
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-4]

 
                             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-4. Standards and assurances for centers for 
        independent living
        

(a) In general

    Each center for independent living that receives assistance under 
this subpart shall comply with the standards set out in subsection (b) 
of this section and provide and comply with the assurances set out in 
subsection (c) of this section in order to ensure that all programs and 
activities under this subpart are planned, conducted, administered, and 
evaluated in a manner consistent with the purposes of this part and the 
objective of providing assistance effectively and efficiently.

(b) Standards

                           (1) Philosophy

        The center shall promote and practice the independent living 
    philosophy of--
            (A) consumer control of the center regarding decisionmaking, 
        service delivery, management, and establishment of the policy 
        and direction of the center;
            (B) self-help and self-advocacy;
            (C) development of peer relationships and peer role models; 
        and
            (D) equal access of individuals with significant 
        disabilities to society and to all services, programs, 
        activities, resources, and facilities, whether public or private 
        and regardless of the funding source.

                      (2) Provision of services

        The center shall provide services to individuals with a range of 
    significant disabilities. The center shall provide services on a 
    cross-disability basis (for individuals with all different types of 
    significant disabilities, including individuals with significant 
    disabilities who are members of populations that are unserved or 
    underserved by programs under this subchapter). Eligibility for 
    services at any center for independent living shall be determined by 
    the center, and shall not be based on the presence of any one or 
    more specific significant disabilities.

                    (3) Independent living goals

        The center shall facilitate the development and achievement of 
    independent living goals selected by individuals with significant 
    disabilities who seek such assistance by the center.

                        (4) Community options

        The center shall work to increase the availability and improve 
    the quality of community options for independent living in order to 
    facilitate the development and achievement of independent living 
    goals by individuals with significant disabilities.

                (5) Independent living core services

        The center shall provide independent living core services and, 
    as appropriate, a combination of any other independent living 
    services.

            (6) Activities to increase community capacity

        The center shall conduct activities to increase the capacity of 
    communities within the service area of the center to meet the needs 
    of individuals with significant disabilities.

                 (7) Resource development activities

        The center shall conduct resource development activities to 
    obtain funding from sources other than this part.

(c) Assurances

    The eligible agency shall provide at such time and in such manner as 
the Commissioner may require, such satisfactory assurances as the 
Commissioner may require, including satisfactory assurances that--
        (1) the applicant is an eligible agency;
        (2) the center will be designed and operated within local 
    communities by individuals with disabilities, including an assurance 
    that the center will have a Board that is the principal governing 
    body of the center and a majority of which shall be composed of 
    individuals with significant disabilities;
        (3) the applicant will comply with the standards set forth in 
    subsection (b) of this section;
        (4) the applicant will establish clear priorities through annual 
    and 3-year program and financial planning objectives for the center, 
    including overall goals or a mission for the center, a work plan for 
    achieving the goals or mission, specific objectives, service 
    priorities, and types of services to be provided, and a description 
    that shall demonstrate how the proposed activities of the applicant 
    are consistent with the most recent 3-year State plan under section 
    796c of this title;
        (5) the applicant will use sound organizational and personnel 
    assignment practices, including taking affirmative action to employ 
    and advance in employment qualified individuals with significant 
    disabilities on the same terms 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;
        (8) the applicant will conduct annual self-evaluations, 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 significant 
        disabilities receiving services through the center;
            (C) the types of services provided through the center and 
        the number of individuals with significant 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 significant 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 significant 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 significant 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, Sec. 725, as added Pub. L. 105-220, title 
IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L. 105-332, 
Sec. 5(c), Oct. 31, 1998, 112 Stat. 3127.)


                            Prior Provisions

    A prior section 796f-4, Pub. L. 93-112, title VII, Sec. 725, as 
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 
4462; amended Pub. L. 103-73, title I, Sec. 114(l), Aug. 11, 1993, 107 
Stat. 731, related to standards and assurances for centers for 
independent living, prior to the general amendment of this subchapter by 
Pub. L. 105-220.


                               Amendments

    1998--Subsec. (c)(7). Pub. L. 105-332 substituted ``management;'' 
for ``management, including making arrangements for an annual 
independent fiscal audit, notwithstanding section 7502(a)(2)(A) of title 
31;''.

                  Section Referred to in Other Sections

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