Page:United States Statutes at Large Volume 112 Part 2.djvu/349

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1233 "(B) the peer review committee shall consider the ability of each such applicant to operate a center for independent living, and shall recommend an applicsmt to receive a grant under this section, based on— "(i) evidence of the need for a center for independent living, consistent with the State plan; "(ii) any past performance of such applicant in providing services comparable to independent living services; "(iii) the plan for complying with, or demonstrated success in complying with, the standards and the assurances set forth in section 725; "(iv) the quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant; "(v) the budgets and cost-effectiveness of the applicant; "(vi) the evaluation plan of the applicant; and "(vii) the ability of such applicant to carry out the plans; and "(C) the director of the designated State unit shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with Federal and State law. "(3) CURRENT CENTERS.— Notwithstanding paragraphs (1) and (2), a center for independent living that receives assistance under part B for a fiscal year shall be eligible for a grant for the subsequent fiscal year under this subsection. "(e) ORDER OF PRIORITIES.—Unless the director of the designated State unit and the chairperson of the Council or other individual designated by the Council acting on behalf of and at the direction of the Council jointly agree on another order of priority, the director shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: "(1) The director of the designated State unit shall support existing centers for independent living, as described in subsection (c), that comply with the standards and assurances set forth in section 725, at the level of funding for the previous year. "(2) The director of the designated State unit shall provide for a cost-of-living increase for such existing centers for independent living. "(3) The director of the designated State unit shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 725. "(f) NONRESIDENTIAL AGENCIES. —A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section. "(g) REVIEW.— "(1) IN GENERAL.—The director of the designated State unit shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 725. If the director of the designated State unit determines that

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