I 

108TH CONGRESS 

1ST SESSION H. R. 2385

To amend the Rehabilitation Act of 1973 to provide for more equitable 

allotment of funds to States for centers for independent living. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. SIMPSON (for himself and Mr. ABERCROMBIE) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

A BILL

To amend the Rehabilitation Act of 1973 to provide for 

more equitable allotment of funds to States for centers 

for independent living.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. STATE ALLOTMENTS FOR CENTERS FOR INDE4 PENDENT LIVING. 

5 Section 721 of the Rehabilitation Act of 1973 (42 

6 U.S.C. 796f) is amended by striking subsection (c) and 

7 inserting the following: 

8 ‘‘(c) ALLOTMENTS TO STATES.—

9 ‘‘(1) DEFINITIONS.—In this subsection: 
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1 ‘‘(A) ADDITIONAL APPROPRIATION.—The 

2 term ‘additional appropriation’ means the 

3 amount (if any) by which the appropriation for 

4 a fiscal year exceeds the total of—

5 ‘‘(i) the amount reserved under sub6 section (b) for that fiscal year; and 

7 ‘‘(ii) the appropriation for fiscal year 

8 2003. 

9 ‘‘(B) APPROPRIATION.—The term ‘appro10 priation’ means the amount appropriated to 

11 carry out this part. 

12 ‘‘(C) BASE APPROPRIATION.—The term 

13 ‘base appropriation’ means the portion of the 

14 appropriation for a fiscal year that is equal to 

15 the lesser of—

16 ‘‘(i) an amount equal to 100 percent 

17 of the appropriation, minus the amount re18 served under subsection (b) for that fiscal 

19 year; or 

20 ‘‘(ii) the appropriation for fiscal year 

21 2003. 

22 ‘‘(2) ALLOTMENTS TO STATES FROM BASE AP23 PROPRIATION.—After the reservation required by 

24 subsection (b) has been made, the Commissioner 

25 shall allot to each State whose State plan has been 
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1 approved under section 706 an amount that bears 

2 the same ratio to the base appropriation as the 

3 amount the State received under this subsection for 

4 fiscal year 2003 bears to the total amount that all 

5 States received under this subsection for fiscal year 

6 2003. 

7 ‘‘(3) ALLOTMENTS TO STATES ADDITIONAL AP8 PROPRIATION.—From any additional appropriation 

9 for each fiscal year, the Commissioner shall allot to 

10 each State whose State plan has been approved 

11 under section 706 an amount equal to the sum of—

12 ‘‘(A) an amount that bears the same ratio 

13 to 50 percent of the additional appropriation as 

14 the population of the State bears to the popu15 lation of all States; and 

‘‘(B) 1 16 ⁄56 of 50 percent of the additional 

17 appropriation. 

18 ‘‘(4) MAINTENANCE OF EFFORT.—

19 ‘‘(A) IN GENERAL.—The Commissioner 

20 shall not make a payment for the allotments de21 scribed in this subsection to any State for a fis22 cal year unless the Commissioner—

23 ‘‘(i) determines that the State inde24 pendent living expenditure for the first 

25 preceding fiscal year is not less than the 
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1 State independent living expenditure for 

2 the second preceding fiscal year; or 

3 ‘‘(ii) reduces the amount of the pay4 ment by the amount by which the State 

5 independent living expenditure for the sec6 ond preceding fiscal year exceeds the State 

7 independent living expenditure for the first 

8 preceding fiscal year. 

9 ‘‘(B) DEFINITION.—In this subsection, the 

10 term ‘State independent living expenditure’, 

11 used with respect to a fiscal year, means the 

12 total expenditure in the State of other Federal 

13 funds (other than funds made available to carry 

14 out this part), State funds, and local funds for 

15 that fiscal year to provide assistance for centers 

16 for independent living.’’. 

17 SEC. 2. REPORT. 

18 Section 704(m)(4)(D) of the Rehabilitation Act of 

19 1973 (42 U.S.C. 795c(m)(4)(D)) is amended by inserting 

20 ‘‘, including reports indicating the manner in which and 

21 extent to which the State complied with the maintenance 

22 of effort requirement specified in section 721(c)(4)(A)(i)’’ 

23 before the semicolon.

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