29 U.S. Code § 796c - State plan
prev | next
(a) In general
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—
(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—
(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
The plan shall—
(1) specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and
(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.
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.
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
(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.
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.
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;
(A) maintain records that fully disclose—
(ii) the total cost of the project or undertaking in connection with which such financial assistance is given or used; and
(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
(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
Source(Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410,Aug. 7, 1998, 112 Stat. 1218.)
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 expenditures, prior to repeal by Pub. L. 102–569, § 701(1).
LII has no control over and does not endorse any external Internet site that contains links to or references LII.