Title 29 — Labor
Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 794e. Protection and advocacy of individual rights
Statutory text
Purpose and construction
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—
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
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
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).
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.].
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).
Appropriations of $5,500,000 or more
Reservations
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 a grant, contract, or cooperative agreement for training and technical assistance to the systems established under this section.
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.
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).
Systems within States
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.
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 ⅓ 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 ⅓ of 1 percent of such remainder shall be increased to the greater of the two amounts.
Systems within other jurisdictions
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.
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.
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.
Proportional reduction
To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under subsection (c)(3), 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)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate.
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) 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.
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—
have in effect a system to protect and advocate the rights of individuals with disabilities;
have the same general authorities, including the authority to access records and program income, as are set forth in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.];
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);
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;
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—
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
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 1 (42 U.S.C. 10801 et seq.);
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
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.
Carryover and direct payment
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.
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.
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.
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) for the cost of the administration of the system required by this section. Such portion may not exceed 5 percent of the allotment.
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.
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.
Authorization of appropriations
There are authorized to be appropriated to carry out this section $17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.
Definitions
As used in this section:
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).
American Indian consortium
The term “American Indian consortium” means a consortium established as described in section 142 1 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rehabilitation Act of 1973
Pub. L. 93–112 title V § 509 · 87 Stat. 355
Enacted · 29 U.S.C. § 794e
Pub. L. 93–112, title V, § 509, as added Pub. L. 102–569, title V, § 510(a), Oct. 29, 1992, 106 Stat. 4430
Source evidence
Code source credit
Pub. L. 93–112, title V, § 509, as added Pub. L. 102–569, title V, § 510(a), Oct. 29, 1992, 106 Stat. 4430Rehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(1) · 107 Stat. 718
Added · 29 U.S.C. § 794e(a)(1)
Pub. L. 103–73, § 112(c)(1), added par. (1)
Struck · 29 U.S.C. § 794e(a)(1)
Pub. L. 103–73, § 112(c)(1), struck out former par. (1) which read as follows: “are ineligible for client assistance programs under section 732 of this title; and”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–73, § 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”.Enacted provision · exact public law section
(1) in subsection (a), by striking paragraph (1) and inserting the following: “(1) need services that are beyond the scope of services authorized to be provided by the client assistance program under section 112; and”;Rehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(2) · 107 Stat. 718
Added · 29 U.S.C. § 794e(b)
Pub. L. 103–73, § 112(c)(2), added subsec. (b)
Struck · 29 U.S.C. § 794e(b)
Pub. L. 103–73, § 112(c)(2), struck out heading and text of former subsec. (b). Text read as follows:
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–73, § 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). “(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.”
Enacted provision · exact public law section
(2) by striking subsection (b) and inserting the following: “(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 paragraphs (1) and (2) of subsection (a).”;Rehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(3)(A)(i) · 107 Stat. 718
Substituted · 29 U.S.C. § 794e(c)(4)(A)
Pub. L. 103–73, § 112(c)(3)(A)(i), substituted “paragraph (3)(B)” for “this subsection”
Source evidence
Code amendment note
Subsec. (c)(4)(A). Pub. L. 103–73, § 112(c)(3)(A)(i), substituted “paragraph (3)(B)” for “this subsection”.Enacted provision · exact public law section
(i) in subparagraph (A), by striking “this subsection” and inserting “paragraph (3)(B)”; andRehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(3)(A)(ii) · 107 Stat. 718
Substituted · 29 U.S.C. § 794e(c)(4)(B)
Pub. L. 103–73, § 112(c)(3)(A)(ii), substituted “allotted under paragraph (3)(A)” for “allotted”
Source evidence
Code amendment note
Subsec. (c)(4)(B). Pub. L. 103–73, § 112(c)(3)(A)(ii), substituted “allotted under paragraph (3)(A)” for “allotted”.Enacted provision · exact public law section
(ii) in subparagraph (B), by striking “allotted” and inserting “allotted under paragraph (3)(A)”; andRehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(3)(B) · 107 Stat. 718
Added · 29 U.S.C. § 794e(c)(5)
Pub. L. 103–73, § 112(c)(3)(B), added par. (5)
Struck · 29 U.S.C. § 794e(c)(5)
Pub. L. 103–73, § 112(c)(3)(B), struck out heading and text of former par. (5). Text read as follows:
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 103–73, § 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.”
Enacted provision · exact public law section
(B) by striking paragraph (5) and inserting the following: “(5) Adjustment for inflation.— For any fiscal year, beginning in fiscal year 1994, 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 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 100(c)(1), the Commissioner shall increase the minimum allotment under paragraphs (3)(B) and (4)(B) by such percentage change in the Consumer Price Index For All Urban Consumers”;Rehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(4) · 107 Stat. 718
Added · 29 U.S.C. § 794e(d)
Pub. L. 103–73, § 112(c)(4), added subsec. (d)
Struck · 29 U.S.C. § 794e(d)
Pub. L. 103–73, § 112(c)(4), 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) as increased under subsection (c)(5), or to provide allotments in accordance with subsection (c)(4)(B) as increased in accordance with subsection (c)(5), shall be derived by proportionately reducing the allotments of the remaining systems within States under subsection (c)(3), 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).”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–73, § 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) as increased under subsection (c)(5), or to provide allotments in accordance with subsection (c)(4)(B) as increased in accordance with subsection (c)(5), shall be derived by proportionately reducing the allotments of the remaining systems within States under subsection (c)(3), 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).”Enacted provision · exact public law section
(4) by striking subsection (d) and inserting the following: “(d) Proportional Reduction.— To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under subsection (c)(3), 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)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate.”;Rehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(6) · 107 Stat. 718
Redesignated · 29 U.S.C. § 794e(i)
Pub. L. 103–73, § 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)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 103–73, § 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).Enacted provision · exact public law section
(6) in subsection (i), to read as follows: “(i) Notwithstanding subsection (n), a protection and advocacy system that— “(1) received funds for fiscal year 1992, under section 731 of this Act, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, to carry out a project; and “(2) receives a continuation award for such project for fiscal year 1993, shall not be eligible to receive additional funds under this section for fiscal year 1993.”; andRehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(7) · 107 Stat. 718
Added · 29 U.S.C. § 794e(j)
Pub. L. 103–73, § 112(c)(7), added subsec. (j)
Struck · 29 U.S.C. § 794e(j)
Pub. L. 103–73, § 112(c)(7), 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) for the cost of administration of the system required by this section.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 103–73, § 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) for the cost of administration of the system required by this section.”Enacted provision · exact public law section
(7) by striking subsection (j) and inserting the following: “(j) 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) for the cost of the administration of the system required by this section. Such portion may not exceed 5 percent of the allotment.”.Rehabilitation Act Amendments of 1993
Pub. L. 103–73 § 112(c)(5) · 107 Stat. 718
Redesignated · 29 U.S.C. § 794e(n)
Pub. L. 103–73, § 112(c)(5), redesignated subsec. (i) as (n)
Source evidence
Code amendment note
Subsec. (n). Pub. L. 103–73, § 112(c)(5), redesignated subsec. (i) as (n).Enacted provision · exact public law section
(5) by redesignating subsection (i) as subsection (n);Assisted Suicide Funding Restriction Act of 1997
Pub. L. 105–12 § 9(n) · 111 Stat. 23
Added · 29 U.S.C. § 794e(f)(8)
Pub. L. 105–12 added par. (8)
Source evidence
Code amendment note
Subsec. (f)(8). Pub. L. 105–12 added par. (8).Enacted provision · exact public law section
(n) Protection and Advocacy Systems Under the Rehabilitation Act of 1973.— Section 509(f) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(f)) is amended— (1) in paragraph (6), by striking “and” after the semicolon at the end; (2) in paragraph (7), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following paragraph: “(8) not use allotments provided under this section in a manner inconsistent with section 5 of the Assisted Suicide Funding Restriction Act of 1997.”.Effective date note
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.Rehabilitation Act Amendments of 1998
Pub. L. 105–220 title IV § 408(c) · 112 Stat. 936
Amended · 29 U.S.C. § 794e
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(c) Protection and Advocacy of Individual Rights.— Section509 (29 U.S.C. 794e) is amended to read as follows: “SEC. 509. 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 112; and “(B) (i) are ineligible for protection and advocacy programs under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) because the individuals do not have a developmental disability, as defined in section 102 of such Act (42 U.S.C. 6002); and “(ii) are ineligible for services under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42U.S.C. 10801 et seq.) because the individuals are not individuals with mental illness, as defined in section 102of such Act (42 U.S.C. 10802). “(2) Construction.— This section shall not be construed to require the provision of protection and advocacy services that can be provided under the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 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). “(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). “(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 ⅓ 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)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under subsection (c)(3), 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)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), 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) 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 part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 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); “(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 112, the State long-term care ombudsman program established under the Older Americans Act of 1965 (42 U.S.C. 3001et seq.), the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.), and the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42U.S.C. 10801 et seq.); “(6) establish a grievance procedure for clients or prospective Procedures. 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) 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 part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and that meets the requirements of subsection (f). “(2) American Indian consortium.— The term ‘American Indian consortium’ means a consortium established as described in section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).”.Assistive Technology Act of 1998
Pub. L. 105–394 title IV § 402(c) · 112 Stat. 3627
Substituted · 29 U.S.C. § 794e(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.)”
Source evidence
Code amendment note
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.)”.Enacted provision · exact public law section
(c) Protection and Advocacy.— Section 509(a)(2) of the Rehabilitation Act of 1973 (as amended by section 408 of the Workforce Investment Act of 1998) is amended by striking “the 29 USC 794e. Technology-Related Assistance for Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et seq.)” and inserting “the Assistive Technology Act of 1998”.Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 § 401(b)(3)(C) · 114 Stat. 1677
Substituted · 29 U.S.C. § 794e(a)(1)(B)(i); 29 U.S.C. § 794e(a)(1)(f)(2)
Pub. L. 106–402, § 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.)”
Source evidence
Code amendment note
Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106–402, § 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.)”.Enacted provision · exact public law section
(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e) are amended by striking “part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)” and inserting “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000”.Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 § 401(b)(3)(D) · 114 Stat. 1677
Substituted · 29 U.S.C. § 794e(f)(5)(B)
Pub. L. 106–402, § 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.)”
Source evidence
Code amendment note
Subsec. (f)(5)(B). Pub. L. 106–402, § 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.)”.Enacted provision · exact public law section
(D) Section 509(f)(5)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended by striking “Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)” and inserting “Developmental Disabilities Assistance and Bill of Rights Act of 2000”.Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 § 401(b)(3)(C) · 114 Stat. 1677
Substituted · 29 U.S.C. § 794e(m)(1)
Pub. L. 106–402, § 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.)”
Source evidence
Code amendment note
Subsec. (m)(1). Pub. L. 106–402, § 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.)”.Enacted provision · exact public law section
(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e) are amended by striking “part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)” and inserting “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000”.Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 457(1) · 128 Stat. 1425
Inserted · 29 U.S.C. § 794e(c)(1)(A)
Pub. L. 113–128, § 457(1), inserted “a grant, contract, or cooperative agreement for” before “training”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 113–128, § 457(1), inserted “a grant, contract, or cooperative agreement for” before “training”.Enacted provision · exact public law section
(1) in subsection (c)(1)(A), by inserting “a grant, contract, or cooperative agreement for” before “training”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 457(2) · 128 Stat. 1425
Substituted · 29 U.S.C. § 794e(f)(2)
Pub. L. 113–128, § 457(2), substituted “general authorities, including the authority to access records” for “general authorities, including access to records”
Inserted · 29 U.S.C. § 794e(f)(2)
Pub. L. 113–128, § 457(2), inserted “of title I” after “subtitle C”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 113–128, § 457(2), substituted “general authorities, including the authority to access records” for “general authorities, including access to records” and inserted “of title I” after “subtitle C”.Enacted provision · exact public law section
(2) in subsection (f)(2)— (A) by striking “general” and all that follows through “records” and inserting “general authorities, including the authority to access records”; and (B) by inserting “of title I” after “subtitle C”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 457(3) · 128 Stat. 1425
Substituted · 29 U.S.C. § 794e(l)
Pub. L. 113–128, § 457(3), substituted “$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
Source evidence
Code amendment note
Subsec. (l). Pub. L. 113–128, § 457(3), substituted “$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”Enacted provision · exact public law section
(3) in subsection (l), by striking “such sums as may be necessary for each of the fiscal years 1999 through 2003.” and inserting “$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.”.
24 of 25 references resolved to an enrolled provision · 1 partial
Editorial Notes
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, , 114 Stat. 1677, which is classified principally to chapter 144 (§ 15001 et seq.) of Title 42, The Public Health and Welfare. 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. 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, , 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, § 3206(a), , 114 Stat. 1193, and is classified generally to chapter 114 (§ 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, , 112 Stat. 3627, which is classified principally to chapter 31 (§ 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, , 79 Stat. 218, which is classified generally to chapter 35 (§ 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, § 401(a), , 114 Stat. 1737.
Amendments1993–2014 · 5 rounds
2014
Subsec. (c)(1)(A). Pub. L. 113–128, § 457(1), inserted “a grant, contract, or cooperative agreement for” before “training”.
Subsec. (f)(2). Pub. L. 113–128, § 457(2), substituted “general authorities, including the authority to access records” for “general authorities, including access to records” and inserted “of title I” after “subtitle C”.
Subsec. (l). Pub. L. 113–128, § 457(3), substituted “$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
2000
Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106–402, § 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, § 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, § 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, § 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, § 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).
“(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, § 112(c)(3)(A)(i), substituted “paragraph (3)(B)” for “this subsection”.
Subsec. (c)(4)(B). Pub. L. 103–73, § 112(c)(3)(A)(ii), substituted “allotted under paragraph (3)(A)” for “allotted”.
Subsec. (c)(5). Pub. L. 103–73, § 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, § 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) as increased under subsection (c)(5), or to provide allotments in accordance with subsection (c)(4)(B) as increased in accordance with subsection (c)(5), shall be derived by proportionately reducing the allotments of the remaining systems within States under subsection (c)(3), 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).”
Subsec. (i). Pub. L. 103–73, § 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, § 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) for the cost of administration of the system required by this section.”
Subsec. (n). Pub. L. 103–73, § 112(c)(5), redesignated subsec. (i) as (n).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, .
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–12 effective , applicable to Federal payments made pursuant to obligations incurred after , for items and services provided on or after such date, and also applicable with respect to contracts entered into, renewed, or extended after , as well as contracts entered into before , 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.
Credits
1992–2014 · 7 acts
- 1992Pub. L. 93–112, title V, § 509, as added Pub. L. 102–569, title V, § 510(a), , 106 Stat. 4430
- 1993amended Pub. L. 103–73, title I, § 112(c), , 107 Stat. 727
- 1997Pub. L. 105–12, § 9(n), , 111 Stat. 28
- 1998Pub. L. 105–220, title IV, § 408(c), , 112 Stat. 1206
- 1998Pub. L. 105–394, title IV, § 402(c), , 112 Stat. 3662
- 2000Pub. L. 106–402, title IV, § 401(b)(3)(C), (D), , 114 Stat. 1738
- 2014Pub. L. 113–128, title IV, § 457, , 128 Stat. 1676.
Show as published
(Pub. L. 93–112, title V, § 509, as added Pub. L. 102–569, title V, § 510(a), , 106 Stat. 4430; amended Pub. L. 103–73, title I, § 112(c), , 107 Stat. 727; Pub. L. 105–12, § 9(n), , 111 Stat. 28; Pub. L. 105–220, title IV, § 408(c), , 112 Stat. 1206; Pub. L. 105–394, title IV, § 402(c), , 112 Stat. 3662; Pub. L. 106–402, title IV, § 401(b)(3)(C), (D), , 114 Stat. 1738; Pub. L. 113–128, title IV, § 457, , 128 Stat. 1676.)