Page:United States Statutes at Large Volume 112 Part 2.djvu/237

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1121 "(B) DESIGNATED STATE UNIT.—The State agency designated under subparagraph (A) shall be— "(i) a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities; or "(ii) if not such an agency, the State agency (or each State agency if 2 are so designated) shall include a vocational rehabilitation bureau, division, or other organizational unit that— "(I) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities, and is responsible for the vocational rehabilitation program of the designated State agency; "(II) has a full-time director; "(III) has a staff employed on the rehabilita- ; tion work of the organizational unit all or substantially all of whom are employed full time on such work; and "(IV) is located at an organizational level and has an organizational status within the designated; State agency comparable to that of other major organizational units of the designated State agency. "(C) RESPONSIBILITY FOR SERVICES FOR THE BLIND.— If the State has designated only 1 State agency pursuant to subparagraph (A), the State may assign responsibility for the part of the plan under which vocational rehabilitation services are provided for individuals who are blind to an organizational unit of the designated State agency and assign responsibility for the rest of the plan to another organizational unit of the designated State agency, with the provisions of subparagraph (B) applying separately to each of the designated State units. "(3) NON-FEDERAL SHARE.— The State plan shall provide for financial participation by the State, or if the State so elects, by the State and local agencies, to provide the amount of the non-Federal share of the cost of carrying out part B. "(4) STATEWIDENESS. — The State plan shall provide that the plan shall be in effect in all political subdivisions of the State, except that— "(A) in the case of any activity that, in the judgment of the Commissioner, is likely to assist in promoting the vocational rehabilitation of substantially larger numbers of individuals with disabilities or groups of individuals with disabilities, the Commissioner may waive compliance with the requirement that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by the Commissioner, but only if the non- Federal share of the cost of the vocational rehabilitation services involved is met from funds made available by a local agency (including funds contributed to such agency by a private agency, organization, or individual); and "(B) in a case in which earmarked funds are used toward the non-Federal share and such funds are earmarked for particular geographic areas within the State,

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