Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991
PL 102-173 (S.1475), enacted 11/27/1991

P U B U C LAW 102-173—NOV. 27, 1991 
105 STAT. 1217 
Public Law 102-173 
102d Congress 
An Act 
To amend the Protection and Advocacy for Mentally 1
1
1 Individuals Act of 1986 to 
reauthorize programs under such Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Protection and Advocacy for 
Mentally 111 Individuals Amendments Act of 1991". 
SEC. 2.JIEFERENCES. 
Except ^ btherwise provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Protection and 
Advocacy for Mentally 111 Individuals Act of 1986 (42 U.S.C. 10801 et 
seq.). 
SEC. 3. FINDINGS. 
Section 101(a) (42 U.S.C. 10801(a)) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; and 
(2) by inserting after paragraph (1), the following new para-
graph: 
"(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 mem-
bers, and the individuals are legally incompetent and the legal 
guardians, conservators, or other legal representatives are 
members of the family;". 
SEC. 4. DEFINITIONS. 
Section 102 (42 U.S.C. 10802) is amended— 
(1) by redesignating paragraphs (3) through (6) as paragraphs 
(4) through (7), respectively; and 
(2) by inserting after paragraph (2), the following new para-
graph: 
"(3) The term 'facilities' may include, but need not be limited 
to, hospitals, nursing homes, community facilities for individ-
uals with mental illness, board and care homes, homeless shel-
ters, and jails and prisons.". 
SEC. 5. USE OF ALLOTMENTS. 
Section 104 (42 U.S.C. 10804) is amended by adding at the end 
thereof the following new subsection: 
"(c) An eligible system may use its allotment under this title to 
provide representation to individuals with mental illness in Federal 
facilities who request representation by the eligible system. Rep-
resentatives of such individuals from such system shall be accorded 
Nov. 27,1991 
[S. 1475] 
Protection and 
Advocacy for 
Mentally 1
1
1 
Individuals 
Amendments 
Act of 1991. 
42 use 10801 
note. 
59-139 0-91(173) 
105 STAT. 1218 
PUBLIC LAW 102-173—NOV. 27, 1991 
all the rights and authority accorded to other representatives of 
residents of such facilities pursuant to State law and other Federal 
laws.". 
SEC. 6. SYSTEMS REQUIREMENTS. 
(a) ACCESS TO RECORDS.—Section 105(aX4) (42 U.S.C. 10805(aX4)) is 
amended— 
(1) in subparagraph (A), by striking out "and" at the end 
thereof; 
'^' 
(2) in subparagraph (BXiii)— 
• 
,':: 
(A) by inserting "as a result of monitoring or other 
activities (either of which result from a complaint or other 
evidence)" before "there is"; and 
(B) by adding "and" at the end thereof; and 
(3) by adding at the end thereof the following new subpara-
graph: 
"(C) any individual with a mental illness, who has a legal 
guardian, conservator, or other legal representative, with 
' 
respect to whom a complaint has been received by the 
system or with respect to whom there is probable cause to 
believe the health or safety of the individual is in serious 
and immediate jeopardy, whenever— 
"(i) such representative has been contacted by such 
system upon receipt of the name and address of such 
representative; 
'(ii) such system has offered assistance to such rep-
resentative to resolve the situation; and 
"(iii) such representative has failed or refused to act 
on behalf of the individual;". 
(b) ADVISORY COUNCIL.—Section 105(aX6) (42 U.S.C. 10805(aX6)) is 
amended— 
(1) in subparagraph (A), by striking out "and" at the end 
thereof; 
(2) in subparagraph (B), by striking out "one-half and insert-
ing in lieu thereof "60 percent"; and 
(3) by adding at the end thereof the following new subpara-
graph: 
"(C) which shall be chaired by an individual who has 
received or is receiving mental health services or who is a 
family member of such an individual;". 
(c) 
GRIEVANCE 
PROCEDURE,—Section 
105(aX9) 
(42 
U.S.C. 
10805(aX9)) is amended by inserting before the period the following: 
"and for individuals who have received or are receiving mental 
health services, family members of such individuals with mental 
illness, or representatives of such individuals or family members to 
assure that the eligible system is operating in compliance with the 
provisions of this title and title III". 
(d) 
GOVERNING 
AUTHORITY.—Section 
105(cXl)(B) (42 U.S.C. 
10805(cXlXB)) is amended by adding at the end thereof the following 
new sentence: "As used in this subparagraph, the term 'members 
who broadly represent or are knowledgeable about the needs of the 
clients served by the system' shall be construed to include individ-
uals who have received or are receiving mental health services and 
family members of such individuals.". 
SEC. 7. TRAINING. 
Section 111 (42 U.S.C. 10821) is amended— 
PUBLIC LAW 102-173—NOV. 27, 1991 
105 STAT. 1219 
(1) in subsection (a)(2), by inserting before the semicolon the 
following: "and to work with family members of clients served 
by the system where the individuals with mental illness are 
minors, legally competent and do not object, and legally incom-
petent and the legal guardians, conservators, or other legal 
representatives are family members"; 
(2) by redesignating subsection (b) as subsection (c); and 
(3) by inserting after subsection (a), the following new subsec-
tion: 
"(b) 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 serv-
ices and family members of such individuals.". 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
Section 117 (42 U.S.C. 10827) is amended to read as follows: 
"SEC. 117. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated for allotments under 
this title, $19,500,000 for fiscal year 1992, and such sums as may be 
necessary for each of the fiscal years 1993 through 1995.". 
SEC. 9. REGULATIONS. 
Section 116 (42 U.S.C. 10826) is amended— 
(1) by inserting "(a) IN GENERAL.—" before "The Secretary"; 
and 
(2) by adding at the end thereof the following new subsection: 
"(b) REGULATIONS.—Not later than 6 months after the date of 
enactment of this subsection, the Secretary shall promulgate final 
regulations to carry out this title and title III.". 
SEC. 10. TECHNICAL AMENDMENTS. 
The Act (42 U.S.C. 10801 et seq.) is amended— 
(1) by striking out "mentally ill individual" each place that 
such occurs and inserting in lieu thereof "individual with 
mental illness"; and 
(2) by striking out "mentally ill individuals" each place that 
such occurs and inserting in lieu thereof "individuals with 
mental illness". 
Approved November 27, 1991. 
LEGISLATIVE HISTORY—S. 1475: 
HOUSE REPORTS: No. 102-319 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 102-114 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
July 31, considered and passed Senate. 
Nov. 19, considered and passed House. 
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