PRIA, Government Policy, Made Personal

Summary

The Commissioner of Social Security may pay each State’s protection and advocacy program to help disabled beneficiaries find and keep work. The money can be used to give information about job and vocational services and to provide advocacy or other help to get, keep, or regain paid employment. Programs must apply to the Commissioner in the form and with the details he requires. Minimum yearly payments are set: for most States (including DC and Puerto Rico) each program gets at least $100,000 or one‑third of one percent of the total money available, whichever is larger; for Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands the minimum is $50,000. If overall funding goes up from one year to the next, those minimums rise by the same percentage. Programs must file an annual report to the Commissioner and the Ticket to Work and Work Incentives Advisory Panel. Payments come from funds used to run subchapter II and subchapter XVI programs and stay available until the end of the following fiscal year. Congress authorized $7,000,000 for each fiscal year 2000 through 2011. Definitions: Commissioner = the Commissioner of Social Security. Disabled beneficiary = a person who meets the statute’s rules for a disabled beneficiary or who receives certain disability or supplemental payments under related sections. Protection and advocacy system = the program set up under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act.

Title 42, §1320b–21

The Public Health and Welfare, Source: USLM XML via OLRC

(a)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.) 11 See References in Text note below. for the purpose of providing services to disabled beneficiaries.

(b)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, maintain, or regain gainful employment.

(c)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)(1)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)⅓ 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)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)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)(1)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.

(2)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)In this section:

(1)The term “Commissioner” means the Commissioner of Social Security.

(2)The term “disabled beneficiary” means an individual—

(A)who is a disabled beneficiary as defined in section 1320b–19(k)(2) of this title;

(B)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);

(C)who, pursuant to section 1382h(b) of this title, is considered to be receiving benefits under subchapter XVI of this chapter; or

(D)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.

(3)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

(h)There are authorized to be appropriated to carry out this section $7,000,000 for each of the fiscal years 2000 through 2011.

Notes & Related Subsidiaries

Editorial Notes

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, Oct. 31, 1963, 77 Stat. 282, as amended generally by Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2662, and as further amended, which was repealed by Pub. L. 106–402, title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737. Part C of the Act was classified generally to subchapter III (§ 6041 et seq.) of chapter 75 of this title. For complete classification of this Act to the Code, see 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 212 of Public Law 93–66, referred to in subsec. (g)(2)(B), is set out as a note under section 1382 of this title.

Amendments

2010—Subsec. (h). Pub. L. 111–280 substituted “2011” for “2010”. 2009—Subsec. (h). Pub. L. 111–63 substituted “2010” for “2009”. 2004—Subsec. (b)(2). Pub. L. 108–203, § 404(b)(2), substituted “secure, maintain, or regain” for “secure or regain”. Subsec. (g)(2). Pub. L. 108–203, § 404(b)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘disabled beneficiary’ has the meaning given that term in section 1320b–19(k)(2) of this title.” Subsec. (h). Pub. L. 108–203, § 407(b), substituted “2009” for “2004”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 Amendment Pub. L. 108–203, title IV, § 404(b)(3), Mar. 2, 2004, 118 Stat. 526, provided that: “The

Amendments

made by this subsection [amending this section] shall apply with respect to payments provided after the date of the enactment of this Act [Mar. 2, 2004].”

§1320b–21 State Grants for Work Incentives Assistance to Disabled Beneficiaries

Summary

Title 42, §1320b–21

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata