
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC732]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
            Part B--Basic Vocational Rehabilitation Services
 
Sec. 732. Client assistance program


(a) Establishment of grant program

    From funds appropriated under subsection (h) of this section, the 
Secretary shall, in accordance with this section, make grants to States 
to establish and carry out client assistance programs to provide 
assistance in informing and advising all clients and client applicants 
of all available benefits under this chapter, and, upon request of such 
clients or client applicants, to assist and advocate for such clients or 
applicants in their relationships with projects, programs, and services 
provided under this chapter, including assistance and advocacy in 
pursuing legal, administrative, or other appropriate remedies to ensure 
the protection of the rights of such individuals under this chapter and 
to facilitate access to the services funded under this chapter through 
individual and systemic advocacy. The client assistance program shall 
provide information on the available services and benefits under this 
chapter and title I of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12111 et seq.) to individuals with disabilities in the State, 
especially with regard to individuals with disabilities who have 
traditionally been unserved or underserved by vocational rehabilitation 
programs. In providing assistance and advocacy under this subsection 
with respect to services under this subchapter, a client assistance 
program may provide the assistance and advocacy with respect to services 
that are directly related to facilitating the employment of the 
individual.

(b) Existence of State program as requisite to receiving payments

    No State may receive payments from its allotment under this chapter 
in any fiscal year unless the State has in effect not later than October 
1, 1984, a client assistance program which--
        (1) has the authority to pursue legal, administrative, and other 
    appropriate remedies to ensure the protection of rights of 
    individuals with disabilities who are receiving treatments, 
    services, or rehabilitation under this chapter within the State; and
        (2) meets the requirements of designation under subsection (c) 
    of this section.

(c) Designation of agency to conduct program

    (1)(A) The Governor shall designate a public or private agency to 
conduct the client assistance program under this section. Except as 
provided in the last sentence of this subparagraph, the Governor shall 
designate an agency which is independent of any agency which provides 
treatment, services, or rehabilitation to individuals under this 
chapter. If there is an agency in the State which has, or had, prior to 
February 22, 1984, served as a client assistance agency under this 
section and which received Federal financial assistance under this 
chapter, the Governor may, in the initial designation, designate an 
agency which provides treatment, services, or rehabilitation to 
individuals with disabilities under this chapter.
    (B)(i) The Governor may not redesignate the agency designated under 
subparagraph (A) without good cause and unless--
        (I) the Governor has given the agency 30 days notice of the 
    intention to make such redesignation, including specification of the 
    good cause for such redesignation and an opportunity to respond to 
    the assertion that good cause has been shown;
        (II) individuals with disabilities or the individuals' 
    representatives have timely notice of the redesignation and 
    opportunity for public comment; and
        (III) the agency has the opportunity to appeal to the 
    Commissioner on the basis that the redesignation was not for good 
    cause.

    (ii) If, after August 7, 1998--
        (I) a designated State agency undergoes any change in the 
    organizational structure of the agency that results in the creation 
    of one or more new State agencies or departments or results in the 
    merger of the designated State agency with one or more other State 
    agencies or departments; and
        (II) an agency (including an office or other unit) within the 
    designated State agency was conducting a client assistance program 
    before the change under the last sentence of subparagraph (A),

the Governor shall redesignate the agency conducting the program. In 
conducting the redesignation, the Governor shall designate to conduct 
the program an agency that is independent of any agency that provides 
treatment, services, or rehabilitation to individuals with disabilities 
under this chapter.
    (2) In carrying out the provisions of this section, the Governor 
shall consult with the director of the State vocational rehabilitation 
agency, the head of the developmental disability protection and advocacy 
agency, and with representatives of professional and consumer 
organizations serving individuals with disabilities in the State.
    (3) The agency designated under this subsection shall be accountable 
for the proper use of funds made available to the agency.

(d) Class action by designated agency prohibited

    The agency designated under subsection (c) of this section may not 
bring any class action in carrying out its responsibilities under this 
section.

(e) Allotment and reallotment of funds

    (1)(A) The Secretary shall allot the sums appropriated for each 
fiscal year under this section among the States on the basis of relative 
population of each State, except that no State shall receive less than 
$50,000.
    (B) The Secretary shall allot $30,000 each to American Samoa, Guam, 
the Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands.
    (C) For the purpose of this paragraph, the term ``State'' does not 
include American Samoa, Guam, the Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands.
    (D)(i) In any fiscal year that the funds appropriated for such 
fiscal year exceed $7,500,000, the minimum allotment shall be $100,000 
for States and $45,000 for territories.
    (ii) For any fiscal year in which the total amount appropriated 
under subsection (h) of this section exceeds the total amount 
appropriated under such subsection for the preceding fiscal year, the 
Secretary shall increase each of the minimum allotments under clause (i) 
by a percentage that shall not exceed the percentage increase in the 
total amount appropriated under such subsection between the preceding 
fiscal year and the fiscal year involved.
    (2) The amount of an allotment to a State for a fiscal year which 
the Secretary determines will not be required by the State during the 
period for which it is available for the purpose for which allotted 
shall be available for reallotment by the Secretary at appropriate times 
to other States with respect to which such a determination has not been 
made, in proportion to the original allotments of such States for such 
fiscal year, but with such proportionate amount for any of such other 
States being reduced to the extent it exceeds the sum the Secretary 
estimates such State needs and will be able to use during such period, 
and the total of such reduction shall be similarly reallotted among the 
States whose proportionate amounts were not so reduced. Any such amount 
so reallotted to a State for a fiscal year shall be deemed to be a part 
of its allotment for such fiscal year.
    (3) Except as specifically prohibited by or as otherwise provided in 
State law, the Secretary shall pay to the agency designated under 
subsection (c) of this section the amount specified in the application 
approved under subsection (f) of this section.

(f) Application by State for grant funds

    No grant may be made under this section unless the State submits an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary deems 
necessary to meet the requirements of this section.

(g) Regulations; minimum requirements

    The Secretary shall prescribe regulations applicable to the client 
assistance program which shall include the following requirements:
        (1) No employees of such programs shall, while so employed, 
    serve as staff or consultants of any rehabilitation project, 
    program, or facility receiving assistance under this chapter in the 
    State.
        (2) Each program shall be afforded reasonable access to 
    policymaking and administrative personnel in the State and local 
    rehabilitation programs, projects, or facilities.
        (3)(A) Each program shall contain provisions designed to assure 
    that to the maximum extent possible alternative means of dispute 
    resolution are available for use at the discretion of an applicant 
    or client of the program prior to resorting to litigation or formal 
    adjudication to resolve a dispute arising under this section.
        (B) In subparagraph (A), the term ``alternative means of dispute 
    resolution'' means any procedure, including good faith negotiation, 
    conciliation, facilitation, mediation, factfinding, and arbitration, 
    and any combination of procedures, that is used in lieu of 
    litigation in a court or formal adjudication in an administrative 
    forum, to resolve a dispute arising under this section.
        (4) For purposes of any periodic audit, report, or evaluation of 
    the performance of a client assistance program under this section, 
    the Secretary shall not require such a program to disclose the 
    identity of, or any other personally identifiable information 
    related to, any individual requesting assistance under such program.

(h) Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary for fiscal years 1999 through 2003 to carry out the provisions 
of this section.

(Pub. L. 93-112, title I, Sec. 112, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1163; amended Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 402(b)(9)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-413.)

                       References in Text

    The Americans with Disabilities Act of 1990, referred to in subsec. 
(a), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended. Title 
I of the Act is classified generally to subchapter I (Sec. 12111 et 
seq.) of chapter 126 of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 12101 of Title 42 and Tables.


                            Prior Provisions

    Prior sections 732 and 740 were omitted in the general amendment of 
this subchapter by Pub. L. 105-220.
    Section 732, Pub. L. 93-112, title I, Sec. 112, Sept. 26, 1973, 87 
Stat. 371; Pub. L. 93-516, title I, Secs. 102(b), 111(f), Dec. 7, 1974, 
88 Stat. 1618, 1620; Pub. L. 93-651, title I, Secs. 102(b), 111(f), Nov. 
21, 1974, 89 Stat. 2-3, 2-5; Pub. L. 94-230, Secs. 2(b), 11(b)(4), Mar. 
15, 1976, 90 Stat. 211, 213; Pub. L. 95-602, title I, Secs. 105, 
122(b)(1), Nov. 6, 1978, 92 Stat. 2960, 2987; Pub. L. 97-375, title I, 
Sec. 105, Dec. 21, 1982, 96 Stat. 1820; Pub. L. 98-221, title I, 
Sec. 113(a), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99-506, title I, 
Sec. 103(d)(2)(C), title II, Sec. 209, title X, Sec. 1001(b)(7), Oct. 
21, 1986, 100 Stat. 1810, 1818, 1842; Pub. L. 100-630, title II, 
Sec. 202(f), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102-52, Sec. 2(c), 
June 6, 1991, 105 Stat. 260; Pub. L. 102-569, title I, Secs. 102(p)(10), 
133, Oct. 29, 1992, 106 Stat. 4357, 4391; Pub. L. 103-73, title I, 
Sec. 107(g), Aug. 11, 1993, 107 Stat. 723; Pub. L. 104-66, title I, 
Sec. 1041(c), Dec. 21, 1995, 109 Stat. 714, related to client assistance 
program.
    Section 740, Pub. L. 93-112, title I, Sec. 120, as added Pub. L. 
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4392, related to 
State eligibility for grants.
    Another prior section 740, Pub. L. 93-112, title I, Sec. 120, Sept. 
26, 1973, 87 Stat. 372; Pub. L. 95-602, title I, Secs. 101(e)(1), 
122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 99-506, title X, 
Sec. 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842; Pub. L. 100-630, title 
II, Sec. 202(g), Nov. 7, 1988, 102 Stat. 3306, provided for State 
allotments to assist in meeting the cost of vocational rehabilitation 
services, prior to the general amendment of part C of former subchapter 
I of this chapter by Pub. L. 102-569.


                               Amendments

    1998--Pub. L. 105-277 made technical amendment to section 
designation and catchline in original.

                  Section Referred to in Other Sections

    This section is referred to in sections 717, 720, 721, 722, 725, 
794e, 796, 796c, 2841 of this title; title 20 section 9271; title 42 
section 1320b-20.
