29 USC 796f-1 - Grants to centers for independent living in States in which Federal funding exceeds State funding

U.S Code last checked for updates: Apr 29, 2024

§ 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 agencies

In 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)

Selection

In 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 priorities

The 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.)

cite as: 29 USC 796f-1