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42 U.S.C. § 10822 — Allotment formula and reallotments
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-42/section-10822-allotment-formula-and-reallotments--ecea02ed3a.md
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Source location: Title 42, Chapter 114, § 10822; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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**(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 Islands, is $139,300; and
(ii) for any other State, is $260,000.
(C) The factor specified in this subparagraph is the ratio of the amount appropriated under [section 10827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10827&num=0&edition=prelim) for the fiscal year for which the allotment is being made to the amount appropriated under such section for fiscal year 1995.
(D) If the total amount appropriated for a fiscal year is at least $25,000,000, the Secretary shall make an allotment in accordance with subparagraph (A) to the eligible system serving the American Indian consortium.
**(b)**
(1) To the extent that all 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) for a fiscal year are not allotted to eligible systems because—
(A) one or more eligible systems have not submitted an application for an allotment for such fiscal year; or
(B) one or more eligible systems have notified the Secretary that they do not intend to use the full amount of their allotment,
the amount which is not so allotted shall be reallotted among the remaining eligible systems.
(2) The amount of an allotment to an eligible system for a fiscal year which the Secretary determines will not be required by the system during the period for which it is available shall be available for reallotment by the Secretary to other eligible systems with respect to which such a determination has not been made.
(3) The Secretary shall make reallotments under paragraphs (1) and (2) on such date or dates as the Secretary may fix (but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make such reallotment in the Federal Register). A reallotment to an eligible system shall be made in proportion to the original allotment of such system for such fiscal year, but with such proportionate amount for such system being reduced to the extent it exceeds the sum the Secretary estimates such system needs and will be able to use during such period. The total of such reductions shall be similarly reallotted among eligible systems whose proportionate amounts were not so reduced. Any amount so reallotted to an eligible system for a fiscal year shall be deemed to be a part of its allotment under subsection (a) for such fiscal year.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall make allotments under this subchapter to eligible systems to establish and administer systems—
(1) which meet the requirements of [section 10805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805&num=0&edition=prelim); and
(2) which are designed to—
(A) protect and advocate the rights of individuals with mental illness; 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10803
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10827
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Federal law — U.S. Code and appendices · legal_authorities
Page 8088
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10822
tablished to protect and advocate the rights of
individuals with mental illness;
(2) assurances that such system will have a
staff which is trained or being trained to pro-
vide advocacy services to individuals with
mental illness and to work with family mem-
bers of clients served by the system where the
individuals with mental illness are minors, le-
gally competent and do not object, and legally
incompetent and the legal guardians, con-
servators, or other legal representatives are
family members;
(3) 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 dupli-
cative of actions taken on behalf of such indi-
vidual by such guardian, conservator, or rep-
resentative unless such guardian, conservator,
or representative requests the assistance of
such system; and
(4) such other information as the Secretary
may by regulation prescribe.
(b)
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 individ-
uals.
(c) 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.
(Pub. L. 99–319, title I, § 111, May 23, 1986, 100
Stat. 482; Pub. L. 100–509, § 7(d), Oct. 20, 1988,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10822
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.