--- kind: "section" citation: "29 U.S.C. § 706" title: "29" title_heading: "Labor" number: "706" heading: "Allotment percentage" release: "119-102" url: "https://uscodex.org/usc/29/706" units: - "Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services" --- # §706. Allotment percentage - (a) - (1) For purposes of [section 730 of this title](/usc/29/730.md), the allotment percentage for any [State](/usc/29/705.md?p=34) 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](/usc/29/705.md?p=34) bears to the per capita income of the [United States](#a-3), except that— - (A) the allotment percentage shall in no case be more than 75 per centum or less than 33⅓ per centum; and - (B) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be 75 per centum. - (2) The allotment percentages shall be promulgated by the [Secretary](/usc/29/705.md?p=33) of Education 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](/usc/29/705.md?p=34) and of the [United States](#a-3) for the three most recent consecutive years for which satisfactory data are available from the Department of [Commerce](/usc/29/2001.md?p=1). Such promulgation shall be conclusive for each of the 2 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 50 [States](/usc/29/705.md?p=34) and the District of Columbia. - (b) The population of the several [States](/usc/29/705.md?p=34) 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](/usc/29/2001.md?p=1) by October 1 of the year preceding the fiscal year for which [funds](/usc/29/1301.md?p=a-5) are appropriated pursuant to statutory authorizations. ## Source credit (Pub. L. 93–112, § 8, formerly § 7, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 8, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(a), July 22, 2014, 128 Stat. 1637.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to this section were contained in section 707 of this title prior to repeal by Pub. L. 105–220. A prior section 706, Pub. L. 93–112, § 7, Sept. 26, 1973, 87 Stat. 359; Pub. L. 93–516, title I, § 111(a), Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 111(a), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I, § 122(a)(4)–(8), Nov. 6, 1978, 92 Stat. 2984, 2985; Pub. L. 98–221, title I, § 101, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 103(a), (b), (c)(1), (d)(1), (2)(A), (C), (e)–(h)(1), (i), (j), title X, §§ 1001(a)(3), 1002(a), Oct. 21, 1986, 100 Stat. 1809–1811, 1841, 1844; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–259, § 9, Mar. 22, 1988, 102 Stat. 31; Pub. L. 100–630, title II, § 201(c), Nov. 7, 1988, 102 Stat. 3303; Pub. L. 101–336, title V, § 513, formerly § 512, July 26, 1990, 104 Stat. 376, renumbered § 513, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558; Pub. L. 102–569, title I, § 102(a)–(n), (p)(3), Oct. 29, 1992, 106 Stat. 4347–4350, 4356; Pub. L. 103–73, title I, §§ 102(1), 103, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103–218, title IV, § 404, Mar. 9, 1994, 108 Stat. 97, defined terms for purposes of this chapter, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 705 of this title. A prior section 8 of Pub. L. 93–112 was renumbered section 10 and is classified to section 707 of this title. Another prior section 8 of Pub. L. 93–112 was classified to section 707 of this title prior to repeal by Pub. L. 105–220. ### Amendments 2014—Subsec. (a)(2). Pub. L. 113–128 inserted “of Education” after “Secretary”.