Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988
Public Law 100-509 · S. 2393 · 100th Congress · began in the Senate
Signed by Ronald Reagan (R) on Oct 20, 1988 · Civil Rights and Liberties, Minority Issues
Sponsor: Sen. Tom Harkin (D-IA)
Cosponsors (10): Sen. Lowell Weicker, Sen. Ted Kennedy,
Passage votes
- HouseMethod not stated
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
(Senate agreed to House amendments with an amendment)
Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment (including during transport to the facility) or who are involuntarily confined in a municipal detention facility for reasons other than a criminal conviction. States that "neglect" includes the failure to maintain adequate numbers of appropriately trained staff.
Requires that each system established in a State, under provisions of such Act, to protect and advocate the rights of mentally ill individuals have a governing authority. Sets forth requirements for the composition of certain State governing authorities. Makes an authority responsible for the planning, design, implementation, and functioning of the system and for developing, jointly with the system advisory council, the annual priorities of the system. Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system.
Grants the system access to: (1) all records of any individual who has died or whose whereabouts are unknown; (2) reports prepared by any staff of a facility rendering care or treatment; (3) reports prepared by an agency charged with investigating reports of abuse, neglect, or injury; and (4) discharge planning records.
Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill.
Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems.
Requires each eligible system to: (1) provide the public with an annual opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system.
Requires that an application for an allotment for a protection and advocacy system, and the application's required assurances, remain in effect for three years.
Revises the formula for determination of the amount of allotments.
Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 15 actions.
- Oct 20, 1988Became lawBecame law · Became Public Law No: 100-509.
- Became lawBecame law · Signed by President.
- Oct 13, 1988PresidentPresident · Presented to President.
- Oct 5, 1988Resolving differencesResolving differences · House Receded From its Amendments.
- Resolving differencesResolving differences · House Agreed to Senate Amendments to House Amendments by Voice Vote.
- Oct 4, 1988Resolving differencesResolving differences · Senate concurred in the House amendments with an amendment (SP 3402) by Voice Vote.
- FloorFloor · Senate disagreed to the amendment of the House to the title by Voice Vote.
- FloorFloor · Measure laid before Senate by unanimous consent.
- Sep 20, 1988FloorFloor · Passed House (Amended) by Voice Vote.
- FloorFloor · Called up by House by Unanimous Consent.
- Aug 9, 1988FloorFloor · Passed Senate with amendments by Voice Vote.
- Aug 5, 1988CommitteeCommittee · Reported by Senate Health, Education, Labor, and Pensions Committee
- Jun 22, 1988CommitteeCommittee · Markup by Senate Health, Education, Labor, and Pensions Committee
- May 13, 1988CommitteeCommittee · Referred to Senate Health, Education, Labor, and Pensions Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.