42 U.S.C. § 300d–53: State grants for…

Summary

The Secretary, through the Administration for Community Living, must give grants to protection and advocacy systems so they can help people with traumatic brain injury. These systems can use the money to give information, referrals, and advice; to help people and their families with advocacy; to provide legal representation; and to teach people how to speak up for themselves. To get a grant, a system must send an application to the Secretary with the information and promises the Secretary asks for. How much money each system gets depends on how much Congress funds the program. If total funding is under $2,700,000 in a year, the Secretary will make smaller grants from that amount for planning, outreach, and services. If total funding is $2,700,000 or more, each State gets a grant based on its share of the population, with minimums of $20,000 for American Samoa, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and the American Indian consortium, and $50,000 for other States. If total funding is $5,000,000 or more and increases from the prior year, those minimums rise by the same percentage as the funding increase. Unused grant money can be spent the next year. Each year, by October 1, the Secretary must pay the full grant amount directly unless the grantee asks otherwise. Grantees must send an annual report to the Secretary, and the Secretary had to send a report to Congress no later than one year after November 26, 2014. The Secretary will help coordinate data collection across HHS. If total funding is $6,000,000 or more, 2 percent must fund national training and technical help. Grants must follow the same record-access and authority rules these systems have under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act. Congress authorized $4,000,000 for each fiscal year 2020 through 2024. Definitions (one line each): American Indian consortium — a tribal consortium under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act; protection and advocacy system — the state or tribal system established under that subtitle C; State — the 50 States plus DC, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

Title 42, §300d–53

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

(a)In general

The Secretary, acting through the Administrator for the Administration for Community Living, shall make grants to protection and advocacy systems for the purpose of enabling such systems to provide services to individuals with traumatic brain injury.

(b)Services provided

Services provided under this section may include the provision of— (1)

(2)individual and family advocacy;

(3)legal representation; and

(4)specific assistance in self-advocacy.

(c)Application

To be eligible to receive a grant under this section, a protection and advocacy system shall submit an application to the Secretary at such time, in such form and manner, and accompanied by such information and assurances as the Secretary may require.

(d)Appropriations less than $2,700,000

(1)In general

With respect to any fiscal year in which the amount appropriated under subsection (l) to carry out this section is less than $2,700,000, the Secretary shall make grants from such amount to individual protection and advocacy systems within States to enable such systems to plan for, develop outreach strategies for, and carry out services authorized under this section for individuals with traumatic brain injury.

(2)Amount

The amount of each grant provided under paragraph (1) shall be determined as set forth in paragraphs (2) and (3) of subsection (e).

(e)Appropriations of $2,700,000 or more

(1)Population basis

Except as provided in paragraph (2), with respect to each fiscal year in which the amount appropriated under subsection (l) to carry out this section is $2,700,000 or more, the Secretary shall make a grant to a protection and advocacy system within each State.

(2)Amount

The amount of a grant provided to a system under paragraph (1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved under subsection (l) as the population of the State in which the grantee is located bears to the population of all States.

(3)Minimums

Subject to the availability of appropriations, the amount of a grant a protection and advocacy system under paragraph (1) for a fiscal year shall—

(A)in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, and the protection and advocacy system serving the American Indian consortium, not be less than $20,000; and

(B)in the case of a protection and advocacy system in a State not described in subparagraph (A), not be less than $50,000.

(4)Inflation adjustment

For each fiscal year in which the total amount appropriated under subsection (l) to carry out this section is $5,000,000 or more, and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grants amount described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (l) to carry out this section between the preceding fiscal year and the fiscal year involved.

(f)Carryover

Any amount paid to a protection and advocacy system that serves a State or the American Indian consortium for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the next fiscal year for the purposes for which such amount was originally provided.

(g)Direct payment

Notwithstanding any other provision of law, each fiscal year not later than October 1, the Secretary shall pay directly to any protection and advocacy system that complies with the provisions of this section, the total amount of the grant for such system, unless the system provides otherwise for such payment.

(h)Reporting

(1)Reports by systems

Each protection and advocacy system that receives a payment under this section shall submit an annual report to the Secretary concerning the services provided to individuals with traumatic brain injury by such system.

(2)Report by Secretary

Not later than 1 year after November 26, 2014, the Secretary shall prepare and submit to the appropriate committees of Congress a report describing the services and activities carried out under this section during the period for which the report is being prepared.

(i)Data collection

The Secretary shall facilitate agreements to coordinate the collection of data by agencies within the Department of Health and Human Services regarding protection and advocacy services.

(j)Training and technical assistance

(1)Grants

For any fiscal year for which the amount appropriated to carry out this section is $6,000,000 or greater, the Secretary shall use 2 percent of such amount to make a grant to an eligible national association for providing for training and technical assistance to protection and advocacy systems.

(2)Definition

In this subsection, the term “eligible national association” means a national association with demonstrated experience in providing training and technical assistance to protection and advocacy systems.

(k)System authority

In providing services under this section, a protection and advocacy system shall have the same authorities, including access to records, as such system would have for purposes of providing services under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).

(l)Authorization of appropriations

There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2020 through 2024.

(m)Definitions

In this section: (1) American Indian consortium

(2)Protection and advocacy system

The term “protection and advocacy system” means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).

(3)State

The term “State”, unless otherwise specified, means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsecs. (k) and (m)(1), (2), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 15001 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–377, § 4(1), inserted “, acting through the Administrator for the Administration for Community Living,” after “The Secretary”. Subsec. (l). Pub. L. 115–377, § 4(2), substituted “$4,000,000 for each of fiscal years 2020 through 2024” for “$3,100,000 for each of the fiscal years 2015 through 2019”. 2014—Subsec. (a). Pub. L. 113–196, § 4(1), struck out “, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the ‘Administrator’),” after “The Secretary”. Subsecs. (c), (d)(1), (e)(1), (4), (g). Pub. L. 113–196, § 4(2), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (h). Pub. L. 113–196, § 4(2), (3), substituted “Reporting” for “Annual report” in heading; designated existing provisions as par. (1), inserted heading, and substituted “Secretary” for “Administrator”; and added par. (2). Subsec. (i). Pub. L. 113–196, § 4(4), substituted “The Secretary shall facilitate agreements to coordinate the collection of data by agencies within the Department of Health and Human Services regarding” for “The Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities shall enter into an agreement to coordinate the collection of data by the Administrator and the Commissioner regarding”. Subsec. (j)(1). Pub. L. 113–196, § 4(2), substituted “Secretary” for “Administrator”. Subsec. (k). Pub. L. 113–196, § 4(5), substituted “subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)” for “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000”. Subsec. (l). Pub. L. 113–196, § 4(6), substituted “$3,100,000 for each of the fiscal years 2015 through 2019” for “$5,000,000 for fiscal year 2001, and such sums as may be necessary for each the fiscal years 2009 through 2012”. Subsec. (m)(1). Pub. L. 113–196, § 4(7)(A), substituted “subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)” for “part C of the Developmental Disabilities Assistance Bill of Rights Act (42 U.S.C. 6042 et seq.)”. Subsec. (m)(2). Pub. L. 113–196, § 4(7)(B), substituted “subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)” for “part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042 et seq.)”. 2008—Subsecs. (d), (e). Pub. L. 110–206, § 6(b)(1), substituted “subsection (l)” for “subsection (i)” wherever appearing. Subsec. (g). Pub. L. 110–206, § 6(b)(2), inserted “each fiscal year not later than October 1,” before “the Administrator shall pay”. Subsecs. (i) to (k). Pub. L. 110–206, § 6(b)(4), added subsecs. (i) to (k). Former subsecs. (i) and (j) redesignated (l) and (m), respectively. Subsec. (l). Pub. L. 110–206, § 6(b)(3), (5), redesignated subsec. (i) as (l) and substituted “2009 through 2012” for “2002 through 2005”. Subsec. (m). Pub. L. 110–206, § 6(b)(3), redesignated subsec. (j) as (m).

§300d–53 State Grants for Protection and Advocacy Services