§ 796f–3 TITLE 29—LABOR Page 318

(3) The director of the designated State unit

shall fund new centers for independent living,

as described in subsection (d) of this section,

that comply with the standards and assurances set forth in section 796f–4 of this title.

(f) Nonresidential agencies

A center that provides or manages residential

housing after October 1, 1994, shall not be considered to be an eligible agency under this section.

(g) Review

(1) In general

The director of the designated State unit

shall periodically review each center receiving

funds under this section to determine whether

such center is in compliance with the standards and assurances set forth in section 796f–4

of this title. If the director of the designated

State unit determines that any center receiving funds under this section is not in compliance with the standards and assurances set

forth in section 796f–4 of this title, the director

of the designated State unit shall immediately

notify such center that it is out of compliance.

(2) Enforcement

The director of the designated State unit

shall terminate all funds under this section to

such center 90 days after—

(A) the date of such notification; or

(B) in the case of a center that requests an

appeal under subsection (i) of this section,

the date of any final decision under subsection (i) of this section,

unless the center submits a plan to achieve

compliance within 90 days and such plan is approved by the director, or if appealed, by the

Commissioner.

(h) On-site compliance review

The director of the designated State unit shall

annually conduct onsite compliance reviews of

at least 15 percent of the centers for independent

living that receive funding under this section in

the State. Each team that conducts on-site compliance review of centers for independent living

shall include at least one person who is not an

employee of the designated State agency, who

has experience in the operation of centers for

independent living, and who is jointly selected

by the director of the designated State unit and

the chairperson of or other individual designated by the Council acting on behalf of and

at the direction of the Council. A copy of this

review shall be provided to the Commissioner.

(i) Adverse actions

If the director of the designated State unit

proposes to take a significant adverse action

against a center for independent living, the center may seek mediation and conciliation to be

provided by an individual or individuals who are

free of conflicts of interest identified by the

chairperson of or other individual designated by

the Council. If the issue is not resolved through

the mediation and conciliation, the center may

appeal the proposed adverse action to the Commissioner for a final decision.

(Pub. L. 93–112, title VII, §723, as added Pub. L.

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

4458; amended Pub. L. 103–73, title I, §114(j), Aug.

11, 1993, 107 Stat. 731.)

REFERENCES IN TEXT

Part A of this subchapter, as in effect on the day before October 29, 1992, referred to in subsec. (d)(3), means

former part A (§796 et seq.) which was included in the

repeal of subchapter VII of this chapter by Pub. L.

102–569, title VII, §701(1), Oct. 29, 1992, 106 Stat. 4443.

AMENDMENTS

1993—Subsec. (a)(1)(A)(iii). Pub. L. 103–73,

§114(j)(1)(A), inserted before period at end ‘‘, making

such adjustments as may be necessary to accommodate

State funding cycles such as 2-year funding cycles or

State fiscal years that do not coincide with the Federal

fiscal year’’.

Subsec. (a)(3). Pub. L. 103–73, §114(j)(1)(B), inserted

‘‘eligible agencies in’’ before ‘‘the State in accordance’’.

Subsec. (c). Pub. L. 103–73, §114(j)(2), substituted ‘‘has

been awarded a grant under this subpart by’’ for ‘‘is receiving funds under this subpart on’’.

Subsec. (f). Pub. L. 103–73, §114(j)(4), added subsec. (f).

Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 103–73, §114(j)(5), substituted

‘‘subsection (i)’’ for ‘‘subsection (h)’’ in two places in

par. (2)(B).

Pub. L. 103–73, §114(j)(3), redesignated subsec. (f) as

(g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 103–73, §114(j)(6), inserted first

sentence and struck out former first sentence which

read as follows: ‘‘The director of the designated State

unit shall conduct on-site compliance review of centers

for independent living.’’

Pub. L. 103–73, §114(j)(3), redesignated subsec. (g) as

(h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 103–73, §114(j)(3), redesignated subsec. (h) as (i).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796c, 796d–1,

796f–1, 796f–3 of this title.

§ 796f–3. Centers operated by State agencies

(a) Fiscal year 1993

(1) In general

Notwithstanding section 796a(1) of this title,

if—

(A) no nonprofit private agency—

(i) submits an acceptable application to

operate a center for independent living for

fiscal year 1993 before a date specified by

the Commissioner; and

(ii) obtains approval of the application

under section 796f–1 or 796f–2 of this title;

and

(B) a State directly operated such a center

in fiscal year 1992 with funds provided under

part B of this subchapter, as in effect on the

day before October 29, 1992,

the State may apply to the Commissioner for

assistance under section 796f(e)(2) of this title

for the conduct, administration, and evaluation of such a center.

(2) Compliance

A State that receives assistance with respect

to a center in accordance with paragraph (1)

shall ensure that the center shall comply with

all of the requirements of this subpart, other

than the requirement that the center be a private nonprofit agency.
Page 319 TITLE 29—LABOR § 796f–4

(b) Fiscal year 1994 and succeeding fiscal years

A State that receives assistance for fiscal year

1993 with respect to a center in accordance with

subsection (a) of this section may continue to

receive assistance under this subpart for fiscal

year 1994 or a succeeding fiscal year if, for such

fiscal year—

(1) no nonprofit private agency—

(A) submits an acceptable application to

operate a center for independent living for

the fiscal year before a date specified by the

Commissioner; and

(B) obtains approval of the application

under section 796f–1 or 796f–2 of this title; or

(2) after funding all applications so submitted and approved, the Commissioner determines that funds remain available to provide

such assistance.

(Pub. L. 93–112, title VII, §724, as added Pub. L.

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

4461; amended Pub. L. 103–73, title I, §114(k),

Aug. 11, 1993, 107 Stat. 731.)

REFERENCES IN TEXT

Part B of this subchapter, as in effect on the day before October 29, 1992, referred to in subsec. (a)(1)(B),

means former part B (§796e) which was included in the

repeal of subchapter VII of this chapter by Pub. L.

102–569, title VII, §701(1), Oct. 29, 1992, 106 Stat. 4443.

AMENDMENTS

1993—Subsec. (b)(1)(A). Pub. L. 103–73 substituted ‘‘the

fiscal year’’ for ‘‘fiscal year 1993’’.

§ 796f–4. Standards and assurances for centers

for independent living

(a) In general

Each center for independent living that receives assistance under this subpart shall comply with the standards set out in subsection (b)

of this section and provide and comply with the

assurances set out in subsection (c) of this section in order to ensure that all programs and activities under this subpart are planned, conducted, administered, and evaluated in a manner

consistent with the purposes of this part and the

objective of providing assistance effectively and

efficiently.

(b) Standards

(1) Philosophy

The center shall promote and practice the

independent living philosophy of—

(A) consumer control of the center regarding decisionmaking, service delivery, management, and establishment of the policy

and direction of the center;

(B) self-help and self-advocacy;

(C) development of peer relationships and

peer role models; and

(D) equal access of individuals with severe

disabilities to society and to all services,

programs, activities, resources, and facilities, whether public or private and regardless of the funding source.

(2) Provision of services

The center shall provide services to individuals with a range of severe disabilities. The

center shall provide services on a cross-disability basis (for individuals with all different

types of severe disabilities, including individuals with severe disabilities who are members

of populations that are unserved or underserved by programs under this subchapter).

Eligibility for services at any center for independent living shall be determined by the center, and shall not be based on the presence of

any one or more specific severe disabilities.

(3) Independent living goals

The center shall facilitate the development

and achievement of independent living goals

selected by individuals with severe disabilities

who seek such assistance by the center.

(4) Community options

The center shall work to increase the availability and improve the quality of community

options for independent living in order to facilitate the development and achievement of

independent living goals by individuals with

severe disabilities.

(5) Independent living core services

The center shall provide independent living

core services and, as appropriate, a combination of any other independent living services

specified in section 706(30)(B) of this title.

(6) Activities to increase community capacity

The center shall conduct activities to increase the capacity of communities within the

service area of the center to meet the needs of

individuals with severe disabilities.

(7) Resource development activities

The center shall conduct resource development activities to obtain funding from sources

other than this part.

(c) Assurances

The eligible agency shall provide at such time

and in such manner as the Commissioner may

require, such satisfactory assurances as the

Commissioner may require, including satisfactory assurances that—

(1) the applicant is an eligible agency;

(2) the center will be designed and operated

within local communities by individuals with

disabilities, including an assurance that the

center will have a Board that is the principal

governing body of the center and a majority of

which shall be composed of individuals with

severe disabilities;

(3) the applicant will comply with the standards set forth in subsection (b) of this section;

(4) the applicant will establish clear priorities through annual and 3-year program and

financial planning objectives for the center,

including overall goals or a mission for the

center, a work plan for achieving the goals or

mission, specific objectives, service priorities,

and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent

with the most recent 3-year State plan under

section 796c of this title;

(5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ

and advance in employment qualified individuals with severe disabilities on the same terms