Page 315 TITLE 29—LABOR § 796f–1

profit agencies that meet the standards described in

section 796f–4(b) of this title, and’’ for ‘‘agencies will

meet the standards described in section 796f–4(b) of this

title and’’.

Subsec. (e)(2)(B)(iii). Pub. L. 103–73, §114(h)(3)(B)(ii),

added cl. (iii).

EFFECTIVE DATE

Provisions of this subpart not applicable with respect

to fiscal year 1992 for programs receiving assistance

under former part B (former section 796e of this title),

as in effect on the day before Oct. 29, 1992, and provisions of former part B to continue to apply for such

programs with respect to fiscal year 1992, see section

702(b) of Pub. L. 102–569, set out as a note under section

796 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796f–1, 796f–2,

796f–3 of this title.

§ 796f–1. Grants to centers for independent living

in States in which Federal funding exceeds

State funding

(a) Establishment

(1) In general

Unless the director of a designated State

unit awards grants under section 796f–2 of this

title to eligible agencies in a State for a fiscal

year, the Commissioner shall award grants

under this section to such eligible agencies for

such fiscal year from the amount of funds allotted to the State under subsection (c) or (d)

of section 796f of this title for such year.

(2) Grants

The Commissioner shall award such grants,

from the amount of funds so allotted, to such

eligible agencies for the planning, conduct, administration, and evaluation of centers for

independent living that comply with the

standards and assurances set forth in section

796f–4 of this title.

(b) Eligible agencies

In any State in which the Commissioner has

approved the State plan required by section 796c

of this title, the Commissioner may make a

grant under this section to any eligible agency

that—

(1) has the power and authority to carry out

the purpose of this subpart and perform the

functions set forth in section 796f–4 of this

title within a community and to receive and

administer funds under this subpart, funds and

contributions from private or public sources

that may be used in support of a center for

independent living, and funds from other public and private programs;

(2) is determined by the Commissioner to be

able to plan, conduct, administer, and evaluate a center for independent living consistent

with the standards and assurances set forth in

section 796f–4 of this title; and

(3) submits an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner

may require.

(c) Existing eligible agencies

In the administration of the provisions of this

section, the Commissioner shall award grants to

any eligible agency that has been awarded a

grant under this subpart by September 30, 1993,

unless the Commissioner makes a finding that

the agency involved fails to meet program and

fiscal standards and assurances set forth in section 796f–4 of this title.

(d) New centers for independent living

(1) In general

If there is no center for independent living

serving a region of the State or a region is underserved, and the increase in the allotment of

the State is sufficient to support an additional

center for independent living in the State, the

Commissioner may award a grant under this

section to the most qualified applicant proposing to serve such region, consistent with the

provisions in the State plan setting forth the

design of the State for establishing a statewide network of centers for independent living.

(2) Selection

In selecting from among applicants for a

grant under this section for a new center for

independent living, the Commissioner—

(A) shall consider comments regarding the

application, if any, by the Statewide Independent Living Council in the State in

which the applicant is located;

(B) shall consider the ability of each such

applicant to operate a center for independent living based on—

(i) evidence of the need for such a center;

(ii) any past performance of such applicant in providing services comparable to

independent living services;

(iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 796f–4 of this title;

(iv) the quality of key personnel and the

involvement of individuals with severe disabilities;

(v) budgets and cost-effectiveness;

(vi) an evaluation plan; and

(vii) the ability of such applicant to

carry out the plans; and

(C) shall give priority to applications from

applicants proposing to serve geographic

areas within each State that are currently

unserved or underserved by independent living programs, consistent with the provisions

of the State plan submitted under section

796c of this title regarding establishment of

a statewide network of centers for independent living.

(3) Current centers

Notwithstanding paragraphs (1) and (2), a

center for independent living that receives assistance under subpart 2 (or part A of this subchapter as in effect on the day before October

29, 1992) for a fiscal year for the general operation of the center shall be eligible for a grant

for the subsequent fiscal year under this subsection.

(e) Order of priorities

The Commissioner shall be guided by the following order of priorities in allocating funds

among centers for independent living within a

State, to the extent funds are available:
§ 796f–2 TITLE 29—LABOR Page 316

(1) The Commissioner shall support existing

centers for independent living, as described in

subsection (c) of this section, that comply

with the standards and assurances set forth in

section 796f–4 of this title, at the level of funding for the previous year.

(2) The Commissioner shall provide for a

cost-of-living increase for such existing centers for independent living.

(3) The Commissioner 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 Commissioner 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 Commissioner 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 Commissioner shall immediately notify such center that it is out of compliance.

(2) Enforcement

The Commissioner shall terminate all funds

under this section to such center 90 days after

the date of such notification unless the center

submits a plan to achieve compliance within

90 days of such notification and such plan is

approved by the Commissioner.

(Pub. L. 93–112, title VII, §722, as added Pub. L.

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

4456; amended Pub. L. 103–73, title I, §114(i), 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. (c). Pub. L. 103–73, §114(i)(1), substituted

‘‘has been awarded a grant under this subpart by’’ for

‘‘is receiving funds under this subpart on’’.

Subsec. (d)(1). Pub. L. 103–73, §114(i)(2), inserted ‘‘proposing to serve such region’’ after ‘‘qualified applicant’’.

Subsecs. (f), (g). Pub. L. 103–73, §114(i)(3), (4), added

subsec. (f) and redesignated former subsec. (f) as (g).

SECTION REFERRED TO IN OTHER SECTIONS

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

796f–2, 796f–3 of this title.

§ 796f–2. Grants to centers for independent living

in States in which State funding equals or

exceeds Federal funding

(a) Establishment

(1) In general

(A) Initial year

(i) Determination

Beginning on October 1, 1993, the director of a designated State unit, as provided

in paragraph (2), or the Commissioner, as

provided in paragraph (3), shall award

grants under this section for an initial fiscal year if the Commissioner determines

that the amount of State funds that were

earmarked by a State for a preceding fiscal year to support the general operation

of centers for independent living meeting

the requirements of this subpart equaled

or exceeded the amount of funds allotted

to the State under subsection (c) or (d) of

section 796f of this title for such year.

(ii) Grants

The director or the Commissioner, as appropriate, shall award such grants, from

the amount of funds so allotted for the initial fiscal year, to eligible agencies in the

State for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section

796f–4 of this title.

(iii) Regulation

The Commissioner shall by regulation

specify the preceding fiscal year with respect to which the Commissioner will

make the determinations described in

clause (i) and subparagraph (B), 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.

(B) Subsequent years

For each year subsequent to the initial fiscal year described in subparagraph (A), the

director of the designated State unit shall

continue to have the authority to award

such grants under this section if the Commissioner determines that the State continues to earmark the amount of State funds

described in subparagraph (A)(i). If the State

does not continue to earmark such an

amount for a fiscal year, the State shall be

ineligible to make grants under this section

after a final year following such fiscal year,

as defined in accordance with regulations established by the Commissioner, and for each

subsequent fiscal year.

(2) Grants by designated State units

In order for the designated State unit to be

eligible to award the grants described in paragraph (1) and carry out this section for a fiscal

year with respect to a State, the designated

State agency shall submit an application to

the Commissioner at such time, and in such

manner as the Commissioner may require, in-