
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-22]

 
                 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-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.

(Pub. L. 106-170, title II, Sec. 203, Dec. 17, 1999, 113 Stat. 1894.)

                       References in Text

    Section 101(f) of this Act, referred to in subsec. (f), is section 
101(f) of the Ticket to Work and Work Incentives Improvement Act of 
1999, Pub. L. 106-170, which is set out as a note under section 1320b-19 
of this title.

                          Codification

    Section was enacted as part of the Ticket to Work and Work 
Incentives Improvement Act of 1999, and not as part of the Social 
Security Act which comprises this chapter.
