29 U.S.C. § 732 — Client assistance program

Page 249 TITLE 29—LABOR § 732 Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 731. Payments to States (a) Amount (1) Except as provided in paragraph (2), from each State’s allotment under this part for any fiscal year, the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under section 721 of this title, including expenditures for the administration of the State plan. (2)(A) The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) of section 730 of this title for such year. (B) The amount otherwise payable to a State for a fiscal year under this section shall be re- duced by the amount by which expenditures from non-Federal sources under the State plan under this subchapter for any previous fiscal year are less than the total of such expenditures for the second fiscal year preceding that pre- vious fiscal year. (C) The Commissioner may waive or modify any requirement or limitation under subpara- graph (B) or section 721(a)(17) of this title if the Commissioner determines that a waiver or modification is an equitable response to excep- tional or uncontrollable circumstances affecting the State. (3)(A) Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilities (as defined in section 291o(g) of title 42), in such State. (B) If the Federal share with respect to reha- bilitation facilities in such State is determined pursuant to section 291o(b)(2) of title 42, the per- centage of the cost for purposes of this section shall be determined in accordance with regula- tions prescribed by the Commissioner designed to achieve as nearly as practicable results com- parable to the results obtained under such sec- tion. (b) Method of computation and payment The method of computing and paying amounts pursuant to subsection (a) shall be as follows: (1) The Commissioner shall, prior to the be- ginning of each calendar quarter or other pe- riod prescribed by the Commissioner, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation as the Commissioner may find necessary. (2) The Commissioner shall pay, from the al- lotment available therefor, the amount so es- timated by the Commissioner for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which the Commissioner finds that the estimate of the amount to be paid the State for any prior period under such sub- section was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or set- tlement by the Government Accountability Office, shall be made through the disbursing facilities of the Treasury Department, and shall be made in such installments as the Commissioner may determine. (Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1162; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(8)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–128, title IV, § 420, July 22, 2014, 128 Stat. 1656.) Editorial Notes PRIOR PROVISIONS A prior section 731, Pub. L. 93–112, title I, § 111, Sept. 26, 1973, 87 Stat. 371; Pub. L. 95–602, title I, § 122(b)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 208, title X, § 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub. L. 100–630, title II, § 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–569, title I, § 132, Oct. 29, 1992, 106 Stat. 4390; Pub. L. 103–73, title I, § 107(f), Aug. 11, 1993, 107 Stat. 723, related to payments to States, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(2)(B). Pub. L. 113–128 substituted ‘‘The’’ for ‘‘For fiscal year 1994 and each fiscal year thereafter, the’’, ‘‘this subchapter for any previous’’ for ‘‘this subchapter for the previous’’, and ‘‘year preceding that previous’’ for ‘‘year preceding the previous’’. 2004—Subsec. (b)(2). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original. Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 732. Client assistance program (a) Establishment of grant program From funds appropriated under subsection (h), the Secretary shall, in accordance with this sec- tion, 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, including under sections 733 and 794g of this title, and, upon request of such clients or client applicants, to assist and advo- cate for such clients or applicants in their rela- tionships with projects, programs, and services provided under this chapter, including assist- ance and advocacy in pursuing legal, adminis- trative, 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 indi- Page 250 TITLE 29—LABOR § 732 vidual and systemic advocacy. The client assist- ance program shall provide information on the available services and benefits under this chap- ter 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 re- gard 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 as- sistance and advocacy with respect to services that are directly related to facilitating the em- ployment of the individual. (b) Existence of State program as requisite to re- ceiving payments No State may receive payments from its allot- ment under this chapter in any fiscal year un- less the State has in effect a client assistance program which— (1) has the authority to pursue legal, admin- istrative, 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). (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 treat- ment, 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 finan- cial 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) with- out good cause and unless— (I) the Governor has given the agency 30 days notice of the intention to make such re- designation, including specification of the good cause for such redesignation and an op- portunity to respond to the assertion that good cause has been shown; (II) individuals with disabilities or the indi- viduals’ representatives have timely notice of the redesignation and opportunity for public comment; and (III) the agency has the opportunity to ap- peal 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 re- sults 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 subpara- graph (A), the Governor shall redesignate the agency con- ducting the program. In conducting the redesig- nation, 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 sec- tion, the Governor shall consult with the direc- tor of the State vocational rehabilitation agen- cy, the head of the developmental disability pro- tection and advocacy agency, and with rep- resentatives of professional and consumer orga- nizations serving individuals with disabilities in the State. (3) The agency designated under this sub- section 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 sec- tion. (e) Allotment and reallotment of funds (1)(A) After reserving funds under subpara- graphs (E) and (F), the Secretary shall allot the remainder of the sums appropriated for each fis- cal 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 Is- lands. (C) For the purpose of this paragraph, the term ‘‘State’’ does not include American Samoa, Guam, the Virgin Islands, and the Common- wealth of the Northern Mariana Islands. (D)(i) In any fiscal year that the funds appro- priated 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) ex- ceeds the total amount appropriated under such subsection for the preceding fiscal year, the Sec- retary shall increase each of the minimum allot- ments under clause (i) by a percentage that shall not exceed the percentage increase in the total amount appropriated under such sub- section between the preceding fiscal year and the fiscal year involved. (E)(i) The Secretary shall reserve funds appro- priated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such a grant shall be the same amount as is pro- vided to a territory under this subsection. (ii) In this subparagraph: (I) The term ‘‘American Indian Consortium’’ has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). Page 251 TITLE 29—LABOR § 732 (II) The term ‘‘protection and advocacy sys- tem’’ means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or ex- ceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 per- cent of such amount to provide a grant for train- ing and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 794e(c)(1)(A) of this title. (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 pe- riod 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 determina- tion 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 esti- mates such State needs and will be able to use during such period, and the total of such reduc- tion 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 sub- section (c) the amount specified in the applica- tion approved under subsection (f). (f) Application by State for grant funds No grant may be made under this section un- less the State submits an application to the Sec- retary at such time, in such manner, and con- taining or accompanied by such information as the Secretary deems necessary to meet the re- quirements of this section. (g) Regulations; minimum requirements The Secretary shall prescribe regulations ap- plicable 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 consult- ants of any rehabilitation project, program, or facility receiving assistance under this chap- ter in the State. (2) Each program shall be afforded reason- able access to policymaking and administra- tive personnel in the State and local rehabili- tation programs, projects, or facilities. (3)(A) Each program shall contain provisions designed to assure that to the maximum ex- tent possible alternative means of dispute res- olution are available for use at the discretion of an applicant or client of the program prior to resorting to litigation or formal adjudica- tion to resolve a dispute arising under this section. (B) In subparagraph (A), the term ‘‘alter- native means of dispute resolution’’ means any procedure, including good faith negotia- tion, conciliation, facilitation, mediation, factfinding, and arbitration, and any combina- tion of procedures, that is used in lieu of liti- gation 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, re- port, or evaluation of the performance of a cli- ent assistance program under this section, the Secretary shall not require such a program to disclose the identity of, or any other person- ally identifiable information related to, any individual requesting assistance under such program. (h) Authorization of appropriations There are authorized to be appropriated to carry out the provisions of this section— (1) $12,000,000 for fiscal year 2015; (2) $12,927,000 for fiscal year 2016; (3) $13,195,000 for fiscal year 2017; (4) $13,488,000 for fiscal year 2018; (5) $13,805,000 for fiscal year 2019; and (6) $14,098,000 for fiscal year 2020. (Pub. L. 93–112, title I, § 112, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1163; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(9)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 421, July 22, 2014, 128 Stat. 1656.) Editorial Notes 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. 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 classi- fication of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (e)(1)(E)(ii)(II), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 15001 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, § 112, Sept. 26, 1973, 87 Stat. 371; Pub. L. 93–516, title I, §§ 102(b), 111(f), Dec. 7, 1974, 88 Stat. 1618, 1620; Pub. L. 93–651, title I, §§ 102(b), 111(f), Nov. 21, 1974, 89 Stat. 2–3, 2–5; Pub. L. 94–230, §§ 2(b), 11(b)(4), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I, §§ 105, 122(b)(1), Nov. 6, 1978, 92 Stat. 2960, 2987; Pub. L. 97–375, title I, § 105, Dec. 21, 1982, 96 Stat. 1820; Pub. L. 98–221, title I, § 113(a), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 209, title X, § 1001(b)(7), Oct. 21, 1986, 100 Stat. 1810, 1818, 1842; Pub. L. 100–630, title II, § 202(f), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–52, § 2(c), June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title I, §§ 102(p)(10), 133, Oct. 29, 1992, 106 Stat. 4357, 4391; Pub. L. 103–73, title I, § 107(g), Aug. 11, 1993, 107 Stat. 723; Pub. L. 104–66, title I, § 1041(c), Dec. 21, 1995, 109 Stat. 714, related to client assistance pro- gram. Section 740, Pub. L. 93–112, title I, § 120, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4392, re- lated to State eligibility for grants. Another prior section 740, Pub. L. 93–112, title I, § 120, Sept. 26, 1973, 87 Stat. 372; Pub. L. 95–602, title I, Page 252 TITLE 29—LABOR § 733 §§ 101(e)(1), 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 99–506, title X, § 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842; Pub. L. 100–630, title II, § 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 2014—Subsec. (a). Pub. L. 113–128, § 421(1), inserted ‘‘in- cluding under sections 733 and 794g of this title,’’ after ‘‘all available benefits under this chapter,’’. Subsec. (b). Pub. L. 113–128, § 421(2), struck out ‘‘not later than October 1, 1984,’’ after ‘‘has in effect’’ in in- troductory provisions. Subsec. (e)(1)(A). Pub. L. 113–128, § 421(3)(A), sub- stituted ‘‘After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of’’ for ‘‘The Secretary shall allot’’. Subsec. (e)(1)(E), (F). Pub. L. 113–128, § 421(3)(B), added subpars. (E) and (F). Subsec. (h). Pub. L. 113–128, § 421(4), added subsec. (h) and struck out former subsec. (h) which authorized ap- propriations for fiscal years 1999 through 2003. 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original. § 733. Provision of pre-employment transition services (a) In general From the funds reserved under section 730(d) of this title, and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this subchapter. (b) Required activities Funds available under subsection (a) shall be used to make available to students with disabil- ities described in subsection (a)— (1) job exploration counseling; (2) work-based learning experiences, which may include in-school or after school opportu- nities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible; (3) counseling on opportunities for enroll- ment in comprehensive transition or postsec- ondary educational programs at institutions of higher education; (4) workplace readiness training to develop social skills and independent living; and (5) instruction in self-advocacy, which may include peer mentoring. (c) Authorized activities Funds available under subsection (a) and re- maining after the provision of the required ac- tivities described in subsection (b) may be used to improve the transition of students with dis- abilities described in subsection (a) from school to postsecondary education or an employment outcome by— (1) implementing effective strategies to in- crease the likelihood of independent living and inclusion in communities and competitive in- tegrated workplaces; (2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment; (3) providing instruction to vocational reha- bilitation counselors, school transition per- sonnel, and other persons supporting students with disabilities; (4) disseminating information about innova- tive, effective, and efficient approaches to achieve the goals of this section; (5) coordinating activities with transition services provided by local educational agen- cies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (6) applying evidence-based findings to im- prove policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section; (7) developing model transition demonstra- tion projects; (8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and (9) disseminating information and strategies to improve the transition to postsecondary ac- tivities of individuals who are members of tra- ditionally unserved populations. (d) Pre-employment transition coordination Each local office of a designated State unit shall carry out responsibilities consisting of— (1) attending individualized education pro- gram meetings for students with disabilities, when invited; (2) working with the local workforce devel- opment boards, one-stop centers, and employ- ers to develop work opportunities for students with disabilities, including internships, sum- mer employment and other employment op- portunities available throughout the school year, and apprenticeships; (3) work with schools, including those car- rying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Dis- abilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services under this section; and (4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (e) National pre-employment transition coordina- tion The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section. (f) Support In carrying out this section, States shall ad- dress the transition needs of all students with disabilities, including such students with phys- ical, sensory, intellectual, and mental health disabilities. (Pub. L. 93–112, title I, § 113, as added Pub. L. 113–128, title IV, § 422, July 22, 2014, 128 Stat. 1657.)