
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC796f-1]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
SUBCHAPTER VII--INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT 
                                 LIVING
 
            Part A--Individuals With Significant Disabilities
 
                subpart 3--centers for independent living
 
Sec. 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, 1997, 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 significant 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 for a fiscal year 
    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:
        (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, Sec. 722, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1229.)

                       References in Text

    This subpart, referred to in subsec. (c), means subpart 3 (Sec. 796f 
et seq.) of part A of this subchapter, prior to the general amendment of 
this subchapter by Pub. L. 105-220, title IV, Sec. 410, Aug. 7, 1998, 
112 Stat. 1217.


                            Prior Provisions

    A prior section 796f-1, Pub. L. 93-112, title VII, Sec. 722, as 
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 
4456; amended Pub. L. 103-73, title I, Sec. 114(i), Aug. 11, 1993, 107 
Stat. 731, related to grants to centers for independent living in States 
in which Federal funding exceeds State funding, prior to the general 
amendment of this subchapter by Pub. L. 105-220.

                  Section Referred to in Other Sections

    This section is referred to in sections 796d-1, 796f-2, 796f-3 of 
this title.
