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42 U.S.C. § 300d–53 — State grants for protection and advocacy services
Federal law — U.S. Code and appendices · legal_authorities
**(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 provid
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Source file: Laws/federal/codes/united-states-code/title-42/section-300d53-state-grants-for-protection-and-advocacy-services--8f29b20eca.md
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Source location: Title 42, Chapter 6A, § 300d–53; 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, 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 11 So in original. Probably should be followed by “to”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15041
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population;
(3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;
(4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim));
(5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights;
(6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved;
(7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.
**(b) Definitions** In this section:
(1) **Civil legal assistance attorney** — The term “civil legal assistance attorney” means an attorney who—
(A) is a full-time employee of—
(i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or
(ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under—
(I) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.);
(II) section 732 or 794e of title 29;
(III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.);
(IV) [section 3004 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3004&num=0&edition=prelim);
(V) [section 1320b–21 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–21&num=0&edition=prelim);
(VI) [section 300d–53 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d–53&num=0&edition=prelim); or
(VII) [section 21061 of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061&num=0&edition=prelim);
(B) as such employee, provides civil legal assista
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1078–12
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Federal law — U.S. Code and appendices · legal_authorities
Page 8681
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15042
court the record of the proceedings on which the
Secretary based the action, as provided in sec-
tion 2112 of title 28.
(c) Jurisdiction
Upon the filing of the petition, the court shall
have jurisdiction to affirm the action of the Sec-
retary or to set the action aside, in whole or in
part, temporarily or permanently. Until the fil-
ing of the record, the Secretary may modify or
set aside the order of the Secretary relating to
the action.
(d) Findings and remand
The findings of the Secretary about the facts,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case involved to the Secretary
for further proceedings to take further evidence.
On remand, the Secretary may make new or
modified findings of fact and may modify the
previous action of the Secretary, and shall file
with the court the record of the further pro-
ceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
(e) Finality
The judgment of the court affirming or setting
aside, in whole or in part, any action of the Sec-
retary shall be final, subject to review by the
Supreme Court of the United States upon certio-
rari or certification as provided in section 1254
of title 28.
(f) Effect
The commencement of proceedings under this
section shall not, unless so specifically ordered
by a court, operate as a stay of the Secretary’s
action.
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114
Stat. 1711.)
§ 15029. Authorization of appropriations
(a) Funding for State allotments
Except as described in subsection (b), there are
authorized to be appropriated for allotments
under section 15022 of this title $76,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041
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