29 U.S.C. § 796c — State plan

Page 320 TITLE 29—LABOR § 796b 92 Stat. 2995; amended Pub. L. 99–506, title I, § 103(d)(2)(A), (C), title VIII, § 801, title X, §§ 1001(g)(1), 1002(h), Oct. 21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub. L. 100–630, title II, § 208(a), Nov. 7, 1988, 102 Stat. 3314, provided eligibility requirements and definition of ‘‘comprehensive services for independent living’’, prior to repeal by Pub. L. 102–569, § 701(1). AMENDMENTS 2014—Par. (1). Pub. L. 113–128, § 473(4), added par. (1). Former par. (1) redesignated (2). Pub. L. 113–128, § 473(1)(A), inserted ‘‘for individuals with significant disabilities (regardless of age or in- come)’’ before ‘‘that—’’ in introductory provisions. Par. (1)(B). Pub. L. 113–128, § 473(1)(B), inserted ‘‘, including, at a minimum, independent living core services as defined in section 705(17) of this title’’ be- fore period at end. Par. (2). Pub. L. 113–128, § 473(3), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 113–128, § 473(2), inserted ‘‘, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center’’ before period at end. Par. (3). Pub. L. 113–128, § 473(3), redesignated par. (2) as (3). § 796b. Eligibility for receipt of services Services may be provided under this part to any individual with a significant disability, as defined in section 705(21)(B) of this title. (Pub. L. 93–112, title VII, § 703, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218.) Editorial Notes PRIOR PROVISIONS A prior section 796b, Pub. L. 93–112, title VII, § 703, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4444, related to eligibility for receipt of services, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 796b, Pub. L. 93–112, title VII, § 703, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2996; amended Pub. L. 99–506, title X, § 1001(g)(2), Oct. 21, 1986, 100 Stat. 1843; Pub. L. 100–630, title II, § 208(b), Nov. 7, 1988, 102 Stat. 3314, related to State allotments for comprehensive services for inde- pendent living, prior to repeal by Pub. L. 102–569, § 701(1). § 796c. State plan (a) In general (1) Requirement To be eligible to receive financial assistance under this part, a State shall submit to the Administrator, and obtain approval of, a State plan developed and signed in accordance with paragraph (2), containing such provisions as the Administrator may require, including, at a minimum, the provisions required in this sec- tion. (2) Joint development The plan under paragraph (1) shall be joint- ly— (A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and (B) signed by— (i) the chairperson of the Statewide Inde- pendent Living Council, acting on behalf of and at the direction of the Council; (ii) the director of the designated State entity described in subsection (c); and (iii) not less than 51 percent of the direc- tors of the centers for independent living in the State. (3) Periodic review and revision The plan shall provide for the review and re- vision 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 independent living services in the State; (B) the development and support of a statewide network of centers for inde- pendent living; and (C) working relationships and collabora- tion between— (i) centers for independent living; and (ii)(I) entities carrying out programs that provide independent living services, including those serving older individuals; (II) other community-based organiza- tions that provide or coordinate the provi- sion of housing, transportation, employ- ment, information and referral assistance, services, and supports for individuals with significant disabilities; and (III) entities carrying out other pro- grams providing services for individuals with disabilities. (4) Date of submission The State shall submit the plan to the Ad- ministrator 90 days before the completion date of the preceding plan. If a State fails to sub- mit such a plan that complies with the re- quirements of this section, the Administrator may withhold financial assistance under this part until such time as the State submits such a plan. (5) Statewideness The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent pos- sible. (b) Statewide Independent Living Council The plan shall provide for the establishment of a Statewide Independent Living Council in ac- cordance with section 796d of this title. (c) Designation of State entity The plan shall designate a State entity of such State (referred to in this subchapter as the ‘‘des- ignated State entity’’) as the agency that, on be- half 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 Administrator finds to be necessary with respect to the programs; Page 321 TITLE 29—LABOR § 796c (4) submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and (5) retain not more than 5 percent of the funds received by the State for any fiscal year under subpart 2, for the performance of the services outlined in paragraphs (1) through (4). (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 con- sistent with and further the purpose of this part. (e) Independent living services The plan shall provide that the State will pro- vide 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 mu- tually agreed upon by an appropriate staff mem- ber 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 estab- lishment of a statewide network of centers for independent living that comply with the stand- ards 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 sub- part 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 rela- tionships among various entities The plan shall set forth the steps that will be taken to maximize the cooperation, coordina- tion, and working relationships among— (1) the Statewide Independent Living Coun- cil; (2) centers for independent living; (3) the designated State entity; and (4) other State agencies or entities rep- resented on the Council, other councils that address the needs and issues of specific dis- ability populations, and other public and pri- vate 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 inde- pendent 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 con- tact such program; (2) take affirmative action to employ and ad- vance in employment qualified individuals with disabilities on the same terms and condi- tions required with respect to the employment of such individuals under the provisions of sec- tion 793 of this title; (3) adopt such fiscal control and fund ac- counting procedures as may be necessary to ensure the proper disbursement of and ac- counting for funds paid to the State under this part; (4)(A) maintain records that fully disclose— (i) the amount and disposition by such re- cipient of the proceeds of such financial as- sistance; (ii) the total cost of the project or under- taking in connection with which such finan- cial 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 Ad- ministrator determines to be appropriate to facilitate an effective audit; (C) afford such access to records maintained under subparagraphs (A) and (B) as the Admin- istrator determines to be appropriate; and (D) submit such reports with respect to such records as the Administrator determines to be appropriate; (5) provide access to the Administrator 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 formula- tion and review of the plan. (n) Evaluation The plan shall establish a method for the peri- odic evaluation of the effectiveness of the plan Page 322 TITLE 29—LABOR § 796d in meeting the objectives established in sub- section (d), including evaluation of satisfaction by individuals with disabilities. (o) Promoting full access to community life The plan shall describe how the State will pro- vide independent living services described in section 705(18) of this title that promote full ac- cess to community life for individuals with sig- nificant disabilities. (Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218; amended Pub. L. 113–128, title IV, § 474, July 22, 2014, 128 Stat. 1686.) Editorial Notes PRIOR PROVISIONS A prior section 796c, Pub. L. 93–112, title VII, § 704, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4444; amended Pub. L. 103–73, title I, § 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, § 704, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2997; amended Pub. L. 100–630, title II, § 208(c), Nov. 7, 1988, 102 Stat. 3314, related to payments to States from allotments to pay Federal share of expend- itures, prior to repeal by Pub. L. 102–569, § 701(1). AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 474(1)(A), sub- stituted ‘‘Administrator’’ for ‘‘Commissioner’’ in two places and inserted ‘‘developed and signed in accord- ance with paragraph (2),’’ after ‘‘State plan’’. Subsec. (a)(2). Pub. L. 113–128, § 474(1)(B), struck out ‘‘developed and signed by’’ after ‘‘jointly’’ in introduc- tory provisions, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows: ‘‘(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.’’ Subsec. (a)(3)(A). Pub. L. 113–128, § 474(1)(C)(i), sub- stituted ‘‘independent living services in the State’’ for ‘‘State independent living services’’. Subsec. (a)(3)(C). Pub. L. 113–128, § 474(1)(C)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘(C) working relationships between— ‘‘(i) programs providing independent living services and independent living centers; and ‘‘(ii) the vocational rehabilitation program estab- lished under subchapter I of this chapter, and other programs providing services for individuals with dis- abilities.’’ Subsec. (a)(4). Pub. L. 113–128, § 474(1)(D), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ in two places. Subsec. (a)(5). Pub. L. 113–128, § 474(1)(E), added par. (5). Subsec. (c). Pub. L. 113–128, § 474(2)(A), (B), sub- stituted ‘‘entity’’ for ‘‘unit’’ in heading and ‘‘a State entity of such State (referred to in this subchapter as the ‘designated State entity’)’’ for ‘‘the designated State unit of such State’’ in introductory provisions. Subsec. (c)(3), (4). Pub. L. 113–128, § 474(2)(C), sub- stituted ‘‘Administrator’’ for ‘‘Commissioner’’. Subsec. (c)(5). Pub. L. 113–128, § 474(2)(D)–(F), added par. (5). Subsec. (i). Pub. L. 113–128, § 474(3), added pars. (1) to (4) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) the independent living rehabilitation service pro- gram, 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 ad- dress the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the Council.’’ Subsec. (m)(4), (5). Pub. L. 113–128, § 474(4), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appear- ing. Subsec. (o). Pub. L. 113–128, § 474(5), added subsec. (o). § 796d. Statewide Independent Living Council (a) Establishment To be eligible to receive financial assistance under this part, each State shall establish and maintain a Statewide Independent Living Coun- cil (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 ad- ministration 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 au- thority shall select members after soliciting recommendations from representatives of or- ganizations representing a broad range of indi- viduals with disabilities and organizations in- terested in individuals with disabilities. (2) Composition The Council shall include— (A) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for inde- pendent living within the State; (B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and (C) as ex officio, nonvoting members, a representative of the designated State enti- ty, and representatives from State agencies that provide services for individuals with disabilities. (3) Additional members The Council may include— (A) other representatives from centers for independent living; (B) individuals with disabilities; (C) parents and guardians of individuals with disabilities; (D) advocates of and for individuals with disabilities; (E) representatives from private busi- nesses; (F) representatives from organizations that provide services for individuals with disabilities; and (G) other appropriate individuals. (4) Qualifications (A) In general The Council shall be composed of mem- bers—