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42 U.S.C. § 10827 — Authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10827 — Authorization of appropriations

There are authorized to be appropriated for allotments under this subchapter, $19,500,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2003.

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Source file: Laws/federal/codes/united-states-code/title-42/section-10827-authorization-of-appropriations--ae44abe7c5.md
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Source location: Title 42, Chapter 114, § 10827; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md

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There are authorized to be appropriated for allotments under this subchapter, $19,500,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2003.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10801 — Congressional findings and statement of purpose

**(a)** The Congress finds that— (1) individuals with mental illness are vulnerable to abuse and serious injury; (2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators, or other legal representatives are members of the family; (3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and (4) State systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate. **(b)** The purposes of this chapter are— (1) to ensure that the rights of individuals with mental illness are protected; and (2) to assist States to establish and operate a protection and advocacy system for individuals with mental illness which will— (A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and (B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10822 — Allotment formula and reallotments

**(a)** (1) (A) Except as provided in paragraph (2) and subject to the availability of appropriations under [section 10827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10827&num=0&edition=prelim), the Secretary shall make allotments under [section 10803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10803&num=0&edition=prelim) from amounts appropriated under [section 10827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10827&num=0&edition=prelim) for a fiscal year to eligible systems on the basis of a formula prescribed by the Secretary which is based equally— (i) on the population of each State in which there is an eligible system; and (ii) on the population of each such State weighted by its relative per capita income. (B) For purposes of subparagraph (A)(ii), the term “relative per capita income” means the quotient of the per capita income of the United States and the per capita income of the State, except that if the State is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, or the Virgin Islands, the quotient shall be considered to be one. (2) (A) The minimum amount of the allotment of an eligible system shall be the product (rounded to the nearest $100) of the appropriate base amount determined under subparagraph (B) and the factor specified in subparagraph (C). (B) For purposes of subparagraph (A), the appropriate base amount— (i) for American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Is

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10825 — Technical assistance

The Secretary shall use not more than 2 percent of the amounts appropriated under [section 10827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10827&num=0&edition=prelim) to provide technical assistance to eligible systems with respect to activities carried out under this subchapter, consistent with requests by such systems for such assistance.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10827 — Authorization of appropriations

Page 8090 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10825 clude information submitted to the Secretary in the reports required under section 10805(a)(7) of this title. (Pub. L. 99–319, title I, § 114, May 23, 1986, 100 Stat. 484; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–402, title IV, § 401(b)(13)(B), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 114–255, div. B, title VI, § 6022(b), Dec. 13, 2016, 130 Stat. 1216.) Editorial Notes AMENDMENTS 2016—Subsec. (a)(5). Pub. L. 114–255 added par. (5). 2000—Subsec. (a). Pub. L. 106–402 substituted ‘‘section 15005 of this title’’ for ‘‘section 6006(c) of this title’’ in introductory provisions. 1991—Subsec. (a). Pub. L. 102–173 substituted ‘‘individ- uals with mental illness’’ for ‘‘mentally ill individuals’’ wherever appearing. § 10825. Technical assistance The Secretary shall use not more than 2 per- cent of the amounts appropriated under section 10827 of this title to provide technical assistance to eligible systems with respect to activities carried out under this subchapter, consistent with requests by such systems for such assist- ance. (Pub. L. 99–319, title I, § 115, May 23, 1986, 100 Stat. 484; Pub. L. 100–509, § 7(b)(2), Oct. 20, 1988, 102 Stat. 2545.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–509 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary shall provide technical assistance to eligible systems with respect to activities carried out under this sub- chapter.’’ § 10826. Administration (a) In general The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administra- tion. (b) Regulations Not later than 6 months after November 27, 1991, the Secretary shall pr

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