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Chapter
1—Individuals With Significant
Disabilities
PartA—General
Provisions
Part B—Independent Living Services
The purpose of this chapter is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream 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 service programs, centers for independent living, Statewide Independent Living Councils established under section 705, State vocational rehabilitation programs receiving assistance under title I, State programs of supported employment services receiving assistance under part B of title VI, client assistance programs receiving assistance under section 112, programs funded under other titles of this Act, programs funded under other Federal law, and programs funded through non-Federal sources.
As used in this chapter:
(1) Center for independent livingThe term "center for independent living" means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency that—
(A) is designed and operated within a local community by individuals with disabilities; and
(B) provides an array of independent living services.
The term "consumer control" means, with respect to a center for independent living, that the center vests power and authority in individuals with disabilities.
Services may be provided under this chapter to any individual with a significant disability, as defined in section 7(21) (B).
(1) RequirementTo be eligible to receive financial assistance under this chapter, a State shall submit to the Commissioner, and obtain approval of, a State plan containing such provisions as the Commissioner may require, including, at a minimum, the provisions required in this section.
The plan under paragraph (1) shall be jointly developed and signed by—
(A) the director of the designated State unit; and
(B) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council.
(3) Periodic review and revision
The plan shall provide for the review and revision 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 State independent living services;(B) the development and support of a statewide network of centers for independent living; and
(C) working relationships between—
(i) programs providing independent living services and independent living centers; and(ii) the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities.
The State shall submit the plan to the Commissioner 90 days before the completion date of the preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Commissioner may withhold financial assistance under this chapter until such time as the State submits such a plan.
The plan shall provide for the establishment of a Statewide Independent Living Council in accordance with section 705.
The plan shall designate the designated State unit of such State as the agency that, on behalf of the State, shall—
(1) receive, account for, and disburse funds received by the State under this chapter based on the plan;(2) provide administrative support services for a program under part B, and a program under part C in a case in which the program is administered by the State under section 723;
(3) keep such records and afford such access to such records as the Commissioner finds to be necessary with respect to the programs; and
(4) submit such additional information or provide such assurances as the Commissioner may require with respect to the programs.
The plan shall—(1) specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and
(2) explain how such objectives are consistent with and further the purpose of this chapter.
The plan shall provide that the State will provide independent living services under this chapter to individuals with significant disabilities, and will provide the services to such an individual in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary.
The plan shall describe the extent and scope of independent living services to be provided under this chapter to meet such objectives. If the State makes arrangements, by grant or contract, for providing such services, such arrangements shall be described in the plan.
The plan shall set forth a design for the establishment of a statewide network of centers for independent living that comply with the standards and assurances set forth in section 725.
In States in which State funding for centers for independent living equals or exceeds the amount of funds allotted to the State under part C, as provided in section 723, the plan shall include policies, practices, and procedures governing the awarding of grants to centers for independent living and oversight of such centers consistent with section 723.
The plan shall set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among—(1) the independent living rehabilitation service program, the Statewide Independent Living Council, and centers for independent living; and
(2) the designated State unit, other State agencies represented on such Council, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the Council.
The plan shall describe how services funded under this chapter will be coordinated with, and complement, other services, in order to avoid unnecessary duplication with other Federal, State, and local programs.
The plan shall describe efforts to coordinate Federal and State funding for centers for independent living and independent living services.
With respect to services and centers funded under this chapter, the plan shall set forth steps to be taken regarding outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations.
The plan shall provide satisfactory assurances that all recipients of financial assistance under this chapter will—(1) notify all individuals seeking or receiving services under this chapter about the availability of the client assistance program under section 112, the purposes of the services provided under such program, and how to contact such program;
(2) take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of section 503;
(3) adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the State under this chapter;
(4)
(A) maintain records that fully disclose—(i) the amount and disposition by such recipient of the proceeds of such financial assistance;(ii) the total cost of the project or undertaking in connection with which such financial assistance is given or used; and
(iii) the amount of that portion of the cost of the project or undertaking supplied by other sources;
(B) maintain such other records as the Commissioner determines to be appropriate to facilitate an effective audit;
(C) afford such access to records maintained under subparagraphs (A) and (B) as the Commissioner determines to be appropriate; and
(D) submit such reports with respect to such records as the Commissioner determines to be appropriate;
(5) provide access to the Commissioner and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, of any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this chapter; and
(6) provide for public hearings regarding the contents of the plan during both the formulation and review of the plan.
The plan shall establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives established in subsection (d), including evaluation of satisfaction by individuals with disabilities.
To be eligible to receive financial assistance under this chapter, each State shall establish a Statewide Independent Living Council (referred to in this section as the `Council'). The Council shall not be established as an entity within a State agency.
(1) AppointmentMembers of the Council shall be appointed by the Governor. The Governor shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities.
The Council shall include—
(A) at least one director of a center for independent living chosen by the directors of centers for independent living within the State;(B) as ex officio, nonvoting members—
(i) a representative from the designated State unit; and(ii) representatives from other State agencies that provide services for individuals with disabilities; and
(C) in a State in which 1 or more projects are carried out under section 121, at least 1 representative of the directors of the projects.
The Council may include—
(A) other representatives from centers for independent living;(B) parents and guardians of individuals with disabilities;
(C) advocates of and for individuals with disabilities;
(D) representatives from private businesses;
(E) representatives from organizations that provide services for individuals with disabilities; and
(F) other appropriate individuals.
(A) In general
The Council shall be composed of members—
(i) who provide statewide representation;(ii) who represent a broad range of individuals with disabilities from diverse backgrounds;
(iii) who are knowledgeable about centers for independent living and independent living services; and
(iv) a majority of whom are persons who are—
(I) individuals with disabilities described in section 7(20) (B); and(II) not employed by any State agency or center for independent living.
(B) Voting members
A majority of the voting members of the Council shall be—(i) individuals with disabilities described in section 7(20) (B); and
(ii) not employed by any State agency or center for independent living.
(A) In generalExcept as provided in subparagraph (B), the Council shall select a chairperson from among the voting membership of the Council.
(B) Designation by governor
In States in which the Governor does not have veto power pursuant to State law, the Governor shall designate a voting member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a voting member.
(A) Length of termEach member of the Council shall serve for a term of 3 years, except that—
(i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and(ii) the terms of service of the members initially appointed shall be (as specified by the Governor) for such fewer number of years as will provide for the expiration of terms on a staggered basis.
(B) Number of terms
No member of the Council may serve more than two consecutive full terms.
(A) In generalExcept as provided in subparagraph (B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
(B) Delegation
The Governor may delegate the authority to fill such a vacancy to the remaining voting members of the Council after making the original appointment.
The Council shall—(1) jointly develop and sign (in conjunction with the designated State unit) the State plan required in section 704;(2) monitor, review, and evaluate the implementation of the State plan;
(3) coordinate activities with the State Rehabilitation Council established under section 105, if the State has such a Council, or the commission described in section 101(a) (21) (A), if the State has such a commission, and councils that address the needs of specific disability populations and issues under other Federal law;
(4) ensure that all regularly scheduled meetings of the Statewide Independent Living Council are open to the public and sufficient advance notice is provided; and
(5) submit to the Commissioner such periodic reports as the Commissioner may reasonably request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports.
The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.
(1) In generalThe Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and personnel, as may be necessary and sufficient to carry out the functions of the Council under this section, with funds made available under this chapter, and under section 110 (consistent with section 101(a) (18)), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.
(2) Supervision and evaluation
Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the Council under this section.
While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agency or any other agency or office of the State, that would create a conflict of interest.
The Council may use such resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.
(1) In generalThe Commissioner shall approve any State plan submitted under section 704 that the Commissioner determines meets the requirements of section 704, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.
(A) In generalExcept as provided in subparagraph (B), the provisions of subsections (c) and (d) of section 107 shall apply to any State plan submitted to the Commissioner under section 704.
For purposes of the application described in subparagraph (A), all references in such provisions—(i) to the Secretary shall be deemed to be references to the Commissioner; and(ii) to section 101 shall be deemed to be references to section 704.`(b) Indicators: Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 725.
(1) ReviewsThe Commissioner shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center. The Commissioner shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State. The Commissioner shall select the centers and State units described in this paragraph for review on a random basis.
(2) Qualifications of employees conducting reviews
The Commissioner shall—
(A) to the maximum extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent living services;(B) ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and
(C) ensure that at least one member of a team conducting such a review shall be an individual who—
(i) is not a government employee; and(ii) has experience in the operation of centers for independent living.
The Commissioner shall include, in the annual report required under section 13, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under this chapter.
(1) States(A) Population basis
Except as provided in subparagraphs (B) and (C), from sums appropriated for each fiscal year to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States.(B) Maintenance of 1992 amounts
Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of an allotment made to the State for fiscal year 1992 under part A of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992.(C) Minimums
Subject to the availability of appropriations to carry out this part, and except as provided in subparagraph (B), the allotment to any State under subparagraph (A) shall be not less than $275,000 or one-third of one 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 $275,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts.(A) In general
For the purposes of paragraph (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.(B) Allotment
Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1) (A) not less than one-eighth of one percent of the amounts made available for purposes of this part for the fiscal year for which the allotment is made.For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year, the Commissioner shall increase the minimum allotment under paragraph (1) (C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this part between the preceding fiscal year and the fiscal year involved.
To provide allotments to States in accordance with subsection (a) (1) (B), to provide minimum allotments to States (as increased under subsection (a) (3)) under subsection (a) (1) (C), or to provide minimum allotments to States under subsection (a) (2) (B), the Commissioner shall proportionately reduce the allotments of the remaining States under subsection (a) (1) (A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by subsection (a) (1) (B).
Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State in carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State 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 (as determined under the preceding provisions of this section) for such year.
From the allotment of each State for a fiscal year under section 711, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 706. Such payments may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Commissioner may determine.
(1) In generalThe Federal share with respect to any State for any fiscal year shall be 90 percent of the expenditures incurred by the State during such year under its State plan approved under section 706.
The non-Federal share of the cost of any project that receives assistance through an allotment under this part may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services.
The State may use funds received under this part to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, and may use funds received under this part—(1) to provide independent living services to individuals with significant disabilities;
(2) to demonstrate ways to expand and improve independent living services;
(3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of section 725;
(4) to support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing independent living services;
(5) to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities;
(6) to train individuals with disabilities and individuals providing services to individuals with disabilities and other persons regarding the independent living philosophy; and
(7) to provide outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations.
There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1999 through 2003.
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