§ 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-
Page 317 TITLE 29—LABOR § 796f–2

cluding information about the amount of

State funds described in paragraph (1) for the

preceding fiscal year. If the Commissioner

makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Commissioner shall approve the

application and designate the director of the

designated State unit to award the grant and

carry out this section.

(3) Grants by Commissioner

If the designated State agency of a State described in paragraph (1) does not submit and

obtain approval of an application under paragraph (2), the Commissioner shall award the

grant described in paragraph (1) to eligible

agencies in the State in accordance with section 796f–1 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 director of the designated State

unit may award 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 director 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 director at

such time, in such manner, and containing

such information as the head of the designated

State unit may require.

(c) Existing eligible agencies

In the administration of the provisions of this

section, the director of the designated State

unit shall award grants under this section to

any eligible agency that has been awarded a

grant under this subpart by September 30, 1993,

unless the director makes a finding that the

agency involved fails to comply with the 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 the region is

unserved or underserved, and the increase in

the allotment of the State is sufficient to support an additional center for independent living in the State, the director of the designated

State unit may award a grant under this section from among eligible agencies, consistent

with the provisions of the State plan under

section 796c of this title setting forth the design of the State for establishing a statewide

network of centers for independent living.

(2) Selection

In selecting from among eligible agencies in

awarding a grant under this subpart for a new

center for independent living—

(A) the director of the designated State

unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of and at

the direction of the Council, shall jointly appoint a peer review committee that shall

rank applications in accordance with the

standards and assurances set forth in section

796f–4 of this title and criteria jointly established by such director and such chairperson

or individual;

(B) the peer review committee shall consider the ability of each such applicant to

operate a center for independent living, and

shall recommend an applicant to receive a

grant under this section, based on—

(i) evidence of the need for a center for

independent living, consistent with the

State plan;

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

independent living services;

(iii) the plan for complying with, or demonstrated success in complying with, the

standards and the assurances set forth in

section 796f–4 of this title;

(iv) the quality of key personnel of the

applicant and the involvement of individuals with severe disabilities by the applicant;

(v) the budgets and cost-effectiveness of

the applicant;

(vi) the evaluation plan of the applicant;

and

(vii) the ability of such applicant to

carry out the plans; and

(C) the director of the designated State

unit shall award the grant on the basis of

the recommendations of the peer review

committee if the actions of the committee

are consistent with Federal and State law.

(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

Unless the director of the designated State

unit and the chairperson of the Council or other

individual designated by the Council acting on

behalf of and at the direction of the Council

jointly agree on another order of priority, the

director 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:

(1) The director of the designated State unit

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 director of the designated State unit

shall provide for a cost-of-living increase for

such existing centers for independent living.
§ 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.