
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-21]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 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.) 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.).

(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.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1150, as added Pub. L. 106-170, 
title I, Sec. 122, Dec. 17, 1999, 113 Stat. 1890.)

                       References in Text

    The Developmental Disabilities Assistance and Bill of Rights Act, 
referred to in subsecs. (a) and (g)(3), is title I of Pub. L. 88-164, as 
added by Pub. L. 98-527, Sec. 2, Oct. 19, 1984, 98 Stat. 2662, as 
amended. Part C of title I of the Developmental Disabilities Assistance 
and Bill of Rights Act probably means part C of the Act, which is 
classified generally to subchapter III (Sec. 6041 et seq.) of chapter 75 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 6000 of this title and Tables.
    Section 101(f) of the Ticket to Work and Work Incentives Improvement 
Act of 1999, referred to in subsec. (e), is section 101(f) of Pub. L. 
106-170, which is set out as a note under section 1320b-19 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 1320b-19 of this title.
