42 U.S.C. § 10804 — Use of allotments
submitted 40 years ago by Pub. L. 99-319 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 384 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
An eligible system* may use its allotment under this subchapter 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—
such an agency shall be independent of any agency which provides treatment* or services (other than advocacy services) to individuals with mental illness; and
such an agency or organization shall have the capacity to protect and advocate the rights of individuals with mental illness.
In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which,1 provide protection or advocacy services to individuals with mental illness.
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 subchapter in any fiscal year for administrative expenses.
An eligible system may not use more than 10 percent of any allotment under this subchapter for any fiscal year for the costs of providing technical assistance and training to carry out this subchapter.
An eligible system may use its allotment under this subchapter 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.
The definition of “individual with a mental illness” contained in section 10802(4)(B)(iii) 2 of this title shall apply, and thus an eligible system may use its allotment under this subchapter to provide representation to such individuals, only if the total allotment under this subchapter 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 10802(4) of this title.
Source credit: (Pub. L. 99–319, title I, § 104, May 23, 1986, 100 Stat. 479; Pub. L. 100–509, § 7(a), (b)(1), Oct. 20, 1988, 102 Stat. 2544; Pub. L. 102–173, §§ 5, 10(2), Nov. 27, 1991, 105 Stat. 1217, 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(c), Oct. 17, 2000, 114 Stat. 1194.)
- 1986Enacted · Pub. L. 99-319 · 100 Stat. 479
- 1988Amended · Pub. L. 100-509 · 102 Stat. 2544
- 1991Amended · Pub. L. 102-173 · 105 Stat. 1217, 1219
- 2000Amended · Pub. L. 106-310 · 114 Stat. 1194
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-319 on 1986-05-23.
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