
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-1]

 
                             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-1. Responsibilities of Commissioner


(a) Approval of State plans

                           (1) In general

        The Commissioner shall approve any State plan submitted under 
    section 796c of this title that the Commissioner determines meets 
    the requirements of section 796c of this title, and shall disapprove 
    any such plan that does not meet such requirements, as soon as 
    practicable after receiving the plan. Prior to such disapproval, the 
    Commissioner shall notify the State of the intention to disapprove 
    the plan, and shall afford such State reasonable notice and 
    opportunity for a hearing.

                           (2) Procedures

        (A) In general

            Except as provided in subparagraph (B), the provisions of 
        subsections (c) and (d) of section 727 of this title shall apply 
        to any State plan submitted to the Commissioner under section 
        796c of this title.

        (B) Application

            For purposes of the application described in subparagraph 
        (A), all references in such provisions--
                (i) to the Secretary shall be deemed to be references to 
            the Commissioner; and
                (ii) to section 721 of this title shall be deemed to be 
            references to section 796c of this title.

(b) Indicators

    Not later than October 1, 1993, the Commissioner shall develop and 
publish in the Federal Register indicators of minimum compliance 
consistent with the standards set forth in section 796f-4 of this title.

(c) Onsite compliance reviews

                             (1) Reviews

        The Commissioner shall annually conduct onsite compliance 
    reviews of at least 15 percent of the centers for independent living 
    that receive funds under section 796f-1 of this title and shall 
    periodically conduct such a review of each such center. The 
    Commissioner shall annually conduct onsite compliance reviews of at 
    least one-third of the designated State units that receive funding 
    under section 796f-2 of this title, and, to the extent necessary to 
    determine the compliance of such a State unit with subsections (f) 
    and (g) of section 796f-2 of this title, centers that receive 
    funding under section 796f-2 of this title in such State. The 
    Commissioner shall select the centers and State units described in 
    this paragraph for review on a random basis.

         (2) Qualifications of employees conducting reviews

        The Commissioner shall--
            (A) to the maximum extent practicable, carry out such a 
        review by using employees of the Department who are 
        knowledgeable about the provision of independent living 
        services;
            (B) ensure that the employee of the Department with 
        responsibility for supervising such a review shall have such 
        knowledge; and
            (C) ensure that at least one member of a team conducting 
        such a review shall be an individual who--
                (i) is not a government employee; and
                (ii) has experience in the operation of centers for 
            independent living.

(d) Reports

    The Commissioner shall include, in the annual report required under 
section 710 of this title, information on the extent to which centers 
for independent living receiving funds under subpart 3 have complied 
with the standards and assurances set forth in section 796f-4 of this 
title. The Commissioner may identify individual centers for independent 
living in the analysis. The Commissioner shall report the results of 
onsite compliance reviews, identifying individual centers for 
independent living and other recipients of assistance under this part.

(Pub. L. 93-112, title VII, Sec. 706, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1223.)


                            Prior Provisions

    A prior section 796d-1, Pub. L. 93-112, title VII, Sec. 706, as 
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 
4448; amended Pub. L. 103-73, title I, Sec. 114(d), Aug. 11, 1993, 107 
Stat. 729, related to responsibilities of Commissioner, prior to the 
general amendment of this subchapter by Pub. L. 105-220.
    Another prior section 796d-1, Pub. L. 93-112, title VII, Sec. 706, 
as added Pub. L. 99-506, title VIII, Sec. 803(a), Oct. 21, 1986, 100 
Stat. 1837; amended Pub. L. 100-630, title II, Sec. 208(e), Nov. 7, 
1988, 102 Stat. 3314, provided for a State Independent Living Council, 
prior to repeal by Pub. L. 102-569, Sec. 701(1).

                  Section Referred to in Other Sections

    This section is referred to in sections 796e, 796e-1, 796f of this 
title.
