Page:United States Statutes at Large Volume 98 Part 1.djvu/69

 PUBLIC LAW 98-221—FEB. 22, 1984

98 STAT. 21

handicapped individuals who are receiving treatments, services, or rehabilitation under this Act within the State; and "(2) meets the requirements of designation under subsection (c). "(c)(1) 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 Act. If there is an agency in the State which has, or had, prior to the date of enactment of the Rehabilitation Amendments of 1984, ^"^«' P- i'^served as a client assistance agency under this section and which received Federal financial assistance under this Act, the Governor may designate an agency which provides treatment, services, or rehabilitation to handicapped individuals under this Act. "(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 handicapped individuals 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) The agency designated under subsection (c) of this section may not bring any class action in carrying out its responsibilities under this section. "(e)(1)(A) The Secretary shall allot the sums appropriated for each fiscal year under this section among the States on the basis of relative population of each State, except that no State shall receive less than $50,000. "(B) The Secretary shall allot $30,000 each to American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(C) For the purpose of this paragraph, the term 'State' does not include American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(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 from time to time on such dates he may fix 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)(A) The Secretary shall pay to the Governor from the allotment of the State the amount specified in the application approved under subsection (f). "(B) For the purpose of this paragraph and subsection (c), the term 'Governor' means the chief executive of the State. "(f) No grant may be made under this section unless the State submits an application to the Secretary at such time, in such

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