IIB 

111TH CONGRESS 

2D SESSION H. R. 5610 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2010 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Centers Technical Adjustment Act’’. 

4 SEC. 2. INDEPENDENT LIVING CENTERS TECHNICAL AD5 JUSTMENT. 

6 (a) GRANTS TO CENTERS FOR INDEPENDENT LIVING

7 IN STATES IN WHICH FEDERAL FUNDING EXCEEDS

8 STATE FUNDING.— 

9 (1) IN GENERAL.—If the conditions described 

10 in paragraph (2) are satisfied with respect to a 

11 State, in awarding funds to existing centers for inde12 pendent living (described in section 722(c) of the 

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

14 in the State, the Commissioner of the Rehabilitation 

15 Services Administration— 

16 (A) in fiscal year 2010— 

17 (i) shall distribute among such centers 

18 funds appropriated for the centers for 

19 independent living program under part C 

20 of title VII of the Rehabilitation Act of 

21 1973 (29 U.S.C. 796f et seq.) by any Act 

22 other than the American Recovery and Re23 investment Act of 2009 (Public Law 111– 

24 5) in the same proportion as such funds 

25 were distributed among such centers in the 

26 State in fiscal year 2009, notwithstanding 


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1 section 722(e) of the Rehabilitation Act of 

2 1973 (29 U.S.C. 796f–1(e)) and any con3 trary provision of a State plan submitted 

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

5 796c); and 

6 (ii) shall disregard any funds provided 

7 to such centers from funds appropriated by 

8 the American Recovery and Reinvestment 

9 Act of 2009 for the centers for inde10 pendent living program under part C of 

11 title VII of the Rehabilitation Act of 1973 

12 (29 U.S.C. 796f et seq.); and 

13 (B) in fiscal year 2011 and subsequent fis14 cal years, shall disregard any funds provided to 

15 such centers from funds appropriated by the 

16 American Recovery and Reinvestment Act of 

17 2009 (Public Law 111–5) for the centers for 

18 independent living program under part C of 

19 title VII of the Rehabilitation Act of 1973 (29 

20 U.S.C. 796f et seq.). 

21 (2) CONDITIONS.—The conditions described in 

22 this paragraph are the following: 

23 (A) The Commissioner receives a request 

24 from the State, not later than July 30, 2010, 

25 jointly signed by the State’s designated State 


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HR 5610 RFS

1 unit (referred to in section 704(c) of such Act 

2 (29 U.S.C. 796c(c))) and the State’s Statewide 

3 Independent Living Council (established under 

4 section 705 of such Act (29 U.S.C. 796d)), for 

5 the Commissioner to disregard any funds pro6 vided to centers for independent living in the 

7 State from funds appropriated by the American 

8 Recovery and Reinvestment Act of 2009 for the 

9 centers for independent living program under 

10 part C of title VII of the Rehabilitation Act of 

11 1973 (29 U.S.C. 796f et seq.). 

12 (B) The Commissioner is not conducting a 

13 competition to establish a new part C center for 

14 independent living with funds appropriated by 

15 the American Recovery and Reinvestment Act 

16 of 2009 in the State. 

17 (b) GRANTS TO CENTERS FOR INDEPENDENT LIVING

18 IN STATES IN WHICH STATE FUNDING EQUALS OR EX19 CEEDS FEDERAL FUNDING.—In awarding funds to exist20 ing centers for independent living (described in section 

21 723(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f– 

22 2(c))) in a State, the director of the designated State unit 

23 that has approval to make such awards— 

24 (1) in fiscal year 2010— 


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1 (A) may distribute among such centers 

2 funds appropriated for the centers for inde3 pendent living program under part C of title 

4 VII of the Rehabilitation Act of 1973 (29 

5 U.S.C. 796f et seq.) by any Act other than the 

6 American Recovery and Reinvestment Act of 

7 2009 in the same proportion as such funds 

8 were distributed among such centers in the 

9 State in fiscal year 2009, notwithstanding sec10 tion 723(e) of the Rehabilitation Act of 1973 

11 (29 U.S.C. 796f–2(e)) and any contrary provi12 sion of a State plan submitted under section 

13 704 of such Act (29 U.S.C. 796c); and 

14 (B) may disregard any funds provided to 

15 such centers from funds appropriated by the 

16 American Recovery and Reinvestment Act of 

17 2009 for the centers for independent living pro18 gram under part C of title VII of the Rehabili19 tation Act of 1973 (29 U.S.C. 796f et seq.); 

20 and 

21 (2) in fiscal year 2011 and subsequent fiscal 

22 years, may disregard any funds provided to such 

23 centers from funds appropriated by the American 

24 Recovery and Reinvestment Act of 2009 for the cen25 ters for independent living program under part C of 


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1 title VII of the Rehabilitation Act of 1973 (29 

2 U.S.C. 796f et seq.). 

Passed the House of Representatives June 30, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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