Page 225 TITLE 29—LABOR § 728a

burse any funds withheld from a State under

paragraph (1) to any public or nonprofit private organization or agency within such State

or to any political subdivision of such State

submitting a plan meeting the requirements of

section 721(a) of this title. The Commissioner

may not make any payment under this paragraph unless the entity to which such payment is made has provided assurances to the

Commissioner that such entity will contribute, for purposes of carrying out such plan, the

same amount as the State would have been obligated to contribute if the State received

such payment.

(d) Review

(1) Petition

Any State that is dissatisfied with a final

determination of the Commissioner under section 721(b) of this title or subsection (c) of this

section may file a petition for judicial review

of such determination in the United States

Court of Appeals for the circuit in which the

State is located. Such a petition may be filed

only within the 30-day period beginning on the

date that notice of such final determination

was received by the State. The clerk of the

court shall transmit a copy of the petition to

the Commissioner or to any officer designated

by the Commissioner for that purpose. In accordance with section 2112 of title 28, the Commissioner shall file with the court a record of

the proceeding on which the Commissioner

based the determination being appealed by the

State. Until a record is so filed, the Commissioner may modify or set aside any determination made under such proceedings.

(2) Submissions and determinations

If, in an action under this subsection to review a final determination of the Commissioner under section 721(b) of this title or subsection (c) of this section, the petitioner or

the Commissioner applies to the court for

leave to have additional oral submissions or

written presentations made respecting such

determination, the court may, for good cause

shown, order the Commissioner to provide

within 30 days an additional opportunity to

make such submissions and presentations.

Within such period, the Commissioner may revise any findings of fact, modify or set aside

the determination being reviewed, or make a

new determination by reason of the additional

submissions and presentations, and shall file

such modified or new determination, and any

revised findings of fact, with the return of

such submissions and presentations. The court

shall thereafter review such new or modified

determination.

(3) Standards of review

(A) In general

Upon the filing of a petition under paragraph (1) for judicial review of a determination, the court shall have jurisdiction—

(i) to grant appropriate relief as provided

in chapter 7 of title 5, except for interim

relief with respect to a determination

under subsection (c) of this section; and

(ii) except as otherwise provided in subparagraph (B), to review such determination in accordance with chapter 7 of title 5.

(B) Substantial evidence

Section 706 of title 5 shall apply to the review of any determination under this subsection, except that the standard for review

prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall

hold unlawful and set aside such determination if the court finds that the determination is not supported by substantial evidence

in the record of the proceeding submitted

pursuant to paragraph (1), as supplemented

by any additional submissions and presentations filed under paragraph (2).

(Pub. L. 93–112, title I, §107, as added Pub. L.

102–569, title I, §128(a), Oct. 29, 1992, 106 Stat.

4386.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 726, 796d–1

of this title.

§ 728. Expenditure of certain amounts

(a) Expenditure

Amounts described in subsection (b) of this

section may not be expended by a State for any

purpose other than carrying out programs for

which the State receives financial assistance

under this subchapter, under part C of subchapter VI of this chapter, or under subchapter

VII of this chapter.

(b) Amounts

The amounts referred to in subsection (a) of

this section are amounts provided to a State

under the Social Security Act (42 U.S.C. 301 et

seq.) as reimbursement for the expenditure of

payments received by the State from allotments

under section 730 of this title.

(Pub. L. 93–112, title I, §108, as added Pub. L.

102–569, title I, §129(a), Oct. 29, 1992, 106 Stat.

4389.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which

is classified generally to chapter 7 (§301 et seq.) of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

§ 728a. Training of employers with respect to

Americans with Disabilities Act of 1990

A State may expend payments received under

section 731 of this title—

(1) to carry out a program to train employers with respect to compliance with the requirements of title I of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12111 et seq.);

and

(2) to inform employers of the existence of

the program and the availability of the services of the program.

(Pub. L. 93–112, title I, §109, as added Pub. L.

102–569, title I, §130(a), Oct. 29, 1992, 106 Stat.

4389.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in par. (1), is Pub. L. 101–336, July 26, 1990, 104 Stat.

327, as amended. Title I of the Act is classified gener-
§ 730 TITLE 29—LABOR Page 226

1See References in Text note below.

ally to subchapter I (§12111 et seq.) of chapter 126 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title

note set out under section 12101 of Title 42 and Tables.

PART B—BASIC VOCATIONAL REHABILITATION

SERVICES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 706, 718, 720, 721,

724, 740, 787 of this title.

§ 730. State allotments

(a) Computation; additional amount; minimum

amount; adjustments; additional allotment

(1) Subject to the provisions of subsection (d)

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)(A) 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—

(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, the Northern Mariana Islands, and the

Republic of Palau) under this subsection for any

fiscal year which is less than one-third of 1 percent of the amount appropriated under section

720(b)(1)(A) 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.

(4) For each fiscal year beginning on or after

October 1, 1984, for which any amount is appropriated pursuant to section 720(b)(1)(B) 1 of this

title, each State shall receive an allocation

(from such appropriated amount) in addition to

the allotment to which such State is entitled

under paragraphs (2) and (3) of this subsection.

Such additional allocation shall be an amount

which bears the same ratio to the amount so appropriated as that State’s allotment under paragraphs (2) and (3) of this subsection bears to the

sum of such allotments of all the States.

(5) The Republic of Palau may receive allotments or allocations under this section only

until the Compact of Free Association with

Palau takes effect.

(b) Additional payments; authorization of additional appropriations

(1) If the payment to a State under section

731(a) of this title for a fiscal year is less than

the total payments such State received under

section 2 of the Vocational Rehabilitation Act

for the fiscal year ending June 30, 1973, such

State shall be entitled to an additional payment

(subject to the same terms and conditions applicable to other payments under this part) equal

to the difference between such payment under

section 731(a) of this title and the amount so received by it.

(2) If a State receives as its Federal share

under section 731(a) of this title for any fiscal

year less than the applicable Federal share of

the expenditure of such State for fiscal year 1972

for vocational rehabilitation services under the

plan for such State approved under section 721 of

this title (including any amount expended by

such State for the administration of the State

plan but excluding any amount expended by

such State from non-Federal sources for construction under such plan), such State shall be

entitled to an additional payment for such fiscal

year, subject to the same terms and conditions

applicable to other payments under this part,

equal to the difference between such payment

under section 731(a) of this title and an amount

equal to the applicable Federal share of such expenditure for vocational rehabilitation services.

(3) Any payment attributable to the additional

payment to a State under this subsection shall

be made only from appropriations specifically

made to carry out this subsection, and such additional appropriations are hereby authorized.

(c) Unused funds; redistribution; increase in

amount

(1) Not later than forty-five 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 that such other State will be

able to use such additional amount during that

fiscal year or the subsequent fiscal year for car-