112 STAT. 1230 PUBLIC LAW 105-220—AUG. 7, 1998 "(A) shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located; "(B) shall consider the ability of each such applicant to operate a center for independent living based on— "(i) evidence of the need for such a center; "(ii) any past performance of such applicant in providing services comparable to independent living services; "(iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 725; "(iv) the quality of key personnel and the involvement of individuals with significant disabilities; "(v) budgets and cost-effectiveness; "(vi) an evaluation plan; and "(vii) the ability of such applicant to carry out the plans; and
- (C) shall give priority to applications from applicants
proposing to serve geographic areas within each State that are currently unserved or underserved by independent living programs, consistent with the provisions of the State plan submitted under section 704 regarding establishment of a statewide network of centers for independent living. " (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.— The Commissioner 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 Commissioner 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 Commissioner shall provide for a cost-of-living increase for such existing centers for independent living. "(3) The Commissioner 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 Commissioner shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards Notification. and assurances set forth in section 725. If the Commissioner determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 725, the Commissioner shall immediately notify such center that it is out of compliance. Termination " (2) ENFORCEMENT.—The Commissioner shall terminate all date. funds under this section to such center 90 days after the date of such notification unless the center submits a plan
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