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

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, 102 Stat. 2545; Pub. L. 102–173, §§ 7, 10(2), Nov. 27, 1991, 105 Stat. 1218, 1219; Pub. L. 102–321, title I, § 163(c)(3)(A), July 10, 1992, 106 Stat. 377.) Editorial Notes AMENDMENTS 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 in- dividuals’’. Subsec. (a)(2). Pub. L. 102–173, §§ 7(1), 10(2), substituted ‘‘individuals with mental illness’’ for ‘‘mentally ill in- dividuals’’ and inserted before semicolon at end ‘‘and to work with family members of clients served by the sys- tem where the individuals with mental illness are mi- nors, 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 sub- sec. (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 Oct. 1, 1992, with provision for programs providing financial assist- ance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title. § 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, the Secretary shall make allotments under section 10803 of this title from amounts appropriated under sec- tion 10827 of this title 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 Fed- erated 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 ap- propriate 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 sec- tion 10827 of this title for the fiscal year for which the allotment is being made to the amount appropriated under such section for fis- cal year 1995. (D) If the total amount appropriated for a fis- cal year is at least $25,000,000, the Secretary shall make an allotment in accordance with sub- paragraph (A) to the eligible system serving the American Indian consortium. (b)(1) To the extent that all the amounts ap- propriated under section 10827 of this title 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 noti- fied the Secretary that they do not intend to use the full amount of their allotment, the amount which is not so allotted shall be re- allotted among the remaining eligible systems. (2) The amount of an allotment to an eligible system for a fiscal year which the Secretary de- termines will not be required by the system dur- ing 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 Page 8089 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10824 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 re- allotment to an eligible system shall be made in proportion to the original allotment of such sys- tem for such fiscal year, but with such propor- tionate 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 reduc- tions shall be similarly reallotted among eligi- ble 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. (Pub. L. 99–319, title I, § 112, May 23, 1986, 100 Stat. 483; Pub. L. 100–509, § 7(e), Oct. 20, 1988, 102 Stat. 2545; Pub. L. 106–310, div. B, title XXXII, § 3206(d), (e), Oct. 17, 2000, 114 Stat. 1194, 1195.) Editorial Notes AMENDMENTS 2000—Subsec. (a)(1)(B). Pub. L. 106–310, § 3206(e)(1), substituted ‘‘Marshall Islands, the Federated States of Micronesia, the Republic of Palau’’ for ‘‘Trust Terri- tory of the Pacific Islands’’. Subsec. (a)(2). Pub. L. 106–310, § 3206(d), amended par. (2) generally. Prior to amendment, par. (2) specified minimum amounts of allotments to eligible systems of each State, the District of Columbia, the Common- wealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands based on whether the total amount appro- priated in a fiscal year was at least $13,000,000 or less than $13,000,000. Subsec. (a)(3). Pub. L. 106–310, § 3206(e)(2), struck out par. (3) which read as follows: ‘‘In any case in which the total amount appropriated under section 10827 of this title for a fiscal year exceeds the total amount appro- priated under such section, as in effect on October 19, 1988, for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29, the Secretary shall increase each of the allotments under clauses (i)(II) and (ii)(II) of subparagraph (A) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) by an amount which bears the same ratio to the amount of such min- imum allotment (including any increases in such min- imum allotment under this paragraph for prior fiscal years) as the amount which is equal to the difference between— ‘‘(A) the total amount appropriated under section 10827 of this title for the fiscal year for which the in- crease in minimum allotment is made, minus; ‘‘(B) the total amount appropriated under section 10827 of this title for the immediately preceding fiscal year, bears to the total amount appropriated under section 10827 of this title for such preceding fiscal year.’’ 1988—Subsec. (a)(2). Pub. L. 100–509, § 7(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Notwithstanding paragraph (1) and subject to the availability of appropriations under section 10827 of this title— ‘‘(A) the amount of the allotment of the eligible system of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico shall not be less than $125,000; and ‘‘(B) the amount of the allotment of the eligible system of Guam, American Samoa, the Common- wealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Is- lands shall not be less than $67,000.’’ Subsec. (a)(3). Pub. L. 100–509, § 7(e)(2), added par. (3). § 10823. Payments under allotments For each fiscal year, the Secretary shall make payments to each eligible system from its allot- ment under this subchapter. Any amount paid to an eligible system for a fiscal year and remain- ing unobligated at the end of such year shall re- main available to such system for the next fiscal year for the purposes for which it was made. (Pub. L. 99–319, title I, § 113, May 23, 1986, 100 Stat. 484.) § 10824. Reports by Secretary (a) The Secretary shall include in each report required under section 15005 of this title a sepa- rate statement which contains— (1) a description of the activities, accom- plishments, and expenditures of systems to protect and advocate the rights of individuals with mental illness supported with payments from allotments under this subchapter, includ- ing— (A) a specification of the total number of individuals with mental illness served by such systems; (B) a description of the types of activities undertaken by such systems; (C) a description of the types of facilities providing care or treatment with respect to which such activities are undertaken; (D) a description of the manner in which such activities are initiated; and (E) a description of the accomplishments resulting from such activities; (2) a description of— (A) systems to protect and advocate the rights of individuals with mental illness sup- ported with payments from allotments under this subchapter; (B) activities conducted by States to pro- tect and advocate such rights; (C) mechanisms established by residential facilities for individuals with mental illness to protect and advocate such rights; and (D) the coordination among such systems, activities, and mechanisms; (3) a specification of the number of systems established with allotments under this sub- chapter and of whether each such system was established by a public or nonprofit private entity; (4) recommendations for activities and serv- ices to improve the protection and advocacy of the rights of individuals with mental illness and a description of needs for such activities and services which have not been met by sys- tems established under this subchapter; and (5) using data from the existing required an- nual program progress reports submitted by each system funded under this subchapter, a detailed accounting for each such system of how funds are spent, disaggregated according to whether the funds were received from the Federal Government, the State government, a local government, or a private entity. (b) In preparing each statement required by subsection (a), the Secretary shall use and in-