{"identifier":"/us/usc/t42/s1320b\u201321","title":42,"num":"\u00a7\u202f1320b\u201321.","heading":"State grants for work incentives assistance to disabled beneficiaries","text":"\u00a7\u202f1320b\u201321.\nState grants for work incentives assistance to disabled beneficiaries\n(a)\nIn general\nSubject 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 (\n42 U.S.C. 6041\n1\n1 See References in Text note below.\n(b)\nServices provided\nServices provided to disabled beneficiaries pursuant to a payment made under this section may include\u2014\n(1) information and advice about obtaining vocational rehabilitation and employment services; and\n(2) advocacy or other services that a disabled beneficiary may need to secure, maintain, or regain gainful employment.\n(c)\nApplication\nIn 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.\n(d)\nAmount of payments\n(1)\nIn general\nSubject 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\u2014\n(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\u2014\n(i) $100,000; or\n(ii) \u2153 of 1 percent of the amount available for payments under this section; and\n(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.\n(2)\nInflation adjustment\nFor 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.\n(e)\nAnnual report\nEach 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.\n(f)\nFunding\n(1)\nAllocation of payments\nPayments 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.\n(2)\nCarryover\nAny 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.\n(g)\nDefinitions\nIn this section:\n(1)\nCommissioner\nThe term \u201cCommissioner\u201d means the Commissioner of Social Security.\n(2)\nDisabled beneficiary\nThe term \u201cdisabled beneficiary\u201d means an individual\u2014\n(A) who is a disabled beneficiary as defined in\nsection 1320b\u201319(k)(2) of this title\n(B) who is receiving a cash payment described in\nsection 1382e(a) of this title\nsection 212(a)(3) of Public Law 93\u201366\nsection 1382e(a) of this title\nsection 212(b) of Public Law 93\u201366\n(C) who, pursuant to\nsection 1382h(b) of this title\n(D) who is entitled to benefits under part A of subchapter XVIII of this chapter by reason of the penultimate sentence of\nsection 426(b) of this title\n(3)\nProtection and advocacy system\nThe term \u201cprotection and advocacy system\u201d means a protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (\n42 U.S.C. 6041\n1\n(h)\nAuthorization of appropriations\nThere are authorized to be appropriated to carry out this section $7,000,000 for each of the fiscal years 2000 through 2011.","url":"https://projectusc.org/usc/t42/s1320b\u201321.html","content":[{"t":"sec","id":"/us/usc/t42/s1320b\u201321","children":[{"t":"num","text":"\u00a7\u202f1320b\u201321."},{"t":"heading","text":"State grants for work incentives assistance to disabled beneficiaries"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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 (","children":[{"t":"ref","text":"42 U.S.C. 6041","href":"/us/usc/t42/s6041","tail":" et seq.)\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" for the purpose of providing services to disabled beneficiaries."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Services provided"},{"t":"chapeau","text":"Services provided to disabled beneficiaries pursuant to a payment made under this section may include\u2014"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" information and advice about obtaining vocational rehabilitation and employment services; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" advocacy or other services that a disabled beneficiary may need to secure, maintain, or regain gainful employment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Application"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Amount of payments"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t42/s1320b\u201321/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t42/s1320b\u201321/d/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" $100,000; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1320b\u201321/d/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" \u2153 of 1 percent of the amount available for payments under this section; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320b\u201321/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Inflation adjustment"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Annual report"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Funding"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Allocation of payments"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Carryover"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Commissioner"},{"t":"content","children":[{"t":"p","text":"The term \u201cCommissioner\u201d means the Commissioner of Social Security.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Disabled beneficiary"},{"t":"chapeau","text":"The term \u201cdisabled beneficiary\u201d means an individual\u2014"},{"t":"subpara","id":"/us/usc/t42/s1320b\u201321/g/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" who is a disabled beneficiary as defined in ","children":[{"t":"ref","text":"section 1320b\u201319(k)(2) of this title","href":"/us/usc/t42/s1320b\u201319/k/2","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320b\u201321/g/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" who is receiving a cash payment described in ","children":[{"t":"ref","text":"section 1382e(a) of this title","href":"/us/usc/t42/s1382e/a","tail":" or a supplementary payment described in "},{"t":"ref","text":"section 212(a)(3) of Public Law 93\u201366","href":"/us/pl/93/66/s212/a/3","tail":" (without regard to whether such payment is paid by the Commissioner pursuant to an agreement under "},{"t":"ref","text":"section 1382e(a) of this title","href":"/us/usc/t42/s1382e/a","tail":" or under "},{"t":"ref","text":"section 212(b) of Public Law 93\u201366","href":"/us/pl/93/66/s212/b","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320b\u201321/g/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" who, pursuant to ","children":[{"t":"ref","text":"section 1382h(b) of this title","href":"/us/usc/t42/s1382h/b","tail":", is considered to be receiving benefits under subchapter XVI of this chapter; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1320b\u201321/g/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" who is entitled to benefits under part A of subchapter XVIII of this chapter by reason of the penultimate sentence of ","children":[{"t":"ref","text":"section 426(b) of this title","href":"/us/usc/t42/s426/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1320b\u201321/g/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Protection and advocacy system"},{"t":"content","children":[{"t":"p","text":"The term \u201cprotection and advocacy system\u201d means a protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (","children":[{"t":"ref","text":"42 U.S.C. 6041","href":"/us/usc/t42/s6041","tail":" et seq.)."},{"t":"text","text":"1"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1320b\u201321/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Authorization of appropriations"},{"t":"content","children":[{"t":"p","text":"There are authorized to be appropriated to carry out this section $7,000,000 for each of the fiscal years 2000 through 2011.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}