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).
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