§ 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.)