29 USC 796d-1 - Responsibilities of the Administrator

United States Code

USC most recently checked for updates: Sep 18, 2024

§ 796d. Statewide Independent Living Council

Subpart 2 - independent living services

U.S. Code
Notes

§ 796d–1.

Responsibilities of the Administrator

(a)

Approval of State plans

(1)

In general

The Administrator shall approve any State plan submitted under section 796c of this title that the Administrator determines meets the requirements of section 796c of this title

(2)

Procedures

(A)

In general

Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of section 727 of this title shall apply to any State plan submitted to the Administrator under section 796c of this title.

(B)

Application

For purposes of the application described in subparagraph (A), all references in such provisions—

(i)

to the Secretary or the Commissioner shall be deemed to be references to the Administrator;

(ii)

to the State agency shall be deemed to be references to the designated State entity; and

(iii)

to section 721 of this title shall be deemed to be references to section 796c of this title.

(b)

Indicators

Not later than 1 year after July 22, 2014, the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 796f–4 of this title), and indicators of minimum compliance for Statewide Independent Living Councils.

(c)

Onsite compliance reviews

(1)

Reviews

The Administrator shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 796f–1 of this title and shall periodically conduct such a review of each such center. The Administrator shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under section 796f–2 of this title, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 796f–2 of this title, centers that receive funding under section 796f–2 of this title in such State.

(2)

Qualifications of employees conducting reviews

The Administrator shall—

(A)

to the maximum extent practicable, carry out a review described in paragraph (1) by using employees of the Department of Health and Human Services who are knowledgeable about the provision of independent living services;

(B)

ensure that the employee of the Department of Health and Human Services 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.

(d)

Reports

(1)

In general

The Director described in section 796–1 of this title shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, information on the extent to which centers for independent living receiving funds under subpart 3 have complied with the standards and assurances set forth in section 796f–4 of this title. The Director may identify individual centers for independent living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under subpart 3.

(2)

Public availability

The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this chapter.

(Pub. L. 93–112, title VII, § 706, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1223; amended Pub. L. 113–128, title IV, § 475A, July 22, 2014, 128 Stat. 1689.)

cite as: 29 USC 796d-1