
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3206(c)]
[CITE: 42USC10804]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
              SUBCHAPTER I--PROTECTION AND ADVOCACY SYSTEMS
 
                    Part A--Establishment of Systems
 
Sec. 10804. Use of allotments


(a) Contracts

    (1) 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--
        (A) such an agency shall be independent of any agency which 
    provides treatment or services (other than advocacy services) to 
    individuals with mental illness; and
        (B) such an agency or organization shall have the capacity to 
    protect and advocate the rights of individuals with mental illness.

    (2) 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.
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    \1\ So in original. The comma probably should not appear.
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(b) Obligation of allotments; technical assistance and training

    (1) 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.
    (2) 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.

(c) Representation of individuals with mental illness

    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.

(Pub. L. 99-319, title I, Sec. 104, May 23, 1986, 100 Stat. 479; Pub. L. 
100-509, Sec. 7(a), (b)(1), Oct. 20, 1988, 102 Stat. 2544; Pub. L. 102-
173, Secs. 5, 10(2), Nov. 27, 1991, 105 Stat. 1217, 1219.)


                               Amendments

    1991--Subsec. (a). Pub. L. 102-173, Sec. 10(2), substituted 
``individuals with mental illness'' for ``mentally ill individuals'' in 
three places.
    Subsec. (c). Pub. L. 102-173, Sec. 5, added subsec. (c).
    1988--Subsec. (a)(2). Pub. L. 100-509, Sec. 7(a), substituted 
``including, in particular, groups run by individuals who have received 
or are receiving mental health services, or the family members of such 
individuals, which'' for ``which, on May 23, 1986''.
    Subsec. (b)(2). Pub. L. 100-509, Sec. 7(b)(1), substituted ``10'' 
for ``5''.

                  Section Referred to in Other Sections

    This section is referred to in sections 10807, 10821 of this title.
