---
kind: "section"
citation: "42 U.S.C. § 1320b–22"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1320b–22"
heading: "Grants to develop and establish State infrastructures to support working individuals with disabilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1320b-22"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XI — General Provisions, Peer Review, and Administrative Simplification"
  - "Part A — General Provisions"
---

# §1320b–22. Grants to develop and establish State infrastructures to support working individuals with disabilities

- (a) **Establishment—**
  - (1) **In general—** The [Secretary](/usc/42/1301.md?p=a-6) of Health and Human Services (in this section referred to as the “[Secretary](/usc/42/1301.md?p=a-6)”) shall award [grants](/usc/42/1397j.md?p=10) described in [subsection (b)](#b) to [States](/usc/42/619.md?p=5) to support the design, establishment, and operation of [State](/usc/42/619.md?p=5) 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](/usc/42/1397j.md?p=10) under this section, a [State](/usc/42/619.md?p=5) shall submit an application to the [Secretary](/usc/42/1301.md?p=a-6) at such time, in such manner, and containing such information as the [Secretary](/usc/42/1301.md?p=a-6) shall require.
  - (3) **Definition of State—** In this section, the term “[State](/usc/42/619.md?p=5)” means each of the 50 [States](/usc/42/619.md?p=5), the District of Columbia, Puerto Rico, Guam, the [United States](/usc/42/1301.md?p=a-2) 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)](#e), the [Secretary](/usc/42/1301.md?p=a-6) shall award [grants](/usc/42/1397j.md?p=10) to [States](/usc/42/619.md?p=5) to—
    - (A) support the establishment, implementation, and operation of the [State](/usc/42/619.md?p=5) infrastructures described in [subsection (a)](#a); and
    - (B) conduct outreach campaigns regarding the existence of such infrastructures.
  - (2) **Eligibility for grants—**
    - (A) **In general—** No [State](/usc/42/619.md?p=5) may receive a [grant](/usc/42/1397j.md?p=10) under this subsection unless the [State](/usc/42/619.md?p=5) demonstrates to the satisfaction of the [Secretary](/usc/42/1301.md?p=a-6) that the [State](/usc/42/619.md?p=5) makes personal assistance services available under the [State](/usc/42/619.md?p=5) plan under subchapter XIX of this chapter to the extent necessary to enable individuals with disabilities to remain employed, [including](/usc/42/1301.md?p=b) individuals described in [section 1396a(a)(10)(A)(ii)(XIII) of this title](/usc/42/1396a.md?p=a-10-A-ii-XIII) if the [State](/usc/42/619.md?p=5) 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](/usc/29/206.md) 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](/usc/42/409.md?p=a), or other measures, as defined and approved by the [Secretary](/usc/42/1301.md?p=a-6).
      - (ii) **Personal assistance services—** The term “personal assistance services” means a range of services, provided by 1 or more [persons](/usc/42/1301.md?p=a-3), 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)](#b-3-B), the [Secretary](/usc/42/1301.md?p=a-6) shall develop a methodology for awarding [grants](/usc/42/1397j.md?p=10) to [States](/usc/42/619.md?p=5) under this section for a [fiscal year](/usc/42/619.md?p=3) in a manner that—
      - (i) rewards [States](/usc/42/619.md?p=5) for their efforts in encouraging individuals described in [paragraph (2)(A)](#b-2-A) to be employed; and
      - (ii) does not provide a [State](/usc/42/619.md?p=5) 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](/usc/42/1396a.md?p=a-10-A-ii-XIII) with proportionally more funds for a [fiscal year](/usc/42/619.md?p=3) than a [State](/usc/42/619.md?p=5) that has exercised such election.
    - (B) **Award limits—**
      - (i) **Minimum awards—**
        - (I) **In general—** Subject to [subclause (II)](#b-3-B-i-II), no [State](/usc/42/619.md?p=5) with an approved application under this section shall receive a [grant](/usc/42/1397j.md?p=10) for a [fiscal year](/usc/42/619.md?p=3) that is less than $500,000.
        - (II) **Pro rata reductions—** If the funds appropriated under [subsection (e)](#e) for a [fiscal year](/usc/42/619.md?p=3) are not sufficient to pay each [State](/usc/42/619.md?p=5) with an application approved under this section the minimum amount described in [subclause (I)](#b-3-B-i-I), the [Secretary](/usc/42/1301.md?p=a-6) shall pay each such [State](/usc/42/619.md?p=5) 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](/usc/42/619.md?p=5) 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](/usc/42/1396a.md?p=a-10-A-ii-XIII) shall receive a [grant](/usc/42/1397j.md?p=10) for a [fiscal year](/usc/42/619.md?p=3) that exceeds 10 percent of the total expenditures by the [State](/usc/42/619.md?p=5) ([including](/usc/42/1301.md?p=b) the reimbursed Federal share of such expenditures) for medical assistance provided under such subchapter for such individuals, as estimated by the [State](/usc/42/619.md?p=5) and approved by the [Secretary](/usc/42/1301.md?p=a-6).
        - (II) **Other States—** The [Secretary](/usc/42/1301.md?p=a-6) shall determine, consistent with the limit described in [subclause (I)](#b-3-B-ii-I), a maximum award limit for a [grant](/usc/42/1397j.md?p=10) for a [fiscal year](/usc/42/619.md?p=3) for a [State](/usc/42/619.md?p=5) 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](/usc/42/1396a.md?p=a-10-A-ii-XIII).
- (c) **Availability of funds—**
  - (1) **Funds awarded to States—** Funds awarded to a [State](/usc/42/619.md?p=5) under a [grant](/usc/42/1397j.md?p=10) made under this section for a [fiscal year](/usc/42/619.md?p=3) shall remain available until expended.
  - (2) **Funds not awarded to States—** Funds not awarded to [States](/usc/42/619.md?p=5) in the [fiscal year](/usc/42/619.md?p=3) for which they are appropriated shall remain available in succeeding [fiscal years](/usc/42/619.md?p=3) for awarding by the [Secretary](/usc/42/1301.md?p=a-6).
- (d) **Annual report—** A [State](/usc/42/619.md?p=5) that is awarded a [grant](/usc/42/1397j.md?p=10) under this section shall submit an annual report to the [Secretary](/usc/42/1301.md?p=a-6) on the use of funds provided under the [grant](/usc/42/1397j.md?p=10). 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](/usc/42/1320b–19.md?p=k-3) (as added by section 101(a) of this Act) in the [State](/usc/42/619.md?p=5), and title XVI disability beneficiaries, as defined in [section 1320b–19(k)(4) of this title](/usc/42/1320b–19.md?p=k-4) (as so added) in the [State](/usc/42/619.md?p=5) 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](/usc/42/1397j.md?p=10) under this section—
    - (A) for [fiscal year](/usc/42/619.md?p=3) 2001, $20,000,000;
    - (B) for [fiscal year](/usc/42/619.md?p=3) 2002, $25,000,000;
    - (C) for [fiscal year](/usc/42/619.md?p=3) 2003, $30,000,000;
    - (D) for [fiscal year](/usc/42/619.md?p=3) 2004, $35,000,000;
    - (E) for [fiscal year](/usc/42/619.md?p=3) 2005, $40,000,000; and
    - (F) for each of [fiscal years](/usc/42/619.md?p=3) 2006 through 2011, the amount appropriated for the preceding [fiscal year](/usc/42/619.md?p=3) increased by the percentage increase (if any) in the Consumer Price Index for All Urban Consumers ([United States](/usc/42/1301.md?p=a-2) city average) for the preceding [fiscal year](/usc/42/619.md?p=3).
  - (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)](#e-1).
- (f) **Recommendation—** Not later than October 1, 2010, the [Secretary](/usc/42/1301.md?p=a-6), 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](/usc/42/1397j.md?p=10) program established under this section should be continued after [fiscal year](/usc/42/619.md?p=3) 2011.

## Source credit

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

## Notes

### Editorial Notes

### References in Text

Section 101(a) of this Act, referred to in subsec. (d), is section 101(a) of the Ticket to Work and Work Incentives Improvement Act of 1999, Pub. L. 106–170, which enacted section 1320b–19 of this title.

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.

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.