Collapse to view only § 796f. Program authorization
- § 796f. Program authorization
- § 796f-1. Grants to centers for independent living in States in which Federal funding exceeds State funding
- § 796f-2. Grants to centers for independent living in States in which State funding equals or exceeds Federal funding
- § 796f-3. Centers operated by State agencies
- § 796f-4. Standards and assurances for centers for independent living
- § 796f-5. “Eligible agency” defined
- § 796f-6. Authorization of appropriations
§ 796f. Program authorization
(a) In general
(b) Training
(1) Grants; contracts; cooperative agreements
(2) Allocation
(3) Funding priorities
(4) Review
(5) Prohibition on combined funds
(c) In general
(1) States
(A) Population basis
(B) Maintenance of 1992 amounts
(C) Minimums
Subject to the availability of appropriations to carry out this subpart and except as provided in subparagraph (B), for a fiscal year in which the amounts appropriated to carry out this subpart exceed the amounts appropriated for fiscal year 1992 to carry out part B of this subchapter, as in effect on the day before October 29, 1992—
(i) if such excess is not less than $8,000,000, the allotment to any State under subparagraph (A) shall be not less than $450,000 or ⅓ of 1 percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $450,000 or ⅓ of 1 percent of such sums shall be increased to the greater of the 2 amounts;
(ii) if such excess is not less than $4,000,000 and is less than $8,000,000, the allotment to any State under subparagraph (A) shall be not less than $400,000 or ⅓ of 1 percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $400,000 or ⅓ of 1 percent of such sums shall be increased to the greater of the 2 amounts; and
(iii) if such excess is less than $4,000,000, the allotment to any State under subparagraph (A) shall approach, as nearly as possible, the greater of the 2 amounts described in clause (ii).
(2) Certain territories
(A) In general
(B) Allotment
(3) Adjustment for inflation
(4) Proportional reduction
(d) Reallotment
(Pub. L. 93–112, title VII, § 721, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226; amended Pub. L. 113–128, title IV, § 481, July 22, 2014, 128 Stat. 1691.)
§ 796f–1. Grants to centers for independent living in States in which Federal funding exceeds State funding
(a) Establishment
(1) In general
(2) Grants
(b) Eligible agenciesIn any State in which the Administrator has approved the State plan required by section 796c of this title, the Administrator 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 Administrator 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 Administrator at such time, in such manner, and containing such information as the Administrator may require.
(c) Existing eligible agencies
(d) New centers for independent living
(1) In general
(2) SelectionIn selecting from among applicants for a grant under this section for a new center for independent living, the Administrator—
(A) shall consider comments regarding the application—
(i) by individuals with disabilities and other interested parties within the new region proposed to be served; and
(ii) 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
(e) Order of prioritiesThe Administrator 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 Administrator shall support existing centers for independent living, as described in subsection (c), 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 Administrator shall provide for a cost-of-living increase for such existing centers for independent living.
(3) The Administrator shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 796f–4 of this title.
(f) Nonresidential agencies
(g) Review
(1) In general
(2) Enforcement
(Pub. L. 93–112, title VII, § 722, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1229; amended Pub. L. 113–128, title IV, § 482(a), July 22, 2014, 128 Stat. 1692.)
§ 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
(ii) Grants
(iii) Regulation
(B) Subsequent years
(2) Grants by designated State units
(3) Grants by Administrator
(b) Eligible agenciesIn any State in which the Administrator 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
(d) New centers for independent living
(1) In general
(2) SelectionIn 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
(e) Order of prioritiesUnless 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), 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), that comply with the standards and assurances set forth in section 796f–4 of this title.
(f) Nonresidential agencies
(g) Review
(1) In general
(2) EnforcementThe 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), the date of any final decision under subsection (i),
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 Administrator.
(h) Onsite compliance review
(i) Adverse actions
(Pub. L. 93–112, title VII, § 723, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1231; amended Pub. L. 113–128, title IV, § 482(b), July 22, 2014, 128 Stat. 1693.)
§ 796f–3. Centers operated by State agenciesA State that receives assistance for fiscal year 2015 with respect to a center in accordance with subsection (a) of this section (as in effect on the day before July 22, 2014) may continue to receive assistance under this subpart for fiscal year 2015 or a succeeding fiscal year if, for such fiscal year—
(1) no nonprofit private agency—
(A) submits an acceptable application to operate a center for independent living for the fiscal year before a date specified by the Administrator; and
(B) obtains approval of the application under section 796f–1 or 796f–2 of this title; or
(2) after funding all applications so submitted and approved, the Administrator determines that funds remain available to provide such assistance.
(Pub. L. 93–112, title VII, § 724, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L. 113–128, title IV, § 482(c), July 22, 2014, 128 Stat. 1693.)
§ 796f–4. Standards and assurances for centers for independent living
(a) In general
(b) Standards
(1) PhilosophyThe 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 for individuals with significant disabilities, within their communities, to all services, programs, activities, resources, and facilities, whether public or private and regardless of the funding source.
(2) Provision of services
(3) Independent living goals
(4) Community options
(5) Independent living core services
(6) Activities to increase community capacity
(7) Resource development activities
(c) AssurancesThe eligible agency shall provide at such time and in such manner as the Administrator may require, such satisfactory assurances as the Administrator 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);
(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 Administrator, 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); 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. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L. 105–332, § 5(c), Oct. 31, 1998
§ 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. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237.)
§ 796f–6. Authorization of appropriations
There are authorized to be appropriated to carry out this subpart $78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020.
(Pub. L. 93–112, title VII, § 727, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237; amended Pub. L. 113–128, title IV, § 484, July 22, 2014, 128 Stat. 1693.)