Page 193 TITLE 29—LABOR § 709

to reflect the probable intent of Congress. Former par.

(11) redesignated (12).

Pars. (12) to (15). Pub. L. 95–602, §122(a)(8), redesignated former pars. (11) to (14) as (12) to (15), respectively.

1974—Par. (6). Pub. L. 93–516 expanded definition of

handicapped individual to include for the purposes of

subchapters IV and V of this chapter any person who

has a physical or mental impairment which substantially limits one or more of such person’s major life activities, has a record of such as impairment, or is regarded as having such an impairment.

Pub. L. 93–651 made identical amendment as made by

Pub. L. 93–516.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 103(c)(1) of Pub. L. 99–506 provided that the

amendment made by that section is effective Oct. 1,

1988.

EXCLUSION FROM COVERAGE

Amendment by Pub. L. 100–259 not to be construed to

extend application of this chapter to ultimate beneficiaries of Federal financial assistance excluded from

coverage before Mar. 22, 1988, see section 7 of Pub. L.

100–259, set out as a Construction note under section

1687 of Title 20, Education.

ABORTION NEUTRALITY

Amendment by Pub. L. 100–259 not to be construed to

force or require any individual or hospital or any other

institution, program, or activity receiving Federal

funds to perform or pay for an abortion, see section 8

of Pub. L. 100–259, set out as a note under section 1688

of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 722, 725, 794, 795,

795g, 796b, 796d, 796f–4, 796k, 797a, 1503, 1583, 2211 of this

title; title 42 sections 1769h, 5061, 6862, 12511.

§ 707. Allotment percentage

(a) Percentage limitation; promulgation and

computation; ‘‘United States’’ defined

(1) For purposes of section 730 of this title, the

allotment percentage for any State shall be 100

per centum less that percentage which bears the

same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (A) the

allotment percentage shall in no case be more

than 75 per centum or less than 331

⁄3 per centum,

and (B) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Republic

of Palau (until the Compact of Free Association

with Palau takes effect) shall be 75 per centum.

(2) The allotment percentages shall be promulgated by the Secretary between October 1 and

December 31 of each even-numbered year, on the

basis of the average of the per capita incomes of

the States and of the United States for the three

most recent consecutive years for which satisfactory data are available from the Department

of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning on the October 1 next succeeding

such promulgation.

(3) The term ‘‘United States’’ means (but only

for purposes of this subsection) the fifty States

and the District of Columbia.

(b) Population determination

The population of the several States and of

the United States shall be determined on the

basis of the most recent data available, to be

furnished by the Department of Commerce by

October 1 of the year preceding the fiscal year

for which funds are appropriated pursuant to

statutory authorizations.

(Pub. L. 93–112, §8, Sept. 26, 1973, 87 Stat. 362;

Pub. L. 94–273, §10, Apr. 21, 1976, 90 Stat. 378;

Pub. L. 102–569, title I, §103, Oct. 29, 1992, 106

Stat. 4361.)

REFERENCES IN TEXT

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

(a)(1), 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

Prior similar provisions were contained in former

section 41 of this title.

AMENDMENTS

1992—Subsec. (a)(1). Pub. L. 102–569 substituted ‘‘For

purposes of section 730 of this title, the’’ for ‘‘The’’ and

‘‘and the Republic of Palau (until the Compact of Free

Association with Palau takes effect)’’ for ‘‘and the

Trust Territory of the Pacific Islands’’.

1976—Subsec. (a)(2). Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’ wherever appearing, and ‘‘December

31’’ for ‘‘September 30’’.

§ 708. Repealed. Pub. L. 103–382, title II, § 272,

Oct. 20, 1994, 108 Stat. 3931

Section, Pub. L. 93–112, §9, Sept. 26, 1973, 87 Stat. 362,

related to audit and examination of records, scope of

disclosure, and access to representatives.

§ 709. Nonduplication prohibition

In determining the amount of any State’s Federal share of expenditures for planning, administration, and services incurred by it under a

State plan approved in accordance with section

721 of this title, there shall be disregarded (1)

any portion of such expenditures which are financed by Federal funds provided under any

other provision of law, and (2) the amount of any

non-Federal funds required to be expended as a

condition of receipt of such Federal funds. No

payment may be made from funds provided

under one provision of this chapter relating to

any cost with respect to which any payment is

made under any other provision of this chapter,

except that this section shall not be construed

to limit or reduce fees for services rendered by

community rehabilitation programs.

(Pub. L. 93–112, §10, Sept. 26, 1973, 87 Stat. 363;

Pub. L. 95–602, title I, §122(a)(9), Nov. 6, 1978, 92

Stat. 2985; Pub. L. 100–630, title II, §201(d), Nov.

7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I,

§104, Oct. 29, 1992, 106 Stat. 4361.)

PRIOR PROVISIONS

Prior similar provisions were contained in former

sections 33 and 42–1 of this title.

AMENDMENTS

1992—Pub. L. 102–569 substituted ‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’ in

second sentence.

1988—Pub. L. 100–630 inserted comma after ‘‘any other

provision of this chapter’’.

1978—Pub. L. 95–602 provided that this section not be

construed to limit or reduce fees for services rendered

by rehabilitation facilities.