Page:United States Statutes at Large Volume 106 Part 5.djvu/749

 PUBLIC LAW 102-569 —OCT. 29, 1992' 106 STAT. 4387 "(B) the provision of services, including, if applicable, the order of selection; "(C) whether the personnel evaluation system described in section 101(a)(35) 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 title 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 title 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 106, in order to ensure that such failure is corrected as soon as practicable. "(c) FAILURE TO COMPLY WITH PLAN.— "(1) WITHHOLDING PAYMENTS. —Whenever the Commis- Regulations, sioner, 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 101, finds that— "(A) the plan has been so changed that it no longer complies with the requirements of section 101(a); 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 106, the Commissioner shall notify such State agency that no further payments will be made to the State under this title (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 title (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 Regulations. may, in accordance with regulations the Secretary shall prescribe, disburse any funds withheld from a State under paragraph (1) to any public or nonprofit private organization or agency within such State or to any political subdivision of such State submitting a plan meeting the requirements of section 101(a). The Commissioner may not make any payment under this paragraph unless the entity to which such payment is made has provided assurances to the Commissioner that such entity will contribute, for purposes of carrying out such plkn, the same amount as the State would have been obligated to contribute if the State received such payment.

�