--- kind: "section" citation: "29 U.S.C. § 796e" title: "29" title_heading: "Labor" number: "796e" heading: "Allotments" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/29/796e" units: - "Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services" - "Subchapter VII — Independent Living Services and Centers for Independent Living" - "Part A — Individuals With Significant Disabilities" - "Subpart 2 — independent living services" --- # §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](/usc/29/705.md?p=34) plan 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 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](/usc/29/705.md?p=34) plan. ## Source credit (Pub. L. 93–112, title VII, § 711, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1224; amended Pub. L. 113–128, title IV, § 476(a), July 22, 2014, 128 Stat. 1690.) ## Notes ### Editorial Notes ### 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. ### Prior Provisions A prior section 796e, 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, related to allotments to provide independent living services, prior to the general amendment of this subchapter by Pub. L. 105–220. Another 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). ### Amendments 2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 476(a)(1)(A), (2), substituted “After the reservation required by section 796e–0 of this title is made, and except” for “Except”, inserted “the remainder of the” before “sums appropriated”, and substituted “Administrator” for “Commissioner”. Subsec. (a)(2)(B). Pub. L. 113–128, § 476(a)(1)(B), substituted “remainder described in paragraph (1)(A)” for “amounts made available for purposes of this subpart”. Subsecs. (a)(3) to (c). Pub. L. 113–128, § 476(a)(2), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (d). Pub. L. 113–128, § 476(a)(3), added subsec. (d).