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
§ 796f–5 TITLE 29—LABOR Page 320

and conditions required with respect to the

employment of individuals with disabilities

under section 793 of this title;

(6) the applicant will ensure that the majority of the staff, and individuals in decisionmaking positions, of the applicant are individuals with disabilities;

(7) the applicant will practice sound fiscal

management, including making arrangements

for an annual independent fiscal audit;

(8) the applicant will conduct annual selfevaluations, prepare an annual report, and

maintain records adequate to measure performance with respect to the standards, containing information regarding, at a minimum—

(A) the extent to which the center is in

compliance with the standards;

(B) the number and types of individuals

with severe disabilities receiving services

through the center;

(C) the types of services provided through

the center and the number of individuals

with severe disabilities receiving each type

of service;

(D) the sources and amounts of funding for

the operation of the center;

(E) the number of individuals with severe

disabilities who are employed by, and the

number who are in management and decisionmaking positions in, the center; and

(F) a comparison, when appropriate, of the

activities of the center in prior years with

the activities of the center in the most recent year;

(9) individuals with severe disabilities who

are seeking or receiving services at the center

will be notified by the center of the existence

of, the availability of, and how to contact, the

client assistance program;

(10) aggressive outreach regarding services

provided through the center will be conducted

in an effort to reach populations of individuals

with severe disabilities that are unserved or

underserved by programs under this subchapter, especially minority groups and urban

and rural populations;

(11) staff at centers for independent living

will receive training on how to serve such unserved and underserved populations, including

minority groups and urban and rural populations;

(12) the center will submit to the Statewide

Independent Living Council a copy of its approved grant application and the annual report required under paragraph (8);

(13) the center will prepare and submit a report to the designated State unit or the Commissioner, as the case may be, at the end of

each fiscal year that contains the information

described in paragraph (8) and information regarding the extent to which the center is in

compliance with the standards set forth in

subsection (b) of this section; and

(14) an independent living plan described in

section 796c(e) of this title will be developed

unless the individual who would receive services under the plan signs a waiver stating that

such a plan is unnecessary.

(Pub. L. 93–112, title VII, §725, as added Pub. L.

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

4462; amended Pub. L. 103–73, title I, §114(l), Aug.

11, 1993, 107 Stat. 731.)

AMENDMENTS

1993—Subsec. (b)(2). Pub. L. 103–73 in second sentence

inserted ‘‘severe’’ before ‘‘disabilities who are members

of’’ and substituted ‘‘under this subchapter’’ for ‘‘under

this chapter’’ and in third sentence inserted ‘‘shall be

determined by the center, and’’ before ‘‘shall not be

based’’.

SECTION REFERRED TO IN OTHER SECTIONS

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

796e–2, 796f, 796f–1, 796f–2 of this title.

§ 796f–5. ‘‘Eligible agency’’ defined

As used in this subpart, the term ‘‘eligible

agency’’ means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency.

(Pub. L. 93–112, title VII, §726, as added Pub. L.

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

4464.)

§ 796f–6. Authorization of appropriations

There are authorized to be appropriated to

carry out this subpart such sums as may be necessary for each of the fiscal years 1993, 1994, 1995,

1996, and 1997.

(Pub. L. 93–112, title VII, §727, as added Pub. L.

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

4464.)

PRIOR PROVISIONS

Prior sections 796g to 796i were repealed by Pub. L.

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

Section 796g, Pub. L. 93–112, title VII, §731, as added

Pub. L. 95–602, title III, §301, Nov. 6, 1978, 92 Stat. 3000;

amended Pub. L. 99–506, title I, §103(h)(2), Oct. 21, 1986,

100 Stat. 1811; Pub. L. 100–630, title II, §208(h), Nov. 7,

1988, 102 Stat. 3314, provided for grants to States to establish systems to protect and advocate for rights of

individuals with severe handicaps.

Section 796h, Pub. L. 93–112, title VII, §732, as added

Pub. L. 95–602, title III, §301, Nov. 6, 1978, 92 Stat. 3000;

amended Pub. L. 99–506, title I, §103(d)(2)(C), Oct. 21,

1986, 100 Stat. 1810, related to affirmative action on part

of recipients of assistance to employ and advance in

employment qualified individuals with handicaps.

Section 796i, Pub. L. 93–112, title VII, §741, formerly

§731, as added Pub. L. 95–602, title III, §301, Nov. 6, 1978,

92 Stat. 3001; renumbered §741 and amended Pub. L.

98–221, title I, §172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32;

Pub. L. 99–506, title VIII, §806, Oct. 21, 1986, 100 Stat.

1840; Pub. L. 100–630, title II, §208(i), Nov. 7, 1988, 102

Stat. 3315; Pub. L. 102–52, §8, June 6, 1991, 105 Stat. 262,

provided for appropriations for parts A to D of former

subchapter VII of this chapter.

PART B—INDEPENDENT LIVING SERVICES FOR

OLDER INDIVIDUALS WHO ARE BLIND

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 718 of this title.

§ 796j. ‘‘Older individual who is blind’’ defined

For purposes of this part, the term ‘‘older individual who is blind’’ means an individual age 55

or older whose severe visual impairment makes

competitive employment extremely difficult to

attain but for whom independent living goals

are feasible.

(Pub. L. 93–112, title VII, §751, as added Pub. L.

102–569, title VII, §703(a), Oct. 29, 1992, 106 Stat.

4464.)