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42 U.S.C. § 300d–53State grants for protection and advocacy services

submitted 82 years ago by Pub. L. 106-310 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,038 words · no verdicts yet

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The Secretary must fund protection-and-advocacy systems that help people with traumatic brain injury, offering things like advice, advocacy, and legal representation. Grant amounts follow a set formula based on funding level and each state's population, with guaranteed minimums for territories and other states. Congress authorized $4 million a year for fiscal years 2020 through 2024, plus extra money for training when funding is high enough.

(a) In general The Secretary, through the Administrator for the Administration for Community Living, must give grants to protection and advocacy systems so they can serve people with traumatic brain injury. (b) Services provided Services may include: (1) information, referrals, and advice; (2) individual and family advocacy; (3) legal representation; and (4) help with self-advocacy. (c) Application A protection and advocacy system must apply as the Secretary requires, with the information and assurances the Secretary asks for. (d) Appropriations less than $2,700,000 If yearly funding under subsection (l) is below $2,700,000, the Secretary makes grants from that amount to individual systems within States to help them plan, do outreach, and carry out services, with the amount set under subsection (e)(2)–(3). (e) Appropriations of $2,700,000 or more (1) At this funding level, the Secretary gives a grant to a protection and advocacy system in every State. (2) Each grant equals the total funding for the year multiplied by that State's share of the national population. (3) Minimum amounts apply: at least $20,000 for systems in American Samoa, Guam, the Virgin Islands, the Northern Mariana Islands, or the American Indian consortium; at least $50,000 for systems in other States. (4) When total funding is $5,000,000 or more and higher than the year before, the Secretary must raise these minimums by the same percentage that funding increased. (f) Carryover Unspent grant money at the end of a fiscal year stays available to that system the next year for the same purposes. (g) Direct payment By October 1 each year, the Secretary must pay each compliant system its full grant directly, unless the system asks for a different payment method. (h) Reporting (1) Each system that gets a payment must file an annual report on services it provided. (2) Within one year of November 26, 2014, the Secretary had to report to Congress on the services and activities carried out under this section. (i) Data collection The Secretary must coordinate data collection among Department of Health and Human Services agencies about protection and advocacy services. (j) Training and technical assistance When yearly funding is $6,000,000 or more, the Secretary must use 2 percent of it to fund a national association that provides training and technical assistance to protection and advocacy systems. (k) System authority A protection and advocacy system providing services under this section has the same powers, including record access, that it has under Subtitle C of Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. (l) Authorization of appropriations Congress authorized $4,000,000 for each of fiscal years 2020 through 2024. (m) Definitions "American Indian consortium" and "protection and advocacy system" mean the consortium or system established under Subtitle C of Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. "State" means the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
the actual law source: uscode.house.gov ↗public domain
(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)

information, referrals, and advice;

(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 1 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

The term “American Indian consortium” means a consortium 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.).

(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.

Source credit: (July 1, 1944, ch. 373, title XII, § 1253, as added Pub. L. 106–310, div. A, title XIII, § 1305, Oct. 17, 2000, 114 Stat. 1141; amended Pub. L. 110–206, § 6(b), Apr. 28, 2008, 122 Stat. 717; Pub. L. 113–196, § 4, Nov. 26, 2014, 128 Stat. 2053; Pub. L. 115–377, § 4, Dec. 21, 2018, 132 Stat. 5114.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-310 · 114 Stat. 1141
  • 2008Amended · Pub. L. 110-206 · 122 Stat. 717
  • 2014Amended · Pub. L. 113-196 · 128 Stat. 2053
  • 2018Amended · Pub. L. 115-377 · 132 Stat. 5114

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-310 on 1944-07-01.

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