Part E—Miscellaneous Programs
§300d–51. Residency training programs in emergency medicine
(a) In general
The Secretary may make grants to public and nonprofit private entities for the purpose of planning and developing approved residency training programs in emergency medicine.
(b) Identification and referral of domestic violence
The Secretary may make a grant under subsection (a) only if the applicant involved agrees that the training programs under subsection (a) will provide education and training in identifying and referring cases of domestic violence.
(c) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $400,000 for each of the fiscal years 2008 though 2012.
(July 1, 1944, ch. 373, title XII, §1251, as added
Editorial Notes
Amendments
2007—
§300d–52. State grants for projects regarding traumatic brain injury
(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 [
(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
(h) Definitions
For purposes of this section:
(1) The terms "American Indian consortium" and "State" have the meanings given to those terms in
(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.
(July 1, 1944, ch. 373, title XII, §1252, as added
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (e)(2)(A), is
Amendments
2018—Subsec. (a).
Subsecs. (e) to (j).
2014—Subsec. (a).
Subsec. (f)(1)(A)(i), (3)(E).
Subsec. (h).
Subsec. (j).
2010—Subsec. (f)(3)(E).
2008—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3)(A)(i), (iii), (iv).
Subsec. (c)(1).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1)(A)(ii).
Subsec. (h).
Subsec. (i).
Subsec. (j).
2007—
2000—
Subsec. (a).
Subsec. (b)(3)(A)(iv).
Subsec. (b)(3)(B).
Subsec. (c)(1).
Subsec. (c)(2).
Subsecs. (e), (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Statutory Notes and Related Subsidiaries
Definitions
For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by section 2 of
§300d–53. State grants for protection and advocacy services
(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 (
(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 (
(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 (
(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.
(July 1, 1944, ch. 373, title XII, §1253, as added
Editorial Notes
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsecs. (k) and (m)(1), (2), is
Amendments
2018—Subsec. (a).
Subsec. (l).
2014—Subsec. (a).
Subsecs. (c), (d)(1), (e)(1), (4), (g).
Subsec. (h).
Subsec. (i).
Subsec. (j)(1).
Subsec. (k).
Subsec. (l).
Subsec. (m)(1).
Subsec. (m)(2).
2008—Subsecs. (d), (e).
Subsec. (g).
Subsecs. (i) to (k).
Subsec. (l).
Subsec. (m).
1 So in original. Probably should be followed by "to".
§300d–54. Stop, Observe, Ask, and Respond to Health and Wellness Training Program
(a) In general
The Secretary shall establish a program to be known as the Stop, Observe, Ask, and Respond to Health and Wellness Training Program or the SOAR to Health and Wellness Training Program (in this section referred to as the "Program") to provide training to health care and social service providers on human trafficking in accordance with this section.
(b) Activities
(1) In general
The Program shall include the Stop, Observe, Ask, and Respond to Health and Wellness Training Program's activities existing on the day before December 31, 2018, and the authorized initiatives described in paragraph (2).
(2) Authorized initiatives
The authorized initiatives of the Program shall include—
(A) engaging stakeholders, including victims of human trafficking and Federal, State, local, and tribal partners, to develop a flexible training module—
(i) for supporting activities under subsection (c); and
(ii) that adapts to changing needs, settings, health care providers, and social service providers;
(B) providing technical assistance to grantees related to implementing activities described in subsection (c) and reporting on any best practices identified by the grantees;
(C) developing a reliable methodology for collecting data, and reporting such data, on the number of human trafficking victims identified and served by grantees in a manner that, at a minimum, prevents disclosure of individually identifiable information consistent with all applicable privacy laws and regulations; and
(D) integrating, as appropriate, the training described in paragraphs (1) through (4) of subsection (c) with training programs, in effect on December 31, 2018, for health care and social service providers for victims of intimate partner violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation.
(c) Grants
The Secretary may award grants to appropriate entities to train health care and social service providers to—
(1) identify potential human trafficking victims;
(2) implement best practices for working with law enforcement to report and facilitate communication with human trafficking victims, in accordance with all applicable Federal, State, local, and tribal laws, including legal confidentiality requirements for patients and health care and social service providers;
(3) implement best practices for referring such victims to appropriate health care, social, or victims service agencies or organizations; and
(4) provide such victims with coordinated, age-appropriate, culturally relevant, trauma-informed, patient-centered, and evidence-based care.
(d) Consideration in awarding grants
The Secretary, in making awards under this section, shall give consideration to—
(1) geography;
(2) the demographics of the population to be served;
(3) the predominant types of human trafficking cases involved; and
(4) health care and social service provider profiles.
(e) Data collection and reporting
(1) In general
The Secretary shall collect data and report on the following:
(A) The total number of entities that received a grant under this section.
(B) The total number and geographic distribution of health care and social service providers trained through the Program.
(2) Initial report
In addition to the data required to be collected under paragraph (1), for purposes of the initial report to be submitted under paragraph (3), the Secretary shall collect data on the total number of facilities and health care professional organizations that were operating under, and the total number of health care and social service providers trained through, the Stop, Observe, Ask, and Respond to Health and Wellness Training Program existing prior to the establishment of the Program under this section.
(3) Annual report
Not later than 1 year after December 31, 2018, and annually thereafter, the Secretary shall submit an annual report to Congress on the data collected under this subsection in a manner that, at a minimum, prevents the disclosure of individually identifiable information consistent with all applicable privacy laws and regulations.
(f) Sharing best practices
The Secretary shall make available, on the Internet website of the Department of Health and Human Services, a description of the best practices and procedures used by entities that receive a grant for carrying out activities under this section.
(g) Definition
In this section, the term "human trafficking" has the meaning given the term "severe forms of trafficking in persons" as defined in
(h) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $4,000,000 for each of fiscal years 2020 through 2024.
(July 1, 1944, ch. 373, title XII, §1254, as added
Editorial Notes
References in Text
This section, referred to in subsec. (h), was in the original "this Act", and was translated, to reflect the probable intent of Congress, as meaning