
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC796c]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
SUBCHAPTER VII--INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT 
                                 LIVING
 
            Part A--Individuals With Significant Disabilities
 
                      subpart 1--general provisions
 
Sec. 796c. State plan


(a) In general

                           (1) Requirement

        To be eligible to receive financial assistance under this part, 
    a State shall submit to the Commissioner, and obtain approval of, a 
    State plan containing such provisions as the Commissioner may 
    require, including, at a minimum, the provisions required in this 
    section.

                        (2) Joint development

        The plan under paragraph (1) shall be jointly developed and 
    signed by--
            (A) the director of the designated State unit; and
            (B) the chairperson of the Statewide Independent Living 
        Council, acting on behalf of and at the direction of the 
        Council.

                  (3) Periodic review and revision

        The plan shall provide for the review and revision of the plan, 
    not less than once every 3 years, to ensure the existence of 
    appropriate planning, financial support and coordination, and other 
    assistance to appropriately address, on a statewide and 
    comprehensive basis, needs in the State for--
            (A) the provision of State independent living services;
            (B) the development and support of a statewide network of 
        centers for independent living; and
            (C) working relationships between--
                (i) programs providing independent living services and 
            independent living centers; and
                (ii) the vocational rehabilitation program established 
            under subchapter I of this chapter, and other programs 
            providing services for individuals with disabilities.

                       (4) Date of submission

        The State shall submit the plan to the Commissioner 90 days 
    before the completion date of the preceding plan. If a State fails 
    to submit such a plan that complies with the requirements of this 
    section, the Commissioner may withhold financial assistance under 
    this part until such time as the State submits such a plan.

(b) Statewide Independent Living Council

    The plan shall provide for the establishment of a Statewide 
Independent Living Council in accordance with section 796d of this 
title.

(c) Designation of State unit

    The plan shall designate the designated State unit of such State as 
the agency that, on behalf of the State, shall--
        (1) receive, account for, and disburse funds received by the 
    State under this part based on the plan;
        (2) provide administrative support services for a program under 
    subpart 2, and a program under subpart 3 in a case in which the 
    program is administered by the State under section 796f-2 of this 
    title;
        (3) keep such records and afford such access to such records as 
    the Commissioner finds to be necessary with respect to the programs; 
    and
        (4) submit such additional information or provide such 
    assurances as the Commissioner may require with respect to the 
    programs.

(d) Objectives

    The plan shall--
        (1) specify the objectives to be achieved under the plan and 
    establish timelines for the achievement of the objectives; and
        (2) explain how such objectives are consistent with and further 
    the purpose of this part.

(e) Independent living services

    The plan shall provide that the State will provide independent 
living services under this part to individuals with significant 
disabilities, and will provide the services to such an individual in 
accordance with an independent living plan mutually agreed upon by an 
appropriate staff member of the service provider and the individual, 
unless the individual signs a waiver stating that such a plan is 
unnecessary.

(f) Scope and arrangements

    The plan shall describe the extent and scope of independent living 
services to be provided under this part to meet such objectives. If the 
State makes arrangements, by grant or contract, for providing such 
services, such arrangements shall be described in the plan.

(g) Network

    The plan shall set forth a design for the establishment of a 
statewide network of centers for independent living that comply with the 
standards and assurances set forth in section 796f-4 of this title.

(h) Centers

    In States in which State funding for centers for independent living 
equals or exceeds the amount of funds allotted to the State under 
subpart 3, as provided in section 796f-2 of this title, the plan shall 
include policies, practices, and procedures governing the awarding of 
grants to centers for independent living and oversight of such centers 
consistent with section 796f-2 of this title.

(i) Cooperation, coordination, and working relationships among various 
        entities

    The plan shall set forth the steps that will be taken to maximize 
the cooperation, coordination, and working relationships among--
        (1) the independent living rehabilitation service program, the 
    Statewide Independent Living Council, and centers for independent 
    living; and
        (2) the designated State unit, other State agencies represented 
    on such Council, other councils that address the needs of specific 
    disability populations and issues, and other public and private 
    entities determined to be appropriate by the Council.

(j) Coordination of services

    The plan shall describe how services funded under this part will be 
coordinated with, and complement, other services, in order to avoid 
unnecessary duplication with other Federal, State, and local programs.

(k) Coordination between Federal and State sources

    The plan shall describe efforts to coordinate Federal and State 
funding for centers for independent living and independent living 
services.

(l) Outreach

    With respect to services and centers funded under this part, the 
plan shall set forth steps to be taken regarding outreach to populations 
that are unserved or underserved by programs under this subchapter, 
including minority groups and urban and rural populations.

(m) Requirements

    The plan shall provide satisfactory assurances that all recipients 
of financial assistance under this part will--
        (1) notify all individuals seeking or receiving services under 
    this part about the availability of the client assistance program 
    under section 732 of this title, the purposes of the services 
    provided under such program, and how to contact such program;
        (2) take affirmative action to employ and advance in employment 
    qualified individuals with disabilities on the same terms and 
    conditions required with respect to the employment of such 
    individuals under the provisions of section 793 of this title;
        (3) adopt such fiscal control and fund accounting procedures as 
    may be necessary to ensure the proper disbursement of and accounting 
    for funds paid to the State under this part;
        (4)(A) maintain records that fully disclose--
            (i) the amount and disposition by such recipient of the 
        proceeds of such financial assistance;
            (ii) the total cost of the project or undertaking in 
        connection with which such financial assistance is given or 
        used; and
            (iii) the amount of that portion of the cost of the project 
        or undertaking supplied by other sources;

        (B) maintain such other records as the Commissioner determines 
    to be appropriate to facilitate an effective audit;
        (C) afford such access to records maintained under subparagraphs 
    (A) and (B) as the Commissioner determines to be appropriate; and
        (D) submit such reports with respect to such records as the 
    Commissioner determines to be appropriate;
        (5) provide access to the Commissioner and the Comptroller 
    General or any of their duly authorized representatives, for the 
    purpose of conducting audits and examinations, of any books, 
    documents, papers, and records of the recipients that are pertinent 
    to the financial assistance received under this part; and
        (6) provide for public hearings regarding the contents of the 
    plan during both the formulation and review of the plan.

(n) Evaluation

    The plan shall establish a method for the periodic evaluation of the 
effectiveness of the plan in meeting the objectives established in 
subsection (d) of this section, including evaluation of satisfaction by 
individuals with disabilities.

(Pub. L. 93-112, title VII, Sec. 704, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)


                            Prior Provisions

    A prior section 796c, Pub. L. 93-112, title VII, Sec. 704, as added 
Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 4444; 
amended Pub. L. 103-73, title I, Sec. 114(b), Aug. 11, 1993, 107 Stat. 
728, related to State plans, prior to the general amendment of this 
subchapter by Pub. L. 105-220.
    Another prior section 796c, Pub. L. 93-112, title VII, Sec. 704, as 
added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 2997; 
amended Pub. L. 100-630, title II, Sec. 208(c), Nov. 7, 1988, 102 Stat. 
3314, related to payments to States from allotments to pay Federal share 
of expenditures, prior to repeal by Pub. L. 102-569, Sec. 701(1).

                  Section Referred to in Other Sections

    This section is referred to in sections 764, 796d, 796d-1, 796f-1, 
796f-2, 796f-4, 796k of this title.
