---
kind: "section"
citation: "42 U.S.C. § 300d–53"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300d–53"
heading: "State grants for protection and advocacy services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300d-53"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter X — Trauma Care"
  - "Part E — Miscellaneous Programs"
---

# §300d–53. State grants for protection and advocacy services

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the [Administrator](/usc/42/4005.md?p=1) for the Administration for Community Living, shall make grants to protection and advocacy systems for the purpose of enabling such systems to provide [services](/usc/42/201.md?p=a) to individuals with traumatic brain injury.
- (b) **Services provided—** [Services](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=c) at such time, in such form and manner, and accompanied by such information and assurances as the [Secretary](/usc/42/201.md?p=c) 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)](#l) to carry out this section is less than $2,700,000, the [Secretary](/usc/42/201.md?p=c) shall make grants from such amount to individual protection and advocacy systems within [States](/usc/42/201.md?p=f) to enable such systems to plan for, develop outreach strategies for, and carry out [services](/usc/42/201.md?p=a) authorized under this section for individuals with traumatic brain injury.
  - (2) **Amount—** The amount of each grant provided under [paragraph (1)](#d-1) shall be determined as set forth in paragraphs [(2)](#e-2) and [(3)](#e-3) of subsection (e).
- (e) **Appropriations of $2,700,000 or more—**
  - (1) **Population basis—** Except as provided in [paragraph (2)](#e-2), with respect to each fiscal year in which the amount appropriated under [subsection (l)](#l) to carry out this section is $2,700,000 or more, the [Secretary](/usc/42/201.md?p=c) shall make a grant to a protection and advocacy system within each [State](/usc/42/201.md?p=f).
  - (2) **Amount—** The amount of a grant provided to a system under [paragraph (1)](#e-1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved under [subsection (l)](#l) as the population of the [State](/usc/42/201.md?p=f) in which the grantee is located bears to the population of all [States](/usc/42/201.md?p=f).
  - (3) **Minimums—** Subject to the availability of appropriations, the amount of a grant[^1] a protection and advocacy system under [paragraph (1)](#e-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](/usc/42/17061.md?p=4), not be less than $20,000; and
    - (B) in the case of a protection and advocacy system in a [State](/usc/42/201.md?p=f) not described in [subparagraph (A)](#e-3-A), not be less than $50,000.
  - (4) **Inflation adjustment—** For each fiscal year in which the total amount appropriated under [subsection (l)](#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](/usc/42/201.md?p=c) shall increase each of the minimum grants amount described in subparagraphs [(A)](#e-3-A) and [(B)](#e-3-B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under [subsection (l)](#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](/usc/42/201.md?p=f) or the American Indian [consortium](/usc/42/17061.md?p=4) 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](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) concerning the [services](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=c) shall prepare and submit to the appropriate committees of Congress a report describing the [services](/usc/42/201.md?p=a) and activities carried out under this section during the period for which the report is being prepared.
- (i) **Data collection—** The [Secretary](/usc/42/201.md?p=c) shall facilitate agreements to coordinate the collection of data by [agencies](/usc/42/8262.md?p=1) within the Department of Health and Human [Services](/usc/42/201.md?p=a) regarding protection and advocacy [services](/usc/42/201.md?p=a).
- (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](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=a) under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](/usc/42/15041.md) 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](/usc/42/17061.md?p=4)” means a [consortium](/usc/42/17061.md?p=4) established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](/usc/42/15041.md) 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](/usc/42/15041.md) et seq.).
  - (3) **State—** The term “[State](/usc/42/201.md?p=f)”, unless otherwise specified, means the several [States](/usc/42/201.md?p=f) 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.

## Footnotes

[^1]: So in original. Probably should be followed by “to”.

## Source credit

(July 1, 1944, ch. 373, title XII, § 1253, as added Pub. L. 106–310, div. A, title XIII, § 1305, Oct. 17, 2000, 114 Stat. 1141; amended Pub. L. 110–206, § 6(b), Apr. 28, 2008, 122 Stat. 717; Pub. L. 113–196, § 4, Nov. 26, 2014, 128 Stat. 2053; Pub. L. 115–377, § 4, Dec. 21, 2018, 132 Stat. 5114.)

## Notes

### 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 Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables.

### Amendments

2018—Subsec. (a). Pub. L. 115–377, § 4(1), inserted “, acting through the Administrator for the Administration for Community Living,” after “The Secretary”.

Subsec. (l). Pub. L. 115–377, § 4(2), substituted “$4,000,000 for each of fiscal years 2020 through 2024” for “$3,100,000 for each of the fiscal years 2015 through 2019”.

2014—Subsec. (a). Pub. L. 113–196, § 4(1), struck out “, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the ‘Administrator’),” after “The Secretary”.

Subsecs. (c), (d)(1), (e)(1), (4), (g). Pub. L. 113–196, § 4(2), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (h). Pub. L. 113–196, § 4(2), (3), substituted “Reporting” for “Annual report” in heading; designated existing provisions as par. (1), inserted heading, and substituted “Secretary” for “Administrator”; and added par. (2).

Subsec. (i). Pub. L. 113–196, § 4(4), substituted “The Secretary shall facilitate agreements to coordinate the collection of data by agencies within the Department of Health and Human Services regarding” for “The Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities shall enter into an agreement to coordinate the collection of data by the Administrator and the Commissioner regarding”.

Subsec. (j)(1). Pub. L. 113–196, § 4(2), substituted “Secretary” for “Administrator”.

Subsec. (k). Pub. L. 113–196, § 4(5), substituted “subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)” for “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000”.

Subsec. (l). Pub. L. 113–196, § 4(6), substituted “$3,100,000 for each of the fiscal years 2015 through 2019” for “$5,000,000 for fiscal year 2001, and such sums as may be necessary for each the fiscal years 2009 through 2012”.

Subsec. (m)(1). Pub. L. 113–196, § 4(7)(A), substituted “subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)” for “part C of the Developmental Disabilities Assistance Bill of Rights Act (42 U.S.C. 6042 et seq.)”.

Subsec. (m)(2). Pub. L. 113–196, § 4(7)(B), substituted “subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.)” for “part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042 et seq.)”.

2008—Subsecs. (d), (e). Pub. L. 110–206, § 6(b)(1), substituted “subsection (l)” for “subsection (i)” wherever appearing.

Subsec. (g). Pub. L. 110–206, § 6(b)(2), inserted “each fiscal year not later than October 1,” before “the Administrator shall pay”.

Subsecs. (i) to (k). Pub. L. 110–206, § 6(b)(4), added subsecs. (i) to (k). Former subsecs. (i) and (j) redesignated (l) and (m), respectively.

Subsec. (l). Pub. L. 110–206, § 6(b)(3), (5), redesignated subsec. (i) as (l) and substituted “2009 through 2012” for “2002 through 2005”.

Subsec. (m). Pub. L. 110–206, § 6(b)(3), redesignated subsec. (j) as (m).