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42 U.S.C. § 10801 — Congressional findings and statement of
Federal law — U.S. Code and appendices · legal_authorities
Page 8082
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10713
§ 10713. Authorization of appropriations
There are authorized to be appropriated to
carry out the purposes of this chapter, $7,000,000
for each of fiscal years 2005, 2006, 2007, and 2008.
Amounts appropriated for each such year are to
remain available until expended.
(Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat.
3346; Pub. L. 100–690, title VII, § 7321(a), Nov. 18,
1988, 102 Stat. 4466; Pub. L. 100–702, title VI, § 607,
Nov. 19, 1988, 102 Stat. 4654; Pub. L. 101–162, title
V, Nov. 21, 1989, 103 Stat. 1028; Pub. L. 102–572,
title VIII, § 801, Oct. 29, 1992, 106 Stat. 4515; Pub.
L. 108–372, § 2, Oct. 25, 2004, 118 Stat. 1754.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title II of Pub. L. 98–620, Nov. 8,
1984, 98 Stat. 3336, known as the State Justice Institute
Act of 1984, which is classified principally to this chap-
ter. For complete classification of title II to the Code,
see Short Title note set out under section 10701 of this
title and Tables.
AMENDMENTS
2004—Pub. L. 108–372 amended section generally, in-
serting section catchline and substituting provisions
authorizing appropriations for fiscal years 2005 to 2008
for provisions authorizing appropriations for fiscal
years 1993 to 1996.
1992—Pub. L. 102–572 amended section generally. Prior
to amendment, section authorized appropriations of
$15,000,000 for each of fiscal years 1989, 1990, 1991, and
1992.
1989—Pub. L. 101–162 repealed Pub. L. 100–702, § 607,
and revived Pub. L. 100–690, § 7321(a). See 1988 Amend-
ment notes below.
1988—Pub. L. 100–702, § 607, which amended section
generally, substituting appropriations authorization of
$15,000,000 fo
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Page 8082
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10713
§ 10713. Authorization of appropriations
There are authorized to be appropriated to
carry out the purposes of this chapter, $7,000,000
for each of fiscal years 2005, 2006, 2007, and 2008.
Amounts appropriated for each such year are to
remain available until expended.
(Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat.
3346; Pub. L. 100–690, title VII, § 7321(a), Nov. 18,
1988, 102 Stat. 4466; Pub. L. 100–702, title VI, § 607,
Nov. 19, 1988, 102 Stat. 4654; Pub. L. 101–162, title
V, Nov. 21, 1989, 103 Stat. 1028; Pub. L. 102–572,
title VIII, § 801, Oct. 29, 1992, 106 Stat. 4515; Pub.
L. 108–372, § 2, Oct. 25, 2004, 118 Stat. 1754.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title II of Pub. L. 98–620, Nov. 8,
1984, 98 Stat. 3336, known as the State Justice Institute
Act of 1984, which is classified principally to this chap-
ter. For complete classification of title II to the Code,
see Short Title note set out under section 10701 of this
title and Tables.
AMENDMENTS
2004—Pub. L. 108–372 amended section generally, in-
serting section catchline and substituting provisions
authorizing appropriations for fiscal years 2005 to 2008
for provisions authorizing appropriations for fiscal
years 1993 to 1996.
1992—Pub. L. 102–572 amended section generally. Prior
to amendment, section authorized appropriations of
$15,000,000 for each of fiscal years 1989, 1990, 1991, and
1992.
1989—Pub. L. 101–162 repealed Pub. L. 100–702, § 607,
and revived Pub. L. 100–690, § 7321(a). See 1988 Amend-
ment notes below.
1988—Pub. L. 100–702, § 607, which amended section
generally, substituting appropriations authorization of
$15,000,000 for fiscal years 1989 and 1990, such amounts
to remain available until expended for authorization of
$15,000,000 for fiscal years 1989, 1990, 1991, and 1992, was
repealed by Pub. L. 101–162, title V.
Pub. L. 100–690, § 7321(a), as revived by Pub. L. 101–162,
title V, amended section generally, substituting appro-
priations authorization of $15,000,000 for fiscal years
1989 through 1992 for authorization of $13,000,000 for fis-
cal year 1986 and $15,000,000 for fiscal years 1987 and
1988.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1985, see section 216 of Pub.
L. 98–620, set out as a note under section 10701 of this
title.
CHAPTER 114—PROTECTION AND ADVOCACY
FOR INDIVIDUALS WITH MENTAL ILLNESS
SUBCHAPTER I—PROTECTION AND ADVOCACY
SYSTEMS
PART A—ESTABLISHMENT OF SYSTEMS
Sec.
10801.
Congressional findings and statement of pur-
pose.
10802.
Definitions.
10803.
Allotments.
10804.
Use of allotments.
10805.
System requirements.
10806.
Access to records.
10807.
Legal actions.
PART B—ADMINISTRATIVE PROVISIONS
10821.
Applications.
Sec.
10822.
Allotment formula and reallotments.
10823.
Payments under allotments.
10824.
Reports by Secretary.
10825.
Technical assistance.
10826.
Administration.
10827.
Authorization of appropriations.
SUBCHAPTER II—RESTATEMENT OF BILL OF
RIGHTS FOR MENTAL HEALTH PATIENTS
10841.
Restatement of bill of rights.
SUBCHAPTER III—CONSTRUCTION
10851.
Construction of subchapters I and II; ‘‘indi-
vidual with mental illness’’ defined.
SUBCHAPTER I—PROTECTION AND
ADVOCACY SYSTEMS
PART A—ESTABLISHMENT OF SYSTEMS
§ 10801. Congressional findings and statement of
purpose
(a) The Congress finds that—
(1) individuals with mental illness are vul-
nerable to abuse and serious injury;
(2) family members of individuals with men-
tal illness play a crucial role in being advo-
cates 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 indi-
viduals are legally incompetent and the legal
guardians, conservators, or other legal rep-
resentatives are members of the family;
(3) individuals with mental illness are sub-
ject 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 individ-
uals 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 ne-
glect 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.
(Pub. L. 99–319, title I, § 101, May 23, 1986, 100
Stat. 478; Pub. L. 102–173, §§ 3, 10(2), Nov. 27, 1991,
105 Stat. 1217, 1219.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 99–319, May 23,
1986, 100 Stat. 478, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note below and Tables.
AMENDMENTS
1991—Subsec. (a). Pub. L. 102–173, § 10(2), substituted
‘‘individuals with mental illness’’ for ‘‘mentally ill in-
dividuals’’ in three places.
Page 8083
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10802
1 So in original. Probably should be ‘‘an’’.
2 So in original.
3 See References in Text note below.
Subsec. (a)(2) to (4). Pub. L. 102–173, § 3, added par. (2)
and redesignated former pars. (2) and (3) as (3) and (4),
respectively.
Subsec. (b). Pub. L. 102–173, § 10(2), substituted ‘‘indi-
viduals with mental illness’’ for ‘‘mentally ill individ-
uals’’ in three places.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–173, § 1, Nov. 27, 1991, 105 Stat. 1217, pro-
vided that: ‘‘This Act [amending this section and sec-
tions 10802 to 10807, 10821, 10824, 10826, 10827, 10841, and
10851 of this title] may be cited as the ‘Protection and
Advocacy for Mentally Ill Individuals Amendments Act
of 1991’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–509, § 1, Oct. 20, 1988, 102 Stat. 2543, pro-
vided that: ‘‘This Act [amending sections 10802, 10804 to
10806, 10821, 10822, 10825, and 10827 of this title and en-
acting a provision set out as a note under section 10827
of this title] may be cited as the ‘Protection and Advo-
cacy for Mentally Ill Individuals Amendments Act of
1988’.’’
SHORT TITLE
Pub. L. 99–319, § 1, May 23, 1986, 100 Stat. 478, as
amended by Pub. L. 106–310, div. B, title XXXII,
§ 3206(a), Oct. 17, 2000, 114 Stat. 1193, provided that:
‘‘This Act [enacting this chapter and section 247a of
this title and enacting provisions set out as a note
below] may be cited as the ‘Protection and Advocacy
for Individuals with Mental Illness Act’.’’
SUPERSEDURE OF BALANCED BUDGET PROVISIONS
Pub. L. 99–319, title IV, § 402, May 23, 1986, 100 Stat.
490, provided that: ‘‘This Act [see Short Title note
above] shall not be construed as superseding any of the
balanced budget provisions set forth in section 3(7) of
the Congressional Budget and Impoundment Control
Act of 1974 [2 U.S.C. 622(7)].’’
§ 10802. Definitions
For purposes of this subchapter:
(1) The term ‘‘abuse’’ means any act or fail-
ure to act by an employee of a facility ren-
dering care or treatment which was per-
formed, or which was failed to be performed,
knowingly, recklessly, or intentionally, and
which caused, or may have caused, injury or
death to a 1 individual with mental illness, and
includes acts such as—
(A) the rape or sexual assault of a 1 indi-
vidual with mental illness;
(B) the striking of a 1 individual with men-
tal illness;
(C) the use of excessive force when placing
a 1 individual with mental illness in bodily
restraints; and
(D) the use of bodily or chemical restraints
on a 1 individual with mental illness which is
not in compliance with Federal and State
laws and regulations.
(2) The term ‘‘eligible system’’ means the
system established in a State to protect and
advocate the rights of persons with develop-
mental disabilities under subtitle C of the De-
velopmental Disabilities Assistance and Bill of
Rights Act of 2000 [42 U.S.C. 15041 et seq.].
(3) The term ‘‘facilities’’ may include, but
need not be limited to, hospitals, nursing
homes, community facilities for individuals
with mental illness, board and care homes,
homeless shelters, and jails and prisons.
(4) The term ‘‘individual with mental ill-
ness’’ means, except as provided in section
10804(d) of this title, an individual—
(A) who has a significant mental illness or
emotional impairment, as determined by a
mental health professional qualified under
the laws and regulations of the State; and
(B)(i)(I) who is an inpatient or resident in
a facility rendering care or treatment, even
if the whereabouts of such inpatient or resi-
dent are unknown;
(II) who is in the process of being admitted
to a facility rendering care or treatment, in-
cluding persons being transported to such a
facility; or’’; 2
(III) who is involuntarily confined in a mu-
nicipal detention facility for reasons other
than serving a sentence resulting from con-
viction for a criminal offense; or
(ii) who satisfies the requirements of sub-
paragraph (A) and lives in a community set-
ting, including their own home.
(5) The term ‘‘neglect’’ means a negligent
act or omission by any individual responsible
for providing services in a facility rendering
care or treatment which caused or may have
caused injury or death to a 1 individual with
mental illness or which placed a 1 individual
with mental illness at risk of injury or death,
and includes an act or omission such as the
failure to establish or carry out an appropriate
individual program plan or treatment plan for
a 1 individual with mental illness, the failure
to provide adequate nutrition, clothing, or
health care to a 1 individual with mental ill-
ness, or the failure to provide a safe environ-
ment for a 1 individual with mental illness, in-
cluding the failure to maintain adequate num-
bers of appropriately trained staff.
(6) The term ‘‘Secretary’’ means the Sec-
retary of Health and Human Services.
(7) The term ‘‘State’’ means each of the sev-
eral States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Is-
lands, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands.
(8) The term ‘‘American Indian consortium’’
means a consortium established under part C
of the Developmental Disabilities Assistance
and Bill of Rights Act 3 (42 U.S.C. 6042 et seq.).
(Pub. L. 99–319, title I, § 102, May 23, 1986, 100
Stat. 478; Pub. L. 100–509, § 3, Oct. 20, 1988, 102
Stat. 2543; Pub. L. 102–173, §§ 4, 10(1), Nov. 27,
1991, 105 Stat. 1217, 1219; Pub. L. 106–310, div. B,
title XXXII, § 3206(b), Oct. 17, 2000, 114 Stat. 1194;
Pub. L. 106–402, title IV, § 401(b)(13)(A), Oct. 30,
2000, 114 Stat. 1739.)
Editorial Notes
REFERENCES IN TEXT
The Developmental Disabilities Assistance and Bill of
Rights Act of 2000, referred to in par. (2), is Pub. L.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Effect on other laws** This subchapter shall supersede, modify, or repeal any provision of law enacted prior to November 5, 1990, to the extent such provision is inconsistent with this subchapter. Nothing in this subchapter shall be construed to establish a credit limitation on any Federal loan or loan guarantee program.
**(b) Crediting of collections** Collections resulting from direct loans obligated or loan guarantees committed prior to October 1, 1991, shall be credited to the liquidating accounts of Federal agencies. Amounts so credited shall be available, to the same extent that they were available prior to November 5, 1990, to liquidate obligations arising from such direct loans obligated or loan guarantees committed prior to October 1, 1991, including repayment of any obligations held by the Secretary of the Treasury or the Federal Financing Bank. The unobligated balances of such accounts that are in excess of current needs shall be transferred to the general fund of the Treasury. Such transfers shall be made from time to time but, at least once each year.
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Federal law — U.S. Code and appendices · legal_authorities
Page 174
TITLE 2—THE CONGRESS
§ 622
record, or information made available under this sub-
section and determined by the Director to be con-
fidential under paragraph (1).
‘‘(f) REQUIREMENT TO REPORT LEGISLATION.—(1) The
committees of jurisdiction in the House shall prepare
and report to the House no later than September 15,
1991, legislation to ensure the financial soundness of
GSEs and to minimize the possibility that a GSE might
require future assistance from the Government.
‘‘(2) It is the sense of the Senate that the committees
of jurisdiction in the Senate shall prepare and report to
the Senate no later than September 15, 1991, legislation
to ensure the financial safety and soundness of GSEs
and to minimize the possibility that a GSE might re-
quire future assistance from the Government.
‘‘(f) [sic] PRESIDENT’S BUDGET.—The President’s an-
nual budget submission shall include an analysis of the
financial condition of the GSEs and the financial expo-
sure of the Government, if any, posed by GSEs.’’
MULTIYEAR
AUTHORIZATIONS
AND
2-YEAR
APPROPRIA-
TIONS FOR SELECTED AGENCIES AND ACCOUNTS
Pub. L. 100–119, title II, § 201, Sept. 29, 1987, 101 Stat.
784, provided that: ‘‘It is the sense of the Congress that
the Congress should undertake an experiment with
multiyear authorizations and 2-year appropriations for
selected agencies and accounts. An evaluation of the ef-
ficacy and desirability of such experiment should be
conducted at the end of the 2-year period. The appro-
priate committees are directed to develop a plan in
consultation with the leadership of the House and Sen-
ate to implement this experiment.’’
FINANCIAL MANAGEMENT REFORM
Pub. L. 100–119, title II, § 203, Sept. 29, 1987, 101 Stat.
784, provided that: ‘‘It is the sense of the Congress t
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Federal law — U.S. Code and appendices · legal_authorities
**(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
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8681
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15042
court the record of the proceedings on which the
Secretary based the action, as provided in sec-
tion 2112 of title 28.
(c) Jurisdiction
Upon the filing of the petition, the court shall
have jurisdiction to affirm the action of the Sec-
retary or to set the action aside, in whole or in
part, temporarily or permanently. Until the fil-
ing of the record, the Secretary may modify or
set aside the order of the Secretary relating to
the action.
(d) Findings and remand
The findings of the Secretary about the facts,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case involved to the Secretary
for further proceedings to take further evidence.
On remand, the Secretary may make new or
modified findings of fact and may modify the
previous action of the Secretary, and shall file
with the court the record of the further pro-
ceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
(e) Finality
The judgment of the court affirming or setting
aside, in whole or in part, any action of the Sec-
retary shall be final, subject to review by the
Supreme Court of the United States upon certio-
rari or certification as provided in section 1254
of title 28.
(f) Effect
The commencement of proceedings under this
section shall not, unless so specifically ordered
by a court, operate as a stay of the Secretary’s
action.
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114
Stat. 1711.)
§ 15029. Authorization of appropriations
(a) Funding for State allotments
Except as described in subsection (b), there are
authorized to be appropriated for allotments
under section 15022 of this title $76,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041
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