
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-402 Section 401/b/3/C,D]
[CITE: 29USC794e]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
                    SUBCHAPTER V--RIGHTS AND ADVOCACY
 
Sec. 794e. Protection and advocacy of individual rights


(a) Purpose and construction

                             (1) Purpose

        The purpose of this section is to support a system in each State 
    to protect the legal and human rights of individuals with 
    disabilities who--
            (A) need services that are beyond the scope of services 
        authorized to be provided by the client assistance program under 
        section 732 of this title; and
            (B)(i) are ineligible for protection and advocacy programs 
        under subtitle C of the Developmental Disabilities Assistance 
        and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.] because 
        the individuals do not have a developmental disability, as 
        defined in section 102 of such Act [42 U.S.C. 15002]; and
            (ii) are ineligible for services under the Protection and 
        Advocacy for Mentally Ill Individuals Act of 1986 \1\ (42 U.S.C. 
        10801 et seq.) because the individuals are not individuals with 
        mental illness, as defined in section 102 of such Act (42 U.S.C. 
        10802).
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    \1\ See References in Text note below.
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                          (2) Construction

        This section shall not be construed to require the provision of 
    protection and advocacy services that can be provided under the 
    Assistive Technology Act of 1998 [29 U.S.C. 3001 et seq.].

(b) Appropriations less than $5,500,000

    For any fiscal year in which the amount appropriated to carry out 
this section is less than $5,500,000, the Commissioner may make grants 
from such amount to eligible systems within States to plan for, develop 
outreach strategies for, and carry out protection and advocacy programs 
authorized under this section for individuals with disabilities who meet 
the requirements of subparagraphs (A) and (B) of subsection (a)(1) of 
this section.

(c) Appropriations of $5,500,000 or more

                          (1) Reservations

        (A) Technical assistance

            For any fiscal year in which the amount appropriated to 
        carry out this section equals or exceeds $5,500,000, the 
        Commissioner shall set aside not less than 1.8 percent and not 
        more than 2.2 percent of the amount to provide training and 
        technical assistance to the systems established under this 
        section.

        (B) Grant for the eligible system serving the American Indian 
                consortium

            For any fiscal year in which the amount appropriated to 
        carry out this section equals or exceeds $10,500,000, the 
        Commissioner shall reserve a portion, and use the portion to 
        make a grant for the eligible system serving the American Indian 
        consortium. The Commission shall make the grant in an amount of 
        not less than $50,000 for the fiscal year.

                           (2) Allotments

        For any such fiscal year, after the reservations required by 
    paragraph (1) have been made, the Commissioner shall make allotments 
    from the remainder of such amount in accordance with paragraph (3) 
    to eligible systems within States to enable such systems to carry 
    out protection and advocacy programs authorized under this section 
    for individuals referred to in subsection (b) of this section.

                      (3) Systems within States

        (A) Population basis

            Except as provided in subparagraph (B), from such remainder 
        for each such fiscal year, the Commissioner shall make an 
        allotment to the eligible system within a State of an amount 
        bearing the same ratio to such remainder as the population of 
        the State bears to the population of all States.

        (B) Minimums

            Subject to the availability of appropriations to carry out 
        this section, and except as provided in paragraph (4), the 
        allotment to any system under subparagraph (A) shall be not less 
        than $100,000 or \1/3\ of 1 percent of the remainder for the 
        fiscal year for which the allotment is made, whichever is 
        greater, and the allotment to any system under this section for 
        any fiscal year that is less than $100,000 or \1/3\ of 1 percent 
        of such remainder shall be increased to the greater of the two 
        amounts.

               (4) Systems within other jurisdictions

        (A) In general

            For the purposes of paragraph (3)(B), Guam, American Samoa, 
        the United States Virgin Islands, and the Commonwealth of the 
        Northern Mariana Islands shall not be considered to be States.

        (B) Allotment

            The eligible system within a jurisdiction described in 
        subparagraph (A) shall be allotted under paragraph (3)(A) not 
        less than $50,000 for the fiscal year for which the allotment is 
        made.

                    (5) Adjustment for inflation

        For any fiscal year, beginning in fiscal year 1999, in which the 
    total amount appropriated to carry out this section exceeds the 
    total amount appropriated to carry out this section for the 
    preceding fiscal year, the Commissioner shall increase each of the 
    minimum grants or allotments under paragraphs (1)(B), (3)(B), and 
    (4)(B) by a percentage that shall not exceed the percentage increase 
    in the total amount appropriated to carry out this section between 
    the preceding fiscal year and the fiscal year involved.

(d) Proportional reduction

    To provide minimum allotments to systems within States (as increased 
under subsection (c)(5) of this section) under subsection (c)(3)(B) of 
this section, or to provide minimum allotments to systems within States 
(as increased under subsection (c)(5) of this section) under subsection 
(c)(4)(B) of this section, the Commissioner shall proportionately reduce 
the allotments of the remaining systems within States under subsection 
(c)(3) of this section, with such adjustments as may be necessary to 
prevent the allotment of any such remaining system within a State from 
being reduced to less than the minimum allotment for a system within a 
State (as increased under subsection (c)(5) of this section) under 
subsection (c)(3)(B) of this section, or the minimum allotment for a 
State (as increased under subsection (c)(5) of this section) under 
subsection (c)(4)(B) of this section, as appropriate.

(e) Reallotment

    Whenever the Commissioner determines that any amount of an allotment 
to a system within a State for any fiscal year described in subsection 
(c)(1) of this section will not be expended by such system in carrying 
out the provisions of this section, the Commissioner shall make such 
amount available for carrying out the provisions of this section to one 
or more of the systems that the Commissioner determines will be able to 
use additional amounts during such year for carrying out such 
provisions. Any amount made available to a system 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 system (as 
determined under the preceding provisions of this section) for such 
year.

(f) Application

    In order to receive assistance under this section, an eligible 
system shall submit an application to the Commissioner, at such time, in 
such form and manner, and containing such information and assurances as 
the Commissioner determines necessary to meet the requirements of this 
section, including assurances that the eligible system will--
        (1) have in effect a system to protect and advocate the rights 
    of individuals with disabilities;
        (2) have the same general authorities, including access to 
    records and program income, as are set forth in subtitle C of the 
    Developmental Disabilities Assistance and Bill of Rights Act of 2000 
    [42 U.S.C. 15041 et seq.];
        (3) have the authority to pursue legal, administrative, and 
    other appropriate remedies or approaches to ensure the protection 
    of, and advocacy for, the rights of such individuals within the 
    State or the American Indian consortium who are individuals 
    described in subsection (a)(1) of this section;
        (4) provide information on and make referrals to programs and 
    services addressing the needs of individuals with disabilities in 
    the State or the American Indian consortium;
        (5) develop a statement of objectives and priorities on an 
    annual basis, and provide to the public, including individuals with 
    disabilities and, as appropriate, the individuals' representatives, 
    an opportunity to comment on the objectives and priorities 
    established by, and activities of, the system including--
            (A) the objectives and priorities for the activities of the 
        system for each year and the rationale for the establishment of 
        such objectives and priorities; and
            (B) the coordination of programs provided through the system 
        under this section with the advocacy programs of the client 
        assistance program under section 732 of this title, the State 
        long-term care ombudsman program established under the Older 
        Americans Act of 1965 (42 U.S.C. 3001 et seq.), the 
        Developmental Disabilities Assistance and Bill of Rights Act of 
        2000 [42 U.S.C. 15001 et seq.], and the Protection and Advocacy 
        for Mentally Ill Individuals Act of 1986 \2\ (42 U.S.C. 10801 et 
        seq.);
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    \2\ See References in Text note below.

        (6) establish a grievance procedure for clients or prospective 
    clients of the system to ensure that individuals with disabilities 
    are afforded equal opportunity to access the services of the system; 
    and
        (7) provide assurances to the Commissioner that funds made 
    available under this section will be used to supplement and not 
    supplant the non-Federal funds that would otherwise be made 
    available for the purpose for which Federal funds are provided.

(g) Carryover and direct payment

                         (1) Direct payment

        Notwithstanding any other provision of law, the Commissioner 
    shall pay directly to any system that complies with the provisions 
    of this section, the amount of the allotment of the State or the 
    grant for the eligible system that serves the American Indian 
    consortium involved under this section, unless the State or American 
    Indian consortium provides otherwise.

                            (2) Carryover

        Any amount paid to an eligible system that serves a State or 
    American Indian consortium for a fiscal year that remains 
    unobligated at the end of such year shall remain available to such 
    system that serves the State or American Indian consortium for 
    obligation during the next fiscal year for the purposes for which 
    such amount was paid.

(h) Limitation on disclosure requirements

    For purposes of any audit, report, or evaluation of the performance 
of the program established under this section, the Commissioner 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.

(i) Administrative cost

    In any State in which an eligible system is located within a State 
agency, a State may use a portion of any allotment under subsection (c) 
of this section for the cost of the administration of the system 
required by this section. Such portion may not exceed 5 percent of the 
allotment.

(j) Delegation

    The Commissioner may delegate the administration of this program to 
the Commissioner of the Administration on Developmental Disabilities 
within the Department of Health and Human Services.

(k) Report

    The Commissioner shall annually prepare and submit to the Committee 
on Education and the Workforce of the House of Representatives and the 
Committee on Labor and Human Resources of the Senate a report describing 
the types of services and activities being undertaken by programs funded 
under this section, the total number of individuals served under this 
section, the types of disabilities represented by such individuals, and 
the types of issues being addressed on behalf of such individuals.

(l) Authorization of appropriations

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

(m) Definitions

    As used in this section:

                         (1) Eligible system

        The term ``eligible system'' means a protection and advocacy 
    system that is established under subtitle C of the Developmental 
    Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 
    15041 et seq.] and that meets the requirements of subsection (f) of 
    this section.

                   (2) American Indian consortium

        The term ``American Indian consortium'' means a consortium 
    established as described in section 142 \2\ of the Developmental 
    Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).

(Pub. L. 93-112, title V, Sec. 509, as added Pub. L. 102-569, title V, 
Sec. 510(a), Oct. 29, 1992, 106 Stat. 4430; amended Pub. L. 103-73, 
title I, Sec. 112(c), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105-12, 
Sec. 9(n), Apr. 30, 1997, 111 Stat. 28; Pub. L. 105-220, title IV, 
Sec. 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L. 105-394, title IV, 
Sec. 402(c), Nov. 13, 1998, 112 Stat. 3662; Pub. L. 106-402, title IV, 
Sec. 401(b)(3)(C), (D), Oct. 30, 2000, 114 Stat. 1738.)

                       References in Text

    The Developmental Disabilities Assistance and Bill of Rights Act of 
2000, referred to in subsecs. (a)(1)(B)(i), (f)(2), (5)(B), and (m)(1), 
is Pub. L. 106-402, Oct. 30, 2000, 114 Stat. 1677, which is classified 
principally to chapter 144 (Sec. 15001 et seq.) of Title 42, The Public 
Health and Welfare. Subtitle C of the Act probably means subtitle C of 
title I of the Act which is classified generally to part C (Sec. 15041 
et seq.) of subchapter I of chapter 144 of Title 42. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 15001 of Title 42 and Tables.
    The Protection and Advocacy for Mentally Ill Individuals Act of 
1986, referred to in subsecs. (a)(1)(B)(ii) and (f)(5)(B), was Pub. L. 
99-319, May 23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319 was 
renamed the Protection and Advocacy for Individuals with Mental Illness 
Act by Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 
2000, 114 Stat. 1193, and is classified generally to chapter 114 
(Sec. 10801 et seq.) 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 10801 of Title 42 and Tables.
    The Assistive Technology Act of 1998, referred to in subsec. (a)(2), 
is Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627, which is classified 
principally to chapter 31 (Sec. 3001 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 3001 of this title and Tables.
    The Older Americans Act of 1965, referred to in subsec. (f)(5)(B), 
is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is 
classified generally to chapter 35 (Sec. 3001 et seq.) 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 3001 of Title 42 
and Tables.
    Section 142 of the Developmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6042), referred to in subsec. (m)(2), was repealed 
by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000, 114 Stat. 
1737.


                               Amendments

    2000--Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106-402, 
Sec. 401(b)(3)(C), substituted ``subtitle C of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000'' for ``part C of 
the Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6041 et seq.)''.
    Subsec. (f)(5)(B). Pub. L. 106-402, Sec. 401(b)(3)(D), substituted 
``Developmental Disabilities Assistance and Bill of Rights Act of 2000'' 
for ``Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6000 et seq.)''.
    Subsec. (m)(1). Pub. L. 106-402, Sec. 401(b)(3)(C), substituted 
``subtitle C of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000'' for ``part C of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)''.
    1998--Pub. L. 105-220 amended section catchline and text generally. 
Prior to amendment, text consisted of subsecs. (a) to (n) relating to 
protection and advocacy of individual rights.
    Subsec. (a)(2). Pub. L. 105-394 substituted ``the Assistive 
Technology Act of 1998'' for ``the Technology-Related Assistance for 
Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et seq.)''.
    1997--Subsec. (f)(8). Pub. L. 105-12 added par. (8).
    1993--Subsec. (a)(1). Pub. L. 103-73, Sec. 112(c)(1), added par. (1) 
and struck out former par. (1) which read as follows: ``are ineligible 
for client assistance programs under section 732 of this title; and''.
    Subsec. (b). Pub. L. 103-73, Sec. 112(c)(2), added subsec. (b) and 
struck out heading and text of former subsec. (b). Text read as follows:
    ``(1) Allotments.--For any fiscal year in which the amount 
appropriated to carry out this section is less than $5,500,000, the 
Commissioner may make grants from such amount to eligible systems within 
States to plan for, develop outreach strategies for, and carry out 
protection and advocacy programs authorized under this section for 
individuals with disabilities who meet the requirements of paragraphs 
(1) and (2) of subsection (a) of this section.
    ``(2) Other jurisdictions.--For the purposes of this subsection, 
Guam, American Samoa, the United States Virgin Islands, the Commonwealth 
of the Northern Mariana Islands, and the Republic of Palau shall not be 
considered to be States.''
    Subsec. (c)(4)(A). Pub. L. 103-73, Sec. 112(c)(3)(A)(i), substituted 
``paragraph (3)(B)'' for ``this subsection''.
    Subsec. (c)(4)(B). Pub. L. 103-73, Sec. 112(c)(3)(A)(ii), 
substituted ``allotted under paragraph (3)(A)'' for ``allotted''.
    Subsec. (c)(5). Pub. L. 103-73, Sec. 112(c)(3)(B), added par. (5) 
and struck out heading and text of former par. (5). Text read as 
follows:
    ``(A) States.--For purposes of determining the minimum amount of an 
allotment under paragraph (3)(B), the amount $100,000 shall, in the case 
of such allotments for fiscal year 1994 and subsequent fiscal years, be 
increased to the extent necessary to offset the effects of inflation 
occurring since October 1992, as measured by the percentage increase in 
the Consumer Price Index For All Urban Consumers (U.S. city average) 
during the period ending on April 1 of the fiscal year preceding the 
fiscal year for which the allotment is to be made.
    ``(B) Certain territories.--For purposes of determining the minimum 
amount of an allotment under paragraph (4)(B), the amount $50,000 shall, 
in the case of such allotments for fiscal year 1994 and subsequent 
fiscal years, be increased to the extent necessary to offset the effects 
of inflation occurring since October 1992, as measured by the percentage 
increase in the Consumer Price Index For All Urban Consumers (U.S. city 
average) during the period ending on April 1 of the fiscal year 
preceding the fiscal year for which the allotment is to be made.''
    Subsec. (d). Pub. L. 103-73, Sec. 112(c)(4), added subsec. (d) and 
struck out heading and text of former subsec. (d). Text read as follows: 
``Amounts necessary to provide allotments to systems within States in 
accordance with subsection (c)(3)(B) of this section as increased under 
subsection (c)(5) of this section, or to provide allotments in 
accordance with subsection (c)(4)(B) of this section as increased in 
accordance with subsection (c)(5) of this section, shall be derived by 
proportionately reducing the allotments of the remaining systems within 
States under subsection (c)(3) of this section, but with such 
adjustments as may be necessary to prevent the allotment of any such 
remaining systems within States from being thereby reduced to less than 
the greater of $100,000 or one-third of one percent of the sums made 
available for purposes of this section for the fiscal year for which the 
allotment is made, as increased in accordance with subsection (c)(5) of 
this section.''
    Subsec. (i). Pub. L. 103-73, Sec. 112(c)(6), which directed the 
amendment of this section ``in subsection (i), to read as follows: ``, 
was executed by adding subsec. (i). Former subsec. (i) redesignated (n).
    Subsec. (j). Pub. L. 103-73, Sec. 112(c)(7), added subsec. (j) and 
struck out heading and text of former subsec. (j). Text read as follows: 
``An eligible system may not use more than 5 percent of any allotment 
under subsection (c) of this section for the cost of administration of 
the system required by this section.''
    Subsec. (n). Pub. L. 103-73, Sec. 112(c)(5), redesignated subsec. 
(i) as (n).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-12 effective Apr. 30, 1997, applicable to 
Federal payments made pursuant to obligations incurred after Apr. 30, 
1997, for items and services provided on or after such date, and also 
applicable with respect to contracts entered into, renewed, or extended 
after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 
1997, to the extent permitted under such contracts, see section 11 of 
Pub. L. 105-12, set out as an Effective Date note under section 14401 of 
Title 42, The Public Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 716, 718, 3002 of this 
title; title 42 section 14404.
