Us Code § 796d - –1. Responsibilities of the Administrator

§ 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, 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 Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing.

(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.)

Editorial Notes

Prior Provisions

A prior section 796d–1, Pub. L. 93–112, title VII, §706, as added Pub. L. 102–569, title VII, §701(2), Oct. 29, 1992, 106 Stat. 4448; amended Pub. L. 103–73, title I, §114(d), Aug. 11, 1993, 107 Stat. 729, related to responsibilities of Commissioner, prior to the general amendment of this subchapter by Pub. L. 105–220.

Another prior section 796d–1, Pub. L. 93–112, title VII, §706, as added Pub. L. 99–506, title VIII, §803(a), Oct. 21, 1986, 100 Stat. 1837; amended Pub. L. 100–630, title II, §208(e), Nov. 7, 1988, 102 Stat. 3314, provided for a State Independent Living Council, prior to repeal by Pub. L. 102–569, §701(1).

Amendments

2014—Pub. L. 113–128, §475A(1), substituted "the Administrator" for "Commissioner" in section catchline.

Subsec. (a)(1). Pub. L. 113–128, §475A(2)(A), substituted "Administrator" for "Commissioner" wherever appearing.

Subsec. (a)(2)(A). Pub. L. 113–128, §475A(2)(B)(i), substituted "Administrator" for "Commissioner".

Subsec. (a)(2)(B)(i). Pub. L. 113–128, §475A(2)(B)(ii)(I), inserted "or the Commissioner" after "to the Secretary" and substituted "to the Administrator;" for "to the Commissioner; and".

Subsec. (a)(2)(B)(ii), (iii). Pub. L. 113–128, §475A(2)(B)(ii)(II), (III), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (b). Pub. L. 113–128, §475A(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "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 796f–4 of this title."

Subsec. (c)(1). Pub. L. 113–128, §475A(4)(A), substituted "Administrator" for "Commissioner" wherever appearing and struck out last sentence which read as follows: "The Administrator shall select the centers and State units described in this paragraph for review on a random basis."

Subsec. (c)(2). Pub. L. 113–128, §475A(4)(B)(i), substituted "Administrator" for "Commissioner" in introductory provisions.

Subsec. (c)(2)(A). Pub. L. 113–128, §475A(4)(B)(ii), (iii), substituted "a review described in paragraph (1)" for "such a review" and "Department of Health and Human Services" for "Department".

Subsec. (c)(2)(B). Pub. L. 113–128, §475A(4)(B)(iii), substituted "Department of Health and Human Services" for "Department".

Subsec. (d). Pub. L. 113–128, §475A(5), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "The Commissioner shall include, in the annual report required under section 710 of this title, 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 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 part."

subpart 2—independent living services