Page:United States Statutes at Large Volume 112 Part 2.djvu/348

 112 STAT. 1232 PUBLIC LAW 105-220—AUG. 7, 1998 shall approve the application and designate the director of the designated State unit to award the grant and carry out this section. "(3) GRANTS BY COMMISSIONER. — If the designated State agency of a State described in paragraph (1) does not submit and obtain approval of an application under paragraph (2), the Commissioner shall award the grant described in paragraph (1) to eligible agencies in the State in accordance with section 722. "(b) ELIGIBLE AGENCIES.— In any State in which the Commissioner has approved the State plan required by section 704, the director of the designated State unit may award a grant under this section to any eligible agency that— "(1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; "(2) is determined by the director to be able to plan, conduct, administer, and evaluate a center for independent living, consistent with the standards and assurances set forth in section 725; and "(3) submits an application to the director at such time, in such manner, and containing such information as the head of the designated State unit may require. "(c) EXISTING ELIGIBLE AGENCIES. —In the administration of the provisions of this section, the director of the designated State unit shall award grants under this section to any eligible agency that has been awarded a grant under this part by September 30, 1997, unless the director makes a finding that the agency involved fails to comply with the standards and assurances set forth in section 725. " (d) NEW CENTERS FOR INDEPENDENT LIVING. — "(1) IN GENERAL. — If there is no center for independent living serving a region of the State or the region is unserved or underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the director of the designated State unit may award a grant under this section from among eligible agencies, consistent with the provisions of the State plan under section 704 setting forth the design of the State for establishing a statewide network of centers for independent living. "(2) SELECTION.— In selecting from among eligible agencies in awarding a grant under this part for a new center for independent living— "(A) the director of the designated State unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of and at the direction of the Council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances set forth in section 725 and criteria jointly established by such director and such chairperson or individual;

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