dreamproit/uscode huggingface dataset:
42 U.S.C. § 10713 (THE PUBLIC HEALTH AND WELFARE)
§ 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.)
heading: Editorial Notes
heading: References in Text
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 chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
heading: Amendments
text: 2004—Pub. L. 108–372 amended section generally, inserting 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 L. 101–162 repealed Pub.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 Amendment 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to remain available until expended for authorization of $15,000,000 for fiscal years 1989, 1990, 1991, and 1992, was repealed by Pub.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 appropriations authorization of $15,000,000 for fiscal years 1989 through 1992 for authorization of $13,000,000 for fiscal year 1986 and $15,000,000 for fiscal years 1987 and 1988.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1985, see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title.
42 U.S.C. § 10803 (THE PUBLIC HEALTH AND WELFARE)
§ 10803. Allotments
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; 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.
(Pub. L. 99–319, title I, § 103, May 23, 1986, 100 Stat. 479; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219.)
heading: Editorial Notes
heading: Amendments
text: 1991—Par. (2). Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals” in two places.
42 U.S.C. § 10807 (THE PUBLIC HEALTH AND WELFARE)
§ 10807. Legal actions
(a) Prior to instituting any legal action in a Federal or State court on behalf of a 1 individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action.
(b) Subsection (a) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.
(Pub. L. 99–319, title I, § 107, May 23, 1986, 100 Stat. 482; Pub. L. 102–173, § 10(1), Nov. 27, 1991, 105 Stat. 1219.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).
42 U.S.C. § 10824 (THE PUBLIC HEALTH AND WELFARE)
§ 10824. Reports by Secretary
(a) The Secretary shall include in each report required under section 15005 of this title a separate statement which contains—
(1) a description of the activities, accomplishments, and expenditures of systems to protect and advocate the rights of individuals with mental illness supported with payments from allotments under this subchapter, including—
(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 supported with payments from allotments under this subchapter;
(B) activities conducted by States to protect 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 subchapter and of whether each such system was established by a public or nonprofit private entity;
(4) recommendations for activities and services 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 systems established under this subchapter; and
(5) using data from the existing required annual 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 include 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.)
heading: Editorial Notes
heading: Amendments
text: 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 “individuals with mental illness” for “mentally ill individuals” wherever appearing.
42 U.S.C. § 10825 (THE PUBLIC HEALTH AND WELFARE)
§ 10825. Technical assistance
The Secretary shall use not more than 2 percent 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 assistance.
(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.)
heading: Editorial Notes
heading: Amendments
text: 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 subchapter.”
42 U.S.C. § 10826 (THE PUBLIC HEALTH AND WELFARE)
§ 10826. Administration
(a) In general
The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administration.
(b) Regulations
Not later than 6 months after November 27, 1991, the Secretary shall promulgate final regulations to carry out this subchapter and subchapter III.
(Pub. L. 99–319, title I, § 116, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102–321, title I, § 163(c)(3)(B), July 10, 1992, 106 Stat. 377.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–321 substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.
1991—Pub. L. 102–173 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.
42 U.S.C. § 10827 (THE PUBLIC HEALTH AND WELFARE)
§ 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.
(Pub. L. 99–319, title I, § 117, May 23, 1986, 100 Stat. 485; Pub. L. 100–509, § 7(f), Oct. 20, 1988, 102 Stat. 2546; Pub. L. 102–173, § 8, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(f), Oct. 17, 2000, 114 Stat. 1195.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–310 substituted “2003” for “1995”.
1991—Pub. L. 102–173 amended section generally. Prior to amendment, section read as follows: “For allotments under this subchapter, there are authorized to be appropriated $14,300,000 for fiscal year 1989, and such sums as may be necessary for fiscal year 1990 and fiscal year 1991.”
1988—Pub. L. 100–509 amended section generally. Prior to amendment, section read as follows: “For allotments under this subchapter, there are authorized to be appropriated $10,000,000 for fiscal year 1986, $10,500,000 for fiscal year 1987, and $11,025,000 for fiscal year 1988.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1988 Amendment
text: Pub. L. 100–509, § 8, Oct. 20, 1988, 102 Stat. 2546, provided that:
“(a) In General.—
The amendments made by this Act [amending sections 10802, 10804 to 10806, 10821, 10822, and 10825 of this title], other than the amendment made by section 7(f) [amending this section], shall become effective on the date of the enactment of this Act [Oct. 20, 1988].
“(b) Authorization of Appropriations.—
The amendment made by section 7(f) [amending this section] shall become effective on October 1, 1988.”
42 U.S.C. § 10851 (THE PUBLIC HEALTH AND WELFARE)
§ 10851. Construction of subchapters I and II; “individual with mental illness” defined
(a) Subchapters I and II shall not be construed as establishing any new rights for individuals with mental illness.
(b) For purposes of this section, the term “individual with mental illness” has the same meaning as in section 10802(3) 1 of this title.
(Pub. L. 99–319, title III, § 301, May 23, 1986, 100 Stat. 489; Pub. L. 102–173, § 10, Nov. 27, 1991, 105 Stat. 1219.)
heading: Editorial Notes
heading: References in Text
text: Section 10802(3) of this title, referred to in subsec. (b), was redesignated section 10802(4) of this title by Pub. L. 102–173, § 4(1), Nov. 27, 1991, 105 Stat. 1217.
heading: Amendments
text: 1991—Pub. L. 102–173, substituted “individuals with mental illness” for “mentally ill individuals” in subsec. (a) and “individual with mental illness” for “mentally ill individual” in subsec. (b).
42 U.S.C. § 10901 (THE PUBLIC HEALTH AND WELFARE)
§ 10901. Authority of Secretary to make grants
The Secretary is authorized to make a grant for any fiscal year to any State receiving a grant under title XX of the Social Security Act [42 U.S.C. 1397 et seq.] for such fiscal year to enable such State to award scholarships to eligible individuals within the State who are candidates for the Child Development Associate credential.
(Pub. L. 99–425, title VI, § 602, Sept. 30, 1986, 100 Stat. 976.)
heading: Editorial Notes
heading: References in Text
text: The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XX of the Social Security Act is classified principally to subchapter XX (§ 1397 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title.
heading: Short Title
text: Pub. L. 99–425, title VI, § 601, Sept. 30, 1986, 100 Stat. 976, provided that: “This title [enacting this chapter] may be cited as the ‘Child Development Associate Scholarship Assistance Act of 1985’.”
42 U.S.C. § 10902 (THE PUBLIC HEALTH AND WELFARE)
§ 10902. Application for grants
(a) Application required
A State desiring to participate in the grant program established by this chapter shall submit an application to the Secretary in such form as the Secretary may require.
(b) Contents of applications
A State’s application shall contain appropriate assurances that—
(1) scholarship assistance made available with funds provided under this chapter will be awarded—
(A) only to eligible individuals;
(B) on the basis of the financial need of such individuals; and
(C) in amounts sufficient to cover the cost of application, assessment, and credentialing (including, at the option of the State, any training necessary for credentialing) for the Child Development Associate credential for such individuals;
(2) not more than 35 percent of the funds received under this chapter by a State may be used to provide scholarship assistance under paragraph (1) to cover the cost of training described in paragraph (1)(C); and
(3) not more than 10 percent of the funds received by the State under this chapter will be used for the costs of administering the program established in such State to award such assistance.
(c) Equitable distribution
In making grants under this chapter, the Secretary shall—
(1) distribute such grants equitably among States; and
(2) ensure that the needs of rural and urban areas are appropriately addressed.
(Pub. L. 99–425, title VI, § 603, Sept. 30, 1986, 100 Stat. 976; Pub. L. 101–501, title V, § 501, Nov. 3, 1990, 104 Stat. 1256.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (b)(1)(C). Pub. L. 101–501, § 501(a), (b)(1), inserted “(including, at the option of the State, any training necessary for credentialing)” after “credentialing” and struck out “and” at end.
Subsec. (b)(2), (3). Pub. L. 101–501, § 501(b)(2), (3), added par. (2) and redesignated former par. (2) as (3).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title.
42 U.S.C. § 10903 (THE PUBLIC HEALTH AND WELFARE)
§ 10903. Definitions
For purposes of this chapter—
(1) the term “eligible individual” means a candidate for the Child Development Associate credential whose income does not exceed the 1 130 percent of the lower living standard income level,2 by more than 50 percent;
(2) the term “lower living standard income level” means that income level (adjusted for regional, metropolitan, urban, and rural differences and family size) determined annually by the Secretary of Labor and based on the most recent lower living family budget issued by the Secretary of Labor;
(3) the term “Secretary” means the Secretary of Health and Human Services; and
(4) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, and Palau.
(Pub. L. 99–425, title VI, § 604, Sept. 30, 1986, 100 Stat. 976; Pub. L. 101–501, title V, § 502, Nov. 3, 1990, 104 Stat. 1256.)
heading: Editorial Notes
heading: Amendments
text: 1990—Par. (1). Pub. L. 101–501, § 502(1), substituted “130 percent of the lower living standard income level” for “poverty line, as defined in section 9902(2) of this title”.
Pars. (2) to (4). Pub. L. 101–501, § 502(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title.
42 U.S.C. § 10904 (THE PUBLIC HEALTH AND WELFARE)
§ 10904. Annual report by States; contents; manner of payments pursuant to grants
(a) Reporting
Each State receiving grants under this chapter shall annually submit to the Secretary information on the number of eligible individuals assisted under the grant program, and their positions and salaries before and after receiving the Child Development Associate credential.
(b) Payments
Payments pursuant to grants made under this chapter may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.
(Pub. L. 99–425, title VI, § 605, Sept. 30, 1986, 100 Stat. 977.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title.
42 U.S.C. § 10905 (THE PUBLIC HEALTH AND WELFARE)
§ 10905. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter such sums as may be necessary for fiscal year 1995.
(Pub. L. 99–425, title VI, § 606, Sept. 30, 1986, 100 Stat. 977; Pub. L. 101–501, title V, § 503, Nov. 3, 1990, 104 Stat. 1256; Pub. L. 103–252, title I, § 124, May 18, 1994, 108 Stat. 650.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–252 substituted “to carry out this chapter such sums as may be necessary for fiscal year 1995” for “$1,500,000 for fiscal year 1990, $3,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992, 1993, and 1994 for carrying out this chapter”.
1990—Pub. L. 101–501 substituted “are authorized” for “is authorized”, inserted “, $3,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992, 1993, and 1994” after “1990”, and directed the substitution of “fiscal year” for “each of the fiscal years 1987, 1988, and 1989, and”, which was executed by making the substitution for “each of the fiscal years 1987, 1988, 1989, and” to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as a note under section 9832 of this title.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title.
42 U.S.C. § 11101 (THE PUBLIC HEALTH AND WELFARE)
§ 11101. Findings
The Congress finds the following:
(1) The increasing occurrence of medical malpractice and the need to improve the quality of medical care have become nationwide problems that warrant greater efforts than those that can be undertaken by any individual State.
(2) There is a national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician’s previous damaging or incompetent performance.
(3) This nationwide problem can be remedied through effective professional peer review.
(4) The threat of private money damage liability under Federal laws, including treble damage liability under Federal antitrust law, unreasonably discourages physicians from participating in effective professional peer review.
(5) There is an overriding national need to provide incentive and protection for physicians engaging in effective professional peer review.
(Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100 Stat. 3784.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 99–660, title IV, § 401, Nov. 14, 1986, 100 Stat. 3784, provided that: “This title [enacting this chapter and provisions set out as a note under section 11111 of this title] may be cited as the ‘Health Care Quality Improvement Act of 1986’.”
42 U.S.C. § 11115 (THE PUBLIC HEALTH AND WELFARE)
§ 11115. Construction
(a) In general
Except as specifically provided in this subchapter, nothing in this subchapter shall be construed as changing the liabilities or immunities under law or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter.
(b) Scope of clinical privileges
Nothing in this subchapter shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners.
(c) Treatment of nurses and other practitioners
Nothing in this subchapter shall be construed as affecting, or modifying any provision of Federal or State law, with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians.
(d) Treatment of patient malpractice claims
Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of Federal or State law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity.
(Pub. L. 99–660, title IV, § 415, Nov. 14, 1986, 100 Stat. 3787; Pub. L. 100–177, title IV, § 402(c), as added Pub. L. 101–239, title VI, § 6103(e)(6)(A), Dec. 19, 1989, 103 Stat. 2208.)
heading: Editorial Notes
heading: Amendments
text: 1989—Subsec. (a). Pub. L. 101–239 added Pub. L. 100–177, § 402(c), see 1987 Amendment note below.
1987—Subsec. (a). Pub. L. 100–177, § 402(c), as added by Pub. L. 101–239, inserted before period at end “or as preempting or overriding any State law which provides incentives, immunities, or protection for those engaged in a professional review action that is in addition to or greater than that provided by this subchapter”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1987 Amendment
text: Amendment by Pub. L. 100–177 effective Nov. 14, 1986, see section 402(d) of Pub. L. 100–177, as renumbered and amended, set out as a note under section 11137 of this title.