[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR51.6]



[Page 154]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51_REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 

INDIVIDUALS WITH MENTAL ILLNESS PROGRAM--Table of Contents

 

                      Subpart A_Basic Requirements

 

Sec. 51.6  Use of allotments.



    (a) Allotments must be used to supplement and not to supplant the 

level of non-Federal funds available in the State to protect and 

advocate the rights of individuals with mental illness.

    (b) Allotments may not be used to support lobbying activities to 

influence proposed or pending Federal legislation or appropriations. 

This restriction does not affect the right of any P&A system, 

organization or individual to petition Congress or any other government 

body or official using other resources.

    (c) Allotments may not be used to produce or distribute written, 

audio or visual materials or publicity intended or designed to support 

or defeat any candidate for public office.

    (d) If an eligible P&A system is a public entity, that P&A system 

shall not be required by the State to obligate more than five percent of 

its annual allotment for State oversight administrative expenses under 

this grant such as costs of internal or external evaluations, monitoring 

or auditing. This restriction does not include:

    (1) Salaries, wages and benefits of program staff;

    (2) Costs associated with attending governing board or advisory 

council meetings; or

    (3) Expenses associated with the provision of training or technical 

assistance for staff, contractors, members of the governing board or 

advisory council.

    (e) No more than ten percent of each annual allotment may be used 

for providing technical assistance and training, including travel 

expenses for staff, contractors, or members of the governing board or 

advisory council as defined in Sec. 51.27.

    (f) Allotments may be used to pay the otherwise allowable costs 

incurred by a P&A system in bringing lawsuits in its own right to 

redress incidents of abuse or neglect, discrimination, and other rights 

violations impacting on individuals with mental illness and when it 

appears on behalf of named plaintiffs or a class of plaintiffs for such 

purposes.