Page:United States Statutes at Large Volume 106 Part 5.djvu/823

 PUBLIC LAW 102-569—OCT. 29, 1992 106 STAT. 4461 "(A) the date of such notification; or "(B) in the case of a center that requests an appeal under subsection (h), the date of any final decision under subsection (h), unless the center submits a plan to achieve compliance within 90 days and such plan is approved by the director, or if appealed, by the Commissioner. "(g) ON-SITE COMPLIANCE REVIEW. — The director of the designated State unit shall conduct on-site compliance review of centers for independent living. Each team that conducts on-site compliance review of centers for independent living shall include at least one person who is not an employee of the designated State agency, who has experience in the operation of centers for independent living, and who is jointly selected by the director of the designated State unit and the chairperson of or other individual designated h^ the Council acting on behalf of and at the direction of the Council. A copy of this review shall be provided to the Commissioner. "(h) ADVERSE ACTIONS.— I f the director of the designated State unit proposes to take a significant adverse action against a center for independent living, the center may seek mediation and conciliation to be provided by an individual or individuals who are firee of conflicts of interest identified by the chairperson of or other individual designated by the Council. If the issue is not resolved through the mediation and conciliation, the center may appeal the proposed adverse action to the Commissioner for a final decision. 'SEC. 724. CENTERS OPERATED BY STATE AGENCIES. 29 USC 796f-3. "(a) FISCAL YEAR 1993. — "(1) IN GENERAL. —Notwithstanding section 702(1), if— "(A) no nonprofit private agency— "(i) submits an acceptable application to operate a center for independent living for fiscal year 1993 before a date specified by the Commissioner; and "(ii) obtains approval of the application under section 722 or 723; and "(B) a State directly operated such a center in fiscal year 1992 with funds provided under part B, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, the State may apply to the Commissioner for assistance under section 721(e)(2) for the conduct, administration, and evaluation of such a center. "(2) COMPLIANCE.— A State that receives assistance with respect to a center in accordance with paragraph (1) shall ensure that the center shall comply with all of the requirements of this part, other than the requirement that the center be a private nonprofit agency. "(b) FISCAL YEAR 1994 AND SUCCEEDING FISCAL YEARS. — A State that receives assistance for fiscal year 1993 with respect to a center in accordance with subsection (a) may continue to receive assistance under this part for fiscal year 1994 or a succeedingfiscalyear if, for suchfiscalyear— "(1) no nonprofit private agency— "(A) submits an acceptable application to operate a center for independent living for fiscal year 1993 before a date specified by the Commissioner; and

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