Page:United States Statutes at Large Volume 108 Part 1.djvu/327

 PUBLIC LAW 103-230—APR. 6, 1994 108 STAT. 301 Disabilities Council with a copy of each annual survey report and plan of corrections for cited deficiencies prepared pursuant to section 1902(a)(31) of the Social Security Act with respect to any intermediate care facility for the mentally retarded in such State not less than 30 days after the completion of each such report or plan. " (J) VOLUNTEERS.— The plan shall provide assurances that the maximum utilization of all available community resources including volunteers serving under the Domestic Volunteer Service Act of 1973 and other appropriate voluntary organizations will be provided for, except that such volunteer services shall supplement, and shall not be in lieu of, services of paid employees. "(K) EMPLOYEE PROTECTIONS.— The plan shall provide assurances that fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) will be provided to protect the interests of employees affected by actions under the plan to provide community living activities, including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum efforts will be made to guarantee the employment of such employ- ees. "(L) STAFF ASSIGNMENTS. —The plan shall provide assurances that the steiff and other personnel of the State Developmental Disabilities Council, while working for the Council, are responsible solely for assisting the Council in carrying out its duties under this part and are not assigned duties by the designated State agency or any other agency or office of the State. " (M) NONINTERFERENCE.—The plan shall provide assurances that the designated State agency or other office of the State will not interfere with systemic chsmge, capacity building, and advocacy activities, budget, personnel. State plan development, or plan implementation of the State Developmental Disabilities Council, except that the designated State agency shall have the authority necessary to carry out the responsibilities described in section 124(d)(3). "(N) OTHER ASSURANCES.— The plan shall contain such additional information and assurances as the Secretary may find necessary to carry out the provisions and purposes of this part. "(d) PUBLIC REVIEW, SUBMISSION, AND APPROVAL.— "(1) PUBLIC REVIEW. —The plan shall be made available Regulations. for public review and comment with appropriate and sufficient notice in accessible formats and take into account and respond to significant suggestions, as prescribed by the Secretary in regulation. " (2) CONSULTATION WITH THE DESIGNATED STATE AGENCY. — Before the plan is submitted to the Secretary, the State Developmental Disabilities Council shall consult with the designated State agency to ensure that the State plan is consistent with State law and to obtain appropriate State plan assurances. " (3) PLAN APPROVAL.— The Secretary shall approve any State plan and annual updates of such plan that comply with

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