§ 796b TITLE 29—LABOR Page 306

(1) Center for independent living

The term ‘‘center for independent living’’

means a consumer-controlled, communitybased, cross-disability, nonresidential private

nonprofit agency that—

(A) is designed and operated within a local

community by individuals with disabilities;

and

(B) provides an array of independent living

services.

(2) Consumer control

The term ‘‘consumer control’’ means, with

respect to an entity, that the entity vests

power and authority in individuals with disabilities.

(Pub. L. 93–112, title VII, §702, as added Pub. L.

102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat.

4443.)

PRIOR PROVISIONS

A prior section 796a, Pub. L. 93–112, title VII, §702, as

added Pub. L. 95–602, title III, §301, Nov. 6, 1978, 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). See section 796b of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796f–3, 2211 of

this title.

§ 796b. Eligibility for receipt of services

Services may be provided under this part to

any individual with a severe disability, as defined in section 706(15)(B) of this title.

(Pub. L. 93–112, title VII, §703, as added Pub. L.

102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat.

4444.)

PRIOR PROVISIONS

A 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 independent living, prior to

repeal by Pub. L. 102–569, §701(1). See section 796e of

this title.

§ 796c. State plan

(a) In general

(1) Requirement

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—

(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.

(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—

(A) the provision of State independent living services;

(B) the development and support of a

statewide network of centers for independent living; and

(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.

(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

(4) submit such additional information or

provide such assurances as the Commissioner

may require with respect to the programs.

(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 consistent with and further the purpose of this part.

(e) Independent living services

The plan shall provide that the State will provide independent living services under this part

to individuals with severe 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