---
kind: "section"
citation: "42 U.S.C. § 300ii–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ii–1"
heading: "Lifespan respite care grants and cooperative agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ii-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVII — Lifespan Respite Care"
---

# §300ii–1. Lifespan respite care grants and cooperative agreements

- (a) **Purposes—** The purposes of this section are—
  - (1) to expand and enhance [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) to [family caregivers](/usc/42/300ii.md?p=5);
  - (2) to improve the statewide dissemination and coordination of [respite care](/usc/42/300ii.md?p=7); and
  - (3) to provide, supplement, or improve access and quality of [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) to [family caregivers](/usc/42/300ii.md?p=5), thereby reducing [family caregiver](/usc/42/300ii.md?p=5) strain.
- (b) **Authorization—** Subject to [subsection (e)](#e), the [Secretary](/usc/42/201.md?p=c) is authorized to award grants or cooperative agreements for the purposes described in [subsection (a)](#a) to [eligible State agencies](/usc/42/300ii.md?p=4) for which an application is submitted pursuant to [subsection (d)](#d).
- (c) **Federal lifespan approach—** In carrying out this section, the [Secretary](/usc/42/201.md?p=c) shall work in cooperation with the National [Family Caregiver](/usc/42/300ii.md?p=5) Support [Program](/usc/42/274l–1.md?p=4) of the Administration on Aging and other [respite care](/usc/42/300ii.md?p=7) [programs](/usc/42/274l–1.md?p=4) within the Department of Health and Human [Services](/usc/42/201.md?p=a) to ensure coordination of [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) for [family caregivers](/usc/42/300ii.md?p=5) of children and adults with special needs.
- (d) **Application—**
  - (1) **Submission—** Each Governor desiring the [eligible State agency](/usc/42/300ii.md?p=4) of his or her [State](/usc/42/300ii.md?p=8) to receive a grant or cooperative agreement under this section shall submit an application on behalf of such [agency](/usc/42/8262.md?p=1) to the [Secretary](/usc/42/201.md?p=c) at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) shall require.
  - (2) **Contents—** Each application submitted under this section shall include—
    - (A) a description of the [eligible State agency](/usc/42/300ii.md?p=4)’s—
      - (i) ability to work with other [State](/usc/42/300ii.md?p=8) and community-based [agencies](/usc/42/8262.md?p=1);
      - (ii) understanding of [respite care](/usc/42/300ii.md?p=7) and [family caregiver](/usc/42/300ii.md?p=5) issues across all age groups, disabilities, and chronic conditions; and
      - (iii) capacity to ensure meaningful involvement of [family members](/usc/42/300gg–91.md?p=d-15), [family caregivers](/usc/42/300ii.md?p=5), and care recipients;
    - (B) with respect to the population of [family caregivers](/usc/42/300ii.md?p=5) to whom [respite care](/usc/42/300ii.md?p=7) information or [services](/usc/42/201.md?p=a) will be provided or for whom [respite care](/usc/42/300ii.md?p=7) workers and volunteers will be recruited and trained, a description of—
      - (i) the population of [family caregivers](/usc/42/300ii.md?p=5);
      - (ii) the extent and nature of the [respite care](/usc/42/300ii.md?p=7) needs of that population;
      - (iii) existing [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) for that population, including numbers of [family caregivers](/usc/42/300ii.md?p=5) being served and extent of unmet need;
      - (iv) existing methods or systems to coordinate [respite care](/usc/42/300ii.md?p=7) information and [services](/usc/42/201.md?p=a) to the population at the [State](/usc/42/300ii.md?p=8) and local level and extent of unmet need;
      - (v) how [respite care](/usc/42/300ii.md?p=7) information dissemination and coordination, [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a), [respite care](/usc/42/300ii.md?p=7) worker and volunteer recruitment and training [programs](/usc/42/274l–1.md?p=4), or training [programs](/usc/42/274l–1.md?p=4) for [family caregivers](/usc/42/300ii.md?p=5) that assist such [family caregivers](/usc/42/300ii.md?p=5) in making informed decisions about [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) will be provided using grant or cooperative agreement funds;
      - (vi) a plan for administration, collaboration, and coordination of the proposed [respite care](/usc/42/300ii.md?p=7) activities with other related [services](/usc/42/201.md?p=a) or [programs](/usc/42/274l–1.md?p=4) offered by public or private, [nonprofit](/usc/42/300s–3.md?p=3) entities, including area [agencies](/usc/42/8262.md?p=1) on aging;
      - (vii) how the population, including [family caregivers](/usc/42/300ii.md?p=5), care recipients, and relevant public or private [agencies](/usc/42/8262.md?p=1), will participate in the planning and implementation of the proposed [respite care](/usc/42/300ii.md?p=7) activities;
      - (viii) how the proposed [respite care](/usc/42/300ii.md?p=7) activities will make use, to the maximum extent feasible, of other Federal, [State](/usc/42/300ii.md?p=8), and local funds, [programs](/usc/42/274l–1.md?p=4), contributions, other forms of reimbursements, personnel, and facilities;
      - (ix) [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) available to [family caregivers](/usc/42/300ii.md?p=5) in the [eligible State agency](/usc/42/300ii.md?p=4)’s [State](/usc/42/300ii.md?p=8) or locality, including unmet needs and how the [eligible State agency](/usc/42/300ii.md?p=4)’s plan for use of funds will improve the coordination and distribution of [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) for [family caregivers](/usc/42/300ii.md?p=5) of children and adults with special needs;
      - (x) the criteria used to identify [family caregivers](/usc/42/300ii.md?p=5) eligible for [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a);
      - (xi) how the quality and safety of any [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) provided will be monitored, including methods to ensure that [respite care](/usc/42/300ii.md?p=7) workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the [family caregiver](/usc/42/300ii.md?p=5); and
      - (xii) the results expected from proposed [respite care](/usc/42/300ii.md?p=7) activities and the procedures to be used for evaluating those results;
    - (C) assurances that, where appropriate, the [eligible State agency](/usc/42/300ii.md?p=4) will have a system for maintaining the confidentiality of care recipient and [family caregiver](/usc/42/300ii.md?p=5) records; and
    - (D) a memorandum of agreement regarding the joint responsibility for the [eligible State agency](/usc/42/300ii.md?p=4)’s lifespan respite [program](/usc/42/274l–1.md?p=4) between—
      - (i) the [eligible State agency](/usc/42/300ii.md?p=4); and
      - (ii) a public or private [nonprofit](/usc/42/300s–3.md?p=3) statewide respite coalition or organization.
- (e) **Priority; considerations—** When awarding grants or cooperative agreements under this section, the [Secretary](/usc/42/201.md?p=c) shall—
  - (1) give priority to [eligible State agencies](/usc/42/300ii.md?p=4) that the [Secretary](/usc/42/201.md?p=c) determines show the greatest likelihood of implementing or enhancing [lifespan respite care](/usc/42/300ii.md?p=6) statewide; and
  - (2) give consideration to [eligible State agencies](/usc/42/300ii.md?p=4) that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including [respite care](/usc/42/300ii.md?p=7) needs, of their residents.
- (f) **Use of grant or cooperative agreement funds—**
  - (1) **In general—**
    - (A) **Required uses of funds—** Each [eligible State agency](/usc/42/300ii.md?p=4) awarded a grant or cooperative agreement under this section shall use all or part of the funds—
      - (i) to develop or enhance [lifespan respite care](/usc/42/300ii.md?p=6) at the [State](/usc/42/300ii.md?p=8) and local levels;
      - (ii) to provide [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a) for [family caregivers](/usc/42/300ii.md?p=5) caring for children or adults;
      - (iii) to train and recruit [respite care](/usc/42/300ii.md?p=7) workers and volunteers;
      - (iv) to provide information to caregivers about available respite and support [services](/usc/42/201.md?p=a); and
      - (v) to assist caregivers in gaining access to such [services](/usc/42/201.md?p=a).
    - (B) **Optional uses of funds—** Each [eligible State agency](/usc/42/300ii.md?p=4) awarded a grant or cooperative agreement under this section may use part of the funds for—
      - (i) training [programs](/usc/42/274l–1.md?p=4) for [family caregivers](/usc/42/300ii.md?p=5) to assist such [family caregivers](/usc/42/300ii.md?p=5) in making informed decisions about [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a);
      - (ii) other [services](/usc/42/201.md?p=a) essential to the provision of [respite care](/usc/42/300ii.md?p=7) as the [Secretary](/usc/42/201.md?p=c) may specify; or
      - (iii) training and education for new caregivers.
  - (2) **Subcontracts—** Each [eligible State agency](/usc/42/300ii.md?p=4) awarded a grant or cooperative agreement under this section may carry out the activities described in [paragraph (1)](#f-1) directly or by grant to, or contract with, public or private entities.
  - (3) **Matching funds—**
    - (A) **In general—** With respect to the costs of the activities to be carried out under [paragraph (1)](#f-1), a condition for the receipt of a grant or cooperative agreement under this section is that the [eligible State agency](/usc/42/300ii.md?p=4) agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs.
    - (B) **Determination of amount contributed—** Non-Federal contributions required by [subparagraph (A)](#f-3-A) may be in cash or in kind, fairly evaluated, including plant, equipment, or [services](/usc/42/201.md?p=a). Amounts provided by the Federal Government, or [services](/usc/42/201.md?p=a) assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
- (g) **Term of grants or cooperative agreements—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall award grants or cooperative agreements under this section for terms that do not exceed 5 years.
  - (2) **Renewal—** The [Secretary](/usc/42/201.md?p=c) may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under [paragraph (1)](#g-1).
- (h) **Maintenance of effort—** Funds made available under this section shall be used to supplement and not supplant other Federal, [State](/usc/42/300ii.md?p=8), and local funds available for [respite care](/usc/42/300ii.md?p=7) [services](/usc/42/201.md?p=a).

## Source credit

(July 1, 1944, ch. 373, title XXIX, § 2902, as added Pub. L. 109–442, § 2, Dec. 21, 2006, 120 Stat. 3292.)