42 U.S.C. § 1320b–21 — State grants for work incentives assistance to disabled beneficiaries
submitted 91 years ago by Pub. L. 106-170 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 697 words · no verdicts yet
The Commissioner may pay State protection-and-advocacy systems to help disabled beneficiaries obtain and keep work. The section sets eligible services, application rules, minimum payments, reports, funding, definitions, and appropriations.
(a) In general. Subject to subsection (c), the Commissioner may make payments in each State* to the protection-and-advocacy system established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act. The payments are for services to disabled beneficiaries.
(b) Services provided. Services may include—
(1) information and advice about obtaining vocational-rehabilitation and employment services; and
(2) advocacy or other services the beneficiary may need to obtain, keep, or regain gainful employment.
(c) Application. To receive payment, a protection-and-advocacy system must apply to the Commissioner at the time and in the form and manner the Commissioner requires, with the required information and assurances.
(d) Amount of payments
(1) In general. Subject to the amount appropriated, a system may not be paid less than—
(A) for a system in a State, the District of Columbia, or Puerto Rico, the greater of—
(i) $100,000; or
(ii) one-third of 1 percent of the amount available for payments; and
(B) for a system in Guam, American Samoa, the United States* Virgin Islands, or the Northern Mariana Islands, $50,000.
(2) Inflation adjustment. If the total appropriation is higher than the preceding fiscal year’s total, the Commissioner must increase each minimum payment by the same percentage increase.
(e) Annual report. Each system receiving payment must report annually to the Commissioner and the Ticket to Work and Work Incentives Advisory Panel on services it provided.
(f) Funding
(1) Allocation. Payments come from amounts available to administer subchapters II and XVI and are allocated between those amounts as appropriate.
(2) Carryover. Amounts allotted for a fiscal year remain available for payment to or for the system through the end of the next fiscal year.
(g) Definitions
(1) Commissioner means the Commissioner of Social Security.
(2) Disabled beneficiary means an individual meeting any of the four descriptions in section 1320b–20(d)(2)(A)–(D): the defined disabled-beneficiary status, receipt of the specified cash or supplementary payment, treatment* as receiving subchapter XVI benefits under section 1382h(b), or entitlement to part A subchapter XVIII benefits under section 426(b)’s penultimate sentence.
(3) Protection-and-advocacy system means a system established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act.
(h) Authorization of appropriations. Congress authorizes $7,000,000 for each fiscal year from 2000 through 2011.
Subject to subsection (c), 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.
Services provided to disabled beneficiaries pursuant to a payment made under this section may include—
information and advice about obtaining vocational rehabilitation and employment services; and
advocacy or other services that a disabled beneficiary may need to secure, maintain, or regain gainful employment.
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.
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—
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—
$100,000; or
⅓ of 1 percent of the amount available for payments under this section; and
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.
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.
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.
Payments under this section shall be made from amounts made available for the administration* of subchapter II and amounts made available for the administration of subchapter XVI, and shall be allocated among those amounts as appropriate.
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.
In this section:
The term “Commissioner” means the Commissioner of Social Security.
The term “disabled beneficiary” means an individual—
who is a disabled beneficiary as defined in section 1320b–19(k)(2) of this title;
who is receiving a cash payment described in section 1382e(a) of this title or a supplementary payment described in section 212(a)(3) of Public Law 93–66 (without regard to whether such payment is paid by the Commissioner pursuant to an agreement under section 1382e(a) of this title or under section 212(b) of Public Law 93–66);
who, pursuant to section 1382h(b) of this title, is considered to be receiving benefits under subchapter XVI of this chapter; or
who is entitled to benefits under part A of subchapter XVIII of this chapter by reason of the penultimate sentence of section 426(b) of this title.
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
There are authorized to be appropriated to carry out this section $7,000,000 for each of the fiscal years 2000 through 2011.
Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1150, as added Pub. L. 106–170, title I, § 122, Dec. 17, 1999, 113 Stat. 1890; amended Pub. L. 108–203, title IV, §§ 404(b)(1), (2), 407(b), Mar. 2, 2004, 118 Stat. 526, 527; Pub. L. 111–63, § 3, Sept. 18, 2009, 123 Stat. 2001; Pub. L. 111–280, § 2(b), Oct. 13, 2010, 124 Stat. 2903.)
- 1935Enacted · Pub. L. 106-170 · 113 Stat. 1890
- 2004Amended · Pub. L. 108-203 · 118 Stat. 526, 527
- 2009Amended · Pub. L. 111-63 · 123 Stat. 2001
- 2010Amended · Pub. L. 111-280 · 124 Stat. 2903
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-170 on 1935-08-14.
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