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U.S. Code as of:
01/19/04
Section 1320b-22. Grants to develop and establish State infrastructures to support working individuals with disabilities
(a) Establishment
(1) In general
The Secretary of Health and Human Services (in this section
referred to as the "Secretary") shall award grants described in
subsection (b) of this section to States to support the design,
establishment, and operation of State infrastructures that
provide items and services to support working individuals with
disabilities.
(2) Application
In order to be eligible for an award of a grant under this
section, a State shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary shall require.
(3) Definition of State
In this section, the term "State" means each of the 50 States,
the District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(b) Grants for infrastructure and outreach
(1) In general
Out of the funds appropriated under subsection (e) of this
section, the Secretary shall award grants to States to -
(A) support the establishment, implementation, and operation
of the State infrastructures described in subsection (a) of
this section; and
(B) conduct outreach campaigns regarding the existence of
such infrastructures.
(2) Eligibility for grants
(A) In general
No State may receive a grant under this subsection unless the
State demonstrates to the satisfaction of the Secretary that
the State makes personal assistance services available under
the State plan under subchapter XIX of this chapter to the
extent necessary to enable individuals with disabilities to
remain employed, including individuals described in section
1396a(a)(10)(A)(ii)(XIII) of this title if the State has
elected to provide medical assistance under such plan to such
individuals.
(B) Definitions
In this section:
(i) Employed
The term "employed" means -
(I) earning at least the applicable minimum wage
requirement under section 206 of title 29 and working at
least 40 hours per month; or
(II) being engaged in a work effort that meets
substantial and reasonable threshold criteria for hours of
work, wages, or other measures, as defined and approved by
the Secretary.
(ii) Personal assistance services
The term "personal assistance services" means a range of
services, provided by 1 or more persons, designed to assist
an individual with a disability to perform daily activities
on and off the job that the individual would typically
perform if the individual did not have a disability. Such
services shall be designed to increase the individual's
control in life and ability to perform everyday activities on
or off the job.
(3) Determination of awards
(A) In general
Subject to subparagraph (B), the Secretary shall develop a
methodology for awarding grants to States under this section
for a fiscal year in a manner that -
(i) rewards States for their efforts in encouraging
individuals described in paragraph (2)(A) to be employed; and
(ii) does not provide a State that has not elected to
provide medical assistance under subchapter XIX of this
chapter to individuals described in section
1396a(a)(10)(A)(ii)(XIII) of this title with proportionally
more funds for a fiscal year than a State that has exercised
such election.
(B) Award limits
(i) Minimum awards
(I) In general
Subject to subclause (II), no State with an approved
application under this section shall receive a grant for a
fiscal year that is less than $500,000.
(II) Pro rata reductions
If the funds appropriated under subsection (e) of this
section for a fiscal year are not sufficient to pay each
State with an application approved under this section the
minimum amount described in subclause (I), the Secretary
shall pay each such State an amount equal to the pro rata
share of the amount made available.
(ii) Maximum awards
(I) States that elected optional medicaid eligibility
No State that has an application that has been approved
under this section and that has elected to provide medical
assistance under subchapter XIX of this chapter to
individuals described in section 1396a(a)(10)(A)(ii)(XIII)
of this title shall receive a grant for a fiscal year that
exceeds 10 percent of the total expenditures by the State
(including the reimbursed Federal share of such
expenditures) for medical assistance provided under such
subchapter for such individuals, as estimated by the State
and approved by the Secretary.
(II) Other States
The Secretary shall determine, consistent with the limit
described in subclause (I), a maximum award limit for a
grant for a fiscal year for a State that has an application
that has been approved under this section but that has not
elected to provide medical assistance under subchapter XIX
of this chapter to individuals described in section
1396a(a)(10)(A)(ii)(XIII) of this title.
(c) Availability of funds
(1) Funds awarded to States
Funds awarded to a State under a grant made under this section
for a fiscal year shall remain available until expended.
(2) Funds not awarded to States
Funds not awarded to States in the fiscal year for which they
are appropriated shall remain available in succeeding fiscal
years for awarding by the Secretary.
(d) Annual report
A State that is awarded a grant under this section shall submit
an annual report to the Secretary on the use of funds provided
under the grant. Each report shall include the percentage increase
in the number of title II disability beneficiaries, as defined in
section 1320b-19(k)(3) of this title in the State, and title XVI
disability beneficiaries, as defined in section 1320b-19(k)(4) of
this title in the State who return to work.
(e) Appropriation
(1) In general
Out of any funds in the Treasury not otherwise appropriated,
there is appropriated to make grants under this section -
(A) for fiscal year 2001, $20,000,000;
(B) for fiscal year 2002, $25,000,000;
(C) for fiscal year 2003, $30,000,000;
(D) for fiscal year 2004, $35,000,000;
(E) for fiscal year 2005, $40,000,000; and
(F) for each of fiscal years 2006 through 2011, the amount
appropriated for the preceding fiscal year increased by the
percentage increase (if any) in the Consumer Price Index for
All Urban Consumers (United States city average) for the
preceding fiscal year.
(2) Budget authority
This subsection constitutes budget authority in advance of
appropriations Acts and represents the obligation of the Federal
Government to provide for the payment of the amounts appropriated
under paragraph (1).
(f) Recommendation
Not later than October 1, 2010, the Secretary, in consultation
with the Ticket to Work and Work Incentives Advisory Panel
established by section 101(f) of this Act, shall submit a
recommendation to the Committee on Commerce of the House of
Representatives and the Committee on Finance of the Senate
regarding whether the grant program established under this section
should be continued after fiscal year 2011.
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