
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6042]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
      SUBCHAPTER III--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
 
Sec. 6042. System required


(a) System required

    In order for a State to receive an allotment under subchapter II of 
this chapter--
        (1) the State must have in effect a system to protect and 
    advocate the rights of individuals with developmental disabilities;
        (2) such system must--
            (A) have the authority to--
                (i) 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 who are or who may be eligible for treatment, 
            services, or habilitation, or who are being considered for a 
            change in living arrangements, with particular attention to 
            members of ethnic and racial minority groups; and
                (ii) provide information on and referral to programs and 
            services addressing the needs of individuals with 
            developmental disabilities;

            (B) have the authority to investigate incidents of abuse and 
        neglect of individuals with developmental disabilities if the 
        incidents are reported to the system or if there is probable 
        cause to believe that the incidents occurred;
            (C) on an annual basis, develop a statement of objectives 
        and priorities for the system's activities; and \1\
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    \1\ So in original. The word ``and'' probably should not appear.
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            (D) on an annual basis, provide to the public, including 
        individuals with developmental disabilities attributable to 
        either physical impairment, mental impairment, or a combination 
        of physical or mental impairments, and their representatives, as 
        appropriate, non-State agency representatives of the State 
        Developmental Disabilities Council, and the university 
        affiliated program (if applicable within a State), an 
        opportunity to comment on--
                (i) the objectives and priorities established by the 
            system and the rationale for the establishment of such 
            objectives; and
                (ii) the activities of the system, including the 
            coordination with the advocacy programs under the 
            Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the 
            Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], and 
            the Protection and Advocacy for Mentally Ill Individuals Act 
            of 1986 [42 U.S.C. 10801 et seq.], and with other related 
            programs, including the parent training and information 
            centers, education ombudsman programs and assistive 
            technology projects;

            (E) establish a grievance procedure for clients or 
        prospective clients of the system to assure that individuals 
        with developmental disabilities have full access to services of 
        the system;
            (F) not be administered by the State Developmental 
        Disabilities Council authorized under subchapter II of this 
        chapter;
            (G) be independent of any agency which provides treatment, 
        services, or habilitation to individuals with developmental 
        disabilities;
            (H) have access at reasonable times and locations to any 
        resident who is an individual with a developmental disability in 
        a facility that is providing services, supports, and other 
        assistance to such a resident;
            (I) have access to all records of--
                (i) any individual with developmental disabilities who 
            is a client of the system if such individual, or the legal 
            guardian, conservator, or other legal representative of such 
            individual, has authorized the system to have such access;
                (ii) any individual with developmental disabilities--
                    (I) who, by reason of such individual's mental or 
                physical condition, is unable to authorize the system to 
                have such access;
                    (II) who does not have a legal guardian, 
                conservator, or other legal representative, or for whom 
                the legal guardian is the State; and
                    (III) with respect to whom a complaint has been 
                received by the system or with respect to whom as a 
                result of monitoring or other activities there is 
                probable cause to believe that such individual has been 
                subject to abuse or neglect; and

                (iii) any person \2\ with a developmental disability 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--
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    \2\ So in original. Probably should be ``individual''.
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                    (I) such representatives have been contacted by such 
                system upon receipt of the name and address of such 
                representatives;
                    (II) such system has offered assistance to such 
                representatives to resolve the situation; and
                    (III) such representatives have failed or refused to 
                act on behalf of the individual;

            (J) hire and maintain sufficient numbers and types of staff, 
        qualified by training and experience, to carry out such system's 
        function except that such State shall not apply hiring freezes, 
        reductions in force, prohibitions on staff travel, or other 
        policies, to the extent that such policies would impact staff or 
        functions funded with Federal funds and would prevent the system 
        from carrying out its functions under this chapter;
            (K) have the authority to educate policymakers; and
            (L) provide assurances to the Secretary that funds allotted 
        to the State under this section will be used to supplement and 
        increase the level of funds that would otherwise be made 
        available for the purposes for which Federal funds are provided 
        and not to supplant such non-Federal funds;

        (3) the State must provide to the system a copy of each annual 
    survey report and plan of corrections for cited deficiencies made 
    pursuant to section 1396a(a)(31) of this title with respect to any 
    intermediate care facility for the mentally retarded in the State 
    within 30 days after the completion of each such report or plan; and
        (4) the agency implementing the system will not be redesignated 
    unless there is good cause for the redesignation and unless--
            (A) notice has been given of the intention to make such 
        redesignation to the agency that is serving as the system 
        including the good cause for such redesignation and the agency 
        has been given an opportunity to respond to the assertion that 
        good cause has been shown;
            (B) timely notice and opportunity for public comment in an 
        accessible format has been given to individuals with 
        developmental disabilities or their representatives; and
            (C) the system has the opportunity to appeal to the 
        Secretary that the redesignation was not for good cause.

(b) American Indian Consortium

    Upon application to the Secretary, an American Indian consortium,\3\ 
as defined in section 6001 of this title, established to provide 
protection and advocacy services under this subchapter, shall receive 
funding pursuant to subsection (c)(5) of this section. Such consortium 
shall coordinate activities with existing systems.
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    \3\ So in original. Probably should be capitalized.
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(c) Allotments

                           (1) In general

        To assist States in meeting the requirements of subsection (a) 
    of this section, the Secretary shall allot to the States the amounts 
    appropriated under section 6043 of this title. Allotments and 
    reallotments of such sums shall be made on the same basis as the 
    allotments and reallotments are made under the first sentence of 
    subsection (a)(1) and subsection (d) \4\ of section 6025 of this 
    title, except that in any case in which--
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    \4\ See References in Text note below.
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            (A) the total amount appropriated under section 6043 of this 
        title for a fiscal year is at least $20,000,000--
                (i) the allotment of each of American Samoa, Guam, the 
            United States Virgin Islands, the Commonwealth of the 
            Northern Mariana Islands, and the Republic of Palau (until 
            the Compact of Free Association with Palau takes effect) for 
            such fiscal year may not be less than the greater of--
                    (I) $107,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section); and

                (ii) the allotment of any State not described in clause 
            (i) for such fiscal year may not be less than the greater 
            of--
                    (I) $200,000; or
                    (II) the greater of the allotments received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section).

            (B) the total amount appropriated under section 6043 of this 
        title for a fiscal year is less than $20,000,000--
                (i) the allotment of each of American Samoa, Guam, the 
            United States Virgin Islands, the Commonwealth of the 
            Northern Mariana Islands, and the Republic of Palau (until 
            the Compact of Free Association with Palau takes effect) for 
            such fiscal year may not be less than the greater of--
                    (I) $80,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section); and

                (ii) the allotment of any State not described in clause 
            (i) for such fiscal year may not be less than the greater 
            of--
                    (I) $150,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section).

                     (2) Increase in allotments

        In any case in which the total amount appropriated under section 
    6043 of this title for a fiscal year exceeds the total amount 
    appropriated under such section for the preceding fiscal year by a 
    percentage greater than the most recent percentage change in the 
    Consumer Price Index published by the Secretary of Labor under 
    section 100(c)(1) of the Rehabilitation Act of 1973 [29 U.S.C. 
    720(c)(1)], the Secretary shall increase each of the minimum 
    allotments under subparagraphs (A) and (B) of paragraph (1) by an 
    amount which bears the same ratio to the amount of such minimum 
    allotment (including any increases in such minimum allotment under 
    this paragraph for prior fiscal years) as the amount which is equal 
    to the difference between--
            (A) the total amount appropriated under section 6043 of this 
        title for the fiscal year for which the increase in minimum 
        allotment is being made, minus
            (B) the total amount appropriated under section 6043 of this 
        title for the immediately preceding fiscal year,

    bears to the total amount appropriated under section 6043 of this 
    title for such preceding fiscal year.

           (3) Monitoring the administration of the system

        A State may use not more than 5 percent of any allotment under 
    this subsection for the costs of monitoring the administration of 
    the system required under subsection (a) of this section.

                     (4) Reduction of allotment

        Notwithstanding paragraph (1), if the aggregate of the amounts 
    of the allotments to be made in accordance with such paragraph for 
    any fiscal year exceeds the total of the amounts appropriated for 
    such allotments under section 6043 of this title, the amount of a 
    State's allotment for such fiscal year shall bear the same ratio to 
    the amount otherwise determined under such paragraph as the total of 
    the amounts appropriated for that year under section 6043 of this 
    title bears to the aggregate amount required to make an allotment to 
    each of the States in accordance with paragraph (1).

       (5) Technical assistance and American Indian Consortium

        In any case in which amounts appropriated under section 6043 of 
    this title for a fiscal year exceeds $24,500,000, the Secretary 
    shall--
            (A) use not more than 2 percent of the amounts appropriated 
        to provide technical assistance (consistent with requests by 
        such systems for such assistance in the year that appropriations 
        reach $24,500,000) to eligible systems with respect to 
        activities carried out under this chapter; and
            (B) provide grants in accordance with paragraph (1)(A)(i) to 
        American Indian Consortiums to provide protection and advocacy 
        services.

(d) Unobligated funds

    Any amount paid to a State for a fiscal year and remaining 
unobligated at the end of such year shall remain available to such State 
for the next fiscal year for the purposes for which such amount was 
paid.

(e) Governing board

    In States in which the system is organized as a private nonprofit 
entity with a multimember governing board, or a public system with a 
multimember governing board, such governing board shall be selected 
according to the policies and procedures of the system, except that--
        (1) the governing board shall be composed of members who broadly 
    represent or are knowledgeable about the needs of the individuals 
    served by the system and include individuals with developmental 
    disabilities who are eligible for services, or have received or are 
    receiving services, or parents, family members, guardians, 
    advocates, or authorized representatives of such individuals;
        (2) not more than \1/3\ of the membership of the governing board 
    may be appointed by the chief executive officer of the State 
    involved, in the case of any State in which such officer has the 
    authority to appoint the membership of the board;
        (3) any vacancy in the board shall be filled not later than 60 
    days after the date on which the vacancy occurs; and
        (4) in States in which the system is organized as a public 
    system without a multimember governing or advisory board, the system 
    shall establish an advisory council that shall--
            (A) advise the system on policies and priorities to be 
        carried out in protecting and advocating the rights of 
        individuals with developmental disabilities; and
            (B) consist of a majority of individuals with developmental 
        disabilities who are eligible for services, or have received or 
        are receiving services, or parents, family members, guardians, 
        advocates, or authorized representatives of such individuals.

(f) Records

    As used in this section the term ``records'' includes reports 
prepared or received by any staff of a facility rendering care or 
treatment, or reports prepared by an agency or staff person charged with 
investigating reports of incidents of abuse or neglect, injury or death 
occurring at such facility that describes incidents of abuse, neglect, 
injury or death occurring at such facility and the steps taken to 
investigate such incidents, and discharge planning records.

(g) Access to records

    If the laws of a State prohibit a system from obtaining access to 
records of individuals with developmental disabilities the provisions of 
subparagraph (A) of paragraph (2) of subsection (a) of this section 
shall not apply to such system before--
        (1) the date such system is no longer subject to such 
    prohibition; or
        (2) the expiration of the 1-year period beginning on October 31, 
    1990, whichever occurs first.

(h) Legal action

                           (1) In general

        Nothing in this chapter shall preclude the systems described 
    under this section from bringing a suit on behalf of individuals 
    with developmental disabilities against a State, or agencies or 
    instrumentalities of a State.

                  (2) Use of amounts from judgment

        Amounts received pursuant to paragraph (1) through court 
    judgments and used by the system are limited to furthering the 
    purpose of this subchapter and shall not be used to augment payments 
    to legal contractors or to award personal bonuses.

                           (3) Limitation

        The systems may only use assistance provided under this chapter 
    consistent with section 14404 of this title.

(i) Payment to systems

    Notwithstanding any other provision of law, the Secretary shall pay 
directly to any system which complies with the provisions of this 
section the amount of such system's allotment under this section, unless 
the system delegates otherwise.

(j) Disclosure of information

    For purposes of any periodic audit, report, or evaluation required 
under this chapter, the Secretary shall not require a program to 
disclose the identity of, or any other personally identifiable 
information related to, any individual requesting assistance under such 
program.

(k) Public notice of Federal onsite review

    The Secretary shall provide advance public notice of any Federal 
programmatic and administrative review and solicit public comment on the 
system funded under this subchapter through such notice. The findings of 
the public comment solicitation notice shall be included in the onsite 
visit report. The results of such review shall be distributed to the 
Governor of the State and to other interested public and private 
parties.

(Pub. L. 88-164, title I, Sec. 142, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2679; amended Pub. L. 100-146, title III, 
Sec. 301, Oct. 29, 1987, 101 Stat. 851; Pub. L. 101-496, Sec. 15, Oct. 
31, 1990, 104 Stat. 1198; Pub. L. 103-230, title III, Sec. 303, Apr. 6, 
1994, 108 Stat. 314; Pub. L. 105-12, Sec. 9(l)(2), Apr. 30, 1997, 111 
Stat. 28.)

                       References in Text

    The Rehabilitation Act of 1973, referred to in subsec. 
(a)(2)(D)(ii), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as 
amended, which is classified generally to chapter 16 (Sec. 701 et seq.) 
of Title 29, Labor. For complete classification of this Act to the Code, 
see Short Title note set out under section 701 of Title 29 and Tables.
    The Older Americans Act of 1965, referred to in subsec. 
(a)(2)(D)(ii), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as 
amended, which is classified generally to chapter 35 (Sec. 3001 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 3001 of this title and Tables.
    The Protection and Advocacy for Mentally Ill Individuals Act of 
1986, referred to in subsec. (a)(2)(D)(ii), is Pub. L. 99-319, May 23, 
1986, 100 Stat. 478, as amended, which is classified generally to 
chapter 114 (Sec. 10801 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 10801 of this title and Tables.
    This chapter, referred to in subsecs. (a)(2)(J), (h)(1), and (j), 
was in the original ``this Act'' and was translated as reading ``this 
title'', meaning title I of Pub. L. 88-164, known as the Developmental 
Disabilities Assistance and Bill of Rights Act, to reflect the probable 
intent of Congress.
    Subsection (d) of section 6025 of this title, referred to in subsec. 
(c)(1), was redesignated subsec. (e) of section 6025 by Pub. L. 103-230, 
title II, Sec. 206(b)(3), Apr. 6, 1994, 108 Stat. 312.
    For Oct. 1, 1994, as the date the Compact of Free Association with 
Palau takes effect, referred to in subsec. (c)(1)(A)(i), (B)(i), see 
Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under 
section 1931 of Title 48, Territories and Insular Possessions.

                          Codification

    October 31, 1990, referred to in subsec. (g)(2), was in the original 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 101-496, which enacted subsec. (f) [now 
(g)] of this section, to reflect the probable intent of Congress.


                            Prior Provisions

    A prior section 6042, Pub. L. 88-164, title I, Sec. 126, as added 
Pub. L. 94-103, title I, Sec. 105, Oct. 4, 1975, 89 Stat. 488, related 
to grants for projects and to application requirements, prior to the 
general amendment of subchapter II of this chapter by Pub. L. 95-602, 
title V, Sec. 509, Nov. 6, 1978, 92 Stat. 3008.


                               Amendments

    1997--Subsec. (h)(3). Pub. L. 105-12 added par. (3).
    1994--Pub. L. 103-230, Sec. 303(a), reenacted section catchline 
without change.
    Subsec. (a). Pub. L. 103-230, Sec. 303(b)(1)(A), inserted heading.
    Subsec. (a)(1). Pub. L. 103-230, Sec. 303(b)(1)(B), substituted 
``individuals'' for ``persons''.
    Subsec. (a)(2)(A). Pub. L. 103-230, Sec. 303(b)(1)(C)(i), (ii), 
substituted ``individuals'' for ``persons'' and ``ethnic and racial 
minority'' for ``minority'' in cl. (i) and ``individuals'' for 
``persons'' in cl. (ii).
    Subsec. (a)(2)(B). Pub. L. 103-230, Sec. 303(b)(1)(C)(i), 
substituted ``individuals'' for ``persons''.
    Subsec. (a)(2)(C). Pub. L. 103-230, Sec. 303(b)(1)(C)(iii), (viii), 
added subpar. (C) and struck out former subpar. (C) which read as 
follows: ``on an annual basis, develop a statement of objectives and 
priorities, and provide to the public, including persons with 
disabilities and their representatives, as appropriate, the 
developmental disability council and the university affiliated program 
(if applicable within a State), an opportunity to comment on the 
objectives and priorities established by, and activities of, the system, 
including--
        ``(i) the objectives and priorities for the system's activities 
    for each year, and the rationale for the establishment of such 
    objectives; and
        ``(ii) the coordination with the advocacy programs set out in 
    the Rehabilitation Act of 1973, the Older Americans Act of 1965, and 
    the Protection and Advocacy for the Mentally Ill Act.''
    Subsec. (a)(2)(D). Pub. L. 103-230, Sec. 303(b)(1)(C)(vii), (viii), 
added subpar. (D) and redesignated former subpar. (D) as (E).
    Pub. L. 103-230, Sec. 303(b)(1)(C)(i), substituted ``individuals'' 
for ``persons''.
    Subsec. (a)(2)(E). Pub. L. 103-230, Sec. 303(b)(1)(C)(vii), 
redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).
    Pub. L. 103-230, Sec. 303(b)(1)(C)(iv), substituted ``Developmental 
Disabilities Council authorized under subchapter II of this chapter'' 
for ``Planning Council''.
    (a)(2)(F). Pub. L. 103-230, Sec. 303(b)(1)(C)(vii), redesignated 
subpar. (E) as (F). Former subpar. (F) redesignated (G).
    Pub. L. 103-230, Sec. 303(b)(1)(C)(i), (v), substituted 
``individuals'' for ``persons'' and struck out ``and'' after 
``disabilities;''.
    Subsec. (a)(2)(G). Pub. L. 103-230, Sec. 303(b)(1)(C)(vii), 
redesignated subpar. (F) as (G). Former subpar. (G) redesignated (I).
    Subsec. (a)(2)(G)(i). Pub. L. 103-230, Sec. 303(b)(1)(C)(vi)(I), 
substituted ``individual'' for ``person'' wherever appearing.
    Subsec. (a)(2)(G)(ii). Pub. L. 103-230, Sec. 303(b)(1)(C)(vi)(II)-
(IV), substituted ``individual'' for ``person'' in introductory 
provisions, ``by reason of such individual's mental or physical 
condition'' for ``by reason of the mental or physical condition of such 
person'' in subcl. (I), and ``individual'' for ``person'' in subcl. 
(III).
    Subsec. (a)(2)(G)(iii). Pub. L. 103-230, Sec. 303(b)(1)(C)(vi)(V)-
(VII), realigned margins of cl. (iii) and subcls. (I) to (III) thereof 
and substituted ``individual'' for ``person'' in subcl. (III).
    Subsec. (a)(2)(H). Pub. L. 103-230, Sec. 303(b)(1)(C)(ix), added 
subpar. (H).
    Subsec. (a)(2)(I). Pub. L. 103-230, Sec. 303(b)(1)(C)(vii), 
redesignated subpar. (G) as (I).
    Subsec. (a)(2)(J) to (L). Pub. L. 103-230, Sec. 303(b)(1)(C)(x), 
added subpars. (J) to (L).
    Subsec. (a)(3). Pub. L. 103-230, Sec. 303(b)(1)(D), (E)(iii), 
redesignated par. (4) as (3) and struck out former par. (3) which read 
as follows: ``the State must provide assurances to the Secretary that 
funds allotted to the State under this section will be used to 
supplement and increase the level of funds that would otherwise be made 
available for the purposes for which Federal funds are provided and not 
to supplant such non-Federal funds;''.
    Subsec. (a)(4). Pub. L. 103-230, Sec. 303(b)(1)(E)(iii), (F), added 
par. (4) and redesignated former par. (4) as (3).
    Pub. L. 103-230, Sec. 303(b)(1)(E)(i), (ii), substituted ``the State 
must provide to the system'' for ``the State must provide assurances to 
the Secretary that such system will be provided with'' and 
``1396a(a)(31) of this title'' for ``1396a(a)(31)(B) of this title''.
    Subsec. (a)(5). Pub. L. 103-230, Sec. 303(b)(1)(D), struck out par. 
(5) which read as follows: ``the State must provide assurances 
satisfactory to the Secretary that the agency implementing the system 
will not be redesignated unless there is good cause for the 
redesignation and unless--
        ``(A) notice has been given of the intention to make such 
    redesignation to the agency that is serving as the system including 
    the good cause for such redesignation and the agency has been given 
    an opportunity to respond to the assertion that good cause has been 
    shown;
        ``(B) timely notice and opportunity for public comment in an 
    accessible format has been given to persons with developmental 
    disabilities or their representatives; and
        ``(C) the system has the opportunity to appeal to the Secretary 
    that the redesignation was not for good cause.''
    Subsec. (b). Pub. L. 103-230, Sec. 303(b)(9), (10), added subsec. 
(b) and redesignated former subsec. (b) as (c).
    Pub. L. 103-230, Sec. 303(b)(2)(A), inserted heading.
    Subsec. (b)(1). Pub. L. 103-230, Sec. 303(b)(2)(A), inserted 
heading.
    Subsec. (b)(1)(A). Pub. L. 103-230, Sec. 303(b)(2)(B)(i), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``the total amount appropriated under section 6043 of this title for a 
fiscal year is at least $20,000,000--
        ``(i) the allotment of each of American Samoa, Guam, the Virgin 
    Islands, the Commonwealth of the Northern Mariana Islands, and the 
    Trust Territory of the Pacific Islands for such fiscal year shall 
    not be less than $107,000; and
        ``(ii) the allotment to each of the several States, Puerto Rico, 
    and the District of Columbia for such fiscal year shall not be less 
    than $200,000; or''.
    Subsec. (b)(1)(B). Pub. L. 103-230, Sec. 303(b)(2)(B)(ii), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``the total amount appropriated under section 6043 of this title for a 
fiscal year is less than $20,000,000, the allotment to each State (other 
than Guam, the Commonwealth of the Northern Mariana Islands, American 
Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands) shall not be less than $150,000, and the allotment of each of 
American Samoa, Guam, the Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and the Trust Territory of the Pacific Islands 
for such fiscal year shall not be less than $80,000.''
    Subsec. (b)(2) to (4). Pub. L. 103-230, Sec. 303(b)(2)(C)-(G), 
inserted headings and realigned margins.
    Subsec. (b)(5). Pub. L. 103-230, Sec. 303(b)(2)(H), added par. (5).
    Subsec. (c). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(b) as (c). Former subsec. (c) redesignated (d).
    Pub. L. 103-230, Sec. 303(b)(3), inserted heading.
    Subsec. (d). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (e).
    Pub. L. 103-230, Sec. 303(b)(4)(A), inserted heading.
    Subsec. (d)(1). Pub. L. 103-230, Sec. 303(b)(4)(B), inserted before 
semicolon ``and include individuals with developmental disabilities who 
are eligible for services, or have received or are receiving services, 
or parents, family members, guardians, advocates, or authorized 
representatives of such individuals''.
    Subsec. (d)(4). Pub. L. 103-230, Sec. 303(b)(4)(C)-(E), added par. 
(4).
    Subsec. (e). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(d) as (e). Former subsec. (e) redesignated (f).
    Pub. L. 103-230, Sec. 303(b)(5), inserted heading.
    Subsec. (f). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(e) as (f). Former subsec. (f) redesignated (g).
    Pub. L. 103-230, Sec. 303(b)(6), inserted heading and substituted 
``individuals'' for ``persons'' in introductory provisions.
    Subsec. (g). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(f) as (g). Former subsec. (g) redesignated (h).
    Pub. L. 103-230, Sec. 303(b)(7)(A), inserted heading.
    Subsec. (g)(1). Pub. L. 103-230, Sec. 303(b)(7)(A), (B), inserted 
heading and substituted ``individuals'' for ``persons'' in text.
    Subsec. (g)(2). Pub. L. 103-230, Sec. 303(b)(7)(C), inserted 
heading.
    Subsec. (h). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(g) as (h). Former subsec. (h) redesignated (i).
    Pub. L. 103-230, Sec. 303(b)(8), inserted heading.
    Subsec. (i). Pub. L. 103-230, Sec. 303(b)(9), redesignated subsec. 
(h) as (i).
    Subsecs. (j), (k). Pub. L. 103-230, Sec. 303(b)(11), added subsecs. 
(j) and (k).
    1990--Subsec. (a)(2)(C). Pub. L. 101-496, Sec. 15(1)(A), added 
subpar. (C) and struck out former subpar. (C) which read as follows: 
``on an annual basis, provide the public with an opportunity to comment 
on priorities established by, and activities of, the system;''.
    Subsec. (a)(2)(G)(i). Pub. L. 101-496, Sec. 15(1)(B), struck out 
``and'' at end.
    Subsec. (a)(2)(G)(ii)(III). Pub. L. 101-496, Sec. 15(1)(C), (D), 
inserted ``as a result of monitoring or other activities'' before 
``there is'' and inserted ``and'' at end.
    Subsec. (a)(2)(G)(iii). Pub. L. 101-496, Sec. 15(1)(E), added cl. 
(iii).
    Subsec. (a)(5). Pub. L. 101-496, Sec. 15(1)(F), which directed the 
substitution of ``unless--'' and subpars. (A) to (C) for ``unless notice 
has been given of the intention to make redesignation to persons with 
developmental disabilities or their representatives'', was executed by 
making the substitution for ``unless notice has been given of the 
intention to make such redesignation to persons with developmental 
disabilities or their representatives'' to reflect the probable intent 
of Congress.
    Subsec. (b)(2). Pub. L. 101-496, Sec. 15(2), substituted ``the 
Secretary shall'' for ``the Secretary may''.
    Subsecs. (d) to (h). Pub. L. 101-496, Sec. 15(3), added subsecs. (d) 
to (h).
    1987--Subsec. (a)(2)(A). Pub. L. 100-146, Sec. 301(a)(2), added 
subpar. (A) and struck out former subpar. (A) which read as follows: 
``have the authority to pursue legal, administrative, and other 
appropriate remedies to ensure the protection of the rights of such 
persons who are receiving treatment, services, or habilitation within 
the State and to provide information on and referral to programs and 
services addressing the needs of persons with developmental 
disabilities;''.
    Subsec. (a)(2)(B) to (D). Pub. L. 100-146, Sec. 301(a)(1), (2), 
added subpars. (B) to (D) and redesignated former subpars. (B) to (D) as 
(E) to (G), respectively.
    Subsec. (a)(2)(E), (F). Pub. L. 100-146, Sec. 301(a)(1), 
redesignated subpars. (B) and (C) as (E) and (F), respectively.
    Subsec. (a)(2)(G). Pub. L. 100-146, Sec. 301(a)(1), (3), added 
subpar. (G) and struck out former subpar. (G), after redesignating it 
from (D), which read as follows: ``except as provided in subsection (b) 
of this section, be able to obtain access to the records of a person 
with developmental disabilities who resides in a facility for persons 
with developmental disabilities if--
        ``(i) a complaint has been received by the system from or on 
    behalf of such person; and
        ``(ii) such person does not have a legal guardian or the State 
    or the designee of the State is the legal guardian of such 
    person;''.
    Subsec. (b). Pub. L. 100-146, Sec. 301(b)(1), (2), (c), redesignated 
subsec. (c) as (b), and in par. (1)(A), substituted ``$20,000,000'' for 
``$11,000,000'' in introductory provisions, ``$107,000'' for ``$80,000'' 
in cl. (i), and ``$200,000'' for ``$150,000'' in cl. (ii), in subpar. 
(B), substituted ``$20,000,000'' for ``$11,000,000'' and ``$150,000, and 
the allotment of each of American Samoa, Guam, the Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, and the Trust Territory of 
the Pacific Islands for such fiscal year shall not be less than 
$80,000'' for ``$50,000'', added par. (2), redesignated former pars. (2) 
and (3) as (3) and (4), respectively, and struck out former subsec. (b) 
which read as follows: ``Prior to October 1, 1986, the provisions of 
paragraph (2)(D) of subsection (a) of this section shall not apply to 
any State in which the laws of the State prohibit the system required 
under such subsection from obtaining access to the records of a person 
with developmental disabilities under the conditions described in such 
paragraph.''
    Subsec. (c). Pub. L. 100-146, Sec. 301(c)(2), (3), added subsec. (c) 
and redesignated former subsec. (c) as (b).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and applicable 
to Federal payments made pursuant to obligations incurred after Apr. 30, 
1997, for items and services provided on or after such date, subject to 
also being applicable with respect to contracts entered into, renewed, 
or extended after Apr. 30, 1997, as well as contracts entered into 
before Apr. 30, 1997, to the extent permitted under such contracts, see 
section 11 of Pub. L. 105-12, set out as an Effective Date note under 
section 14401 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-146 effective Oct. 1, 1987, see section 601 
of Pub. L. 100-146, set out as a note under section 6000 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1396u, 6001, 6041, 6043, 
6083 of this title; title 29 section 794e.
