dreamproit/uscode huggingface dataset:
42 U.S.C. § 15005 (THE PUBLIC HEALTH AND WELFARE)
§ 15005. Reports of the Secretary
At least once every 2 years, the Secretary, using information submitted in the reports and information required under parts B, C, D, and E, shall prepare and submit to the President, Congress, and the National Council on Disability, a report that describes the goals and outcomes of programs supported under parts B, C, D, and E. In preparing the report, the Secretary shall provide—
(1) meaningful examples of how the councils, protection and advocacy systems, centers, and entities funded under parts B, C, D, and E, respectively—
(A) have undertaken coordinated activities with each other;
(B) have enhanced the ability of individuals with developmental disabilities and their families to participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life;
(C) have brought about advocacy, capacity building, and systemic change activities (including policy reform), and other actions on behalf of individuals with developmental disabilities and their families, including individuals who are traditionally unserved or underserved, particularly individuals who are members of ethnic and racial minority groups and individuals from underserved geographic areas; and
(D) have brought about advocacy, capacity building, and systemic change activities that affect individuals with disabilities other than individuals with developmental disabilities;
(2) information on the extent to which programs authorized under this subchapter have addressed—
(A) protecting individuals with developmental disabilities from abuse, neglect, sexual and financial exploitation, and violations of legal and human rights, so that those individuals are at no greater risk of harm than other persons in the general population; and
(B) reports of deaths of and serious injuries to individuals with developmental disabilities; and
(3) a summary of any incidents of noncompliance of the programs authorized under this subchapter with the provisions of this subchapter, and corrections made or actions taken to obtain compliance.
(Pub. L. 106–402, title I, § 105, Oct. 30, 2000, 114 Stat. 1690.)
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), 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) 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) 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) 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. § 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), shall award and distribute grant funds in equal amounts of $500,000 (adjusted in accordance with subsection (b)), 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).
(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) received a grant award of not less than $500,000 under subsection (a) (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).
(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) receives a grant award of not less than $500,000, under subsection (a) (adjusted in accordance with subsection (b)), 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) receives a grant award of not less than $500,000 under subsection (a) (adjusted in accordance with subsection (b)), 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. § 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); 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, 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. § 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) 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) 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, 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, an amount from funds appropriated under subsection (a) 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, 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, 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 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), the Secretary shall reserve $100,000 from the amount appropriated under subsection (a) 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) 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); 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. § 15099 (THE PUBLIC HEALTH AND WELFARE)
§ 15099. Evaluation
(a) In general
The Secretary shall conduct a national evaluation of the program of grants to States authorized by this subchapter.
(b) Purpose
(1) In general
The Secretary shall conduct the evaluation under subsection (a) to assess the status and effects of State efforts to develop and implement, or expand and enhance, statewide systems of family support services for families of children with disabilities in a manner consistent with the provisions of this subchapter. In particular, the Secretary shall assess the impact of such efforts on families of children with disabilities, and recommend amendments to this subchapter that are necessary to assist States to accomplish fully the purposes of this subchapter.
(2) Information systems
The Secretary shall work with the States to develop an information system designed to compile and report, from information provided by the States, qualitative and quantitative descriptions of the impact of the program of grants to States authorized by this subchapter on—
(A) families of children with disabilities, including families from unserved and underserved populations;
(B) access to and funding for family support services for families of children with disabilities;
(C) interagency coordination and collaboration between agencies responsible for providing the services; and
(D) the involvement of families of children with disabilities at all levels of the statewide systems.
(c) Report to Congress
Not later than 2½ years after October 30, 2000, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under this section.
(Pub. L. 106–402, title II, § 210, Oct. 30, 2000, 114 Stat. 1733.)
42 U.S.C. § 15101 (THE PUBLIC HEALTH AND WELFARE)
§ 15101. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subchapter such sums as may be necessary for each of fiscal years 2001 through 2007.
(b) Reservation
(1) In general
The Secretary shall reserve for each fiscal year 10 percent, or $400,000 (whichever is greater), of the amount appropriated pursuant to subsection (a) to carry out—
(A) section 15098 of this title (relating to the provision of technical assistance and information to States); and
(B) section 15099 of this title (relating to the conduct of evaluations).
(2) Special rule
For each year that the amount appropriated pursuant to subsection (a) is $10,000,000 or greater, the Secretary may reserve 5 percent of such amount to carry out section 15100 of this title.
(Pub. L. 106–402, title II, § 212, Oct. 30, 2000, 114 Stat. 1734.)
42 U.S.C. § 15973 (THE PUBLIC HEALTH AND WELFARE)
§ 15973. Western integrated coal gasification demonstration project
(a) In general
Subject to the availability of appropriations, the Secretary shall carry out a project to demonstrate production of energy from coal mined in the western United States using integrated gasification combined cycle technology (referred to in this section as the “demonstration project”).
(b) Components
The demonstration project—
(1) may include repowering of existing facilities;
(2) shall be designed to demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb.; and
(3) shall be capable of removing and sequestering carbon dioxide emissions.
(c) All types of western coals
Notwithstanding the foregoing, and to the extent economically feasible, the demonstration project shall also be designed to demonstrate the ability to use a variety of types of coal (including subbituminous and bituminous coal with an energy content of up to 13,000 Btu/lb.) mined in the western United States.
(d) Location
The demonstration project shall be located in a western State at an altitude of greater than 4,000 feet above sea level.
(e) Cost sharing
The Federal share of the cost of the demonstration project shall be determined in accordance with section 16352 of this title.
(f) Loan guarantees
Notwithstanding subchapter XIII, the demonstration project shall not be eligible for Federal loan guarantees.
(Pub. L. 109–58, title IV, § 413, Aug. 8, 2005, 119 Stat. 755.)
heading: References in Text
text: Subchapter XIII, referred to in subsec. (f), was in the original “title XIV”, meaning title XIV of Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 1061, which enacted subchapter XIII of this chapter and section 13557 of this title. For complete classification of title XIV to the Code, see Tables.
42 U.S.C. § 16516 (THE PUBLIC HEALTH AND WELFARE)
§ 16516. Omitted
heading: Codification
text: Section, Pub. L. 109–58, title XVII, § 1705, as added Pub. L. 111–5, div. A, title IV, § 406(a), Feb. 17, 2009, 123 Stat. 145, which related to temporary program for rapid deployment of renewable energy and electric power transmission projects, was omitted from the Code due to expiration of authority to enter into guarantees under this section on Sept. 30, 2011.
42 U.S.C. § 17151 (THE PUBLIC HEALTH AND WELFARE)
§ 17151. Definitions
In this part:
(1) Eligible entity
The term “eligible entity” means—
(A) a State;
(B) an eligible unit of local government; and
(C) an Indian tribe.
(2) Eligible unit of local government
The term “eligible unit of local government” means—
(A) an eligible unit of local government-alternative 1; and
(B) an eligible unit of local government-alternative 2.
(3)
(A) Eligible unit of local government-alternative 1
The term “eligible unit of local government-alternative 1” means—
(i) a city with a population—
(I) of at least 35,000; or
(II) that causes the city to be 1 of the 10 highest-populated cities of the State in which the city is located; and
(ii) a county with a population—
(I) of at least 200,000; or
(II) that causes the county to be 1 of the 10 highest-populated counties of the State in which the county is located.
(B) Eligible unit of local government-alternative 2
The term “eligible unit of local government-alternative 2” means—
(i) a city with a population of at least 50,000; or
(ii) a county with a population of at least 200,000.
(4) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(5) Program
The term “program” means the Energy Efficiency and Conservation Block Grant Program established under section 17152(a) of this title.
(6) State
The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(Pub. L. 110–140, title V, § 541, Dec. 19, 2007, 121 Stat. 1667.)