114 STAT. 1194 PUBLIC LAW 106-310—OCT. 17, 2000 42 USC 10801 "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Protection and Advocacy for Individuals with Mental Illness Act'.". (b) DEFINITIONS.— Section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10802) is amended— (1) in paragraph (4)— (A) in the matter preceding subparagraph (A), by inserting ", except as provided in section 104(d)," after "means"; (B) in subparagraph (B)— (i) by striking "(i)" who" and inserting "(i)(I) who"; (ii) by redesignating clauses (ii) and (iii) as subclauses (II) and (III); (iii) in subclause (III) (as so redesignated), by striking the period and inserting "; or"; and (iv) by adding at the end the following: "(ii) who satisfies the requirements of subparagraph (A) and lives in a community setting, including their own home."; and (2) by adding at the end the following: "(8) The term 'American Indian consortium' means a consortium established under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042 et seq.).". (c) USE OF ALLOTMENTS.— Section 104 of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10804) is amended by adding at the end the following: "(d) The definition of 'individual with a mental illness' contained in section 102(4)(B)(iii) shall apply, and thus an eligible system may use its allotment under this title to provide representation to such individuals, only if the total allotment under this title for any fiscal year is $30,000,000 or more, and in such case, an eligible system must give priority to representing persons with mental illness as defined in subparagraphs (A) and (B)(i) of section 102(4). ". (d) MINIMUM AMOUNT. — Paragraph (2) of section 112(a) of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10822(a)(2)) is amended to read as follows: "(2)(A) The minimum amount of the allotment of an eligible system shall be the product (rounded to the nearest $100) of the appropriate base amount determined under subparagraph (B) and the factor specified in subparagraph (C). "(B) For purposes of subparagraph (A), the appropriate base amount— "(i) for American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Islands, is $139,300; and "(ii) for any other State, is $260,000. "(C) The factor specified in this subparagraph is the ratio of the amount appropriated under section 117 for the fiscal year for which the allotment is being made to the amount appropriated under such section for fiscal year 1995.
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