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42 U.S.C. § 300d–52 — State grants for projects regarding traumatic brain injury
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Administrator for the Administration for Community Living, may make grants to States and American Indian consortia for the purpose of carrying out projects to improve access to rehabilitation and other services regarding traumatic brain injury.
**(b) State advisory board**
(1) **In general** — The Secretary may make a grant under subsection (a) only if the State or American Indian consortium involved agrees to establish an advisory board within the appropriate health department of the State or American Indian consortium or within another department as designated by the chief executive officer of the State or American Indian consortium.
(2) **Functions** — An advisory board established under paragraph (1) shall advise and make recommendations to the State or American Indian consortium on ways to improve services coordination regarding traumatic brain injury. Such advisory boards shall encourage citizen participation through the establishment of public hearings and other types of community outreach programs. In developing recommendations under this paragraph, such boards shall consult with Federal, State, and local governmental agencies and with citizens groups and other private entities.
(3) **Composition** — An advisory board established under paragraph (1) shall be composed of—
(A) representatives of—
(i) the corresponding State or American Indian consortium agencies involved;
(ii) public and nonprofit private health related organizations;
(iii) other disability advisory or planning groups within the State or American Indian consortium;
(iv) members of an organization or foundation representing individuals with traumatic brain injury in that State or American Indian consortium; and
(v)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300d–52
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Source file: Laws/federal/codes/united-states-code/title-42/section-300d52-state-grants-for-projects-regarding-traumatic-brain-injury--794f0ce01f.md
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Source location: Title 42, Chapter 6A, § 300d–52; chapter-6a-public-health-service.md
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**(a) In general** The Secretary, acting through the Administrator for the Administration for Community Living, may make grants to States and American Indian consortia for the purpose of carrying out projects to improve access to rehabilitation and other services regarding traumatic brain injury.
**(b) State advisory board**
(1) **In general** — The Secretary may make a grant under subsection (a) only if the State or American Indian consortium involved agrees to establish an advisory board within the appropriate health department of the State or American Indian consortium or within another department as designated by the chief executive officer of the State or American Indian consortium.
(2) **Functions** — An advisory board established under paragraph (1) shall advise and make recommendations to the State or American Indian consortium on ways to improve services coordination regarding traumatic brain injury. Such advisory boards shall encourage citizen participation through the establishment of public hearings and other types of community outreach programs. In developing recommendations under this paragraph, such boards shall consult with Federal, State, and local governmental agencies and with citizens groups and other private entities.
(3) **Composition** — An advisory board established under paragraph (1) shall be composed of—
(A) representatives of—
(i) the corresponding State or American Indian consortium agencies involved;
(ii) public and nonprofit private health related organizations;
(iii) other disability advisory or planning groups within the State or American Indian consortium;
(iv) members of an organization or foundation representing individuals with traumatic brain injury in that State or American Indian consortium; and
(v) injury control programs at the State or local level if such programs exist; and
(B) a substantial number of individuals with traumatic brain injury, or the family members of such individuals.
**(c) Matching funds**
(1) **In general** — With respect to the costs to be incurred by a State or American Indian consortium in carrying out the purpose described in subsection (a), the Secretary may make a grant under such subsection only if the State or American Indian consortium agrees to make available non-Federal contributions toward such costs in an amount that is not less than $1 for each $2 of Federal funds provided under the grant.
(2) **Determination of amount contributed** — Non-Federal contributions under paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such contributions.
**(d) Application for grant** The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
**(e) Use of State and American Indian consortium grants**
(1) **Community services and supports** — A State or American Indian consortium shall (directly or through awards of contracts to nonprofit private entities) use amounts received under a grant under this section for the following:
(A) To develop, change, or enhance community-based service delivery systems that include timely access to comprehensive appropriate services and supports. Such service and supports—
(i) shall promote full participation by individuals with traumatic brain injury and their families in decision making regarding the services and supports; and
(ii) shall be designed for children, youth, and adults with traumatic brain injury.
(B) To focus on outreach to underserved and inappropriately served individuals, such as individuals in institutional settings, individuals with low socioeconomic resources, individuals in rural communities, and individuals in culturally and linguistically diverse communities.
(C) To award contracts to nonprofit entities for consumer or family service access training, consumer support, peer mentoring, and parent to parent programs.
(D) To develop individual and family service coordination or case management systems.
(E) To support other needs identified by the advisory board under subsection (b) for the State or American Indian consortium involved.
(2) **Best practices**
(A) *In general* — State or American Indian consortium services and supports provided under a grant under this section shall reflect the best practices in the field of traumatic brain injury, shall be in compliance with title II of the Americans with Disabilities Act of 1990 [[42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.], and shall be supported by quality assurance measures as well as state-of-the-art health care and integrated community supports, regardless of the severity of injury.
(B) *Demonstration by State agency* — The State or American Indian consortium agency responsible for administering amounts received under a grant under this section shall demonstrate that it has obtained knowledge and expertise of traumatic brain injury and the unique needs associated with traumatic brain injury.
(3) **State capacity building** — A State or American Indian consortium may use amounts received under a grant under this section to—
(A) educate consumers and families;
(B) train professionals in public and private sector financing (such as third party payers, State agencies, community-based providers, schools, and educators);
(C) develop or improve case management or service coordination systems;
(D) develop best practices in areas such as family or consumer support, return to work, housing or supportive living personal assistance services, assistive technology and devices, behavioral health services, substance abuse services, and traumatic brain injury treatment and rehabilitation;
(E) tailor existing State or American Indian consortium systems to provide accommodations to the needs of individuals with traumatic brain injury (including systems administered by the State or American Indian consortium departments responsible for health, mental health, labor/employment, education, intellectual disabilities or developmental disorders, transportation, and correctional systems);
(F) improve data sets coordinated across systems and other needs identified by a State or American Indian consortium plan supported by its advisory council; and
(G) develop capacity within targeted communities.
**(f) Coordination of activities** The Secretary shall ensure that activities under this section are coordinated as appropriate with other Federal agencies that carry out activities regarding traumatic brain injury.
**(g) Report** Not less than biennially, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions of the Senate, a report describing the findings and results of the programs established under this section and [section 300d–53 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d-53&num=0&edition=prelim), including measures of outcomes and consumer and surrogate satisfaction.
**(h) Definitions** For purposes of this section:
(1) The terms “American Indian consortium” and “State” have the meanings given to those terms in [section 300d–53 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d-53&num=0&edition=prelim).
(2) The term “traumatic brain injury” means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma. The Secretary may revise the definition of such term as the Secretary determines necessary, after consultation with States and other appropriate public or nonprofit private entities.
**(i) Authorization of appropriations** For the purpose of carrying out this section, there are authorized to be appropriated $7,321,000 for each of fiscal years 2020 through 2024.
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Federal law — U.S. Code and appendices · legal_authorities
Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-10&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
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Federal law — U.S. Code and appendices · legal_authorities
Page 8246
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12117
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 24 months after July 26, 1990, see
section 108 of Pub. L. 101–336, set out as a note under
section 12111 of this title.
§ 12117. Enforcement
(a) Powers, remedies, and procedures
The powers, remedies, and procedures set forth
in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and
2000e–9 of this title shall be the powers, rem-
edies, and procedures this subchapter provides
to the Commission, to the Attorney General, or
to any person alleging discrimination on the
basis of disability in violation of any provision
of this chapter, or regulations promulgated
under section 12116 of this title, concerning em-
ployment.
(b) Coordination
The agencies with enforcement authority for
actions which allege employment discrimina-
tion under this subchapter and under the Reha-
bilitation Act of 1973 [29 U.S.C. 701 et seq.] shall
develop procedures to ensure that administra-
tive complaints filed under this subchapter and
under the Rehabilitation Act of 1973 are dealt
with in a manner that avoids duplication of ef-
fort and prevents imposition of inconsistent or
conflicting standards for the same requirements
under this subchapter and the Rehabilitation
Act of 1973. The Commission, the Attorney Gen-
eral, and the Office of Federal Contract Compli-
ance Programs shall establish such coordinating
mechanisms (similar to provisions contained in
the joint regulations promulgated by the Com-
mission and the Attorney General at part 42 of
title 28 and part 1691 of title 29, Code of Federal
Regulations, and the Memorandum of Under-
standing between the Commission and the Office
of Federal Contract Compl
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12131
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