29 U.S.C. § 796a — Definitions

Page 319 TITLE 29—LABOR § 796a as having been added by Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1217, without reference to those intervening amendments because of the extensive revi- sion of title VII by Pub. L. 105–220. PART A—INDIVIDUALS WITH SIGNIFICANT DISABILITIES SUBPART 1—GENERAL PROVISIONS § 796. Purpose The purpose of this part is to promote a phi- losophy of independent living, including a phi- losophy of consumer control, peer support, self- help, self-determination, equal access, and indi- vidual and system advocacy, in order to maxi- mize the leadership, empowerment, independ- ence, and productivity of individuals with dis- abilities, and the integration and full inclusion of individuals with disabilities into the main- stream of American society, by— (1) providing financial assistance to States for providing, expanding, and improving the provision of independent living services; (2) providing financial assistance to develop and support statewide networks of centers for independent living; and (3) providing financial assistance to States for improving working relationships among State independent living rehabilitation serv- ice programs, centers for independent living, Statewide Independent Living Councils estab- lished under section 796d of this title, State vocational rehabilitation programs receiving assistance under subchapter I, State programs of supported employment services receiving assistance under subchapter VI, client assist- ance programs receiving assistance under sec- tion 732 of this title, programs funded under other subchapters of this chapter, programs funded under other Federal law, and programs funded through non-Federal sources, with the goal of improving the independence of individ- uals with disabilities. (Pub. L. 93–112, title VII, § 701, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1217; amended Pub. L. 113–128, title IV, § 471, July 22, 2014, 128 Stat. 1685.) Editorial Notes PRIOR PROVISIONS A prior section 796, Pub. L. 93–112, title VII, § 701, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4443; amended Pub. L. 103–73, title I, § 114(a), Aug. 11, 1993, 107 Stat. 728, related to purpose of program to provide assistance for independent living for individ- uals with severe disabilities, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 796, Pub. L. 93–112, title VII, § 701, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2995, provided Congressional statement of pur- pose of former subchapter VII, prior to repeal by Pub. L. 102–569, § 701(1). AMENDMENTS 2014—Par. (3). Pub. L. 113–128 substituted ‘‘subchapter VI’’ for ‘‘part B of subchapter VI’’ and inserted before period at end ‘‘, with the goal of improving the inde- pendence of individuals with disabilities’’. § 796–1. Administration of the independent living program There is established within the Administra- tion for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the ‘‘Director’’) appointed by the Secretary of Health and Human Services. The Director shall be an indi- vidual with substantial knowledge of inde- pendent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this part. In performing the functions of the office, the Director shall be directly re- sponsible to the Administrator of the Adminis- tration for Community Living of the Depart- ment of Health and Human Services. The Sec- retary shall ensure that the Independent Living Administration has sufficient resources (includ- ing designating at least 1 individual from the Of- fice of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and over- sight of, the programs funded under this part. (Pub. L. 93–112, title VII, § 701A, as added Pub. L. 113–128, title IV, § 472, July 22, 2014, 128 Stat. 1685.) § 796a. Definitions As used in this part: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Administration for Commu- nity Living of the Department of Health and Human Services. (2) Center for independent living The term ‘‘center for independent living’’ means a consumer-controlled, community- based, cross-disability, nonresidential private nonprofit agency for individuals with signifi- cant disabilities (regardless of age or income) that— (A) is designed and operated within a local community by individuals with disabilities; and (B) provides an array of independent living services, including, at a minimum, inde- pendent living core services as defined in section 705(17) of this title. (3) Consumer control The term ‘‘consumer control’’ means, with respect to a center for independent living, that the center vests power and authority in indi- viduals with disabilities, in terms of the man- agement, staffing, decisionmaking, operation, and provisions of services, of the center. (Pub. L. 93–112, title VII, § 702, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218; amended Pub. L. 113–128, title IV, § 473, July 22, 2014, 128 Stat. 1685.) Editorial Notes PRIOR PROVISIONS A prior section 796a, Pub. L. 93–112, title VII, § 702, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4443, defined terms ‘‘center for independent liv- ing’’ and ‘‘consumer control’’, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 796a, Pub. L. 93–112, title VII, § 702, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, Page 320 TITLE 29—LABOR § 796b 92 Stat. 2995; amended Pub. L. 99–506, title I, § 103(d)(2)(A), (C), title VIII, § 801, title X, §§ 1001(g)(1), 1002(h), Oct. 21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub. L. 100–630, title II, § 208(a), Nov. 7, 1988, 102 Stat. 3314, provided eligibility requirements and definition of ‘‘comprehensive services for independent living’’, prior to repeal by Pub. L. 102–569, § 701(1). AMENDMENTS 2014—Par. (1). Pub. L. 113–128, § 473(4), added par. (1). Former par. (1) redesignated (2). Pub. L. 113–128, § 473(1)(A), inserted ‘‘for individuals with significant disabilities (regardless of age or in- come)’’ before ‘‘that—’’ in introductory provisions. Par. (1)(B). Pub. L. 113–128, § 473(1)(B), inserted ‘‘, including, at a minimum, independent living core services as defined in section 705(17) of this title’’ be- fore period at end. Par. (2). Pub. L. 113–128, § 473(3), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 113–128, § 473(2), inserted ‘‘, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center’’ before period at end. Par. (3). Pub. L. 113–128, § 473(3), redesignated par. (2) as (3). § 796b. Eligibility for receipt of services Services may be provided under this part to any individual with a significant disability, as defined in section 705(21)(B) of this title. (Pub. L. 93–112, title VII, § 703, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218.) Editorial Notes PRIOR PROVISIONS A prior section 796b, Pub. L. 93–112, title VII, § 703, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4444, related to eligibility for receipt of services, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 796b, Pub. L. 93–112, title VII, § 703, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2996; amended Pub. L. 99–506, title X, § 1001(g)(2), Oct. 21, 1986, 100 Stat. 1843; Pub. L. 100–630, title II, § 208(b), Nov. 7, 1988, 102 Stat. 3314, related to State allotments for comprehensive services for inde- pendent living, prior to repeal by Pub. L. 102–569, § 701(1). § 796c. State plan (a) In general (1) Requirement To be eligible to receive financial assistance under this part, a State shall submit to the Administrator, and obtain approval of, a State plan developed and signed in accordance with paragraph (2), containing such provisions as the Administrator may require, including, at a minimum, the provisions required in this sec- tion. (2) Joint development The plan under paragraph (1) shall be joint- ly— (A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and (B) signed by— (i) the chairperson of the Statewide Inde- pendent Living Council, acting on behalf of and at the direction of the Council; (ii) the director of the designated State entity described in subsection (c); and (iii) not less than 51 percent of the direc- tors of the centers for independent living in the State. (3) Periodic review and revision The plan shall provide for the review and re- vision of the plan, not less than once every 3 years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the State for— (A) the provision of independent living services in the State; (B) the development and support of a statewide network of centers for inde- pendent living; and (C) working relationships and collabora- tion between— (i) centers for independent living; and (ii)(I) entities carrying out programs that provide independent living services, including those serving older individuals; (II) other community-based organiza- tions that provide or coordinate the provi- sion of housing, transportation, employ- ment, information and referral assistance, services, and supports for individuals with significant disabilities; and (III) entities carrying out other pro- grams providing services for individuals with disabilities. (4) Date of submission The State shall submit the plan to the Ad- ministrator 90 days before the completion date of the preceding plan. If a State fails to sub- mit such a plan that complies with the re- quirements of this section, the Administrator may withhold financial assistance under this part until such time as the State submits such a plan. (5) Statewideness The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent pos- sible. (b) Statewide Independent Living Council The plan shall provide for the establishment of a Statewide Independent Living Council in ac- cordance with section 796d of this title. (c) Designation of State entity The plan shall designate a State entity of such State (referred to in this subchapter as the ‘‘des- ignated State entity’’) as the agency that, on be- half of the State, shall— (1) receive, account for, and disburse funds received by the State under this part based on the plan; (2) provide administrative support services for a program under subpart 2, and a program under subpart 3 in a case in which the program is administered by the State under section 796f–2 of this title; (3) keep such records and afford such access to such records as the Administrator finds to be necessary with respect to the programs;