---
kind: "range"
citation: "29 U.S.C. §§ 796f–796f–6"
title: "29"
from: "796f"
to: "796f–6"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/29/796f..796f-6"
---

# §796f. Program authorization

- (a) **In general—** From the [funds](/usc/29/1301.md?p=a-5) appropriated for fiscal year 2015 and for each subsequent fiscal year to carry out this subpart, the [Administrator](/usc/29/796a.md?p=1) shall make available such sums as may be necessary to [States](/usc/29/705.md?p=34), centers for independent living, and other entities in accordance with [subsections (b) through (d)](#b..d).
- (b) **Training—**
  - (1) **Grants; contracts; cooperative agreements—** From the [funds](/usc/29/1301.md?p=a-5) appropriated to carry out this subpart for any fiscal year, beginning with fiscal year 2015, the [Administrator](/usc/29/796a.md?p=1) shall first reserve not less than 1.8 percent and not more than 2 percent of the [funds](/usc/29/1301.md?p=a-5), to provide training and technical assistance to centers for independent living and [eligible agencies](/usc/29/796f–5.md) for such fiscal year.
  - (2) **Allocation—** From the [funds](/usc/29/1301.md?p=a-5) reserved under [paragraph (1)](#b-1), the [Administrator](/usc/29/796a.md?p=1) shall make grants to, or enter into contracts or cooperative agreements with, entities that have experience in the operation of centers for independent living to provide such training and technical assistance with respect to fiscal management of,[^1] planning, developing, conducting, administering, and evaluating centers for independent living.
  - (3) **Funding priorities—** The [Administrator](/usc/29/796a.md?p=1) shall conduct a survey of centers for independent living regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, and other arrangements.
  - (4) **Review—** To be eligible to receive a grant or enter into a contract or cooperative agreement under this subsection, such an entity shall submit an application to the [Administrator](/usc/29/796a.md?p=1) at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the [Administrator](/usc/29/796a.md?p=1) may require. The [Administrator](/usc/29/796a.md?p=1) shall provide for peer review of grant applications by panels that include [persons](/usc/29/1301.md?p=a-20) who are not government employees and who have experience in the operation of centers for independent living.
  - (5) **Prohibition on combined funds—** No [funds](/usc/29/1301.md?p=a-5) reserved by the [Administrator](/usc/29/796a.md?p=1) under this subsection may be combined with [funds](/usc/29/1301.md?p=a-5) appropriated under any other Act or part of this chapter if the purpose of combining [funds](/usc/29/1301.md?p=a-5) is to make a single discretionary grant or a single discretionary payment, unless such [funds](/usc/29/1301.md?p=a-5) appropriated under this part are separately identified in such grant or payment and are used for the purposes of this part.
- (c) **In general—**
  - (1) **States—**
    - (A) **Population basis—** After the reservation required by [subsection (b)](#b) has been made, and except as provided in subparagraphs [(B)](#c-1-B) and [(C)](#c-1-C), from the remainder of the amounts appropriated for each such fiscal year to carry out this subpart, the [Administrator](/usc/29/796a.md?p=1) shall make an allotment to each [State](/usc/29/705.md?p=34) whose [State plan](/usc/29/3102.md?p=58) has been approved under [section 796d–1 of this title](/usc/29/796d–1.md) of an amount bearing the same ratio to such remainder as the population of the [State](/usc/29/705.md?p=34) bears to the population of all [States](/usc/29/705.md?p=34).
    - (B) **Maintenance of 1992 amounts—** Subject to the availability of appropriations to carry out this subpart, the amount of any allotment made under [subparagraph (A)](#c-1-A) to a [State](/usc/29/705.md?p=34) for a fiscal year shall not be less than the amount of financial assistance received by centers for independent living in the [State](/usc/29/705.md?p=34) for fiscal year 1992 under part B of this subchapter, as in effect on the day before October 29, 1992.
    - (C) **Minimums—** Subject to the availability of appropriations to carry out this subpart and except as provided in [subparagraph (B)](#c-1-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](/usc/29/705.md?p=34) under [subparagraph (A)](#c-1-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](/usc/29/705.md?p=34) 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](/usc/29/705.md?p=34) under [subparagraph (A)](#c-1-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](/usc/29/705.md?p=34) 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](/usc/29/705.md?p=34) under [subparagraph (A)](#c-1-A) shall approach, as nearly as possible, the greater of the 2 amounts described in [clause (ii)](#c-1-C-ii).
  - (2) **Certain territories—**
    - (A) **In general—** For the purposes of [paragraph (1)(C)](#c-1-C), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be [States](/usc/29/705.md?p=34).
    - (B) **Allotment—** Each jurisdiction described in [subparagraph (A)](#c-2-A) shall be allotted under [paragraph (1)(A)](#c-1-A) not less than ⅛ of 1 percent of the remainder for the fiscal year for which the allotment is made.
  - (3) **Adjustment for inflation—** For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this subpart exceeds the total amount appropriated to carry out this subpart for the preceding fiscal year, the [Administrator](/usc/29/796a.md?p=1) shall increase the minimum allotment under [paragraph (1)(C)](#c-1-C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this subpart between the preceding fiscal year and the fiscal year involved.
  - (4) **Proportional reduction—** To provide allotments to [States](/usc/29/705.md?p=34) in accordance with [paragraph (1)(B)](#c-1-B), to provide minimum allotments to [States](/usc/29/705.md?p=34) (as increased under [paragraph (3)](#c-3)) under [paragraph (1)(C)](#c-1-C), or to provide minimum allotments to [States](/usc/29/705.md?p=34) under [paragraph (2)(B)](#c-2-B), the [Administrator](/usc/29/796a.md?p=1) shall proportionately reduce the allotments of the remaining [States](/usc/29/705.md?p=34) under [paragraph (1)(A)](#c-1-A), with such adjustments as may be necessary to prevent the allotment of any such remaining [State](/usc/29/705.md?p=34) from being reduced to less than the amount required by [paragraph (1)(B)](#c-1-B).
- (d) **Reallotment—** Whenever the [Administrator](/usc/29/796a.md?p=1) determines that any amount of an allotment to a [State](/usc/29/705.md?p=34) for any fiscal year will not be expended by such [State](/usc/29/705.md?p=34) for carrying out the provisions of this subpart, the [Administrator](/usc/29/796a.md?p=1) shall make such amount available for carrying out the provisions of this subpart to one or more of the [States](/usc/29/705.md?p=34) that the [Administrator](/usc/29/796a.md?p=1) determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a [State](/usc/29/705.md?p=34) for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the [State](/usc/29/705.md?p=34) (as determined under the preceding provisions of this section) for such year.

# §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](/usc/29/705.md?p=8-B) awards grants under [section 796f–2 of this title](/usc/29/796f–2.md) to [eligible agencies](/usc/29/796f–5.md) in a [State](/usc/29/705.md?p=34) for a fiscal year, the [Administrator](/usc/29/796a.md?p=1) shall award grants under this section to such [eligible agencies](/usc/29/796f–5.md) for such fiscal year from the amount of [funds](/usc/29/1301.md?p=a-5) allotted to the [State](/usc/29/705.md?p=34) under subsection (c) or (d) of [section 796f of this title](/usc/29/796f.md) for such year.
  - (2) **Grants—** The [Administrator](/usc/29/796a.md?p=1) shall award such grants, from the amount of [funds](/usc/29/1301.md?p=a-5) so allotted, to such [eligible agencies](/usc/29/796f–5.md) 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](/usc/29/796f–4.md).
- (b) **Eligible agencies—** In any [State](/usc/29/705.md?p=34) in which the [Administrator](/usc/29/796a.md?p=1) has approved the [State plan](/usc/29/3102.md?p=58) required by [section 796c of this title](/usc/29/796c.md), the [Administrator](/usc/29/796a.md?p=1) may make a grant under this section to any [eligible agency](/usc/29/796f–5.md) 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](/usc/29/796f–4.md) within a community and to receive and administer [funds](/usc/29/1301.md?p=a-5) under this subpart, [funds](/usc/29/1301.md?p=a-5) and contributions from private or public sources that may be used in support of a [center for independent living](/usc/29/796a.md?p=2), and [funds](/usc/29/1301.md?p=a-5) from other public and private programs;
  - (2) is determined by the [Administrator](/usc/29/796a.md?p=1) to be able to plan, conduct, administer, and evaluate a [center for independent living](/usc/29/796a.md?p=2) consistent with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md); and
  - (3) submits an application to the [Administrator](/usc/29/796a.md?p=1) at such time, in such manner, and containing such information as the [Administrator](/usc/29/796a.md?p=1) may require.
- (c) **Existing eligible agencies—** In the administration of the provisions of this section, the [Administrator](/usc/29/796a.md?p=1) shall award grants for a fiscal year to any [eligible agency](/usc/29/796f–5.md) that has been awarded a grant under this subpart for the preceding fiscal year, unless the [Administrator](/usc/29/796a.md?p=1) 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](/usc/29/796f–4.md).
- (d) **New centers for independent living—**
  - (1) **In general—** If there is no [center for independent living](/usc/29/796a.md?p=2) serving a [region](/usc/29/3102.md?p=53) of the [State](/usc/29/705.md?p=34) or a [region](/usc/29/3102.md?p=53) is underserved, and the increase in the allotment of the [State](/usc/29/705.md?p=34) is sufficient to support an additional [center for independent living](/usc/29/796a.md?p=2) in the [State](/usc/29/705.md?p=34), the [Administrator](/usc/29/796a.md?p=1) may award a grant under this section to the most qualified [applicant](/usc/29/705.md?p=22) proposing to serve such [region](/usc/29/3102.md?p=53). The [Administrator](/usc/29/796a.md?p=1)’s determination of the most qualified [applicant](/usc/29/705.md?p=22) shall be consistent with the provisions in the [State plan](/usc/29/3102.md?p=58) setting forth the design of the [State](/usc/29/705.md?p=34) for establishing a statewide network of centers for independent living.
  - (2) **Selection—** In selecting from among [applicants](/usc/29/705.md?p=22) for a grant under this section for a new [center for independent living](/usc/29/796a.md?p=2), the [Administrator](/usc/29/796a.md?p=1)—
    - (A) shall consider comments regarding the application—
      - (i) by [individuals with disabilities](/usc/29/705.md?p=20-G) and other interested parties within the new [region](/usc/29/3102.md?p=53) proposed to be served; and
      - (ii) if any, by the Statewide Independent Living Council in the [State](/usc/29/705.md?p=34) in which the [applicant](/usc/29/705.md?p=22) is located;
    - (B) shall consider the ability of each such [applicant](/usc/29/705.md?p=22) to operate a [center for independent living](/usc/29/796a.md?p=2) based on—
      - (i) evidence of the need for such a center;
      - (ii) any past performance of such [applicant](/usc/29/705.md?p=22) in providing services comparable to [independent living services](/usc/29/705.md?p=18);
      - (iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md);
      - (iv) the quality of key personnel and the involvement of [individuals with significant disabilities](/usc/29/705.md?p=21-D);
      - (v) budgets and cost-effectiveness;
      - (vi) an evaluation plan; and
      - (vii) the ability of such [applicant](/usc/29/705.md?p=22) to carry out the plans; and
    - (C) shall give priority to applications from [applicants](/usc/29/705.md?p=22) proposing to serve geographic areas within each [State](/usc/29/705.md?p=34) that are currently unserved or underserved by independent living programs, consistent with the provisions of the [State plan](/usc/29/3102.md?p=58) submitted under [section 796c of this title](/usc/29/796c.md) regarding establishment of a statewide network of centers for independent living.
  - (3) **Current centers—** Notwithstanding paragraphs [(1)](#d-1) and [(2)](#d-2), a [center for independent living](/usc/29/796a.md?p=2) 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 [Administrator](/usc/29/796a.md?p=1) shall be guided by the following order of priorities in allocating [funds](/usc/29/1301.md?p=a-5) among centers for independent living within a [State](/usc/29/705.md?p=34), to the extent [funds](/usc/29/1301.md?p=a-5) are available:
  - (1) The [Administrator](/usc/29/796a.md?p=1) shall support existing centers for independent living, as described in [subsection (c)](#c), that comply with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md), at the level of funding for the previous year.
  - (2) The [Administrator](/usc/29/796a.md?p=1) shall provide for a cost-of-living increase for such existing centers for independent living.
  - (3) The [Administrator](/usc/29/796a.md?p=1) shall [fund](/usc/29/1301.md?p=a-5) new centers for independent living, as described in [subsection (d)](#d), that comply with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md).
- (f) **Nonresidential agencies—** A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an [eligible agency](/usc/29/796f–5.md) under this section.
- (g) **Review—**
  - (1) **In general—** The [Administrator](/usc/29/796a.md?p=1) shall periodically review each center receiving [funds](/usc/29/1301.md?p=a-5) 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](/usc/29/796f–4.md). If the [Administrator](/usc/29/796a.md?p=1) determines that any center receiving [funds](/usc/29/1301.md?p=a-5) under this section is not in compliance with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md), the [Administrator](/usc/29/796a.md?p=1) shall immediately notify such center that it is out of compliance.
  - (2) **Enforcement—** The [Administrator](/usc/29/796a.md?p=1) shall terminate all [funds](/usc/29/1301.md?p=a-5) 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 [Administrator](/usc/29/796a.md?p=1).

# §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](/usc/29/705.md?p=8-B), as provided in [paragraph (2)](#a-2), or the [Administrator](/usc/29/796a.md?p=1), as provided in [paragraph (3)](#a-3), shall award grants under this section for an initial fiscal year if the [Administrator](/usc/29/796a.md?p=1) determines that the amount of [State](/usc/29/705.md?p=34) [funds](/usc/29/1301.md?p=a-5) that were earmarked by a [State](/usc/29/705.md?p=34) 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](/usc/29/1301.md?p=a-5) allotted to the [State](/usc/29/705.md?p=34) under subsection (c) or (d) of [section 796f of this title](/usc/29/796f.md) for such year.
      - (ii) **Grants—** The director of a [designated State unit](/usc/29/705.md?p=8-B) or the [Administrator](/usc/29/796a.md?p=1), as appropriate, shall award such grants, from the amount of [funds](/usc/29/1301.md?p=a-5) so allotted for the initial fiscal year, to [eligible agencies](/usc/29/796f–5.md) in the [State](/usc/29/705.md?p=34) 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](/usc/29/796f–4.md).
      - (iii) **Regulation—** The [Administrator](/usc/29/796a.md?p=1) shall by regulation specify the preceding fiscal year with respect to which the [Administrator](/usc/29/796a.md?p=1) will make the determinations described in [clause (i)](#a-1-A-i) and [subparagraph (B)](#a-1-B), making such adjustments as may be necessary to accommodate [State](/usc/29/705.md?p=34) funding cycles such as 2-year funding cycles or [State](/usc/29/705.md?p=34) 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)](#a-1-A), the director of the [designated State unit](/usc/29/705.md?p=8-B) shall continue to have the authority to award such grants under this section if the [Administrator](/usc/29/796a.md?p=1) determines that the [State](/usc/29/705.md?p=34) continues to earmark the amount of [State](/usc/29/705.md?p=34) [funds](/usc/29/1301.md?p=a-5) described in [subparagraph (A)(i)](#a-1-A-i). If the [State](/usc/29/705.md?p=34) does not continue to earmark such an amount for a fiscal year, the [State](/usc/29/705.md?p=34) 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 [Administrator](/usc/29/796a.md?p=1), and for each subsequent fiscal year.
  - (2) **Grants by designated State units—** In order for the [designated State unit](/usc/29/705.md?p=8-B) to be eligible to award the grants described in [paragraph (1)](#a-1) and carry out this section for a fiscal year with respect to a [State](/usc/29/705.md?p=34), the [designated State agency](/usc/29/705.md?p=8-A) shall submit an application to the [Administrator](/usc/29/796a.md?p=1) at such time, and in such manner as the [Administrator](/usc/29/796a.md?p=1) may require, including information about the amount of [State](/usc/29/705.md?p=34) [funds](/usc/29/1301.md?p=a-5) described in [paragraph (1)](#a-1) for the preceding fiscal year. If the [Administrator](/usc/29/796a.md?p=1) makes a determination described in subparagraph [(A)(i)](#a-1-A-i) or [(B)](#a-1-B), as appropriate, of [paragraph (1)](#a-1), the [Administrator](/usc/29/796a.md?p=1) shall approve the application and designate the director of the [designated State unit](/usc/29/705.md?p=8-B) to award the grant and carry out this section.
  - (3) **Grants by Administrator—** If the [designated State agency](/usc/29/705.md?p=8-A) of a [State](/usc/29/705.md?p=34) described in [paragraph (1)](#a-1) does not submit and obtain approval of an application under [paragraph (2)](#a-2), the [Administrator](/usc/29/796a.md?p=1) shall award the grant described in [paragraph (1)](#a-1) to [eligible agencies](/usc/29/796f–5.md) in the [State](/usc/29/705.md?p=34) in accordance with [section 796f–1 of this title](/usc/29/796f–1.md).
- (b) **Eligible agencies—** In any [State](/usc/29/705.md?p=34) in which the [Administrator](/usc/29/796a.md?p=1) has approved the [State plan](/usc/29/3102.md?p=58) required by [section 796c of this title](/usc/29/796c.md), the director of the [designated State unit](/usc/29/705.md?p=8-B) may award a grant under this section to any [eligible agency](/usc/29/796f–5.md) 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](/usc/29/796f–4.md) within a community and to receive and administer [funds](/usc/29/1301.md?p=a-5) under this subpart, [funds](/usc/29/1301.md?p=a-5) and contributions from private or public sources that may be used in support of a [center for independent living](/usc/29/796a.md?p=2), and [funds](/usc/29/1301.md?p=a-5) 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](/usc/29/796a.md?p=2), consistent with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md); 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](/usc/29/705.md?p=8-B) may require.
- (c) **Existing eligible agencies—** In the administration of the provisions of this section, the director of the [designated State unit](/usc/29/705.md?p=8-B) shall award grants for a fiscal year under this section to any [eligible agency](/usc/29/796f–5.md) that has been awarded a grant under this subpart for the preceding fiscal year, 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](/usc/29/796f–4.md).
- (d) **New centers for independent living—**
  - (1) **In general—** If there is no [center for independent living](/usc/29/796a.md?p=2) serving a [region](/usc/29/3102.md?p=53) of the [State](/usc/29/705.md?p=34) or the [region](/usc/29/3102.md?p=53) is unserved or underserved, and the increase in the allotment of the [State](/usc/29/705.md?p=34) is sufficient to support an additional [center for independent living](/usc/29/796a.md?p=2) in the [State](/usc/29/705.md?p=34), the director of the [designated State unit](/usc/29/705.md?p=8-B) may award a grant under this section from among [eligible agencies](/usc/29/796f–5.md), consistent with the provisions of the [State plan](/usc/29/3102.md?p=58) under [section 796c of this title](/usc/29/796c.md) setting forth the design of the [State](/usc/29/705.md?p=34) for establishing a statewide network of centers for independent living.
  - (2) **Selection—** In selecting from among [eligible agencies](/usc/29/796f–5.md) in awarding a grant under this subpart for a new [center for independent living](/usc/29/796a.md?p=2)—
    - (A) the director of the [designated State unit](/usc/29/705.md?p=8-B) and the chairperson of, or other [individual](/usc/29/705.md?p=22) 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](/usc/29/796f–4.md) and criteria jointly established by such director and such chairperson or [individual](/usc/29/705.md?p=22);
    - (B) the peer review committee shall consider the ability of each such [applicant](/usc/29/705.md?p=22) to operate a [center for independent living](/usc/29/796a.md?p=2), and shall recommend an [applicant](/usc/29/705.md?p=22) to receive a grant under this section, based on—
      - (i) evidence of the need for a [center for independent living](/usc/29/796a.md?p=2), consistent with the [State plan](/usc/29/3102.md?p=58);
      - (ii) any past performance of such [applicant](/usc/29/705.md?p=22) in providing services comparable to [independent living services](/usc/29/705.md?p=18);
      - (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](/usc/29/796f–4.md);
      - (iv) the quality of key personnel of the [applicant](/usc/29/705.md?p=22) and the involvement of [individuals with significant disabilities](/usc/29/705.md?p=21-D) by the [applicant](/usc/29/705.md?p=22);
      - (v) the budgets and cost-effectiveness of the [applicant](/usc/29/705.md?p=22);
      - (vi) the evaluation plan of the [applicant](/usc/29/705.md?p=22); and
      - (vii) the ability of such [applicant](/usc/29/705.md?p=22) to carry out the plans; and
    - (C) the director of the [designated State unit](/usc/29/705.md?p=8-B) 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](/usc/29/705.md?p=34) law.
  - (3) **Current centers—** Notwithstanding paragraphs [(1)](#d-1) and [(2)](#d-2), a [center for independent living](/usc/29/796a.md?p=2) 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](/usc/29/705.md?p=8-B) and the chairperson of the Council or other [individual](/usc/29/705.md?p=22) 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](/usc/29/1301.md?p=a-5) among centers for independent living within a [State](/usc/29/705.md?p=34), to the extent [funds](/usc/29/1301.md?p=a-5) are available:
  - (1) The director of the [designated State unit](/usc/29/705.md?p=8-B) shall support existing centers for independent living, as described in [subsection (c)](#c), that comply with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md), at the level of funding for the previous year.
  - (2) The director of the [designated State unit](/usc/29/705.md?p=8-B) shall provide for a cost-of-living increase for such existing centers for independent living.
  - (3) The director of the [designated State unit](/usc/29/705.md?p=8-B) shall [fund](/usc/29/1301.md?p=a-5) new centers for independent living, as described in [subsection (d)](#d), that comply with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md).
- (f) **Nonresidential agencies—** A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an [eligible agency](/usc/29/796f–5.md) under this section.
- (g) **Review—**
  - (1) **In general—** The director of the [designated State unit](/usc/29/705.md?p=8-B) shall periodically review each center receiving [funds](/usc/29/1301.md?p=a-5) 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](/usc/29/796f–4.md). If the director of the [designated State unit](/usc/29/705.md?p=8-B) determines that any center receiving [funds](/usc/29/1301.md?p=a-5) under this section is not in compliance with the standards and assurances set forth in [section 796f–4 of this title](/usc/29/796f–4.md), the director of the [designated State unit](/usc/29/705.md?p=8-B) shall immediately notify such center that it is out of compliance.
  - (2) **Enforcement—** The director of the [designated State unit](/usc/29/705.md?p=8-B) shall terminate all [funds](/usc/29/1301.md?p=a-5) 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)](#i), the date of any final decision under [subsection (i)](#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](/usc/29/796a.md?p=1).

- (h) **Onsite compliance review—** The director of the [designated State unit](/usc/29/705.md?p=8-B) 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](/usc/29/705.md?p=34). Each team that conducts onsite compliance review of centers for independent living shall include at least one [person](/usc/29/1301.md?p=a-20) who is not an employee of the [designated State agency](/usc/29/705.md?p=8-A), who has experience in the operation of centers for independent living, and who is jointly selected by the director of the [designated State unit](/usc/29/705.md?p=8-B) and the chairperson of or other [individual](/usc/29/705.md?p=22) 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 [Administrator](/usc/29/796a.md?p=1).
- (i) **Adverse actions—** If the director of the [designated State unit](/usc/29/705.md?p=8-B) proposes to take a significant adverse action against a [center for independent living](/usc/29/796a.md?p=2), the center may seek mediation and conciliation to be provided by an [individual](/usc/29/705.md?p=22) or [individuals](/usc/29/705.md?p=22) who are free of conflicts of interest identified by the chairperson of or other [individual](/usc/29/705.md?p=22) 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 [Administrator](/usc/29/796a.md?p=1) for a final decision.

# §796f–3. Centers operated by State agencies


A [State](/usc/29/705.md?p=34) 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](/usc/29/705.md?p=26) private agency—
  - (A) submits an acceptable application to operate a [center for independent living](/usc/29/796a.md?p=2) for the fiscal year before a date specified by the [Administrator](/usc/29/796a.md?p=1); and
  - (B) obtains approval of the application under section [796f–1](/usc/29/796f–1.md) or [796f–2](/usc/29/796f–2.md) of this title; or
- (2) after funding all applications so submitted and approved, the [Administrator](/usc/29/796a.md?p=1) determines that [funds](/usc/29/1301.md?p=a-5) remain available to provide such assistance.

# §796f–4. Standards and assurances for centers for independent living

- (a) **In general—** Each [center for independent living](/usc/29/796a.md?p=2) that receives assistance under this subpart shall comply with the standards set out in [subsection (b)](#b) and provide and comply with the assurances set out in [subsection (c)](#c) 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](/usc/29/796a.md?p=3) 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](/usc/29/705.md?p=21-D), 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—** The center shall provide services to [individuals](/usc/29/705.md?p=22) with a range of significant [disabilities](/usc/29/705.md?p=9). The center shall provide services on a cross-[disability](/usc/29/705.md?p=9) basis (for [individuals](/usc/29/705.md?p=22) with all different types of significant [disabilities](/usc/29/705.md?p=9), including [individuals with significant disabilities](/usc/29/705.md?p=21-D) who are members of populations that are unserved or underserved by programs under this subchapter). Eligibility for services at any [center for independent living](/usc/29/796a.md?p=2) shall be determined by the center, and shall not be based on the presence of any one or more specific significant [disabilities](/usc/29/705.md?p=9).
  - (3) **Independent living goals—** The center shall facilitate the development and achievement of independent living goals selected by [individuals with significant disabilities](/usc/29/705.md?p=21-D) 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](/usc/29/705.md?p=21-D).
  - (5) **Independent living core services—** The center shall provide [independent living core services](/usc/29/705.md?p=17) and, as appropriate, a combination of any other [independent living services](/usc/29/705.md?p=18).
  - (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](/usc/29/705.md?p=21-D).
  - (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](/usc/29/796f–5.md) shall provide at such time and in such manner as the [Administrator](/usc/29/796a.md?p=1) may require, such satisfactory assurances as the [Administrator](/usc/29/796a.md?p=1) may require, including satisfactory assurances that—
  - (1) the [applicant](/usc/29/705.md?p=22) is an [eligible agency](/usc/29/796f–5.md);
  - (2) the center will be designed and operated within local communities by [individuals with disabilities](/usc/29/705.md?p=20-G), 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](/usc/29/705.md?p=21-D);
  - (3) the [applicant](/usc/29/705.md?p=22) will comply with the standards set forth in [subsection (b)](#b);
  - (4) the [applicant](/usc/29/705.md?p=22) 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](/usc/29/705.md?p=22) are consistent with the most recent 3-year [State plan](/usc/29/3102.md?p=58) under [section 796c of this title](/usc/29/796c.md);
  - (5) the [applicant](/usc/29/705.md?p=22) will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified [individuals with significant disabilities](/usc/29/705.md?p=21-D) on the same terms and conditions required with respect to the employment of [individuals with disabilities](/usc/29/705.md?p=20-G) under [section 793 of this title](/usc/29/793.md);
  - (6) the [applicant](/usc/29/705.md?p=22) will ensure that the majority of the staff, and [individuals](/usc/29/705.md?p=22) in decisionmaking positions, of the [applicant](/usc/29/705.md?p=22) are [individuals with disabilities](/usc/29/705.md?p=20-G);
  - (7) the [applicant](/usc/29/705.md?p=22) will practice sound fiscal management;
  - (8) the [applicant](/usc/29/705.md?p=22) 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](/usc/29/705.md?p=21-D) receiving services through the center;
    - (C) the types of services provided through the center and the number of [individuals with significant disabilities](/usc/29/705.md?p=21-D) 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](/usc/29/705.md?p=21-D) 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](/usc/29/705.md?p=21-D) 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](/usc/29/705.md?p=21-D) 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)](#c-8);
  - (13) the center will prepare and submit a report to the [designated State unit](/usc/29/705.md?p=8-B) or the [Administrator](/usc/29/796a.md?p=1), as the case may be, at the end of each fiscal year that contains the information described in [paragraph (8)](#c-8) and information regarding the extent to which the center is in compliance with the standards set forth in [subsection (b)](#b); and
  - (14) an independent living plan described in [section 796c(e) of this title](/usc/29/796c.md?p=e) will be developed unless the [individual](/usc/29/705.md?p=22) who would receive services under the plan signs a waiver stating that such a plan is unnecessary.

# §796f–5. “Eligible agency” defined


As used in this subpart, the term “eligible agency” means a consumer-controlled, community-based, cross-[disability](/usc/29/705.md?p=9), nonresidential private [nonprofit](/usc/29/705.md?p=26) agency.


# §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.