[Congressional Record Volume 149, Number 85 (Wednesday, June 11, 2003)]
[Senate]
[Page S7728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BENNETT (for himself, Mr. Hatch, Mr. Crapo, Mr. Craig, and 
        Mr. Dorgan):
  S. 1237. A bill to amend the Rehabilitation Act of 1973 to provide 
for more equitable allotment of funds to States for centers for 
independent living; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BENNETT. Mr. President, today I am introducing The Independent 
Living Improvement Act of 2003, a bill to provide a more equitable 
allotment of funds to States for Centers for Independent Living.
  Centers for Independent Living, CILs, are non-profit organizations 
that assist people with significant disabilities who want to live more 
independently. CILs are primarily staffed by people with disabilities 
who act as role models, mentors, and counselors to other individuals 
with disabilities. Each center not only offers fundamental services 
such as information referral, and independent living skills training, 
it also tailors its services to the particular needs of its community. 
The ultimate goal of these centers is to help individuals become more 
independent and decrease the need for institutional care.
  Currently, funds authorized for CILs under Title VII, Part C of the 
Rehabilitation Act are essentially allocated to States on the basis of 
their share of the total population. States with small populations are 
guaranteed the larger of $450,000 or \1/3\ of 1 percent of the funds 
available for the fiscal year in which the allocation is made, with a 
guaranteed minimum at the fiscal 1992 funding level for each State.
  While the Federal appropriation to CILs has increased over the last 
five years, the growing disparity between funding for small States and 
larger States is problematic. The proposed formula change would amend 
the current funding formula for CILs to provide for more equitable 
distribution of future funds to each state. Fifty percent of any 
increase in CILs appropriated fund would be allocated according to 
population, as is currently done, and the remaining fifty percent would 
be divided equally among all States. The formula would only be 
applicable to any future increases in funding. This more equitable 
sharing of funds ensures that each State's CILs will receive additional 
funding each time there is an increase in funding and programs will be 
developed for people with disabilities regardless of where they live in 
the country.
  This bill is supported by the National Council on Independent Living. 
I believe this a reasonable approach to solving this problem and look 
forward to working with my colleagues on this issue.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 1237

       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 
     Improvement Act of 2003''.

     SEC. 2. STATE ALLOTMENTS FOR CENTERS FOR INDEPENDENT LIVING.

       Section 721 of the Rehabilitation Act of 1973 (42 U.S.C. 
     796f) is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Allotments to States.--
       ``(1) Definitions.--In this subsection:
       ``(A) Additional appropriation.--The term `additional 
     appropriation' means the amount (if any) by which the 
     appropriation for a fiscal year exceeds the total of--
       ``(i) the amount reserved under subsection (b) for that 
     fiscal year; and
       ``(ii) the appropriation for fiscal year 2003.
       ``(B) Appropriation.--The term `appropriation' means the 
     amount appropriated to carry out this part.
       ``(C) Base appropriation.--The term `base appropriation' 
     means the portion of the appropriation for a fiscal year that 
     is equal to the lesser of--
       ``(i) an amount equal to 100 percent of the appropriation, 
     minus the amount reserved under subsection (b) for that 
     fiscal year; or
       ``(ii) the appropriation for fiscal year 2003.
       ``(2) Allotments to states from base appropriation.--After 
     the reservation required by subsection (b) has been made, the 
     Commissioner shall allot to each State whose State plan has 
     been approved under section 706 an amount that bears the same 
     ratio to the base appropriation as the amount the State 
     received under this subsection for fiscal year 2003 bears to 
     the total amount that all States received under this 
     subsection for fiscal year 2003.
       ``(3) Allotments to states additional appropriation.--From 
     any additional appropriation for each fiscal year, the 
     Commissioner shall allot to each State whose State plan has 
     been approved under section 706 an amount equal to the sum 
     of--
       ``(A) an amount that bears the same ratio to 50 percent of 
     the additional appropriation as the population of the State 
     bears to the population of all States; and
       ``(B) \1/56\ of 50 percent of the additional appropriation.
       ``(4) Maintenance of effort.--
       ``(A) In general.--The Commissioner shall not make a 
     payment for the allotments described in this subsection to 
     any State for a fiscal year unless the Commissioner--
       ``(i) determines that the State independent living 
     expenditure for the first preceding fiscal year is not less 
     than the State independent living expenditure for the second 
     preceding fiscal year; or
       ``(ii) reduces the amount of the payment by the amount by 
     which the State independent living expenditure for the second 
     preceding fiscal year exceeds the State independent living 
     expenditure for the first preceding fiscal year.
       ``(B) Definition.--In this subsection, the term `State 
     independent living expenditure', used with respect to a 
     fiscal year, means the total expenditure in the State of 
     other Federal funds (other than funds made available to carry 
     out this part), State funds, and local funds for that fiscal 
     year to provide assistance for centers for independent 
     living.''.

     SEC. 3. REPORT.

       Section 704(m)(4)(D) of the Rehabilitation Act of 1973 (42 
     U.S.C. 795c(m)(4)(D)) is amended by inserting ``, including 
     reports indicating the manner in which and extent to which 
     the State complied with the maintenance of effort requirement 
     specified in section 721(c)(4)(A)(i)'' before the semicolon.
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