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29 U.S.C. § 780a — Client assistance program

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 780a — Client assistance program

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Source location: Title 29, Chapter 16, § 780a; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md

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**(a) Establishment of grant program** From funds appropriated under subsection (h), 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, including under sections 733 and 794g of this title, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim) 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 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). **(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) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of 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) 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. (E) (i) The Secretary shall reserve funds appropriated 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 provided 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)). (II) The term “protection and advocacy system” 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794e/c/1/A&num=0&edition=prelim). (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) the amount specified in the application approved under subsection (f). **(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 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.

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42 U.S.C. § 12111 — Findings and purpose

**(a) Findings** The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio

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42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

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42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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42 U.S.C. § 15002 — Definitions

In this subchapter: (1) **American Indian Consortium** — The term “American Indian Consortium” means any confederation of 2 or more recognized American Indian tribes, created through the official action of each participating tribe, that has a combined total resident population of 150,000 enrolled tribal members and a contiguous territory of Indian lands in 2 or more States. (2) **Areas of emphasis** — The term “areas of emphasis” means the areas related to quality assurance activities, education activities and early intervention activities, child care-related activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life. (3) **Assistive technology device** — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with developmental disabilities. (4) **Assistive technology service** — The term “assistive technology service” means any service that directly assists an individual with a developmental disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) conducting an evaluation of the needs of an individual with a developmental disability, including a functional evaluation of the individual in the individual’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of an assistive technology device by an individual with a developmental disability;

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 780a — Independent status of National Council

Page 283 TITLE 29—LABOR § 781 cil’), which shall be composed of fifteen members ap- pointed by the President. ‘‘(B) The President shall select members of the Na- tional Council after soliciting recommendations from representatives of— ‘‘(i) organizations representing a broad range of in- dividuals with disabilities; and ‘‘(ii) organizations interested in individuals with disabilities.’’ Former subpar. (C) redesignated (D). Subsec. (a)(1)(D). Pub. L. 113–128, § 451(1)(C), inserted ‘‘national leaders on disability policy,’’ after ‘‘guard- ians of individuals with disabilities,’’ and substituted ‘‘policy or issues that affect individuals with disabil- ities’’ for ‘‘policy or programs’’. Pub. L. 113–128, § 451(1)(A), redesignated subpar. (C) as (D). Subsec. (b). Pub. L. 113–128, § 451(2), which directed substitution of a period for ‘‘ ‘, except’ and all that fol- lows’’, was executed by substituting a period for ‘‘, except that the terms of service of the members ini- tially appointed after November 6, 1978, shall be (as specified by the President) for such fewer number of years as will provide for the expiration of terms on a staggered basis.’’ in par. (1), to reflect the probable in- tent of Congress. Subsec. (d). Pub. L. 113–128, § 451(3), substituted ‘‘Five’’ for ‘‘Eight’’. 2012—Subsec. (a)(1)(A). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–18, § 3(b), May 22, 2015, 129 Stat. 214, pro- vided that: ‘‘The amendment made by this section [amending this section] shall take effect as if enacted 1 day after the date of enactment of the Workforce In- novation and Opportunity Act [Pub. L. 113–128, ap- proved Jul

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42 U.S.C. § 12111 — Definitions

Page 8240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12103 (D) An impairment that is episodic or in remission is a disability if it would substan- tially limit a major life activity when ac- tive. (E)(i) The determination of whether an im- pairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as— (I) medication, medical supplies, equip- ment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and coch- lear implants or other implantable hearing devices, mobility devices, or oxygen ther- apy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or aux- iliary aids or services; or (IV) learned behavioral or adaptive neu- rological modifications. (ii) The ameliorative effects of the miti- gating measures of ordinary eyeglasses or contact lenses shall be considered in deter- mining whether an impairment substan- tially limits a major life activity. (iii) As used in this subparagraph— (I) the term ‘‘ordinary eyeglasses or con- tact lenses’’ means lenses that are in- tended to fully correct visual acuity or eliminate refractive error; and (II) the term ‘‘low-vision devices’’ means devices that magnify, enhance, or other- wise augment a visual image. (Pub. L. 101–336, § 3, July 26, 1990, 104 Stat. 329; Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set

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42 U.S.C. § 15002 — Definitions

Page 8663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15002 (13) The Chairperson of the National Council on Dis- ability; and (14) No more than 21 other members who shall be ap- pointed to the Committee by the President. These cit- izen members shall consist of individuals who represent a broad spectrum of perspectives, experience, and ex- pertise on intellectual disabilities; persons with intel- lectual disabilities and members of families with a child or adult with intellectual disabilities; and persons employed in either the public or the private sector. Ex- cept as the President may from time to time otherwise direct, appointees under this paragraph shall serve for two-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term. (b) The President shall designate the Chair of the Committee from the 21 citizen members. The Chair shall preside over meetings of the Committee and rep- resent the Committee on appropriate occasions. SEC. 3. Functions of the Committee. (a) Consistent with subsection (c) of this section, the Committee shall: (1) provide such advice concerning intellectual dis- abilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the fol- lowing for people with intellectual disabilities: (A) expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally de- signed technologies. (b) The Committee shall provide an annual report to the President through the Secretary of H

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42 U.S.C. § 15041 — Purpose

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and remand The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (f) Effect The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,

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