Page:United States Statutes at Large Volume 113 Part 3.djvu/380

This page needs to be proofread.


113 STAT. 1898 PUBLIC LAW 106-170—DEC. 17, 1999 (1) IN GENERAL.—The term "worker with a potentially severe disability means, with respect to a demonstration project, an individual who— (A) is at least 16, but less than 65, years of age; (B) has a specific physical or mental impairment that, as defined by the State under the demonstration project, is reasonably expected, but for the receipt of items and services described in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), to become blind or disabled (as defined under section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a))); and (C) is employed (as defined in paragraph (2)). (2) DEFINITION OF EMPLOYED. — An individual is considered to be "employed" if the individual— (A) is earning at least the applicable minimum wage requirement under section 6 of the Fair Labor Standards Act (29 U.S.C. 206) and working at least 40 hours per month; or (B) is engaged in a work effort that meets substantial and reasonable threshold criteria for hours of work, wages, or other measures, as defined under the demonstration project and approved by the Secretary. (c) APPROVAL OF DEMONSTRATION PROJECTS. — (1) IN GENERAL.— Subject to paragraph (3), the Secretary shall approve applications under subsection (a) that meet the requirements of paragraph (2) and such additional terms and conditions as the Secretary may require. The Secretary may waive the requirement of section 1902(a)(1) of the Social Security Act (42 U.S.C. 1396a(a)(l)) to allow for sub-State demonstrations. (2) TERMS AND CONDITIONS OF DEMONSTRATION PROJECTS.— The Secretary may not approve a demonstration project under this section unless the State provides assurances satisfactory to the Secretary that the following conditions are or will be met: (A) MAINTENANCE OF STATE EFFORT.— Federal funds paid to a State pursuant to this section must be used to supplement, but not supplant, the level of State funds expended for workers with potentially severe disabilities under programs in effect for such individuals at the time the demonstration project is approved under this section. (B) INDEPENDENT EVALUATION. —The State provides for an independent evaluation of the project. (3) LIMITATIONS ON FEDERAL FUNDING.— (A) APPROPRIATION.— (i) IN GENERAL.— Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section— (I) $42,000,000 for each of fiscal years 2001 through 2004; and (II) $41,000,000 for each of fiscal years 2005 and 2006. (ii) BUDGET AUTHORITY. —Clause (i) 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 clause (i).