Page 223 TITLE 29—LABOR § 726

to be necessary to carry out the duties of the

Council.

(i) Use of existing councils

To the extent that a State has established a

Council before September 30, 1992, that is comparable to the Council described in this section,

such established Council shall be considered to

be in compliance with this section. Within 1

year after October 29, 1992, such State shall establish a Council that complies in full with this

section.

(Pub. L. 93–112, title I, §105, as added Pub. L.

102–569, title I, §126(a), Oct. 29, 1992, 106 Stat.

4381; amended Pub. L. 103–73, title I, §107(d)(1),

Aug. 11, 1993, 107 Stat. 721.)

REFERENCES IN TEXT

Section 1916(e) of the Public Health Service Act, referred to in subsec. (c)(5), probably means section

1916(e) of title XIX of act July 1, 1944, ch. 373, as added

by Pub. L. 97–35, which was classified to section

300x–4(e) of Title 42, The Public Health and Welfare.

Section 1916 was repealed and a new section 1916 enacted by Pub. L. 102–321, title II, §201(2), July 10, 1992,

106 Stat. 378, 384, which is classified to section 300x–5 of

Title 42 and does not relate to the State mental health

planning council. However, similar provisions are contained in section 1914 of the Public Health Service Act,

as added by Pub. L. 102–321, which is classified to section 300x–3 of Title 42.

AMENDMENTS

1993—Subsec. (b)(1). Pub. L. 103–73, §107(d)(1)(A)(i),

added par. (1) and struck out former par. (1) which consisted of subpars. (A) to (H) relating to the composition

of the Council.

Subsec. (b)(3). Pub. L. 103–73, §107(d)(1)(A)(ii), in first

sentence struck out ‘‘or the appropriate entity within

the State responsible for making appointments’’ after

‘‘by the Governor’’ and inserted after first sentence:

‘‘In the case of a State that, under State law, vests appointment authority in an entity in lieu of, or in conjunction with, the Governor, such as one or more

houses of the State legislature, or an independent

board that has general appointment authority, that entity shall make the appointments.’’

Subsec. (g). Pub. L. 103–73, §107(d)(1)(B), inserted ‘‘(except for funds appropriated to carry out the client assistance program under section 732 of this title and

funds reserved pursuant to section 730(d) of this title to

carry out part D of this subchapter)’’ before ‘‘to reimburse members’’.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 107(d)(2) of Pub. L. 103–73 provided that: ‘‘In

the case of a State that demonstrates to the satisfaction of the Secretary of Education that the State has

designated a State agency to administer the part of the

State plan under which vocational rehabilitation services are provided for individuals who are blind under

section 101(a)(1)(A)(i) of the Rehabilitation Act of 1973

[29 U.S.C. 721(a)(1)(A)(i)], and has established by State

law a separate Council to perform the duties of a State

Rehabilitation Advisory Council with respect to such

State agency, the Secretary may delay the effective

date of all or part of section 105(b)(1)(B) [29 U.S.C.

725(b)(1)(B)], as amended by paragraph (1), until October 1, 1994.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 721, 722, 727,

742, 796d of this title.

§ 726. Evaluation standards and performance indicators

(a) Establishment

(1) In general

The Commissioner shall, not later than September 30, 1994, establish and publish evaluation standards and performance indicators for

the vocational rehabilitation program under

this subchapter.

(2) Measures

The standards and indicators shall include

outcome and related measures of program performance that facilitate and in no way impede

the accomplishment of the purpose and policy

of this subchapter.

(3) Comment

The standards and indicators shall be developed with input from State vocational rehabilitation agencies, related professional and

consumer organizations, recipients of vocational rehabilitation services, and other interested parties. The Commissioner shall publish

in the Federal Register a notice of intent to

regulate regarding the development of proposed standards and indicators. Proposed

standards and indicators shall be published in

the Federal Register for review and comment.

Final standards and indicators shall be published in the Federal Register.

(b) Compliance

(1) State reports

In accordance with regulations established

by the Secretary, each State shall report to

the Commissioner after the end of each fiscal

year the extent to which the State is in compliance with the standards and indicators.

(2) Program improvement

(A) Plan

If the Commissioner determines that the

performance of any State is below established standards, the Commissioner shall

provide technical assistance to the State

and the State and the Commissioner shall

jointly develop a program improvement plan

outlining the specific actions to be taken by

the State to improve program performance.

(B) Review

The Commissioner shall—

(i) review the program improvement efforts of the State on a biannual basis and,

if necessary, request the State to make

further revisions to the plan to improve

performance; and

(ii) continue to conduct such reviews and

request such revisions until the State sustains satisfactory performance over a period of more than 1 year.

(c) Withholding

If the Commissioner determines that a State

whose performance falls below the established

standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a

program improvement plan, the Commissioner

shall, consistent with subsections (c) and (d) of
§ 727 TITLE 29—LABOR Page 224

section 727 of this title, reduce or make no further payments to the State under this program,

until the State has entered into an approved

program improvement plan, or satisfies the

Commissioner that the State is complying substantially with the terms and conditions of such

a program improvement plan, as appropriate.

(d) Report to Congress

Beginning in fiscal year 1996, the Commissioner shall include in each annual report to the

Congress under section 712 of this title an analysis of program performance, including relative

State performance, based on the standards and

indicators.

(Pub. L. 93–112, title I, §106, as added Pub. L.

102–569, title I, §127(a), Oct. 29, 1992, 106 Stat.

4385.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 727 of this title.

§ 727. Monitoring and review

(a) In general

(1) Duties

In carrying out the duties of the Commissioner under this subchapter, the Commissioner shall—

(A) provide for the annual review and periodic on-site monitoring of programs under

this subchapter; and

(B) determine whether, in the administration of the State plan, a State is complying

substantially with the provisions of such

plan and with evaluation standards and performance indicators established under section 726 of this title.

(2) Procedures for reviews

In conducting reviews under this section the

Commissioner shall consider, at a minimum—

(A) State policies and procedures;

(B) guidance materials;

(C) decisions resulting from hearings conducted in accordance with due process;

(D) strategic plans and updates;

(E) plans and reports prepared under section 726(b) of this title;

(F) consumer satisfaction surveys described in section 721(a)(32) of this title;

(G) information provided by the State Rehabilitation Advisory Council established

under section 725 of this title;

(H) reports; and

(I) budget and financial management data.

(3) Procedures for monitoring

In conducting monitoring under this section

the Commissioner shall conduct—

(A) on-site visits, including on-site reviews

of records to verify that the State is following requirements regarding the order of selection set forth in section 721(a)(5)(A) of

this title;

(B) public hearings and other strategies for

collecting information from the public;

(C) meetings with the State Rehabilitation

Advisory Council;

(D) reviews of individual case files, including individualized written rehabilitation

programs and ineligibility determinations;

and

(E) meetings with rehabilitation counselors and other personnel.

(4) Areas of inquiry

In conducting the review and monitoring,

the Commissioner shall examine—

(A) the eligibility process;

(B) the provision of services, including, if

applicable, the order of selection;

(C) whether the personnel evaluation system described in section 721(a)(35) of this

title facilitates and does not impede the accomplishments of the program;

(D) such other areas as may be identified

by the public or through meetings with the

State Rehabilitation Advisory Council; and

(E) such other areas of inquiry as the Commissioner may consider appropriate.

(b) Technical assistance

The Commissioner shall—

(1) provide technical assistance to programs

under this subchapter regarding improving the

quality of vocational rehabilitation services

provided; and

(2) provide technical assistance and establish

a corrective action plan for a program under

this subchapter if the Commissioner finds that

the program fails to comply substantially

with the provisions of the State plan, or with

evaluation standards or performance indicators established under section 726 of this title,

in order to ensure that such failure is corrected as soon as practicable.

(c) Failure to comply with plan

(1) Withholding payments

Whenever the Commissioner, after providing

reasonable notice and an opportunity for a

hearing to the State agency administering or

supervising the administration of the State

plan approved under section 721 of this title,

finds that—

(A) the plan has been so changed that it no

longer complies with the requirements of

section 721(a) of this title; or

(B) in the administration of the plan there

is a failure to comply substantially with any

provision of such plan or with an evaluation

standard or performance indicator established under section 726 of this title,

the Commissioner shall notify such State

agency that no further payments will be made

to the State under this subchapter (or, in the

discretion of the Commissioner, that such further payments will be reduced, in accordance

with regulations the Commissioner shall prescribe, or that further payments will not be

made to the State only for the projects under

the parts of the State plan affected by such

failure), until the Commissioner is satisfied

there is no longer any such failure.

(2) Period

Until the Commissioner is so satisfied, the

Commissioner shall make no further payments

to such State under this subchapter (or shall

reduce payments or limit payments to

projects under those parts of the State plan in

which there is no such failure).

(3) Disbursal of withheld funds

The Commissioner may, in accordance with

regulations the Secretary shall prescribe, dis-