Title 42 — The Public Health and Welfare
Part B · Chapter 114 — Protection and Advocacy for Individuals with Mental Illness
§ 10821. Applications
Statutory text
Submission for allotment; contents
No allotment may be made under this subchapter to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain—
assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;
assurances that such system will have a staff which is trained or being trained to provide advocacy services to individuals with mental illness and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members;
assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 10804(a) of this title, will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and
such other information as the Secretary may by regulation prescribe.
Satisfaction of requirements regarding trained staff
The assurance required under subsection (a)(2) regarding trained staff may be satisfied through the provision of training by individuals who have received or are receiving mental health services and family members of such individuals.
Duration of applications and assurances
Applications submitted under this section shall remain in effect for a 4-year period, and the assurances required under this section shall be for the same 4-year period.
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.
Protection and Advocacy for Mentally Ill Individuals Act of 1986
Pub. L. 99–319 title I § 111 · 100 Stat. 478
Enacted · 42 U.S.C. § 10821
Pub. L. 99–319, title I, § 111, May 23, 1986, 100 Stat. 482
Source evidence
Code source credit
Pub. L. 99–319, title I, § 111, May 23, 1986, 100 Stat. 482Enacted provision · exact public law section
Sec. 111. applications No allotment may be made under this title to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain— (1) assurances that amounts paid to such system from an allotment under this title will be used to supplement and not to supplant the level of non-Federal funds avaüable in the State in which such system is established to protect and advocate the rights of mentally ill individuals; (2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to mentally ill individuals; (3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 104(a), will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and (4) such other information as the Secretary may by regulation prescribe.Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988
Pub. L. 100–509 § 7(d) · 102 Stat. 2543
Amended · 42 U.S.C. § 10821
Pub. L. 100–509 designated existing provisions as subsec. (a)
Added · 42 U.S.C. § 10821
Pub. L. 100–509 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 100–509 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(d) Applications.— Section 111 (42 U.S.C. 10821) is amended— (1) by inserting “(a)” after the section designation; and (2) by adding at the end thereof the following new subsection: “(b) Applications submitted under this section shall remain in effect for a 3-year period, and the assurances required under this section shall be for the same 3-year period.”.Pub. L. 102–173 § 10(2) · 105 Stat. 1217
Substituted · 42 U.S.C. § 10821(a)(1)
Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”.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”.Pub. L. 102–173 · 105 Stat. 1217
Substituted · 42 U.S.C. § 10821(a)(2)
Pub. L. 102–173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals”
Inserted · 42 U.S.C. § 10821(a)(2)
Pub. L. 102–173, §§ 7(1), 10(2), inserted before semicolon at end “and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 102–173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” and inserted before semicolon at end “and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members”.Pub. L. 102–173 § 7(2) · 105 Stat. 1217
Added · 42 U.S.C. § 10821(b); 42 U.S.C. § 10821(c)
Pub. L. 102–173, § 7(2), (3) added subsec. (b)
Redesignated · 42 U.S.C. § 10821(b); 42 U.S.C. § 10821(c)
Pub. L. 102–173, § 7(2), (3) redesignated former subsec. (b) as (c)
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 102–173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c).Enacted provision · exact public law section
(2) by redesignating subsection (b) as subsection (c); andADAMHA Reorganization Act
Pub. L. 102–321 title I § 163(c)(3)(A) · 106 Stat. 323
Substituted · 42 U.S.C. § 10821(c)
Pub. L. 102–321 substituted “4-year” for “3-year” in two places
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–321 substituted “4-year” for “3-year” in two places.Enacted provision · exact public law section
(A) in section 111(c) (42 U.S.C. 10821(c)), by striking out “3-year” each place that such appears and inserting in lieu thereof “4-year”; andEffective date note
Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.
7 of 9 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1988–1992 · 3 rounds
1992
Subsec. (c). Pub. L. 102–321 substituted “4-year” for “3-year” in two places.
1991
Subsec. (a)(1). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”.
Subsec. (a)(2). Pub. L. 102–173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” and inserted before semicolon at end “and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members”.
Subsecs. (b), (c). Pub. L. 102–173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c).
1988
Pub. L. 100–509 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–321 effective , with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.
Credits
1986–1992 · 4 acts
- 1986Pub. L. 99–319, title I, § 111, , 100 Stat. 482
- 1988Pub. L. 100–509, § 7(d), , 102 Stat. 2545
- 1991Pub. L. 102–173, §§ 7, 10(2), , 105 Stat. 1218, 1219
- 1992Pub. L. 102–321, title I, § 163(c)(3)(A), , 106 Stat. 377.
Show as published
(Pub. L. 99–319, title I, § 111, , 100 Stat. 482; Pub. L. 100–509, § 7(d), , 102 Stat. 2545; Pub. L. 102–173, §§ 7, 10(2), , 105 Stat. 1218, 1219; Pub. L. 102–321, title I, § 163(c)(3)(A), , 106 Stat. 377.)