
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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-2]

 
                             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-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

                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, including 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, 1997, 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 significant 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 for a fiscal year 
    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.
        (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) Onsite 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 onsite 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, Sec. 723, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1231.)

                       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-2, Pub. L. 93-112, title VII, Sec. 723, as 
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 
4458; amended Pub. L. 103-73, title I, Sec. 114(j), Aug. 11, 1993, 107 
Stat. 731, related to grants to centers for independent living in States 
in which State funding equals or exceeds Federal 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 796c, 796d-1, 796f-1, 796f-3 
of this title.
