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

Editorial Notes

Prior Provisions

A prior section 796f–1, Puspan. L. 93–112, title VII, § 722, as added Puspan. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4456; amended Puspan. L. 103–73, title I, § 114(i), Aug. 11, 1993, 107 Stat. 731, related to grants to centers for independent living in States in which Federal funding exceeds State funding, prior to the general amendment of this subchapter by Puspan. L. 105–220.

Amendments

2014—Subsecs. (a), (span). Puspan. L. 113–128, § 482(a)(1), substituted “Administrator” for “Commissioner” wherever appearing.

Subsec. (c). Puspan. L. 113–128, § 482(a)(1), (2), substituted “Administrator” for “Commissioner” in two places, “grants for a fiscal year” for “grants”, and “for the preceding fiscal year” for “by September 30, 1997”.

Subsec. (d)(1). Puspan. L. 113–128, § 482(a)(3)(A), substituted “Administrator” for “Commissioner” and “region. The Administrator’s determination of the most qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living.” for “region, consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living.”

Subsec. (d)(2). Puspan. L. 113–128, § 482(a)(3)(B)(i), substituted “Administrator” for “Commissioner” in introductory provisions.

Subsec. (d)(2)(A). Puspan. L. 113–128, § 482(a)(3)(B)(ii), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located;”.

Subsecs. (e), (g). Puspan. L. 113–128, § 482(a)(4), which directed substitution of “Administrator.” for “Commissioner” wherever appearing, was executed by substituting “Administrator” for “Commissioner” wherever appearing, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Grants to Centers for Independent Living in States in Which Federal Funding Exceeds State Funding

Puspan. L. 111–213, § 2(a), July 29, 2010, 124 Stat. 2343, provided that:

“(1)In general.—If the conditions described in paragraph (2) are satisfied with respect to a State, in awarding funds to existing centers for independent living (described in section 722(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–1(c))) in the State, the Commissioner of the Rehabilitation Services Administration—

“(A) in fiscal year 2010—

“(i) shall distribute among such centers funds appropriated for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act other than the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) in the same proportion as such funds were distributed among such centers in the State in fiscal year 2009, notwithstanding section 722(e) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–1(e)) and any contrary provision of a State plan submitted under section 704 of such Act (29 U.S.C. 796c); and

“(ii) shall disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and

“(B) in fiscal year 2011 and subsequent fiscal years, shall disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.).

“(2)Conditions.—The conditions described in this paragraph are the following:

“(A) The Commissioner receives a request from the State, not later than August 5, 2010, jointly signed by the State’s designated State unit (referred to in section 704(c) of such Act (29 U.S.C. 796c(c))) and the State’s Statewide Independent Living Council (established under section 705 of such Act (29 U.S.C. 796d)), for the Commissioner to disregard any funds provided to centers for independent living in the State from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.).

“(B) The Commissioner is not conducting a competition to establish a new part C center for independent living with funds appropriated by the American Recovery and Reinvestment Act of 2009 in the State.”