SYSTEM REQUIRED.

SEC. 303. SYSTEM REQUIRED. (a) Section Heading.—Section 142 (42 U.S.C. 6042) is amended— (1) by striking “Sec. 142.”; and (2) in the section heading, by striking “system required” and inserting the following new section heading: “SEC. 142. SYSTEM REQUIRED”. (b) System.—Section 142 (42 U.S.C. 6042) is amended— (1) in subsection (a)— (A) by striking “In order” and inserting “System Required.—In order”; (B) in paragraph (1), by striking “persons” and inserting “individuals”; (C) in paragraph (2)— 108 STAT. 315 (i) by striking “persons” each place such term appears and inserting “individuals”; (ii) in subparagraph (A), by striking “minority” and inserting “ethnic and racial minority”; (iii) by striking subparagraph (C); (iv) in subparagraph (E), by striking “Planning Council” and inserting “Developmental Disabilities Council authorized under part B”; (v) in subparagraph (F), by striking “and” at the end thereof; and (vi) in subparagraph (G)— (I) in clause (i), by striking “person” each place such term appears and inserting “individual”; (II) in the matter preceding subclause (I) of clause (ii), by striking “person” and inserting “individual”; (III) in clause (ii)(I), by striking “by reason of the mental or physical condition of such person” and inserting “by reason of such individual’s mental or physical condition”; (IV) in clause (ii)(III), by striking “person” and inserting “individual”; (V) in clause (iii), by realigning the margins of subclauses (I), (II), and (III) so as to align with the margins of subclauses (I), (II), and (III) of clause (ii); (VI) in clause (iii), by striking “(iii) any” and inserting the following: “(iii) any” (VII) in clause (iii)(III), by striking “person” and inserting “individual”; (vii) by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (E), (F), (G), and (I), respectively; (viii) by inserting after subparagraph (B) the following new subparagraphs: “(C) on an annual basis, develop a statement of objectives and priorities for the system’s activities; and “(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, the Older Americans Act of 1965, and the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and with other related programs, including the parent training and information centers, education ombudsman programs and assistive technology projects;”; 108 STAT. 316 (ix) by inserting after subparagraph (G), as so redesignated in clause (vii), the following new subparagraph: “(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,”; (x) by adding at the end the following new subparagraphs: “(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 Act; “(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;”; (D) by striking paragraphs (3) and (5); (E) in paragraph (4)— (i) by striking “the State” and all that follows through “provided with” and inserting “the State must provide to the system”; (ii) by striking “1902(a)(31)(B)” and inserting “1902(a)(31)”; and (iii) by redesignating such paragraph as paragraph (3); and (F) by adding at the end the following new paragraph: “(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.”; (2) in subsection (b)— (A) by striking “(b)(1) To” and inserting the following: “(b) Allotments.— “(1) In general.— To”; (B) in paragraph (1)— (i) in subparagraph (A), to read as follows: “(A) the total amount appropriated under section 143 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 Common 108 STAT. 317 wealth 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 sub-section (d)); 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 sub-section (d)).”; and (ii) in subparagraph (B), to read as follows: “(B) the total amount appropriated under section 143 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 Common-wealth 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 sub-section (d)); 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 sub-section (d)).”; (C) by realigning the margins of subparagraphs (A) and (B) of paragraph (2) so as to align with subparagraphs (A) through (C) of subsection (a)(4); (D) by realigning the margins of paragraphs (2) through (4) so as to align with paragraph (4) of subsection (a); (E) in paragraph (2), by striking “In any case” and inserting “Increase In Allotments .—In any case”; (F) in paragraph (3), by striking “A State” and inserting “Monitoring the administration of the system.—A State”; (G) in paragraph (4), by striking “Notwithstanding” and inserting “Reduction Of Allotment.—Notwithstanding”; and 108 STAT. 318 (H) by inserting at the end the following new paragraph: “(5) Technical assistance and American Indian consortium.— In any case in which amounts appropriated under section 143 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 title; and “(B) provide grants in accordance with paragraph (1)(A)(i) to American Indian Consortiums to provide protection and advocacy services.”; (3) in subsection (c), by striking “Any amount” and inserting “Unobligated Funds—Any amount”; (4) in subsection (d)— (A) in the matter preceding paragraph (1), by striking “In States” and inserting “Governing board.—In States”; (B) in paragraph (1), by inserting before the 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”; (C) in paragraph (2), by striking “and” at the end thereof; (D) in paragraph (3), by striking the period and inserting “; and”; and (E) by adding at the end the following new paragraph: “(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.”; (5) in subsection (e), by striking “As used” and inserting “Records.—As used”; (6) in subsection (f)— (A) by striking “If the” and inserting “Access to records.—If the”; and (B) in the matter preceding paragraph (1) by striking “persons” and inserting “individuals”; (7) in subsection (g)— (A) by striking “(g)(1) Nothing” and inserting the following: “(g) Legal Action.— “(1) In general.— (B) in paragraph (1), by striking “persons” and inserting “individuals”; and (C) in paragraph (2), by striking “(2) Amounts” and inserting the following: “(2) Use of amounts from judgment.— Amounts”; 108 STAT. 319 (8) in subsection (h), by striking “Notwithstanding” and inserting “Payment to Systems.—Notwithstanding”; (9) by redesignating subsections (b) through (h) as sub-sections (c) through (i), respectively; (10) by inserting after subsection (a) the following new subsection: “(b) American Indian Consortium.—Upon application to the Secretary, an American Indian consortium, as defined in section 102, established to provide protection and advocacy services under this part, shall receive funding pursuant to subsection (c)(5). Such consortium shall coordinate activities with existing systems.”; and (11) by adding at the end the following new subsections: “(j) Disclosure of Information.—For purposes of any periodic audit, report, or evaluation required under this Act, 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 part 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.”.