Sec. 419. State allotments
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Section 110 (29 U.S.C. 730) is amended— in subsection (a)(1), by striking Subject to the provisions of subsection
(c)and inserting Subject to the provisions of subsections (c), (d), and (e), and section 303(d) ; and by striking subsections
(b)and
(c)and inserting the following: Not later than 45 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 title, whether any amount from the payment of an allotment to a State under section 111(a) for any fiscal year will not be utilized by such State in carrying out the purposes of this title. As soon as practicable but not later than the end of the fiscal year, the Commissioner shall reallot the amount available under paragraph
(1)to other States, consistent with subparagraphs
(B)and (C), for carrying out the purposes of this title to the extent the Commissioner determines that another State will be able to use an additional amount, during that fiscal year or the subsequent fiscal year for carrying out such purposes. The Commissioner shall reallot a portion of the amount available under paragraph
(1)for a fiscal year to each State whose allotment under subsection
(a)for such fiscal year is less than such State's allotment under subsection
(a)for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection
(a)from the immediately preceding fiscal year. Subject to subclause (II), a State that is eligible to receive a reallotment under clause
(i)shall receive a portion for a fiscal year from the amount available for reallotment under paragraph
(1)that is equal to the difference between— the amount such State was allotted under subsection
(a)for such fiscal year; and the amount such State was allotted under subsection
(a)for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection
(a)from the immediately preceding fiscal year. If the amount available for reallotment under paragraph
(1)is insufficient to provide each State eligible to receive a reallotment under clause
(i)with the portion described in subclause (I), the amount reallotted to each eligible State shall be determined by the Commissioner. If there are funds remaining after each State eligible to receive a reallotment under subparagraph (B)(i) receives the portion described in subparagraph (B)(ii), the Commissioner shall reallot the remaining funds among the States requesting a reallotment. The Commissioner shall reallot an amount to a State under this subsection only if the State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated. For the purposes of this part, any portion made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year. For fiscal year 2012 and for each fiscal year thereafter, the Commissioner shall reserve, from the funds appropriated under section 100(b)(1) for each fiscal year, an amount that is not less than 1.23 percent and not more than 1.5 percent of those funds in order to carry out section 121, provided that the minimum percentage that may be reserved shall increase by 0.01 percent for each succeeding fiscal year after fiscal year 2012. Notwithstanding paragraph (1), there shall be no increase in the minimum percentage of funds reserved under paragraph
(1)unless there is an equivalent increase in the funds appropriated under section 100(b)(1). . Section 110 ( 29 U.S.C. 730 ) is amended by adding at the end the following: From any State allotment under subsection
(a)for a fiscal year, the State shall reserve not less than 10 percent of the allotted funds for the provision of transition services to assist students with disabilities and youth with disabilities in transitioning from education or training to employment, which includes pre-employment transition services under section 114. .
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