29 U.S.C. § 732 : US Code - Section 732: Client assistance program

Search 29 U.S.C. § 732 : US Code - Section 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.