INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING.

SEC. 114. INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING. (a) Purpose.— Section 701(3) (29 U.S.C. 796(3)) is amended by striking “other Federal programs” and inserting “other Federal law”. (b) State Plan.— Section 704(c)(2) (29 U.S.C. 796c(c)(2)) is amended by striking “programs under parts B and C” and inserting “a program under part B, and a program under part C in a case in which the program is administered by the State under section 723”. (c) Statewide Independent Living Council.— Section 705 (29 U.S.C. 795d) is amended— (1) in the second sentence of subsection (a), by striking “another” and inserting “a”; (2) in subsection (b)— (A) by striking paragraph (4) and inserting the following: “(4) Qualifications.— “(A) In general.— The Council shall be composed of members— “(i) who provide statewide representation; “(ii) who represent a broad range of individuals with disabilities; “(iii) who are knowledgeable about centers for independent living and independent living services; and “(iv) a majority of whom are persons who are— 107 STAT. 729 “(I) individuals with disabilities described in section 7(8)(B); and “(II) not employed by any State agency or center for independent living. “(B) Voting members.— A majority of the voting members of the Council shall be— “(i) individuals with disabilities described in section 7(8)(B); and “(ii) not employed by any State agency or center for independent living.”; and (B) in paragraph (5)— (i) in subparagraph (A), by inserting “voting” before “membership”; and (ii) in subparagraph (B), by inserting “voting” before “member” each place the term appears; and (3) in subsection (c)(1)— (A) by striking “submit” and inserting “sign”; and (B) by striking “designated State agency” and inserting “designated State unit”. (d) Responsibilities of the Commissioner.— Section 706(c)(1) (29 U.S.C. 796d–1(c)(1)) is amended— (1) in the first sentence, by striking “part C” and inserting “section 722”; (2) by inserting after the second sentence the following: “The Commissioner shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (0 and (g) of section 723, centers that receive funding under section 723 in such State.”; and (3) in the last sentence, by inserting “and such State units” after “select such centers”. (e) Independent Living Services Allotments.— Section 711 (29 U.S.C. 796e) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking “this subsection” and inserting “paragraph (1)(C)”; and (ii) in subparagraph (B), by striking “allotted” and inserting “allotted under paragraph (1)(A)”; and (B) by striking paragraph (3) and inserting the following: “(3) Adjustment for inflation.— For any fiscal year, beginning in fiscal year 1994, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Commissioner shall increase the minimum allotment under paragraph (1)(C) by such percentage change in the Consumer Price Index For All Urban Consumers.”; and (2) by striking subsection (b) and inserting a new subsection (b) to read as follows: “(b) Proportional Reduction.— To provide allotments to States in accordance with subsection (a)(1)(B), to provide minimum allotments to States (as increased under subsection (a)(3)) under 107 STAT. 730subsection (a)(1)(C), or to provide minimum allotments to States under subsection (a)(2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by subsection (a)(1)(B).”. (f) Payments to States From Allotments.— Section 712(b) (29 U.S.C. 796e–1(b)) is amended by striking paragraph (3). (g) Authorized Uses of Funds.— Section 713(3) (29 U.S.C. 796e–2(3)) is amended by inserting “that are in compliance with the standards and assurances set forth in subsections (b) and (c) of section 725” after “living”. (h) Centers for Independent Living.— Section 721 (29 U.S.C. 796f) is amended— (1) in subsection (b)(1)— (A) by inserting “to eligible agencies, centers for independent living, and Statewide Independent Living Councils” after “assistance”; and (B) by striking “of such funds” and inserting “of the funds appropriated to carry out this part for the fiscal year involved”; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking “Except as provided in subparagraphs (B) and (C) and after” and inserting “After”; and (ii) by inserting “, and except as provided in subparagraphs (B) and (C),” after “made”; (B) in paragraph (2)— (i) in subparagraph (A), by striking “this subsection” and inserting “paragraph (1)(C)”; and (ii) in subparagraph (B), by striking “allotted” and inserting “allotted under paragraph (1)(A)”; and (C) by adding a new paragraph (4) to read as follows: “(4) Proportional reduction.— To provide allotments to States in accordance with paragraph (1)(B), to provide minimum allotments to States (as increased under paragraph (3)) under paragraph (1)(C), or to provide minimum allotments to States under paragraph (2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under paragraph (1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by paragraph (1)(B).”; and (3) in subsection (e)— (A) in paragraph (1)(A), by striking “, whichever is greater,”; and (B) in paragraph (2)(B)— (i) in the first sentence of clause (i)— (I) by striking “Private nonprofit agencies” and inserting “Entities”; (II) by striking “if the agencies submit” and inserting “if the entities submit”; and (III) by striking “agencies will meet the standards described in section 725(b) and” and inserting “entities will be private nonprofit agencies that meet the standards described in section 725(b), and”; and 107 STAT. 731 (ii) by adding a new clause (iii) to read as follows: “(iii) Funding method.— In making awards under this subsection, the Secretary shall distribute funds in accordance with paragraphs (1), (2), and (4) of subsection (c), and subsection (a).”. (i) Grants by Commissioner.— Section 722 (29 U.S.C. 796f–1) is amended— (1) in subsection (c), by striking “is receiving funds under this part on” and inserting “has been awarded a grant under this part by”; (2) in subsection (d)(1), by inserting “proposing to serve such region” after “qualified applicant”; (3) by redesignating subsection (f) as subsection (g); and (4) by inserting after subsection (e) the following: “(f) Nonresidential Agencies.— A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section.”. (j) Grants by Designated State Unit.— Section 723 (29 U.S.C. 796f–2) is amended— (1) in subsection (a)— (A) in paragraph (1)(A)(iii), by inserting before the period at the end the following: “, making such adjustments as may be necessary to accommodate State funding cycles such as 2-year funding cycles or State fiscal years that do not coincide with the Federal fiscal year”; and (B) in paragraph (3), by inserting “eligible agencies in” before “the State in accordance”; (2) in subsection (c), by striking “is receiving funds under this part on” and inserting “has been awarded a grant under this part by”; (3) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; (4) by inserting after subsection (e) the following: “(f) Nonresidential Agencies.— A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section.”; (5) in subsection (g) (as redesignated by paragraph (3) of this subsection), in paragraph (2)(B), by striking “(h)” each place the term appears and inserting “(i)”; and (6) in subsection (h) (as redesignated by paragraph (3) of this subsection), by striking the first sentence and inserting the following: “The director of the designated State unit shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funding under this section in the State.”. (k) Centers Operated by State Agencies.— Section 724(b)(1)(A) (29 U.S.C. 796f–3(b)(1)(A)) is amended by striking “fiscal year 1993” and inserting “the fiscal year”. (l) Standards and Assurances.— Section 725(b)(2) (29 U.S.C. 796f—4(b)(2)) is amended— (1) in the second sentence— (A) by inserting “severe” before “disabilities who are members of”; and (B) by striking “Act” and inserting “title”; and (2) in the third sentence, by inserting “shall be determined by the center, and” before “shall not be based”. 107 STAT. 732 (m) Programs of Grants.— Section 752 (29 U.S.C. 796k) is amended— (1) in subsection (a)(2), by striking “unit” and inserting “agency”; (2) in subsection (b), to read as follows: “(b) Contingent Competitive Grants.— Beginning with fiscal year 1993, in the case of any fiscal year for which the amount appropriated under section 753 is less than $13,000,000, grants made under subsection (a) shall be— “(1) discretionary grants made on a competitive basis to States; or “(2) grants made on a noncompetitive basis to pay for the continuation costs of activities for which a grant was awarded— “(A) under this chapter; or “(B) under part C, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992”; and (3) in subsection (j)— (A) by striking “and” at the end of paragraph (1)(A) and inserting “or”; and (B) by striking “and” at the end of paragraph (2)(A)(i) and inserting “or”.