H. R. 5610 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To provide a technical adjustment with respect to funding for independent living 

centers under the Rehabilitation Act of 1973 in order to ensure stability for 

such centers. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Independent Living Centers 

Technical Adjustment Act’’. 

SEC. 2. INDEPENDENT LIVING CENTERS TECHNICAL ADJUSTMENT. 

(a) GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES

IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING.— 

(1) IN GENERAL.—If the conditions described in paragraph 

(2) are satisfied with respect to a State, in awarding funds 

to existing centers for independent living (described in section 

722(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–1(c))) 

in the State, the Commissioner of the Rehabilitation Services 

Administration— 

(A) in fiscal year 2010— 

(i) shall distribute among such centers funds 

appropriated for the centers for independent living program under part C of title VII of the Rehabilitation 

Act of 1973 (29 U.S.C. 796f et seq.) by any Act other 

than the American Recovery and Reinvestment Act 

of 2009 (Public Law 111–5) in the same proportion 

as such funds were distributed among such centers 

in the State in fiscal year 2009, notwithstanding section 722(e) of the Rehabilitation Act of 1973 (29 U.S.C. 

796f–1(e)) and any contrary provision of a State plan 

submitted under section 704 of such Act (29 U.S.C. 

796c); and 

(ii) shall disregard any funds provided to such 

centers from funds appropriated by the American 

Recovery and Reinvestment Act of 2009 for the centers 

for independent living program under part C of title 

VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f 

et seq.); and 

(B) in fiscal year 2011 and subsequent fiscal years, 

shall disregard any funds provided to such centers from 

funds appropriated by the American Recovery and 

Reinvestment Act of 2009 (Public Law 111–5) for the centers for independent living program under part C of title 
H. R. 5610—2 

VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et 

seq.). 

(2) CONDITIONS.—The conditions described in this paragraph are the following: 

(A) The Commissioner receives a request from the 

State, not later than August 5, 2010, jointly signed by 

the State’s designated State unit (referred to in section 

704(c) of such Act (29 U.S.C. 796c(c))) and the State’s 

Statewide Independent Living Council (established under 

section 705 of such Act (29 U.S.C. 796d)), for the Commissioner to disregard any funds provided to centers for independent living in the State from funds appropriated by 

the American Recovery and Reinvestment Act of 2009 for 

the centers for independent living program under part C 

of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 

796f et seq.). 

(B) The Commissioner is not conducting a competition 

to establish a new part C center for independent living 

with funds appropriated by the American Recovery and 

Reinvestment Act of 2009 in the State. 

(b) GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES

IN WHICH STATE FUNDING EQUALS OR EXCEEDS FEDERAL

FUNDING.—In awarding funds to existing centers for independent 

living (described in section 723(c) of the Rehabilitation Act of 1973 

(29 U.S.C. 796f–2(c))) in a State, the director of the designated 

State unit that has approval to make such awards— 

(1) in fiscal year 2010— 

(A) may distribute among such centers funds appropriated for the centers for independent living program 

under part C of title VII of the Rehabilitation Act of 1973 

(29 U.S.C. 796f et seq.) by any Act other than the American 

Recovery and Reinvestment Act of 2009 in the same proportion as such funds were distributed among such centers 

in the State in fiscal year 2009, notwithstanding section 

723(e) of the Rehabilitation Act of 1973 (29 U.S.C. 796f– 

2(e)) and any contrary provision of a State plan submitted 

under section 704 of such Act (29 U.S.C. 796c); and 

(B) may disregard any funds provided to such centers 

from funds appropriated by the American Recovery and 

Reinvestment Act of 2009 for the centers for independent 

living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and 

(2) in fiscal year 2011 and subsequent fiscal years, may 

disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 

2009 for the centers for independent living program under 
H. R. 5610—3 

part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 

796f et seq.). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.