Laws: Cases and Codes : U.S. Code : Title 42 : Section 1320b-21


   
U.S. Code as of: 01/19/04
Section 1320b-21. State grants for work incentives assistance to disabled beneficiaries

    (a) In general
      Subject to subsection (c) of this section, the Commissioner may
    make payments in each State to the protection and advocacy system
    established pursuant to part C of title I of the Developmental
    Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et
    seq.) )1(! for the purpose of providing services to disabled
    beneficiaries.

    (b) Services provided
      Services provided to disabled beneficiaries pursuant to a payment
    made under this section may include - 
        (1) information and advice about obtaining vocational
      rehabilitation and employment services; and
        (2) advocacy or other services that a disabled beneficiary may
      need to secure or regain gainful employment.
    (c) Application
      In order to receive payments under this section, a protection and
    advocacy system shall submit an application to the Commissioner, at
    such time, in such form and manner, and accompanied by such
    information and assurances as the Commissioner may require.
    (d) Amount of payments
      (1) In general
        Subject to the amount appropriated for a fiscal year for making
      payments under this section, a protection and advocacy system
      shall not be paid an amount that is less than - 
          (A) in the case of a protection and advocacy system located
        in a State (including the District of Columbia and Puerto Rico)
        other than Guam, American Samoa, the United States Virgin
        Islands, and the Commonwealth of the Northern Mariana Islands,
        the greater of - 
            (i) $100,000; or
            (ii)  1/3  of 1 percent of the amount available for
          payments under this section; and

          (B) in the case of a protection and advocacy system located
        in Guam, American Samoa, the United States Virgin Islands, and
        the Commonwealth of the Northern Mariana Islands, $50,000.
      (2) Inflation adjustment
        For each fiscal year in which the total amount appropriated to
      carry out this section exceeds the total amount appropriated to
      carry out this section in the preceding fiscal year, the
      Commissioner shall increase each minimum payment under
      subparagraphs (A) and (B) of paragraph (1) by a percentage equal
      to the percentage increase in the total amount so appropriated to
      carry out this section.
    (e) Annual report
      Each protection and advocacy system that receives a payment under
    this section shall submit an annual report to the Commissioner and
    the Ticket to Work and Work Incentives Advisory Panel established
    under section 101(f) of the Ticket to Work and Work Incentives
    Improvement Act of 1999 on the services provided to individuals by
    the system.
    (f) Funding
      (1) Allocation of payments
        Payments under this section shall be made from amounts made
      available for the administration of subchapter II of this chapter
      and amounts made available for the administration of subchapter
      XVI of this chapter, and shall be allocated among those amounts
      as appropriate.
      (2) Carryover
        Any amounts allotted for payment to a protection and advocacy
      system under this section for a fiscal year shall remain
      available for payment to or on behalf of the protection and
      advocacy system until the end of the succeeding fiscal year.
    (g) Definitions
      In this section:
      (1) Commissioner
        The term "Commissioner" means the Commissioner of Social
      Security.
      (2) Disabled beneficiary
        The term "disabled beneficiary" has the meaning given that term
      in section 1320b-19(k)(2) of this title.
      (3) Protection and advocacy system
        The term "protection and advocacy system" means a protection
      and advocacy system established pursuant to part C of title I of
      the Developmental Disabilities Assistance and Bill of Rights Act
      (42 U.S.C. 6041 et seq.).)1(!
    (h) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $7,000,000 for each of the fiscal years 2000 through 2004.



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