29 U.S.C. § 732
Section 732 · Client assistance program
Viewing 29 U.S.C. § 732 as in effect on August 11, 1993. The text changed in 3 later editions (most recent July 22, 2014).
View current version →From funds appropriated under subsection (i) 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 community rehabilitation programs providing services to them 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.
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.
(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 paragraph, 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) 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 their 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.
(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.
(4) For the purpose of this subsection, the term “Governor” means the chief executive of the State.
The agency designated under subsection (c) of this section may not bring any class action in carrying out its responsibilities under this section.
(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, the Northern Mariana Islands, and the Republic of Palau, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect.
(C) For the purpose of this paragraph, the term “State” does not include American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the Republic of Palau.
(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 by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 720(c)(1) of this title, the Secretary shall increase each of the minimum allotments under clause (i) by such percentage change in the Consumer Price Index For All Urban Consumers.
(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.
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.
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) Each program shall contain provisions designed to assure that to the maximum extent possible mediation procedures are used prior to resorting to administrative or legal remedies.
(4) The agency designated under subsection (c) of this section shall submit an annual report to the Secretary on the operation of the program during the previous year, including a summary of the work done and the uniform statistical tabulation of all cases handled by such program. A copy of each such report shall be submitted to the appropriate committees of the Congress by the Secretary, together with a summary of such reports and the Secretary's evaluation of the program, including appropriate recommendations.
(5) Each such report shall contain information on the number of requests the client assistance program under this section receives annually, the number of requests such program is unable to serve, and the reasons that the program is unable to serve all the requests.
(6) For purposes of such report or for any other 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.
There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 1997 to carry out the provisions of this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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 (§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.
For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (e)(1)(B), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.
Codification
For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note set out under section 701 of this title.
Amendments
1993—Subsec. (a). Pub. L. 103–73, §107(g)(1), in first sentence substituted “community rehabilitation programs” for “facilities” before “providing services to them”.
Subsec. (e)(1)(D)(ii). Pub. L. 103–73, §107(g)(2), added cl. (ii) and struck out former cl. (ii) which read as follows: “Subject to clause (i), the Commissioner may increase the minimum allotments under subparagraphs (A) and (B) for any fiscal year for which funds appropriated under this section for such fiscal year exceed the sums appropriated under this section for the preceding fiscal year.”
1992—Subsec. (a). Pub. L. 102–569, §133(a), in first sentence, substituted “to assist and advocate for such clients” for “to assist such clients”, inserted “and advocacy” after “including assistance”, and inserted before period “and to facilitate access to the services funded under this chapter through individual and systemic advocacy”, amended second sentence generally, and inserted at end “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.”. Prior to amendment, second sentence read as follows: “The client assistance program may provide information on the available services under this chapter to any individuals with disabilities in the State.”
Pub. L. 102–569, §102(p)(10), substituted “disabilities” for “handicaps” in second sentence.
Subsecs. (b)(1), (c)(1)(A). Pub. L. 102–569, §102(p)(10), substituted “disabilities” for “handicaps”.
Subsec. (c)(1)(B). Pub. L. 102–569, §133(b), added subpar. (B) and struck out former subpar. (B) which read as follows: “The Governor may not redesignate the agency designated under subparagraph (A) without good cause and only after notice and an opportunity for public comment has been given of the intention to make such redesignation.”
Subsec. (c)(2). Pub. L. 102–569, §102(p)(10), substituted “disabilities” for “handicaps”.
Subsec. (e)(1)(B). Pub. L. 102–569, §133(c)(1), substituted “and the Republic of Palau, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect.” for “and the Trust Territory of the Pacific Islands.”
Subsec. (e)(1)(C). Pub. L. 102–569, §133(c)(2), substituted “and the Republic of Palau” for “and the Trust Territory of the Pacific Islands”.
Subsec. (e)(1)(D). Pub. L. 102–569, §133(c)(3), in cl. (i), substituted “$100,000” for “$75,000” and in cl. (ii), substituted “clause (i)” for “subsection (c) of this section”, “minimum allotments under subparagraphs (A) and (B)” for “minimum allotment under subparagraph (A)”, and “fiscal year.” for “fiscal year by more than the percentage increase in the Consumer Price Index published monthly by the Bureau of Labor Statistics.”
Subsec. (g)(5), (6). Pub. L. 102–569, §133(d), added pars. (5) and (6).
Subsec. (h). Pub. L. 102–569, §133(e), redesignated subsec. (i) as (h), substituted “such sums as may be necessary for fiscal years 1993 through 1997 to carry out the provisions of this section” for “$7,100,000 for fiscal year 1987, $7,550,000 for fiscal year 1988, $8,000,000 for fiscal year 1989, $8,450,000 for fiscal year 1990, $8,796,000 for fiscal year 1991, and such sums as may be necessary for fiscal year 1992, to carry out the provisions of this section”, and struck out former subsec. (h) which required Commissioner to conduct a comprehensive evaluation of client assistance program and submit a report to Congress.
Pub. L. 102–569, §102(p)(10), substituted “individuals with disabilities” for “individuals with handicaps” in par. (2)(A) and (C).
Subsec. (i). Pub. L. 102–569, §133(e)(2), redesignated subsec. (i) as (h).
1991—Subsec. (i). Pub. L. 102–52 struck out “and” after “1990,” and inserted “and such sums as may be necessary for fiscal year 1992,” after “1991,”.
1988—Subsec. (a). Pub. L. 100–630, §202(f)(1), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (b). Pub. L. 100–630, §202(f)(2), struck out comma after “client assistance program” in introductory provisions.
Subsec. (c)(4). Pub. L. 100–630, §202(f)(3), added par. (4).
Subsec. (g)(1). Pub. L. 100–630, §202(f)(4), struck out comma after “consultants of”.
Subsec. (g)(4). Pub. L. 100–630, §202(f)(5), substituted “the Secretary's” for “his”.
Subsec. (h)(3)(C). Pub. L. 100–630, §202(f)(6), substituted “February 22, 1984” for “this reauthorization” in two places.
Subsec. (i). Pub. L. 100–630, §202(f)(7), inserted comma after “1991”.
1986—Subsec. (a). Pub. L. 99–506, §209(a), inserted provision that the client assistance program may provide information on the available services under this chapter to any handicapped individuals in the State.
Subsec. (b)(1). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (c)(1). Pub. L. 99–506, §§103(d)(2)(C), 209(b), designated existing provisions as subpar. (A), inserted “, in the initial designation,” after “the Governor may” and substituted “individuals with handicaps” for “handicapped individuals”, and added subpar. (B).
Subsec. (c)(2). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (e)(1)(D). Pub. L. 99–506, §209(d), added subpar. (D).
Subsec. (e)(2). Pub. L. 99–506, §1001(b)(7), substituted “at appropriate times” for “from time to time on such dates he may fix”.
Subsec. (e)(3). Pub. L. 99–506, §209(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows:
“(A) The Secretary shall pay to the Governor from the allotment of the State the amount specified in the application approved under subsection (f) of this section.
“(B) For the purpose of this paragraph and subsection (c) of this section, the term ‘Governor’ means the chief executive of the State.”
Subsec. (g)(1). Pub. L. 99–506, §209(e), struck out “, or receive benefits of any kind directly or indirectly from” after “or consultants of”.
Subsec. (h)(2)(A), (C). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (i). Pub. L. 99–506, §209(f), amended subsec. (i) generally, substituting provisions authorizing appropriations for fiscal years 1987 through 1991 for provisions authorizing appropriations for fiscal years 1984 through 1986.
1984—Subsec. (a). Pub. L. 98–221 substituted provisions making permanent a client assistance program funded from appropriations authorized by subsec. (i) of this section for provisions which had established the client assistance program as a pilot program for fiscal years 1979, 1980, 1981, and 1982 to be funded from appropriations authorized by section 777 of this title for special projects and demonstrations.
Subsec. (b). Pub. L. 98–221 substituted provisions that no State may receive payments from its allotment under this chapter unless the State has in effect not later than Oct. 1, 1984, a client assistance program meeting certain enumerated conditions for former provisions which had authorized the promulgation of regulations. The former provisions of former subsec. (b) are covered in subsecs. (c) and (g).
Subsecs. (c) to (i). Pub. L. 98–221 added subsecs. (c) to (i).
1982—Subsec. (b)(3). Pub. L. 97–375 struck out par. (3) which provided that the project submit to the Commissioner through the State agency designated by section 721 of this title an annual report on the previous year's operation of the project, including a summary of work done and uniform statistical tabulation of cases handled, and that the Commissioner submit a copy of the report to appropriate committees of Congress, together with a summary of the reports, evaluation of the projects, and appropriate recommendations.
1978—Subsec. (a). Pub. L. 95–602, §§105, 122(b)(1), substituted “section 777 of this title” for “section 774 of this title” in two places, “Commissioner” for “Secretary” wherever appearing, and “no less than $3,500,000 for the fiscal year ending September 30, 1979, and for each of the three succeeding fiscal years, to establish in geographically dispersed regions” for “up to $1,500,000, but no less than $500,000 for the fiscal year ending June 30, 1974, up to $2,500,000 but no less than $1,000,000 for the fiscal year ending June 30, 1975, up to $2,500,000 but no less than $1,000,000 for the fiscal year ending June 30, 1976, up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1977, and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1978, to establish in no less than 7 nor more than 20 geographically dispersed regions” and inserted “, including assistance in pursuing legal, administrative, or other appropriate remedies to insure the protection of the rights of such individuals under this chapter” after “them under this chapter”.
Subsec. (b). Pub. L. 95–602, §122(b)(1), substituted “Commissioner” for “Secretary” wherever appearing.
1976—Subsec. (a). Pub. L. 94–230, §2(b), inserted provisions authorizing appropriations up to $2,500,000 but no less than $1,000,000 for the fiscal year ending Sept. 30, 1977.
Pub. L. 94–230, §11(b)(4), inserted provisions authorizing appropriations up to $2,500,000 but no less than $1,000,000 for the fiscal year ending Sept. 30, 1978.
1974—Subsec. (a). Pub. L. 93–516 substituted “in excess of $11,860,000” for “in excess of an amount equal to the amount obligated for expenditure for carrying out such projects and demonstrations from appropriations under the Vocational Rehabilitation Act in the fiscal year ending June 30, 1973,”, authorized appropriation of up to $2,500,000 but no less than $1,000,000 for fiscal year ending June 30, 1976, and inserted provisions that in the event that funds so appropriated under section 774 of this title do not exceed $11,860,000 in any fiscal year, the Secretary is authorized to utilize such funds to carry out this section.
Pub. L. 93–651 amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93–516.
Extension of Vocational Rehabilitation Programs Through Fiscal Year Ending September 30, 1978; Effective Date of 1976 Amendment
For contingency provisions relating to the extensions of program authorizations and to the effective date of such extensions, see section 11(a), (b)(1), and (c) of Pub. L. 94–230, set out as a note under section 720 of this title.