---
kind: "range"
citation: "29 U.S.C. §§ 796e–796e–3"
title: "29"
from: "796e"
to: "796e–3"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/29/796e..796e-3"
---

# §796e. Allotments

- (a) **In general—**
  - (1) **States—**
    - (A) **Population basis—** After the reservation required by [section 796e–0 of this title](/usc/29/796e–0.md) is made, and except as provided in subparagraphs [(B)](#a-1-B) and [(C)](#a-1-C), from the remainder of the sums appropriated for each fiscal year to carry out this subpart, the [Administrator](/usc/29/796a.md?p=1) shall make an allotment to each [State](/usc/29/705.md?p=34) whose [State plan](/usc/29/3102.md?p=58) has been approved under [section 796d–1 of this title](/usc/29/796d–1.md) of an amount bearing the same ratio to such sums as the population of the [State](/usc/29/705.md?p=34) bears to the population of all [States](/usc/29/705.md?p=34).
    - (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)](#a-1-A) to a [State](/usc/29/705.md?p=34) for a fiscal year shall not be less than the amount of an allotment made to the [State](/usc/29/705.md?p=34) 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)](#a-1-B), the allotment to any [State](/usc/29/705.md?p=34) under [subparagraph (A)](#a-1-A) shall be not less than $275,000 or ⅓ 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](/usc/29/705.md?p=34) under this section for any fiscal year that is less than $275,000 or ⅓ 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)](#a-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](/usc/29/705.md?p=34).
    - (B) **Allotment—** Each jurisdiction described in [subparagraph (A)](#a-2-A) shall be allotted under [paragraph (1)(A)](#a-1-A) not less than ⅛ of 1 percent of the remainder described in [paragraph (1)(A)](#a-1-A) 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 [Administrator](/usc/29/796a.md?p=1) shall increase the minimum allotment under [paragraph (1)(C)](#a-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](/usc/29/705.md?p=34) in accordance with [subsection (a)(1)(B)](#a-1-B), to provide minimum allotments to [States](/usc/29/705.md?p=34) (as increased under [subsection (a)(3)](#a-3)) under [subsection (a)(1)(C)](#a-1-C), or to provide minimum allotments to [States](/usc/29/705.md?p=34) under [subsection (a)(2)(B)](#a-2-B), the [Administrator](/usc/29/796a.md?p=1) shall proportionately reduce the allotments of the remaining [States](/usc/29/705.md?p=34) under [subsection (a)(1)(A)](#a-1-A), with such adjustments as may be necessary to prevent the allotment of any such remaining [State](/usc/29/705.md?p=34) from being reduced to less than the amount required by [subsection (a)(1)(B)](#a-1-B).
- (c) **Reallotment—** Whenever the [Administrator](/usc/29/796a.md?p=1) determines that any amount of an allotment to a [State](/usc/29/705.md?p=34) for any fiscal year will not be expended by such [State](/usc/29/705.md?p=34) in carrying out the provisions of this subpart, the [Administrator](/usc/29/796a.md?p=1) shall make such amount available for carrying out the provisions of this subpart to one or more of the [States](/usc/29/705.md?p=34) that the [Administrator](/usc/29/796a.md?p=1) determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a [State](/usc/29/705.md?p=34) 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](/usc/29/705.md?p=34) (as determined under the preceding provisions of this section) for such year.
- (d) **Administration—** [Funds](/usc/29/1301.md?p=a-5) allotted or made available to a [State](/usc/29/705.md?p=34) under this section shall be administered by the designated [State](/usc/29/705.md?p=34) entity, in accordance with the approved [State plan](/usc/29/3102.md?p=58).

# §796e–0. Training and technical assistance

- (a) **Reservation of funds for training and technical assistance—** From the [funds](/usc/29/1301.md?p=a-5) appropriated and made available to carry out this subpart for any fiscal year, beginning with fiscal year 2015, the [Administrator](/usc/29/796a.md?p=1) shall first reserve not less than 1.8 percent and not more than 2 percent of the [funds](/usc/29/1301.md?p=a-5) to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to Statewide Independent Living Councils established under [section 796d of this title](/usc/29/796d.md) for such fiscal year.
- (b) **Survey of Statewide Independent Living Councils—** The [Administrator](/usc/29/796a.md?p=1) shall conduct a survey of such Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
- (c) **Submission of application; peer review—** To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the [Administrator](/usc/29/796a.md?p=1) at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the [Administrator](/usc/29/796a.md?p=1) may require. The [Administrator](/usc/29/796a.md?p=1) shall provide for peer review of applications by panels that include [persons](/usc/29/1301.md?p=a-20) who are not government employees and who have experience in the operation of such Statewide Independent Living Councils.

# §796e–1. Payments to States from allotments

- (a) **Payments—** From the allotment of each [State](/usc/29/705.md?p=34) for a fiscal year under [section 796e of this title](/usc/29/796e.md), the [State](/usc/29/705.md?p=34) shall be paid the [Federal share](/usc/29/705.md?p=14-A) of the expenditures incurred during such year under its [State plan](/usc/29/3102.md?p=58) approved under [section 796d–1 of this title](/usc/29/796d–1.md). 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 [Administrator](/usc/29/796a.md?p=1) may determine.
- (b) **Federal share—**
  - (1) **In general—** The [Federal share](/usc/29/705.md?p=14-A) with respect to any [State](/usc/29/705.md?p=34) for any fiscal year shall be 90 percent of the expenditures incurred by the [State](/usc/29/705.md?p=34) during such year under its [State plan](/usc/29/3102.md?p=58) approved under [section 796d–1 of this title](/usc/29/796d–1.md).
  - (2) **Non-Federal share—** The non-[Federal share](/usc/29/705.md?p=14-A) 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.

# §796e–2. Authorized uses of funds

- (a) **In general—** The [State](/usc/29/705.md?p=34) may use [funds](/usc/29/1301.md?p=a-5) received under this subpart to provide the resources described in [section 796d(e) of this title](/usc/29/796d.md?p=e) (but may not use more than 30 percent of the [funds](/usc/29/1301.md?p=a-5) paid to the [State](/usc/29/705.md?p=34) under [section 796e–1 of this title](/usc/29/796e–1.md) for such resources unless the [State](/usc/29/705.md?p=34) specifies that a greater percentage of the [funds](/usc/29/1301.md?p=a-5) is needed for such resources in a [State plan](/usc/29/3102.md?p=58) approved under [section 796d–1 of this title](/usc/29/796d–1.md)), relating to the Statewide Independent Living Council, may retain [funds](/usc/29/1301.md?p=a-5) under [section 796c(c)(5) of this title](/usc/29/796c.md?p=c-5), and shall distribute the remainder of the [funds](/usc/29/1301.md?p=a-5) received under this subpart in a manner consistent with the approved [State plan](/usc/29/3102.md?p=58) for the activities described in [subsection (b)](#b).
- (b) **Activities—** The [State](/usc/29/705.md?p=34) may use the remainder of the [funds](/usc/29/1301.md?p=a-5) described in [subsection (a)](#a)—
  - (1) to provide [independent living services](/usc/29/705.md?p=18) to [individuals with significant disabilities](/usc/29/705.md?p=21-D), particularly those in unserved areas of the [State](/usc/29/705.md?p=34);
  - (2) to demonstrate ways to expand and improve [independent living services](/usc/29/705.md?p=18);
  - (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](/usc/29/796f–4.md);
  - (4) to support activities to increase the capacities of [public or nonprofit](/usc/29/705.md?p=31) agencies and organizations and other entities to develop comprehensive approaches or systems for providing [independent living services](/usc/29/705.md?p=18);
  - (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](/usc/29/705.md?p=34), and local policymakers in order to enhance [independent living services](/usc/29/705.md?p=18) for [individuals with disabilities](/usc/29/705.md?p=20-G);
  - (6) to train [individuals with disabilities](/usc/29/705.md?p=20-G) and [individuals](/usc/29/705.md?p=22) providing services to [individuals with disabilities](/usc/29/705.md?p=20-G) and other [persons](/usc/29/1301.md?p=a-20) 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.

# §796e–3. Authorization of appropriations


There are authorized to be appropriated to carry out this subpart $22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020.