605(b), the Regulatory Flexibility Act (Pub. ACL will consider providing further guidance and will continue to offer training and Start Printed Page 74685technical assistance to provide additional clarity on this issue. ACL did not make that change, as the composition requirements (for the SILC) and assurances (for the CILs) at issue are established separately in the statute. 796f to 796f-6). If the agency's conclusion is affirmative, then the agency must prepare an impact assessment addressing seven criteria specified in the law. As noted previously, we have interpreted recent 704 Reports as indicating that many CILs currently have staff capable of providing the new fifth core services. A Center that receives such notice of a determination that falls within 45 CFR part 16, appendix A, C.a. Workforce Innovation and Opportunity Act Advocacy means pleading an individual's cause or speaking or writing in support of an individual. Independent Living is possible through the combination of various environmental and individual factors that allow disabled people to have control over their own lives. Several other regulations apply to all activities under this part. Individual with a disability means an individual who—. offers a preview of documents scheduled to appear in the next day's 709(e), and section 491(f) of WIOA, 42 U.S.C. What does independent living mean? The President of the United States manages the operations of the Executive branch of Government through Executive orders. However, other commenters indicated that there are currently 83 American Indian Vocational Rehabilitation Services (AIVRS) programs located on Federal and State Reservations providing IL-complementary services to American Indians/Alaska Natives (AI/ANs) with disabilities. The Independent Living Centers have specific criteria they must meet to qualify as a Center under federal guidelines. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. A social movement asserting that people with disabilities should have the same civil rights and life choices as people without disabilities. However, the regulations would not have a significant economic impact on States or Centers affected because the regulations would not impose excessive regulatory burdens or require unnecessary Federal supervision. Independent Living Communities in Oregon Oregon independent living communities are a great fit for seniors who are still very active and healthy, but who also enjoy the added comfort of receiving care as needed. This ability requires the availability of information, financial resources and peer group support systems. We received comments that emphasized the importance of the intake and goal setting processes for facilitating informed consumer choice related to self-identification. (1) Developed by the chairperson of the SILC, and the directors of the CILs, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and. In WIOA, Congress established the prong of the new IL service to “(iii) facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. Rather, they respond to a wide range of community-based needs and goals ranging from peer counseling to accessible transportation through individual and direct services, referral to other resources and activities targeted towards community change (physical and attitudinal). (b) The State may use the remainder of the funds described in paragraph (a)(3) of this section to—. 796e to 796e-3). We will also work to identify opportunities to collaborate and leverage resources for the core IL services, including the new fifth core services, across ACL, HHS, and other federal agencies. While every effort has been made to ensure that ); (6) Client assistance programs (CAPs) receiving assistance under section 112 of the Act (29 U.S.C. Entities carrying out programs that provide independent living services, including those serving older individuals; other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and. As some commenters recommended, a broad, non-prescriptive approach allows CILs the most flexibility to determine the types of transition services they can offer with the best chance of success for individuals receiving the services based on available local resources. The SPIL encompasses the activities planned to achieve the specified independent living objectives and reflects the commitment to comply with all applicable statutory and regulatory requirements during the three years covered by the plan. A living arrangement that maximizes independence and self-determination, especially of disabled persons living in a community instead of in a medical facility. We have added a corresponding clarification to the preamble language in § 1329.17. (c) Allotments to states are determined in accordance with section 711 of the Act, 29 U.S.C. Finally, in response to the NPRM, ACL received questions as to whether there are minimum levels which must be achieved in order to have met the requirements of each component of the new fifth core IL services. ACL incorporated this clarification in the final rule. ACL is not aware of any specific State laws that would be preempted by the adoption of the regulation in subchapter C of 45 CFR part 1329. documents in the last year, by the Wage and Hour Division 796a(2). These markup elements allow the user to see how the document follows the documents in the last year, by the Education Department For example, if after an onsite compliance review, the Director determines it necessary to terminate funds because of the grantee's failure to comply with the terms of the award, § 1329.7 provides the affected CIL or State with the opportunity to seek additional review of that decision, consistent with HHS policies and practices. Nevertheless, we encourage commenters with individualized questions to contact the technical and training support center or the ILA specialist for their State for assistance with their questions. We received requests for clarification regarding the phrase “regardless of age or income.” This phrase is based directly on the statutory definition, Sec. This final rule makes no revisions to existing 704 reporting requirements, the Section 704 Annual Performance Report (Parts I and II). on corresponding official PDF file on govinfo.gov. State allotments of Part C, funds shall be based on section 721(c) of the Act, and distributed to Centers within the State in accordance with the order of priorities in sections 722(e) and 723(e) of the Act. Definition: Centers are consumer-controlled, community-based, cross-disability, non-residential, private non-profit agencies that are designed and operated within local communities by individuals with disabilities and provide an array of independent living services. “If the DSE does not carry out those functions, the State is legally responsible.”, However, in response to these comments, and with the understanding that the State plan shall “designate” the “designated State entity” as the agency that, on behalf of the State, shall accomplish the listed responsibilities in the law and comply with the specified funding limits (and acknowledging that the chairperson of the Statewide Independent Living Council and the directors of the CILs in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State, develop the State plan) ACL modified the proposed definition to clarify the reference to a DSE “identified by the State and included in the signed SPIL . Assuming revised data collection requirements will include reporting on the new fifth core services, we estimate that providing the information will take approximately 1 hour per data report. and services, go to ACL also made technical changes to renumber the section. This includes asserting one’s rights and fulfilling one’s responsibilities as a citizen. (1) Provide to individuals with significant disabilities the independent living (IL) services required by section 704(e) of the Act, particularly those in unserved areas of the State; (2) Demonstrate ways to expand and improve IL services; (3) Support the operation of Centers for Independent Living (Centers) that are in compliance with the standards and assurances in section 725 (b) and (c) of the Act; (4) Support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing IL services; (5) 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 policy makers in order to enhance IL services for individuals with significant disabilities; (6) Train individuals with disabilities and individuals providing services to individuals with disabilities, and other persons regarding the IL philosophy; and. Commenters also recommended establishing a rotation for CIL reviews. (5) The SILC is responsible for the proper expenditure of funds and use of resources that it receives under the resource plan. The rule makes final the NPRM's narrow interpretation of the 5 percent administrative cap, limiting its application to “Part B” funds only, rather than applying the 5 percent cap on administrative funds allocated to the DSE to all federal funds supporting the Independent Living Services. (c) The SILC, in conjunction with the DSE, shall prepare a plan for the provision of resources, including staff and personnel that are necessary and sufficient to carry out the functions of the SILC. 03/12/2021, 147 Upon consideration of the comments in the context of the language in WIOA, we agree that it is consistent with the statute to permit only one DSE. (b) In order to receive financial assistance under this part, a State shall submit to the Administrator a State plan for independent living. The total FY 2016 budget for the Independent Living Services and Centers for Independent Living programs authorized under Chapter 1, Title VII of the Rehabilitation Act of 1973 (Rehabilitation Act or Act), as amended by WIOA (Pub. 796d-1(b), the Act, as amended by WIOA, requires the Administrator to develop and publish in the Federal Register new indicators of minimum compliance for Statewide Independent Living Councils. Other commenters suggested narrowing the definition and excluding certain settings such as correctional facilities. The purpose of this brochure is to describe a kind of service organization which is designed specifically to assist people with disabilities in achieving and maintaining independent lifestyles. These changes will be subject to the public comment process under the PRA before they are finalized.Start Printed Page 74693. This rule implements the Rehabilitation Act as amended by the Workforce Innovation and Opportunity Act, which established an Independent Living Administration within the Administration for Community Living (ACL) of the Department of Health and Human Services (HHS). 796-1. Centers for Independent Living (CILs) are consumer-controlled, community-based, cross-disability, nonresidential private non-profit agency that are designed and operated within a local community by individuals with disabilities, and provides an array of independent living services.