View all text of Subchapter V [§ 790 - § 794g]
§ 794e. Protection and advocacy of individual rights
(a) Purpose and construction
(1) PurposeThe purpose of this section is to support a system in each State to protect the legal and human rights of individuals with disabilities who—
(A) need services that are beyond the scope of services authorized to be provided by the client assistance program under section 732 of this title; and
(B)
(i) are ineligible for protection and advocacy programs under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.] because the individuals do not have a developmental disability, as defined in section 102 of such Act [42 U.S.C. 15002]; and
(ii) are ineligible for services under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1
1 See References in Text note below.
(42 U.S.C. 10801 et seq.) because the individuals are not individuals with mental illness, as defined in section 102 of such Act (42 U.S.C. 10802).(2) Construction
(b) Appropriations less than $5,500,000
(c) Appropriations of $5,500,000 or more
(1) Reservations
(A) Technical assistance
(B) Grant for the eligible system serving the American Indian consortium
(2) Allotments
(3) Systems within States
(A) Population basis
(B) Minimums
(4) Systems within other jurisdictions
(A) In general
(B) Allotment
(5) Adjustment for inflation
(d) Proportional reduction
(e) Reallotment
(f) ApplicationIn order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such form and manner, and containing such information and assurances as the Commissioner determines necessary to meet the requirements of this section, including assurances that the eligible system will—
(1) have in effect a system to protect and advocate the rights of individuals with disabilities;
(2) have the same general authorities, including the authority to access records and program income, as are set forth in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.];
(3) have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State or the American Indian consortium who are individuals described in subsection (a)(1);
(4) provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State or the American Indian consortium;
(5) develop a statement of objectives and priorities on an annual basis, and provide to the public, including individuals with disabilities and, as appropriate, the individuals’ representatives, an opportunity to comment on the objectives and priorities established by, and activities of, the system including—
(A) the objectives and priorities for the activities of the system for each year and the rationale for the establishment of such objectives and priorities; and
(B) the coordination of programs provided through the system under this section with the advocacy programs of the client assistance program under section 732 of this title, the State long-term care ombudsman program established under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.], and the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 (42 U.S.C. 10801 et seq.);
(6) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities are afforded equal opportunity to access the services of the system; and
(7) provide assurances to the Commissioner that funds made available under this section will be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided.
(g) Carryover and direct payment
(1) Direct payment
(2) Carryover
(h) Limitation on disclosure requirements
(i) Administrative cost
(j) Delegation
(k) Report
(l) Authorization of appropriations
(m) DefinitionsAs used in this section:
(1) Eligible system
(2) American Indian consortium
(Pub. L. 93–112, title V, § 509, as added Pub. L. 102–569, title V, § 510(a), Oct. 29, 1992, 106 Stat. 4430; amended Pub. L. 103–73, title I, § 112(c), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105–12, § 9(n), Apr. 30, 1997, 111 Stat. 28; Pub. L. 105–220, title IV, § 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L. 105–394, title IV, § 402(c), Nov. 13, 1998, 112 Stat. 3662; Pub. L. 106–402, title IV, § 401(b)(3)(C), (D), Oct. 30, 2000, 114 Stat. 1738; Pub. L. 113–128, title IV, § 457, July 22, 2014, 128 Stat. 1676.)