[Congressional Record Volume 156, Number 100 (Wednesday, June 30, 2010)]
[House]
[Pages H5280-H5281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2100
          INDEPENDENT LIVING CENTERS TECHNICAL ADJUSTMENT ACT

  Ms. CHU. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5610) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H. R. 5610

       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 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 July 30, 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 
     part C of title VII of the Rehabilitation Act of 1973 (29 
     U.S.C. 796f et seq.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Chu) and the gentleman from Tennessee (Mr. Roe) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. CHU. Mr. Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on H.R. 
5610 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. CHU. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5610, the Independent 
Living

[[Page H5281]]

Centers Technical Adjustment Act. This bill addresses an issue brought 
to our attention by a number of States that are at risk of having to 
reduce services for adults with disabilities. Authorized under the 
Rehabilitation Act of 1973, the Independent Living Center program 
serves adults with disabilities by providing an array of independent 
living services, including the information and referral services, 
independent living skills training, peer counseling, and individual and 
systems advocacy training. This program is administered by the 
Rehabilitation Services Administration, which allocates Federal funds 
to the centers based on a formula in an established State plan. Under 
current law, Centers within a State must first receive funds at the 
level they received in the previous year, and absent sufficient 
funding, they must receive the same proportional amount of the total 
they received the previous year.
  The Independent Living Centers were provided additional funds through 
the stimulus package passed by Congress in 2009. States were given 
maximum flexibility for determining the allocation of these funds among 
the centers in their States. Several States opted to distribute these 
temporary funds using a formula different from their base formula. As a 
result, some Centers received a proportionally larger or smaller 
allocation than they did in previous years.
  This one-time change in the allocation of funds made sense because of 
the challenges State economies were facing. At the same time, current 
law did not envision this one-time increase in funding. And, in fact, 
the Rehabilitation Services Administration is required to allocate 2010 
funds based on a Center's total proportional allocation for 2009 and 
the additional funding a Center received under the American Recovery 
and Reinvestment Act, or ARRA. This requirement may result in some 
Centers losing up to 35 percent of funds as the total proportion a 
Center received may be less than they received in the prior year.
  The Independent Living Centers Technical Adjustment Act will allow 
States to request that ARRA funds not be included in determining their 
center's previous year allocations. That way, the temporary funds 
provided under ARRA do not permanently change the Center's base 
allocations. This is a complex but necessary fix to protect services 
for so many people with disabilities who benefit from the work of the 
Independent Living Centers.
  Mr. Speaker, I want to thank Chairman Miller for introducing this 
important legislation, and I urge support of this technical change to 
ensure Independent Living Centers can continue the important work for 
people with disabilities in our communities.
  I reserve the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5610, the Independent 
Living Centers Technical Adjustment Act. Independent Living Centers are 
nonresidential, private, not-for-profit agencies that provide an array 
of services for people with disabilities to enable them to live 
independently. Independent Living Centers provide employment, skills 
training, peer counseling, and information for people with disabilities 
to enable them to become participating members of society. They enable 
people with disabilities to live independent lives and participate in 
society as working adults.
  The Rehabilitation Act provides funding for the planning, conduct, 
administration, and evaluation of Independent Living Centers. Due to 
the way 31 States chose to distribute funds provided for the 
Independent Living Centers in the American Recovery and Reinvestment 
Act, FY 2010 funds may be distributed disproportionately to Independent 
Living Centers in those 31 States.
  H.R. 5610, the Independent Living Centers Technical Adjustment Act, 
would enable funds to be distributed to Independent Living Centers in 
the appropriate manner for FY 2010. H.R. 5610 enables States that 
distributed ARRA funds disproportionately to the centers to have those 
funds disregarded in the determination of the distribution of FY 2010 
funds. This bill ensures the funding for Independent Living Centers, 
which provide such a valuable resource for people with disabilities, is 
distributed to the centers proportionally and appropriately. I stand in 
support of this bill and ask my colleagues for support.
  I yield back the balance of my time.
  Ms. CHU. Mr. Speaker, I urge support of H.R. 5610, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Chu) that the House suspend the rules 
and pass the bill, H.R. 5610, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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