living philosophy; and

(7) to provide outreach to populations that

are unserved or underserved by programs

under this subchapter, including minority

groups and urban and rural populations.

(Pub. L. 93–112, title VII, §713, as added Pub. L.

102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat.

4451; amended Pub. L. 103–73, title I, §114(g),

Aug. 11, 1993, 107 Stat. 730.)

AMENDMENTS

1993—Par. (3). Pub. L. 103–73 inserted ‘‘that are in

compliance with the standards and assurances set forth

in subsections (b) and (c) of section 796f–4 of this title’’

after ‘‘living’’.

§ 796e–3. Authorization of appropriations

There are authorized to be appropriated to

carry out this subpart such sums as may be necessary for each of the fiscal years 1993, 1994, 1995,

1996, and 1997.

(Pub. L. 93–112, title VII, §714, as added Pub. L.

102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat.

4452.)

SUBPART 3—CENTERS FOR INDEPENDENT LIVING

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 718, 796c, 796d–1

of this title.

§ 796f. Program authorization

(a) In general

From the funds appropriated for fiscal year

1994 and for each subsequent fiscal year to carry

out this subpart, the Commissioner shall allot

such sums as may be necessary to States and

other entities in accordance with subsections (b)

through (d) of this section.

(b) Training

(1) Grants; contracts; other arrangements

For any fiscal year in which the funds appropriated to carry out this subpart exceed the

funds appropriated to carry out this subpart

for fiscal year 1993, the Commissioner shall

first reserve from such excess, to provide

training and technical assistance to eligible

agencies, centers for independent living, and

Statewide Independent Living Councils for

such fiscal year, not less than 1.8 percent, and

not more than 2 percent, of the funds appropriated to carry out this subpart for the fiscal

year involved.

(2) Allocation

From the funds reserved under paragraph (1),

the Commissioner shall make grants to, and

enter into contracts and other arrangements

with, entities who have experience in the operation of centers for independent living to provide such training and technical assistance

with respect to planning, developing, conducting, administering, and evaluating centers for

independent living.

(3) Funding priorities

The Commissioner shall conduct a survey of

Statewide Independent Living Councils and

centers for independent living regarding training and technical assistance needs in order to

determine funding priorities for such grants,

contracts, and other arrangements.

(4) Review

To be eligible to receive a grant or enter

into a contract or other arrangement under

this subsection, such an entity shall submit an

application to the Commissioner at such time,

in such manner, and containing a proposal to

provide such training and technical assistance, and containing such additional information as the Commissioner may require. The

Commissioner shall provide for peer review of

grant applications by panels that include persons who are not government employees and

who have experience in the operation of centers for independent living.

(5) Prohibition on combined funds

No funds reserved by the Commissioner

under this subsection may be combined with

funds appropriated under any other Act or

part of this chapter if the purpose of combining funds is to make a single discretionary

grant or a single discretionary payment, unless such funds appropriated under this part

are separately identified in such grant or payment and are used for the purposes of this

part.

(c) In general

(1) States

(A) Population basis

After the reservation required by subsection (b) of this section has been made,

and except as provided in subparagraphs (B)