Approval of State plans
In general
section 796c of this titlesection 796c of this titleThe Administrator shall approve any State plan submitted under that the Administrator determines meets the requirements of , 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 Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
Procedures
In general
section 727 of this titlesection 796c of this titleExcept as provided in subparagraph (B), the provisions of subsections (c) and (d) of shall apply to any State plan submitted to the Administrator under .
Application
Indicators
section 796f–4 of this titleNot later than 1 year after , the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in ), and indicators of minimum compliance for Statewide Independent Living Councils.
Onsite compliance reviews
Reviews
section 796f–1 of this titlesection 796f–2 of this titlesection 796f–2 of this titlesection 796f–2 of this titleThe Administrator shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under and shall periodically conduct such a review of each such center. The Administrator shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under , and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of , centers that receive funding under in such State.
Qualifications of employees conducting reviews
Reports
In general
section 796–1 of this titlesection 796f–4 of this titleThe Director described in shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, 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 . The Director may identify individual centers for independent living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under subpart 3.
Public availability
The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this chapter.
Pub. L. 93–112, title VII, § 706Pub. L. 105–220, title IV, § 410112 Stat. 1223Pub. L. 113–128, title IV, § 475A128 Stat. 1689(, as added , , ; amended , , .)
Editorial Notes
Prior Provisions
Pub. L. 93–112, title VII, § 706Pub. L. 102–569, title VII, § 701(2)106 Stat. 4448Pub. L. 103–73, title I, § 114(d)107 Stat. 729Pub. L. 105–220A prior section 796d–1, , as added , , ; amended , , , related to responsibilities of Commissioner, prior to the general amendment of this subchapter by .
Pub. L. 93–112, title VII, § 706Pub. L. 99–506, title VIII, § 803(a)100 Stat. 1837Pub. L. 100–630, title II, § 208(e)102 Stat. 3314Pub. L. 102–569, § 701(1)Another prior section 796d–1, , as added , , ; amended , , , provided for a State Independent Living Council, prior to repeal by .
Amendments
Pub. L. 113–128, § 475A(1)2014—, substituted “the Administrator” for “Commissioner” in section catchline.
Pub. L. 113–128, § 475A(2)(A)Subsec. (a)(1). , substituted “Administrator” for “Commissioner” wherever appearing.
Pub. L. 113–128, § 475A(2)(B)(i)Subsec. (a)(2)(A). , substituted “Administrator” for “Commissioner”.
Pub. L. 113–128, § 475A(2)(B)(ii)(I)Subsec. (a)(2)(B)(i). , inserted “or the Commissioner” after “to the Secretary” and substituted “to the Administrator;” for “to the Commissioner; and”.
Pub. L. 113–128, § 475A(2)(B)(ii)(II)Subsec. (a)(2)(B)(ii), (iii). , (III), added cl. (ii) and redesignated former cl. (ii) as (iii).
Pub. L. 113–128, § 475A(3)section 796f–4 of this titleSubsec. (b). , added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Not later than , the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in .”
Pub. L. 113–128, § 475A(4)(A)Subsec. (c)(1). , substituted “Administrator” for “Commissioner” wherever appearing and struck out last sentence which read as follows: “The Administrator shall select the centers and State units described in this paragraph for review on a random basis.”
Pub. L. 113–128, § 475A(4)(B)(i)Subsec. (c)(2). , substituted “Administrator” for “Commissioner” in introductory provisions.
Pub. L. 113–128, § 475A(4)(B)(ii)Subsec. (c)(2)(A). , (iii), substituted “a review described in paragraph (1)” for “such a review” and “Department of Health and Human Services” for “Department”.
Pub. L. 113–128, § 475A(4)(B)(iii)Subsec. (c)(2)(B). , substituted “Department of Health and Human Services” for “Department”.
Pub. L. 113–128, § 475A(5)section 710 of this titlesection 796f–4 of this titleSubsec. (d). , added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Commissioner shall include, in the annual report required under , 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 . The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under this part.”