Page 309 TITLE 29—LABOR § 796d–1

(d) Hearings and forums

The Council is authorized to hold such hearings and forums as the Council may determine

to be necessary to carry out the duties of the

Council.

(e) Plan

(1) In general

The Council shall prepare, in conjunction

with the designated State unit, a plan for the

provision of such resources, including such

staff and personnel, as may be necessary to

carry out the functions of the Council under

this section, with funds made available under

this part and part C of subchapter I of this

chapter and from other public and private

sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.

(2) Supervision and evaluation

Each Council shall, consistent with State

law, supervise and evaluate such staff and

other personnel as may be necessary to carry

out the functions of the Council under this

section.

(3) Conflict of interest

While assisting the Council in carrying out

its duties, staff and other personnel shall not

be assigned duties by the designated State

agency or any other agency or office of the

State, that would create a conflict of interest.

(f) Compensation and expenses

The Council may use such resources to reimburse members of the Council for reasonable and

necessary expenses of attending Council meetings and performing Council duties (including

child care and personal assistance services), and

to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day

the member is engaged in performing Council

duties.

(g) 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 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 VII, §705, as added Pub. L.

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

4446; amended Pub. L. 103–73, title I, §114(c), Aug.

11, 1993, 107 Stat. 728.)

PRIOR PROVISIONS

A prior section 796d, Pub. L. 93–112, title VII, §705, as

added Pub. L. 95–602, title III, §301, Nov. 6, 1978, 92 Stat.

2997; amended Pub. L. 99–506, title I, §103(d)(2)(B), (C),

(h)(2), title VIII, §802, title X, §1001(g)(3), Oct. 21, 1986,

100 Stat. 1810, 1811, 1837, 1843; Pub. L. 100–630, title II,

§208(d), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102–119,

§26(e), Oct. 7, 1991, 105 Stat. 607, related to State plans

for providing comprehensive services for independent

living, prior to repeal by Pub. L. 102–569, §701(1). See

section 796c of this title.

AMENDMENTS

1993—Subsec. (a). Pub. L. 103–73, §114(c)(1), substituted ‘‘a State agency’’ for ‘‘another State agency’’.

Subsec. (b)(4). Pub. L. 103–73, §114(c)(2)(A), added par.

(4) and struck out heading and text of former par. (4).

Text read as follows: ‘‘The Council shall be composed of

members—

‘‘(A) who provide statewide representation;

‘‘(B) who represent a broad range of individuals

with disabilities;

‘‘(C) who are knowledgeable about centers for independent living and independent living services; and

‘‘(D) a majority of whom are persons who are—

‘‘(i) individuals with disabilities described in section 706(8)(B) of this title; and

‘‘(ii) not employed by any State agency or center

for independent living.’’

Subsec. (b)(5)(A). Pub. L. 103–73, §114(c)(2)(B)(i), substituted ‘‘voting membership’’ for ‘‘membership’’.

Subsec. (b)(5)(B). Pub. L. 103–73, §114(c)(2)(B)(ii), substituted ‘‘voting member’’ for ‘‘member’’ in two places.

Subsec. (c)(1). Pub. L. 103–73, §114(c)(3), substituted

‘‘sign’’ for ‘‘submit’’ and ‘‘unit’’ for ‘‘agency’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 721, 725, 742, 743,

796, 796c, 796e–2, 2212 of this title.

§ 796d–1. Responsibilities of Commissioner

(a) Approval of State plans

(1) In general

The Commissioner shall approve any State

plan submitted under section 796c of this title

that the Commissioner determines meets the

requirements of section 796c of this title, and

shall disapprove any such plan that does not

meet such requirements, as soon as practicable after receiving the plan. Prior to such

disapproval, the Commissioner shall notify the

State of the intention to disapprove the plan,

and shall afford such State reasonable notice

and opportunity for a hearing.

(2) Procedures

(A) In general

Except as provided in subparagraph (B),

the provisions of subsections (c) and (d) of

section 727 of this title shall apply to any

State plan submitted to the Commissioner

under section 796c of this title.

(B) Application

For purposes of the application described

in subparagraph (A), all references in such

provisions—

(i) to the Secretary shall be deemed to be

references to the Commissioner; and

(ii) to section 721 of this title shall be

deemed to be references to section 796c of

this title.

(b) Indicators

Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal

Register indicators of minimum compliance

consistent with the standards set forth in section 796f–4 of this title.

(c) On-site compliance reviews

(1) Reviews

The Commissioner shall annually conduct

on-site compliance reviews of at least 15 percent of the centers for independent living that

receive funds under section 796f–1 of this title

and shall periodically conduct such a review of

each such center. The Commissioner shall se-
§ 796e TITLE 29—LABOR Page 310

lect such centers and such State units for review on a random basis. The Commissioner

shall annually conduct onsite compliance reviews of at least one-third of the designated

State units that receive funding under section

796f–2 of this title, and, to the extent necessary to determine the compliance of such a

State unit with subsections (f) and (g) of section 796f–2 of this title, centers that receive

funding under section 796f–2 of this title in

such State.

(2) Qualifications of employees conducting reviews

The Commissioner shall—

(A) to the maximum extent practicable,

carry out such a review by using employees

of the Department who are knowledgeable

about the provision of independent living

services;

(B) ensure that the employee of the Department with responsibility for supervising

such a review shall have such knowledge;

and

(C) ensure that at least one member of a

team conducting such a review shall be an

individual who—

(i) is not a government employee; and

(ii) has experience in the operation of

centers for independent living.

(d) Reports

The Commissioner shall include, in the annual

report required under section 712 of this title,

information on the extent to which centers for

independent living receiving funds under subpart 3 have complied with the standards and assurances set forth in section 796f–4 of this title.

The Commissioner may identify individual centers for independent living in the analysis. The

Commissioner shall report the results of on-site

compliance reviews, identifying individual centers for independent living and other recipients

of assistance under this part.

(Pub. L. 93–112, title VII, §706, as added Pub. L.

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

4448; amended Pub. L. 103–73, title I, §114(d),

Aug. 11, 1993, 107 Stat. 729.)

PRIOR PROVISIONS

A prior section 796d–1, Pub. L. 93–112, title VII, §706,

as added Pub. L. 99–506, title VIII, §803(a), Oct. 21, 1986,

100 Stat. 1837; amended Pub. L. 100–630, title II, §208(e),

Nov. 7, 1988, 102 Stat. 3314, provided for a State Independent Living Council, prior to repeal by Pub. L.

102–569, §701(1). See section 796d of this title.

AMENDMENTS

1993—Subsec. (c)(1). Pub. L. 103–73 in first sentence

substituted ‘‘section 796f–1 of this title’’ for ‘‘subpart

3’’, in second sentence inserted ‘‘and such State units’’

after ‘‘select such centers’’, and inserted after second

sentence: ‘‘The Commissioner shall annually conduct

onsite compliance reviews of at least one-third of the

designated State units that receive funding under section 796f–2 of this title, and, to the extent necessary to

determine the compliance of such a State unit with

subsections (f) and (g) of section 796f–2 of this title, centers that receive funding under section 796f–2 of this

title in such State.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796e, 796e–1, 796f

of this title.

SUBPART 2—INDEPENDENT LIVING SERVICES

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 718, 796c, 796f–1,

796f–2 of this title.

§ 796e. Allotments

(a) In general

(1) States

(A) Population basis

Except as provided in subparagraphs (B)

and (C), from sums appropriated for each fiscal year to carry out this subpart, the Commissioner shall make an allotment to each

State whose State plan has been approved

under section 796d–1 of this title of an

amount bearing the same ratio to such sums

as the population of the State bears to the

population of all States.

(B) Maintenance of 1992 amounts

Subject to the availability of appropriations to carry out this subpart, the amount

of any allotment made under subparagraph

(A) to a State for a fiscal year shall not be

less than the amount of an allotment made

to the State for fiscal year 1992 under part A

of this subchapter, as in effect on the day before October 29, 1992.

(C) Minimums

Subject to the availability of appropriations to carry out this subpart, and except

as provided in subparagraph (B), the allotment to any State under subparagraph (A)

shall be not less than $275,000 or one-third of

one percent of the sums made available for

the fiscal year for which the allotment is

made, whichever is greater, and the allotment of any State under this section for any

fiscal year that is less than $275,000 or onethird of one percent of such sums shall be increased to the greater of the two amounts.

(2) Certain territories

(A) In general

For the purposes of paragraph (1)(C),

Guam, American Samoa, the United States

Virgin Islands, the Commonwealth of the

Northern Mariana Islands, and the Republic

of Palau shall not be considered to be

States.

(B) Allotment

Each jurisdiction described in subparagraph (A) shall be allotted under paragraph

(1)(A) not less than one-eighth of one percent of the amounts made available for purposes of this subpart for the fiscal year for

which the allotment is made, except that

the Republic of Palau may receive such allotment under this section only until the

Compact of Free Association with Palau

takes effect.

(3) Adjustment for inflation

For any fiscal year, beginning in fiscal year

1994, in which the total amount appropriated

to carry out this subpart exceeds the total

amount appropriated to carry out this subpart

for the preceding fiscal year by a percentage