§ 731 TITLE 29—LABOR Page 228

1So in original. The comma probably should not appear.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 103(c)(2) of Pub. L. 99–506 provided that the

amendment made by that section is effective Oct. 1,

1988.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 707, 721, 725, 728,

731, 750, 795p, 797a of this title; title 42 section 1396n.

§ 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 and development and implementation of the strategic

plan as provided in section 721(a)(34)(A) of this

title. Any State that receives such an amount

shall expend, for development and implementation of the strategic plan, not less than the percentage of the allotment of the State referred to

in section 721(a)(34)(B) of this title.

(2)(A) The total of payments under paragraph

(1) to a State for a fiscal year may not exceed its

allotment under subsection (a),1 of section 730 of

this title for such year and such payments shall

not be made in an amount which would result in

a violation of the provisions of the State plan

required by section 721(a)(17) of this title.

(B)(i) For fiscal year 1993, the amount otherwise payable to a State for a fiscal year under

this section shall be reduced by the amount by

which expenditures from non-Federal sources

under the State plan under this subchapter for

the previous fiscal year are less than the average of the total of such expenditures for the 3

fiscal years preceding the previous fiscal year.

(ii) For fiscal year 1994 and each fiscal year

thereafter, the amount otherwise payable to a

State for a fiscal year under this section shall be

reduced by the amount by which expenditures

from non-Federal sources under the State plan

under this subchapter for the previous fiscal

year are less than the total of such expenditures

for the second fiscal year preceding the previous

fiscal year.

(C) The Commissioner may waive or modify

any requirement or limitation under paragraphs

(A) and (B) if the Commissioner determines that

a waiver or modification is an equitable response to exceptional 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 rehabilitation facilities in such State is determined

pursuant to section 291o(b)(2) of title 42, the percentage of the cost for purposes of this section

shall be determined in accordance with regulations prescribed by the Commissioner designed

to achieve as nearly as practicable results comparable to the results obtained under such section.

(b) Method of computation and payment

The method of computing and paying amounts

pursuant to subsection (a) of this section shall

be as follows:

(1) The Commissioner shall, prior to the beginning of each calendar quarter or other period 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 allotment available therefor, the amount so estimated 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 subsection 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 settlement by the General Accounting 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, 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.)

PRIOR PROVISIONS

Prior similar provisions were contained in former

sections 32 and 36 of this title.

AMENDMENTS

1993—Subsec. (b). Pub. L. 103–73 realigned margins of

pars. (1) and (2).

1992—Subsec. (a)(1). Pub. L. 102–569, §132(1), struck

out ‘‘(including any additional payment to it under section 730(b) of this title)’’ after ‘‘for any fiscal year’’ and

substituted ‘‘State plan and development and implementation of the strategic plan as provided in section

721(a)(34)(A) of this title. Any State that receives such

an amount shall expend, for development and implementation of the strategic plan, not less than the percentage of the allotment of the State referred to in section 721(a)(34)(B) of this title.’’ for ‘‘State plan.’’

Subsec. (a)(2)(A). Pub. L. 102–569, §132(2)(A), struck

out ‘‘(and any additional payment under subsection

(b))’’ after ‘‘subsection (a)’’.

Subsec. (a)(2)(B). Pub. L. 102–569, §132(2)(B), amended

subpar. (B) generally. Prior to amendment, subpar. (B)

read as follows: ‘‘For fiscal year 1990 and each fiscal

year thereafter, the amount otherwise payable to a

State for a fiscal year under this section shall be reduced by the amount by which expenditures from nonFederal sources under the State plan under this subchapter for the previous fiscal year are less than the

average of the total of such expenditures for the three

fiscal years preceding that previous fiscal year.’’
Page 229 TITLE 29—LABOR § 732

Subsec. (a)(3). Pub. L. 102–569, §132(3), added par. (3).

1988—Pub. L. 100–630, §202(e)(1), made technical correction to section number, resulting in no change in

text.

Subsec. (a)(2)(B). Pub. L. 100–630, §202(e)(2)(A), amended subpar. (B) generally. Prior to amendment, subpar.

(B) read as follows: ‘‘The amount otherwise payable to

a State for a fiscal year under this section shall be reduced by any amount by which expenditures from nonFederal sources under the State plan during such year

under this subchapter are less than the average of the

total of such expenditures for the three preceding fiscal

years.’’

Subsec. (b)(1). Pub. L. 100–630, §202(e)(3), struck out

comma after ‘‘such other investigation’’.

1986—Subsec. (a). Pub. L. 99–506, §208, amended subsec. (a) generally. Prior to amendment, subsec. (a) read

as follows: ‘‘From each State’s allotment under this

part for any fiscal year (including any additional payment to it under section 730(b) of this title), the Commissioner shall pay to such State an amount equal to

the Federal share of the cost of vocational rehabilitation services under the plan for such State approved

under section 721 of this title, including expenditures

for the administration of the State plan, except that

the total of such payments to such State for such fiscal

year may not exceed its allotment under subsection (a)

(and its additional payment under subsection (b), if

any) of section 730 of this title for such year and such

payments shall not be made in an amount which would

result in a violation of the provisions of the State plan

required by clause (17) of section 721(a) of this title and

except that the amount otherwise payable to such

State for such year under this section shall be reduced

by the amount (if any) by which expenditures from

non-Federal sources during such year under this subchapter are less than expenditures under the State plan

for the fiscal year ending June 30, 1972, under the Vocational Rehabilitation Act.’’

Subsec. (b)(1). Pub. L. 99–506, §1001(b)(6)(A), substituted ‘‘prescribed by the Commissioner’’ for ‘‘prescribed by him’’.

Subsec. (b)(2). Pub. L. 99–506, §1001(b)(6)(B), substituted ‘‘estimated by the Commissioner’’ for ‘‘estimated by him’’ and ‘‘the Commissioner finds that the’’

for ‘‘he finds that his’’.

1978—Pub. L. 95–602 substituted ‘‘Commissioner’’ for

‘‘Secretary’’ wherever appearing.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 202(e)(2)(B) of Pub. L. 100–630 provided that:

‘‘The amendment made by subparagraph (A) [amending

this section] shall take effect on October 1, 1989.’’

REDUCTION IN PAYMENTS FOR FISCAL YEARS 1987, 1988,

AND 1989

Pub. L. 103–382, title III, §368, Oct. 20, 1994, 108 Stat.

3976, provided that:

‘‘(a) IN GENERAL.—Notwithstanding any provision of

the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the

amount otherwise payable to a State under section 111

of such Act [29 U.S.C. 731] shall be reduced for fiscal

years 1987, 1988, and 1989, by the amount by which expenditures from non-Federal sources under the State

plan under title I of such Act [29 U.S.C. 720 et seq.] for

such year are less than the total of such expenditures

for fiscal year 1972.

‘‘(b) EFFECTIVE DATE.—The amendment made by this

section shall take effect as if included in the Rehabilitation Act Amendments of 1992 [Pub. L. 102–569].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 728a, 730 of

this title; title 5 section 8104.

§ 732. Client assistance program

(a) Establishment of grant program

From funds appropriated under subsection (i)

of this section, the Secretary shall, in accordance with this section, make grants to States to

establish and carry out client assistance programs to provide assistance in informing and advising all clients and client applicants of all

available benefits under this chapter, and, upon

request of such clients or client applicants, to

assist and advocate for such clients or applicants in their relationships with projects, programs, and community rehabilitation programs

providing services to them under this chapter,

including assistance and advocacy in pursuing

legal, administrative, or other appropriate remedies to ensure the protection of the rights of

such individuals under this chapter and to facilitate access to the services funded under this

chapter through individual and systemic advocacy. The client assistance program shall provide information on the available services and

benefits under this chapter and title I of the

Americans with Disabilities Act of 1990 (42

U.S.C. 12111 et seq.) to individuals with disabilities in the State, especially with regard to individuals with disabilities who have traditionally

been unserved or underserved by vocational rehabilitation programs. In providing assistance

and advocacy under this subsection with respect

to services under this subchapter, a client assistance program may provide the assistance

and advocacy with respect to services that are

directly related to facilitating the employment

of the individual.

(b) Existence of State program as requisite to receiving payments

No State may receive payments from its allotment under this chapter in any fiscal year unless the State has in effect not later than October 1, 1984, a client assistance program which—

(1) has the authority to pursue legal, administrative, and other appropriate remedies to

ensure the protection of rights of individuals

with disabilities who are receiving treatments,

services, or rehabilitation under this chapter

within the State; and

(2) meets the requirements of designation

under subsection (c) of this section.

(c) Designation of agency to conduct program

(1)(A) The Governor shall designate a public or

private agency to conduct the client assistance

program under this section. Except as provided

in the last sentence of this paragraph, the Governor shall designate an agency which is independent of any agency which provides treatment, services, or rehabilitation to individuals

under this chapter. If there is an agency in the

State which has, or had, prior to February 22,

1984, served as a client assistance agency under

this section and which received Federal financial assistance under this chapter, the Governor

may, in the initial designation, designate an

agency which provides treatment, services, or

rehabilitation to individuals with disabilities

under this chapter.

(B) The Governor may not redesignate the

agency designated under subparagraph (A) without good cause and unless—

(i) the Governor has given the agency 30

days notice of the intention to make such redesignation, including specification of the

good cause for such redesignation and an opportunity to respond to the assertion that

good cause has been shown;