29 U.S.C. § 796 — Purpose

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,