requirements for system

requirements for system Sec. 301. (a) Section 142(a)(2) is amended— (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (E), (F), and (G), respectively; (2) by striking out subparagraph (A) and inserting in lieu thereof the following: “(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 persons within101 STAT. 852 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 minority groups; and “(ii) provide information on and referral to programs and services addressing the needs of persons with developmental disabilities; “(B) have the authority to investigate incidents of abuse and neglect of persons 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, provide the public with an opportunity to comment on priorities established by, and activities of, the system; “(D) establish a grievance procedure for clients or prospective clients of the system to assure that persons with developmental disabilities have full access to services of the system;”; and (3) by striking out subparagraph (G) (as redesignated by clause (1) of this subsection) and inserting in lieu thereof the following: “(G) have access to all records of— “(i) any person with developmental disabilities who is a client of the system if such person, or the legal guardian, conservator, or other legal representative of such person, has authorized the system to have such access; and “(ii) any person with developmental disabilities— “(I) who, by reason of the mental or physical condition of such person, 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 there is probable cause to believe that such person has been subject to abuse or neglect;”. (b) Section 142(c) is amended— (1) by striking out “$11,000,000” in subparagraph (A) of paragraph (1) and inserting in lieu thereof “$20,000,000”; (2) by striking out “$80,000” in clause (i) of such subparagraph and inserting in lieu thereof “$107,000”; (3) by striking out “$150,000” in clause (ii) of such subparagraph and inserting in lieu thereof “$200,000”; (4) by striking out “$11,000,000” in subparagraph (B) of such paragraph and inserting in lieu thereof “$20,000,000”; (5) by striking out “$50,000” in such subparagraph and inserting in lieu thereof “$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”; (6) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (7) by inserting after paragraph (1) the following new paragraph: 101 STAT. 853 “(2) In any case in which the total amount appropriated under section 143 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, the Secretary may 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 143 for the fiscal year for which the increase in minimum allotment is being made, minus “(B) the total amount appropriated under section 143 for the immediately preceding fiscal year, bears to the total amount appropriated under section 143 for such preceding fiscal year.”. (c) Section 142 is further amended— (1) by striking out subsection (b); (2) by redesignating subsection (c) (as amended by subsection (b) of this section) as subsection (b); and (3) by adding at the end thereof the following new subsection: “(c) 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.”.