§ 796f-1. Grants to centers for independent living in States in which Federal funding exceeds State funding
(a)
Establishment
(1)
In general
Unless the director of a designated State unit awards grants under section
796f–2 of this title to eligible agencies in a State for a fiscal year, the Commissioner shall award grants under this section to such eligible agencies for such fiscal year from the amount of funds allotted to the State under subsection (c) or (d) of section
796f of this title for such year.
(2)
Grants
The Commissioner shall award such grants, from the amount of funds so allotted, to such eligible agencies for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section
796f–4 of this title.
(b)
Eligible agencies
In any State in which the Commissioner has approved the State plan required by section
796c of this title, the Commissioner may make a grant under this section to any eligible agency that—
(1)
has the power and authority to carry out the purpose of this subpart and perform the functions set forth in section
796f–4 of this title within a community and to receive and administer funds under this subpart, 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 Commissioner to be able to plan, conduct, administer, and evaluate a center for independent living consistent with the standards and assurances set forth in section
796f–4 of this title; and
(c)
Existing eligible agencies
In the administration of the provisions of this section, the Commissioner shall award grants to any eligible agency that has been awarded a grant under this subpart by September 30, 1997, unless the Commissioner makes a finding that the agency involved fails to meet program and fiscal standards and assurances set forth in section
796f–4 of this title.
(d)
New centers for independent living
(1)
In general
If there is no center for independent living serving a region of the State or a region is underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the Commissioner may award a grant under this section to the most qualified applicant proposing to serve such region, consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living.
(2)
Selection
In selecting from among applicants for a grant under this section for a new center for independent living, the Commissioner—
(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—
(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
796f–4 of this title;
(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
796c of this title regarding establishment of a statewide network of centers for independent living.
(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) of this section, that comply with the standards and assurances set forth in section
796f–4 of this title, 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) of this section, that comply with the standards and assurances set forth in section
796f–4 of this title.
(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 and assurances set forth in section
796f–4 of this title. 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
796f–4 of this title, the Commissioner shall immediately notify such center that it is out of compliance.