
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: 29USC796d]

 
                             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. 796d. Statewide Independent Living Council


(a) Establishment

    To be eligible to receive financial assistance under this part, each 
State shall establish a Statewide Independent Living Council (referred 
to in this section as the ``Council''). The Council shall not be 
established as an entity within a State agency.

(b) Composition and appointment

                           (1) Appointment

        Members of the Council shall be appointed by the Governor or, in 
    the case of a State that, under State law, vests authority for the 
    administration of the activities carried out under this chapter in 
    an entity other than the Governor (such as one or more houses of the 
    State legislature or an independent board), the chief officer of 
    that entity. The appointing authority shall select members after 
    soliciting recommendations from representatives of organizations 
    representing a broad range of individuals with disabilities and 
    organizations interested in individuals with disabilities.

                           (2) Composition

        The Council shall include--
            (A) at least one director of a center for independent living 
        chosen by the directors of centers for independent living within 
        the State;
            (B) as ex officio, nonvoting members--
                (i) a representative from the designated State unit; and
                (ii) representatives from other State agencies that 
            provide services for individuals with disabilities; and

            (C) in a State in which one or more projects are carried out 
        under section 741 of this title, at least one representative of 
        the directors of the projects.

                       (3) Additional members

        The Council may include--
            (A) other representatives from centers for independent 
        living;
            (B) parents and guardians of individuals with disabilities;
            (C) advocates of and for individuals with disabilities;
            (D) representatives from private businesses;
            (E) representatives from organizations that provide services 
        for individuals with disabilities; and
            (F) other appropriate individuals.

                         (4) Qualifications

        (A) In general

            The Council shall be composed of members--
                (i) who provide statewide representation;
                (ii) who represent a broad range of individuals with 
            disabilities from diverse backgrounds;
                (iii) who are knowledgeable about centers for 
            independent living and independent living services; and
                (iv) a majority of whom are persons who are--
                    (I) individuals with disabilities described in 
                section 705(20)(B) of this title; and
                    (II) not employed by any State agency or center for 
                independent living.

        (B) Voting members

            A majority of the voting members of the Council shall be--
                (i) individuals with disabilities described in section 
            705(20)(B) of this title; and
                (ii) not employed by any State agency or center for 
            independent living.

                           (5) Chairperson

        (A) In general

            Except as provided in subparagraph (B), the Council shall 
        select a chairperson from among the voting membership of the 
        Council.

        (B) Designation by chief executive officer

            In States in which the Governor does not have veto power 
        pursuant to State law, the appointing authority described in 
        paragraph (3) shall designate a voting member of the Council to 
        serve as the chairperson of the Council or shall require the 
        Council to so designate such a voting member.

                      (6) Terms of appointment

        (A) Length of term

            Each member of the Council shall serve for a term of 3 
        years, except that--
                (i) a member appointed to fill a vacancy occurring prior 
            to the expiration of the term for which a predecessor was 
            appointed, shall be appointed for the remainder of such 
            term; and
                (ii) the terms of service of the members initially 
            appointed shall be (as specified by the appointing authority 
            described in paragraph (3)) for such fewer number of years 
            as will provide for the expiration of terms on a staggered 
            basis.

        (B) Number of terms

            No member of the Council may serve more than two consecutive 
        full terms.

                            (7) Vacancies

        (A) In general

            Except as provided in subparagraph (B), any vacancy 
        occurring in the membership of the Council shall be filled in 
        the same manner as the original appointment. The vacancy shall 
        not affect the power of the remaining members to execute the 
        duties of the Council.

        (B) Delegation

            The appointing authority described in paragraph (3) may 
        delegate the authority to fill such a vacancy to the remaining 
        voting members of the Council after making the original 
        appointment.

(c) Duties

    The Council shall--
        (1) jointly develop and sign (in conjunction with the designated 
    State unit) the State plan required in section 796c of this title;
        (2) monitor, review, and evaluate the implementation of the 
    State plan;
        (3) coordinate activities with the State Rehabilitation Council 
    established under section 725 of this title, if the State has such a 
    Council, or the commission described in section 721(a)(21)(A) of 
    this title, if the State has such a commission, and councils that 
    address the needs of specific disability populations and issues 
    under other Federal law;
        (4) ensure that all regularly scheduled meetings of the 
    Statewide Independent Living Council are open to the public and 
    sufficient advance notice is provided; and
        (5) submit to the Commissioner such periodic reports as the 
    Commissioner may reasonably request, and keep such records, and 
    afford such access to such records, as the Commissioner finds 
    necessary to verify such reports.

(d) Hearings and forums

    The Council is authorized to hold such hearings and forums as the 
Council may determine to be necessary to carry out the duties of the 
Council.

(e) Plan

                           (1) In general

        The Council shall prepare, in conjunction with the designated 
    State unit, a plan for the provision of such resources, including 
    such staff and personnel, as may be necessary and sufficient to 
    carry out the functions of the Council under this section, with 
    funds made available under this part, and under section 730 of this 
    title (consistent with section 721(a)(18) of this title), and from 
    other public and private sources. The resource plan shall, to the 
    maximum extent possible, rely on the use of resources in existence 
    during the period of implementation of the plan.

                   (2) Supervision and evaluation

        Each Council shall, consistent with State law, supervise and 
    evaluate such staff and other personnel as may be necessary to carry 
    out the functions of the Council under this section.

                      (3) Conflict of interest

        While assisting the Council in carrying out its duties, staff 
    and other personnel shall not be assigned duties by the designated 
    State agency or any other agency or office of the State, that would 
    create a conflict of interest.

(f) Compensation and expenses

    The Council may use such resources to reimburse members of the 
Council for reasonable and necessary expenses of attending Council 
meetings and performing Council duties (including child care and 
personal assistance services), and to pay compensation to a member of 
the Council, if such member is not employed or must forfeit wages from 
other employment, for each day the member is engaged in performing 
Council duties.

(Pub. L. 93-112, title VII, Sec. 705, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1220; amended Pub. L. 105-277, 
div. A, Sec. 101(f) [title VIII, Sec. 402(c)(7)], Oct. 21, 1998, 112 
Stat. 2681-337, 2681-416.)


                            Prior Provisions

    A prior section 796d, Pub. L. 93-112, title VII, Sec. 705, as added 
Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 4446; 
amended Pub. L. 103-73, title I, Sec. 114(c), Aug. 11, 1993, 107 Stat. 
728, related to Statewide Independent Living Councils, prior to the 
general amendment of this subchapter by Pub. L. 105-220.
    Another prior section 796d, Pub. L. 93-112, title VII, Sec. 705, as 
added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 2997; 
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(B), (C), (h)(2), title 
VIII, Sec. 802, title X, Sec. 1001(g)(3), Oct. 21, 1986, 100 Stat. 1810, 
1811, 1837, 1843; Pub. L. 100-630, title II, Sec. 208(d), Nov. 7, 1988, 
102 Stat. 3314; Pub. L. 102-119, Sec. 26(e), Oct. 7, 1991, 105 Stat. 
607, related to State plans for providing comprehensive services for 
independent living, prior to repeal by Pub. L. 102-569, Sec. 701(1).


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 402(c)(7)(A)], in first sentence, substituted ``by the Governor or, 
in the case of a State that, under State law, vests authority for the 
administration of the activities carried out under this chapter in an 
entity other than the Governor (such as one or more houses of the State 
legislature or an independent board), the chief officer of that entity'' 
for ``by the Governor'' and, in second sentence, substituted ``The 
appointing authority'' for ``The Governor''.
    Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 402(c)(7)(B)], substituted ``chief executive officer'' for 
``Governor'' in heading and ``appointing authority described in 
paragraph (3) shall'' for ``Governor shall'' in text.
    Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f) [title 
VIII, Sec. 402(c)(7)(C)], substituted ``appointing authority described 
in paragraph (3)'' for ``Governor''.

                  Section Referred to in Other Sections

    This section is referred to in sections 721, 725, 796, 796c, 796e-2 
of this title.
