Title 29 — Labor
Part A · Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 796c. State plan
Statutory text
In general
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 section.
Joint development
The plan under paragraph (1) shall be jointly—
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
signed by—
the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council;
the director of the designated State entity described in subsection (c); and
not less than 51 percent of the directors of the centers for independent living in the State.
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—
the provision of independent living services in the State;
the development and support of a statewide network of centers for independent living; and
working relationships and collaboration between—
centers for independent living; and
entities carrying out programs that provide independent living services, including those serving older individuals;
other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and
entities carrying out other programs providing services for individuals with disabilities.
Date of submission
The State shall submit the plan to the Administrator 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 Administrator may withhold financial assistance under this part until such time as the State submits such a plan.
Statewideness
The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible.
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.
Designation of State entity
The plan shall designate a State entity of such State (referred to in this subchapter as the “designated State entity”) as the agency that, on behalf of the State, shall—
receive, account for, and disburse funds received by the State under this part based on the plan;
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;
keep such records and afford such access to such records as the Administrator finds to be necessary with respect to the programs;
submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and
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).
Objectives
The plan shall—
specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and
explain how such objectives are consistent with and further the purpose of this part.
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.
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.
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.
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.
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—
the Statewide Independent Living Council;
centers for independent living;
the designated State entity; and
other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council.
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.
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.
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.
Requirements
The plan shall provide satisfactory assurances that all recipients of financial assistance under this part will—
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;
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;
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;
maintain records that fully disclose—
the amount and disposition by such recipient of the proceeds of such financial assistance;
the total cost of the project or undertaking in connection with which such financial assistance is given or used; and
the amount of that portion of the cost of the project or undertaking supplied by other sources;
maintain such other records as the Administrator determines to be appropriate to facilitate an effective audit;
afford such access to records maintained under subparagraphs (A) and (B) as the Administrator determines to be appropriate; and
submit such reports with respect to such records as the Administrator determines to be appropriate;
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
provide for public hearings regarding the contents of the plan during both the formulation and review of the plan.
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), including evaluation of satisfaction by individuals with disabilities.
Promoting full access to community life
The plan shall describe how the State will provide independent living services described in section 705(18) of this title that promote full access to community life for individuals with significant disabilities.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rehabilitation Act of 1973
Pub. L. 93–112 title VII § 704 · 87 Stat. 355
Enacted · 29 U.S.C. § 796c
Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218
Source evidence
Code source credit
Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(1)(A) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796c(a)(1)
Pub. L. 113–128, § 474(1)(A), substituted “Administrator” for “Commissioner” in two places
Inserted · 29 U.S.C. § 796c(a)(1)
Pub. L. 113–128, § 474(1)(A), inserted “developed and signed in accordance with paragraph (2),” after “State plan”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 113–128, § 474(1)(A), substituted “Administrator” for “Commissioner” in two places and inserted “developed and signed in accordance with paragraph (2),” after “State plan”.Enacted provision · exact public law section
(A) in paragraph (1)— (i) by inserting after “State plan” the following: “developed and signed in accordance with paragraph (2),”; and (ii) by striking “Commissioner” each place it appears and inserting “Administrator”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(1)(B) · 128 Stat. 1425
Struck · 29 U.S.C. § 796c(a)(2)
Pub. L. 113–128, § 474(1)(B), struck out “developed and signed by” after “jointly” in introductory provisions
Added · 29 U.S.C. § 796c(a)(2)
Pub. L. 113–128, § 474(1)(B), added subpars. (A) and (B)
Struck · 29 U.S.C. § 796c(a)(2)
Pub. L. 113–128, § 474(1)(B), struck out former subpars. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 113–128, § 474(1)(B), struck out “developed and signed by” after “jointly” in introductory 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.”
Enacted provision · exact public law section
(B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking “developed and signed by”; and (ii) by striking subparagraphs (A) and (B) and inserting the following: “(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 Independent 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 directors of the centers for independent living in the State.” ;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(1)(C)(i) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796c(a)(3)(A)
Pub. L. 113–128, § 474(1)(C)(i), substituted “independent living services in the State” for “State independent living services”
Source evidence
Code amendment note
Subsec. (a)(3)(A). Pub. L. 113–128, § 474(1)(C)(i), substituted “independent living services in the State” for “State independent living services”.Enacted provision · exact public law section
(i) in subparagraph (A), by striking “State independent living services” and inserting “independent living services in the State”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(1)(C)(ii) · 128 Stat. 1425
Added · 29 U.S.C. § 796c(a)(3)(C)
Pub. L. 113–128, § 474(1)(C)(ii), added subpar. (C)
Struck · 29 U.S.C. § 796c(a)(3)(C)
Pub. L. 113–128, § 474(1)(C)(ii), struck out former subpar. (C) which read as follows:
Source evidence
Code amendment note
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 established under subchapter I of this chapter, and other programs providing services for individuals with disabilities.”
Enacted provision · exact public law section
(ii) by striking subparagraph (C) and inserting the following: “(C) working relationships and collaboration 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 organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and “(III) entities carrying out other programs providing services for individuals with disabilities.” .Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(1)(D) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796c(a)(4)
Pub. L. 113–128, § 474(1)(D), substituted “Administrator” for “Commissioner” in two places
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 113–128, § 474(1)(D), substituted “Administrator” for “Commissioner” in two places.Enacted provision · exact public law section
(D) in paragraph (4), by striking “Commissioner” each place it appears and inserting “Administrator”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(1)(E) · 128 Stat. 1425
Added · 29 U.S.C. § 796c(a)(5)
Pub. L. 113–128, § 474(1)(E), added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 113–128, § 474(1)(E), added par. (5).Enacted provision · exact public law section
(E) by adding at the end the following: “(5) Statewideness.— The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible.” ;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(2)(A) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796c(c)
Pub. L. 113–128, § 474(2)(A), (B), substituted “entity” for “unit” in introductory provisions
Substituted · 29 U.S.C. § 796c(c)
Pub. L. 113–128, § 474(2)(A), (B), substituted “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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–128, § 474(2)(A), (B), substituted “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.Enacted provision · exact public law section
(A) in the subsection heading, by striking “Unit” and inserting “Entity”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(2)(C) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796c(c)(3); 29 U.S.C. § 796c(c)(4)
Pub. L. 113–128, § 474(2)(C), substituted “Administrator” for “Commissioner”
Source evidence
Code amendment note
Subsec. (c)(3), (4). Pub. L. 113–128, § 474(2)(C), substituted “Administrator” for “Commissioner”.Enacted provision · exact public law section
(C) in paragraphs (3) and (4), by striking “Commissioner” each place it appears and inserting “Administrator”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(2)(D) · 128 Stat. 1425
Added · 29 U.S.C. § 796c(c)(5)
Pub. L. 113–128, § 474(2)(D)–(F), added par. (5)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 113–128, § 474(2)(D)–(F), added par. (5).Enacted provision · exact public law section
(D) in paragraph (3), by striking “and” at the end;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(3) · 128 Stat. 1425
Added · 29 U.S.C. § 796c(i)
Pub. L. 113–128, § 474(3), added pars. (1) to (4)
Struck · 29 U.S.C. § 796c(i)
Pub. L. 113–128, § 474(3), struck out former pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
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 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.”
Enacted provision · exact public law section
(3) in subsection (i), by striking paragraphs (1) and (2) and inserting the following: “(1) the Statewide Independent Living Council; “(2) centers for independent living; “(3) the designated State entity; and “(4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council.” ;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(4) · 128 Stat. 1425
Substituted · 29 U.S.C. § 796c(m)(4); 29 U.S.C. § 796c(m)(5)
Pub. L. 113–128, § 474(4), substituted “Administrator” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsec. (m)(4), (5). Pub. L. 113–128, § 474(4), substituted “Administrator” for “Commissioner” wherever appearing.Enacted provision · exact public law section
(4) in subsection (m)— (A) in paragraph (4), by striking “Commissioner” each place it appears and inserting “Administrator”; and (B) in paragraph (5), by striking “Commissioner” and inserting “Administrator”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 474(5) · 128 Stat. 1425
Added · 29 U.S.C. § 796c(o)
Pub. L. 113–128, § 474(5), added subsec. (o)
Source evidence
Code amendment note
Subsec. (o). Pub. L. 113–128, § 474(5), added subsec. (o).Enacted provision · exact public law section
(5) by adding at the end the following: “(o) Promoting Full Access to Community Life.— The plan shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities.” .
18 of 19 references resolved to an enrolled provision · 1 partial
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), , 106 Stat. 4444; amended Pub. L. 103–73, title I, § 114(b), , 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, , 92 Stat. 2997; amended Pub. L. 100–630, title II, § 208(c), , 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).
Amendments
2014—Subsec. (a)(1). Pub. L. 113–128, § 474(1)(A), substituted “Administrator” for “Commissioner” in two places and inserted “developed and signed in accordance 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 introductory 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), substituted “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 established under subchapter I of this chapter, and other programs providing services for individuals with disabilities.”
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), substituted “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), substituted “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 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.”
Subsec. (m)(4), (5). Pub. L. 113–128, § 474(4), substituted “Administrator” for “Commissioner” wherever appearing.
Subsec. (o). Pub. L. 113–128, § 474(5), added subsec. (o).
Credits
1998–2014 · 2 acts
- 1998Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, , 112 Stat. 1218
- 2014amended Pub. L. 113–128, title IV, § 474, , 128 Stat. 1686.
Show as published
(Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, , 112 Stat. 1218; amended Pub. L. 113–128, title IV, § 474, , 128 Stat. 1686.)