§ 10804. Use of allotments

Footnotes

1. 1 So in original. The comma probably should not appear.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Protection and Advocacy for Mentally Ill Individuals Act of 1986

   Pub. L. 99–319 title I § 104 · 100 Stat. 478

   Enacted · 42 U.S.C. § 10804

   Pub. L. 99–319, title I, § 104, May 23, 1986, 100 Stat. 479

   Source evidence

   Code source credit
   Pub. L. 99–319, title I, § 104, May 23, 1986, 100 Stat. 479

   Enacted provision · exact public law section
   Sec. 104. use of allotments (a) (1) An eligible system may use its allotment under this Contracts. State and local governments. 42 USC 10804. title to enter into contracts with State agencies and nonprofit organizations which operate throughout the State. In order to be eligible for a contract under this paragraph— (A) such an agency shall be independent of any agency which provides treatment or services (other than advocacy services) to mentally ill individuals; and (B) such an agency or organization shall have the capacity to protect and advocate the rights of mentally ill individuals. (2) In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations which, on the date of enactment of this Act, provide protection or advocacy services to mentally ill individuals. (b) (1) If an eligible system is a public entity, the government of the State in which the system is located may not require the system to obligate more than 5 percent of its allotment under this title in any fiscal year for administrative expenses. (2) An eligible system may not use more than 5 percent of any allotment under this title for any fiscal year for the costs of providing technical assistance and training to carry out this title.

2. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 7(a) · 102 Stat. 2543

   Substituted · 42 U.S.C. § 10804(a)(2)

   Pub. L. 100–509, § 7(a), substituted “including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which” for “which, on May 23, 1986”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–509, § 7(a), substituted “including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which” for “which, on May 23, 1986”.

   Enacted provision · exact public law section
   (a) Subcontracting.— Section 104(a)(2) (42 U.S.C. 10804(a)(2)) is amended by striking out “which, on the date of enactment of this Act” and inserting in lieu thereof “including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which”.

3. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 7(b)(1) · 102 Stat. 2543

   Substituted · 42 U.S.C. § 10804(b)(2)

   Pub. L. 100–509, § 7(b)(1), substituted “10” for “5”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 100–509, § 7(b)(1), substituted “10” for “5”.

   Enacted provision · exact public law section
   (1) State assistance.— Section 104(b)(2) (42 U.S.C. 10804(b)(2)) is amended by striking out “5 percent” and inserting in lieu thereof “10 percent”.

4. 1991

   Pub. L. 102–173 § 10(2) · 105 Stat. 1217

   Substituted · 42 U.S.C. § 10804(a)

   Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places.

   Enacted provision · exact public law section
   (2) by striking out “mentally ill individuals” each place that such occurs and inserting in lieu thereof “individuals with mental illness”.

5. 1991

   Pub. L. 102–173 § 5 · 105 Stat. 1217

   Added · 42 U.S.C. § 10804(c)

   Pub. L. 102–173, § 5, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–173, § 5, added subsec. (c).

   Enacted provision · exact public law section
   SEC. 5. USE OF ALLOTMENTS. Section 104 (42 U.S.C. 10804) is amended by adding at the end thereof the following new subsection: “(c) An eligible system may use its allotment under this title to provide representation to individuals with mental illness in Federal facilities who request representation by the eligible system. Representatives of such individuals from such system shall be accorded all the rights and authority accorded to other representatives of residents of such facilities pursuant to State law and other Federal laws.”.

6. 2000

   Youth Drug and Mental Health Services Act

   Pub. L. 106–310 div. B title XXXII § 3206(c) · 114 Stat. 1101

   Added · 42 U.S.C. § 10804(d)

   Pub. L. 106–310 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–310 added subsec. (d).

   Enacted provision · exact public law section
   (c) Use of Allotments.— Section 104 of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10804) is amended by adding at the end the following: “(d) The definition of ‘individual with a mental illness’ contained in section 102(4)(B)(iii) shall apply, and thus an eligible system may use its allotment under this title to provide representation to such individuals, only if the total allotment under this title for any fiscal year is $30,000,000 or more, and in such case, an eligible system must give priority to representing persons with mental illness as defined in subparagraphs (A) and (B)(i) of section 102(4).”.

6 of 6 references resolved to an enrolled provision