dreamproit/uscode huggingface dataset:
42 U.S.C. § 15028 (THE PUBLIC HEALTH AND WELFARE)
§ 15028. Appeals by States
(a) Appeal
If any State is dissatisfied with the Secretary’s action under section 15024(d)(3) or 15027 of this title, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action.
(b) Filing
The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28.
(c) Jurisdiction
Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or permanently. Until the filing 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 proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(e) Finality
The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari 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.)
42 U.S.C. § 15029 (THE PUBLIC HEALTH AND WELFARE)
§ 15029. Authorization of appropriations
(a) Funding for State allotments
Except as described in subsection (b) of this section, there are authorized to be appropriated for allotments under section 15022 of this title $76,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.
(b) Reservation for technical assistance
(1) Lower appropriation years
For any fiscal year for which the amount appropriated under subsection (a) of this section is less than $76,000,000, the Secretary shall reserve funds in accordance with section 15083(c) of this title to provide technical assistance to entities funded under this part.
(2) Higher appropriation years
For any fiscal year for which the amount appropriated under subsection (a) of this section is not less than $76,000,000, the Secretary shall reserve not less than $300,000 and not more than 1 percent of the amount appropriated under subsection (a) of this section to provide technical assistance to entities funded under this part.
(Pub. L. 106–402, title I, § 129, Oct. 30, 2000, 114 Stat. 1712.)
42 U.S.C. § 15041 (THE PUBLIC HEALTH AND WELFARE)
§ 15041. Purpose
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.
(Pub. L. 106–402, title I, § 141, Oct. 30, 2000, 114 Stat. 1712.)
42 U.S.C. § 15045 (THE PUBLIC HEALTH AND WELFARE)
§ 15045. Authorization of appropriations
For allotments under section 15042 of this title, there are authorized to be appropriated $32,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.
(Pub. L. 106–402, title I, § 145, Oct. 30, 2000, 114 Stat. 1718.)
42 U.S.C. § 15061 (THE PUBLIC HEALTH AND WELFARE)
§ 15061. Grant authority
(a) National network
From appropriations authorized under section 15066(a)(1) of this title, the Secretary shall make 5-year grants to entities in each State designated as University Centers for Excellence in Developmental Disabilities Education, Research, and Service to carry out activities described in section 15063(a) of this title.
(b) National training initiatives
From appropriations authorized under section 15066(a)(1) of this title and reserved under section 15066(a)(2) of this title, the Secretary shall make grants to Centers to carry out activities described in section 15063(b) of this title.
(c) Technical assistance
From appropriations authorized under section 15066(a)(1) of this title and reserved under section 15066(a)(3) of this title (or from funds reserved under section 15083 of this title, as appropriate), the Secretary shall enter into 1 or more cooperative agreements or contracts for the purpose of providing technical assistance described in section 15063(c) of this title.
(Pub. L. 106–402, title I, § 151, Oct. 30, 2000, 114 Stat. 1719.)
42 U.S.C. § 15062 (THE PUBLIC HEALTH AND WELFARE)
§ 15062. Grant awards
(a) Existing Centers
(1) In general
In awarding and distributing grant funds under section 15061(a)of this title for a fiscal year, the Secretary, subject to the availability of appropriations and the condition specified in subsection (d) of this section, shall award and distribute grant funds in equal amounts of $500,000 (adjusted in accordance with subsection (b) of this section), to each Center that existed during the preceding fiscal year and that meets the requirements of this part, prior to making grants under subsection (c) or (d) of this section.
(2) Reduction of award
Notwithstanding paragraph (1), if the aggregate of the funds to be awarded to the Centers pursuant to paragraph (1) for any fiscal year exceeds the total amount appropriated under section 15066 of this title for such fiscal year, the amount to be awarded to each Center for such fiscal year shall be proportionately reduced.
(b) Adjustments
Subject to the availability of appropriations, for any fiscal year following a year in which each Center described in subsection (a) of this section received a grant award of not less than $500,000 under subsection (a) of this section (adjusted in accordance with this subsection), the Secretary shall adjust the awards to take into account the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29 (if the percentage change indicates an increase), prior to making grants under subsection (c) or (d) of this section.
(c) National training initiatives on critical and emerging needs
Subject to the availability of appropriations, for any fiscal year in which each Center described in subsection (a) of this section receives a grant award of not less than $500,000, under subsection (a) of this section (adjusted in accordance with subsection (b) of this section), after making the grant awards, the Secretary shall make grants under section 15061(b) of this title to Centers to pay for the Federal share of the cost of training initiatives related to the unmet needs of individuals with developmental disabilities and their families, as described in section 15063(b) of this title.
(d) Additional grants
For any fiscal year in which each Center described in subsection (a) of this section receives a grant award of not less than $500,000 under subsection (a) of this section (adjusted in accordance with subsection (b) of this section), after making the grant awards, the Secretary may make grants under section 15061(a) of this title for activities described in section 15063(a) of this title to additional Centers, or additional grants to Centers, for States or populations that are unserved or underserved by Centers due to such factors as—
(1) population;
(2) a high concentration of rural or urban areas; or
(3) a high concentration of unserved or underserved populations.
(Pub. L. 106–402, title I, § 152, Oct. 30, 2000, 114 Stat. 1719.)
42 U.S.C. § 15065 (THE PUBLIC HEALTH AND WELFARE)
§ 15065. Definition
In this part, the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam.
(Pub. L. 106–402, title I, § 155, Oct. 30, 2000, 114 Stat. 1725.)
42 U.S.C. § 15066 (THE PUBLIC HEALTH AND WELFARE)
§ 15066. Authorization of appropriations
(a) Authorization and reservations
(1) Authorization
There are authorized to be appropriated to carry out this part (other than section 15063(c)(4) of this title) $30,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.
(2) Reservation for training initiatives
From any amount appropriated for a fiscal year under paragraph (1) and remaining after each Center described in section 15062(a) of this title has received a grant award of not less than $500,000, as described in section 15062 of this title, the Secretary shall reserve funds for the training initiatives authorized under section 15063(b) of this title.
(3) Reservation for technical assistance
(A) Years before appropriation trigger
For any covered year, the Secretary shall reserve funds in accordance with section 15083(c) of this title to fund technical assistance activities under section 15063(c) of this title (other than section 15063(c)(4) of this title).
(B) Years after appropriation trigger
For any fiscal year that is not a covered year, the Secretary shall reserve not less than $300,000 and not more than 2 percent of the amount appropriated under paragraph (1) to fund technical assistance activities under section 15063(c) of this title (other than section 15063(c)(4) of this title).
(C) Covered year
In this paragraph, the term “covered year” means a fiscal year prior to the first fiscal year for which the amount appropriated under paragraph (1) is not less than $20,000,000.
(b) Limitation
The Secretary may not use, for peer review or other activities directly related to peer review conducted under this part—
(1) for fiscal year 2001, more than $300,000 of the funds made available under subsection (a) of this section; and
(2) for any succeeding fiscal year, more than the amount of funds used for the peer review and related activities in fiscal year 2001, adjusted to take into account the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29 (if the percentage change indicates an increase).
(Pub. L. 106–402, title I, § 156, Oct. 30, 2000, 114 Stat. 1725.)
42 U.S.C. § 15081 (THE PUBLIC HEALTH AND WELFARE)
§ 15081. Purpose
The purpose of this part is to provide grants, contracts, or cooperative agreements for projects of national significance that—
(1) create opportunities for individuals with developmental disabilities to directly and fully contribute to, and participate in, all facets of community life; and
(2) support the development of national and State policies that reinforce and promote, with the support of families, guardians, advocates, and communities, of individuals with developmental disabilities, the self-determination, independence, productivity, and integration and inclusion in all facets of community life of such individuals through—
(A) family support activities;
(B) data collection and analysis;
(C) technical assistance to entities funded under parts B and D of this subchapter, subject to the limitations described in sections 15029(b), 15066(a)(3), and 15083(c) of this title; and
(D) other projects of sufficient size and scope that hold promise to expand or improve opportunities for such individuals, including—
(i) projects that provide technical assistance for the development of information and referral systems;
(ii) projects that provide technical assistance to self-advocacy organizations of individuals with developmental disabilities;
(iii) projects that provide education for policymakers;
(iv) Federal interagency initiatives;
(v) projects that enhance the participation of racial and ethnic minorities in public and private sector initiatives in developmental disabilities;
(vi) projects that provide aid to transition youth with developmental disabilities from school to adult life, especially in finding employment and postsecondary education opportunities and in upgrading and changing any assistive technology devices that may be needed as a youth matures;
(vii) initiatives that address the development of community quality assurance systems and the training related to the development, implementation, and evaluation of such systems, including training of individuals with developmental disabilities and their families;
(viii) initiatives that address the needs of aging individuals with developmental disabilities and aging caregivers of adults with developmental disabilities in the community;
(ix) initiatives that create greater access to and use of generic services systems, community organizations, and associations, and initiatives that assist in community economic development;
(x) initiatives that create access to increased living options;
(xi) initiatives that address the challenging behaviors of individuals with developmental disabilities, including initiatives that promote positive alternatives to the use of restraints and seclusion; and
(xii) initiatives that address other areas of emerging need.
(Pub. L. 106–402, title I, § 161, Oct. 30, 2000, 114 Stat. 1725.)
42 U.S.C. § 15082 (THE PUBLIC HEALTH AND WELFARE)
§ 15082. Grant authority
(a) In general
The Secretary shall award grants, contracts, or cooperative agreements to public or private nonprofit entities for projects of national significance relating to individuals with developmental disabilities to carry out activities described in section 15081(2) of this title.
(b) Federal interagency initiatives
(1) In general
(A) Authority
The Secretary may—
(i) enter into agreements with Federal agencies to jointly carry out activities described in section 15081(2) of this title or to jointly carry out activities of common interest related to the objectives of such section; and
(ii) transfer to such agencies for such purposes funds appropriated under this part, and receive and use funds from such agencies for such purposes.
(B) Relation to program purposes
Funds transferred or received pursuant to this paragraph shall be used only in accordance with statutes authorizing the appropriation of such funds. Such funds shall be made available through grants, contracts, or cooperative agreements only to recipients eligible to receive such funds under such statutes.
(C) Procedures and criteria
If the Secretary enters into an agreement under this subsection for the administration of a jointly funded project—
(i) the agreement shall specify which agency’s procedures shall be used to award grants, contracts, or cooperative agreements and to administer such awards;
(ii) the participating agencies may develop a single set of criteria for the jointly funded project, and may require applicants to submit a single application for joint review by such agencies; and
(iii) unless the heads of the participating agencies develop joint eligibility requirements, an applicant for an award for the project shall meet the eligibility requirements of each program involved.
(2) Limitation
The Secretary may not construe the provisions of this subsection to take precedence over a limitation on joint funding contained in an applicable statute.
(Pub. L. 106–402, title I, § 162, Oct. 30, 2000, 114 Stat. 1727.)
42 U.S.C. § 15083 (THE PUBLIC HEALTH AND WELFARE)
§ 15083. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out the projects specified in this section $16,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2007.
(b) Use of funds
(1) Grants, contracts, and agreements
Except as provided in paragraph (2), the amount appropriated under subsection (a) of this section for each fiscal year shall be used to award grants, or enter into contracts, cooperative agreements, or other agreements, under section 15082 of this title.
(2) Administrative costs
Not more than 1 percent of the amount appropriated under subsection (a) of this section for each fiscal year may be used to provide for the administrative costs (other than compensation of Federal employees) of the Administration on Developmental Disabilities for administering this part and parts B, C, and D of this subchapter, including monitoring the performance of and providing technical assistance to, entities that receive funds under this subchapter.
(c) Technical assistance for Councils and Centers
(1) In general
For each covered year, the Secretary shall expend, to provide technical assistance for entities funded under part B or D of this subchapter, an amount from funds appropriated under subsection (a) of this section that is not less than the amount the Secretary expended on technical assistance for entities funded under that part (or a corresponding provision) in the previous fiscal year.
(2) Covered year
In this subsection, the term “covered year” means—
(A) in the case of an expenditure for entities funded under part B of this subchapter, a fiscal year for which the amount appropriated under section 15029(a) of this title is less than $76,000,000; and
(B) in the case of an expenditure for entities funded under part D of this subchapter, a fiscal year prior to the first fiscal year for which the amount appropriated under section 15066(a)(1) of this title is not less than $20,000,000.
(3) References
References in this subsection to part D of this subchapter shall not be considered to include section 15063(c)(4) of this title.
(d) Technical assistance on electronic information sharing
In addition to any funds reserved under subsection (c) of this section, the Secretary shall reserve $100,000 from the amount appropriated under subsection (a) of this section for each fiscal year to carry out section 15063(c)(4) of this title.
(e) Limitation
For any fiscal year for which the amount appropriated under subsection (a) of this section is not less than $10,000,000, not more than 50 percent of such amount shall be used for activities carried out under section 15081(2)(A) of this title.
(Pub. L. 106–402, title I, § 163, Oct. 30, 2000, 114 Stat. 1727.)
42 U.S.C. § 15092 (THE PUBLIC HEALTH AND WELFARE)
§ 15092. Definitions and special rule
(a) Definitions
In this subchapter:
(1) Child with a disability
The term “child with a disability” means an individual who—
(A) has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of disability; or
(B) is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child.
(2) Family
(A) In general
Subject to subparagraph (B), for purposes of the application of this subchapter in a State, the term “family” has the meaning given the term by the State.
(B) Exclusion of employees
The term does not include an employee who, acting in a paid employment capacity, provides services to a child with a disability in an out-of-home setting such as a hospital, nursing home, personal care home, board and care home, group home, or other facility.
(3) Family support for families of children with disabilities
The term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to—
(A) support families in the efforts of such families to raise their children with disabilities in the home;
(B) strengthen the role of the family as primary caregiver for such children;
(C) prevent involuntary out-of-the-home placement of such children and maintain family unity; and
(D) reunite families with children with disabilities who have been placed out of the home, whenever possible.
(4) Secretary
The term “Secretary” means the Secretary of Health and Human Services.
(5) State
The term “State” means each of the 50 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.
(6) Systems change activities
The term “systems change activities” means efforts that result in laws, regulations, policies, practices, or organizational structures—
(A) that are family-centered and family-directed;
(B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and
(C) that otherwise accomplish the purposes of this subchapter.
(b) Special rule
References in this subchapter to a child with a disability shall be considered to include references to an individual who is not younger than age 18 who—
(1) has a significant impairment described in subsection (a)(1)(A) of this section; and
(2) is residing with and receiving assistance from a family member.
(Pub. L. 106–402, title II, § 203, Oct. 30, 2000, 114 Stat. 1729.)
42 U.S.C. § 15093 (THE PUBLIC HEALTH AND WELFARE)
§ 15093. Grants to States
(a) In general
The Secretary shall make grants to States on a competitive basis, in accordance with the provisions of this subchapter, to support systems change activities designed to assist States to develop and implement, or expand and enhance, a statewide system of family support services for families of children with disabilities that accomplishes the purposes of this subchapter.
(b) Award period and grant limitation
No grant shall be awarded under this section for a period of more than 3 years. No State shall be eligible for more than 1 grant under this section.
(c) Amount of grants
(1) Grants to States
(A) Federal matching share
From amounts appropriated under section 15101(a) of this title, the Secretary shall pay to each State that has an application approved under section 15094 of this title, for each year of the grant period, an amount that is—
(i) equal to not more than 75 percent of the cost of the systems change activities to be carried out by the State; and
(ii) not less than $100,000 and not more than $500,000.
(B) Non-Federal share
The non-Federal share of the cost of the systems change activities may be in cash or in kind, fairly evaluated, including plant, equipment, or services.
(2) Calculation of amounts
The Secretary shall calculate a grant amount described in paragraph (1) on the basis of—
(A) the amounts available for making grants under this section; and
(B) the child population of the State concerned.
(d) Priority for previously participating States
For the second and third fiscal years for which amounts are appropriated to carry out this section, the Secretary, in providing payments under this section, shall give priority to States that received payments under this section during the preceding fiscal year.
(e) Priorities for distribution
To the extent practicable, the Secretary shall award grants to States under this section in a manner that—
(1) is geographically equitable;
(2) distributes the grants among States that have differing levels of development of statewide systems of family support services for families of children with disabilities; and
(3) distributes the grants among States that attempt to meet the needs of unserved and underserved populations, such as individuals from racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, and individuals from underserved geographic areas (rural or urban).
(Pub. L. 106–402, title II, § 204, Oct. 30, 2000, 114 Stat. 1730.)