PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 589 "(aa) FILING. —Not later than 30 days after a grievant or complainant receives an adverse decision under the procedure established pursuant to subclause (I), the grievant or complainant may appeal the decision to a State agency designated by the State which shall be independent of the State or local agency that is administering the programs operated with funds provided under this paragraph and the State agency administering, or supervising the administration of, the State program funded under this part. " (bb) FINAL DETERMINATION.— Not later than 120 days after the State agency designated under item (aa) receives a grievance or complaint made under the procedure established by a State pursuant to subclause (I), the State agency shall make a final determination on the appeal. "(v) RULE OF INTERPRETATION. — This subparagraph shall not be construed to affect the authority of a State to provide or require workers' compensation. " (vi) NONPREEMPTION OF STATE LAW.— The provisions of this subparagraph shall not be construed to preempt any provision of State law that affords greater protections to employees or to other participants engaged in work activities under a program funded under this part than is afforded by such provisions of this subparagraph.". (2) CONFORMING AMENDMENT. —Section 409(a)(7)(B)(iv) of such Act (42 U.S.C. 609(a)(7)(B)(iv)) is amended to read as follows: "(iv) EXPENDITURES BY THE STATE. —The term 'expenditures by the State' does not include— "(I) any expenditure from amounts made available by the Federal Government; "(11) any State funds expended for the medicaid program under title XIX; "(III) any State funds which are used to match Federal funds provided under section 403(a)(5); or "(IV) any State funds which are expended as a condition of receiving Federal funds other than under this part. Notwithstanding subclause (IV) of the preceding sentence, such term includes expenditures by a State for child care in a fiscal year to the extent that the total amount of the expenditures does not exceed the amount of State expenditures in fiscal year 1994 or 1995 (whichever is the greater) that equal the non-Federal share for the programs described in section 418(a)(1)(A). ". (b) GRANTS TO OUTLYING AREAS. —Section 1108(a)(2) (42 U.S.C. 1308(a)(2)), as amended by section 5512(a) of this Act, is amended by inserting "403(a)(5)," after "403(a)(4),". (c) GRANTS TO INDIAN TRIBES.— Section 412(a) (42 U.S.C. 612(a)) is amended by adding at the end the following:
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