§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

(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-

(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.

(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-

(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.

(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, §142, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2679 ; amended Pub. L. 100–146, title III, §301, Oct. 29, 1987, 101 Stat. 851 ; Pub. L. 101–496, §15, Oct. 31, 1990, 104 Stat. 1198 ; Pub. L. 103–230, title III, §303, Apr. 6, 1994, 108 Stat. 314 .)

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 (§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 (§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 (§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, §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, §126, as added Pub. L. 94–103, title I, §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, §509, Nov. 6, 1978, 92 Stat. 3008 .

Amendments

1994-Pub. L. 103–230, §303(a), reenacted section catchline without change.

Subsec. (a). Pub. L. 103–230, §303(b)(1)(A), inserted heading.

Subsec. (a)(1). Pub. L. 103–230, §303(b)(1)(B), substituted "individuals" for "persons".

Subsec. (a)(2)(A). Pub. L. 103–230, §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, §303(b)(1)(C)(i), substituted "individuals" for "persons".

Subsec. (a)(2)(C). Pub. L. 103–230, §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, §303(b)(1)(C)(vii), (viii), added subpar. (D) and redesignated former subpar. (D) as (E).

Pub. L. 103–230, §303(b)(1)(C)(i), substituted "individuals" for "persons".

Subsec. (a)(2)(E). Pub. L. 103–230, §303(b)(1)(C)(vii), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).

Pub. L. 103–230, §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, §303(b)(1)(C)(vii), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G).

Pub. L. 103–230, §303(b)(1)(C)(i), (v), substituted "individuals" for "persons" and struck out "and" after "disabilities;".

Subsec. (a)(2)(G). Pub. L. 103–230, §303(b)(1)(C)(vii), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (I).

Subsec. (a)(2)(G)(i). Pub. L. 103–230, §303(b)(1)(C)(vi)(I), substituted "individual" for "person" wherever appearing.

Subsec. (a)(2)(G)(ii). Pub. L. 103–230, §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, §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, §303(b)(1)(C)(ix), added subpar. (H).

Subsec. (a)(2)(I). Pub. L. 103–230, §303(b)(1)(C)(vii), redesignated subpar. (G) as (I).

Subsec. (a)(2)(J) to (L). Pub. L. 103–230, §303(b)(1)(C)(x), added subpars. (J) to (L).

Subsec. (a)(3). Pub. L. 103–230, §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, §303(b)(1)(E)(iii), (F), added par. (4) and redesignated former par. (4) as (3).

Pub. L. 103–230, §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, §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, §303(b)(9), (10), added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 103–230, §303(b)(2)(A), inserted heading.

Subsec. (b)(1). Pub. L. 103–230, §303(b)(2)(A), inserted heading.

Subsec. (b)(1)(A). Pub. L. 103–230, §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, §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, §303(b)(2)(C)–(G), inserted headings and realigned margins.

Subsec. (b)(5). Pub. L. 103–230, §303(b)(2)(H), added par. (5).

Subsec. (c). Pub. L. 103–230, §303(b)(9), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Pub. L. 103–230, §303(b)(3), inserted heading.

Subsec. (d). Pub. L. 103–230, §303(b)(9), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 103–230, §303(b)(4)(A), inserted heading.

Subsec. (d)(1). Pub. L. 103–230, §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, §303(b)(4)(C)–(E), added par. (4).

Subsec. (e). Pub. L. 103–230, §303(b)(9), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Pub. L. 103–230, §303(b)(5), inserted heading.

Subsec. (f). Pub. L. 103–230, §303(b)(9), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Pub. L. 103–230, §303(b)(6), inserted heading and substituted "individuals" for "persons" in introductory provisions.

Subsec. (g). Pub. L. 103–230, §303(b)(9), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Pub. L. 103–230, §303(b)(7)(A), inserted heading.

Subsec. (g)(1). Pub. L. 103–230, §303(b)(7)(A), (B), inserted heading and substituted "individuals" for "persons" in text.

Subsec. (g)(2). Pub. L. 103–230, §303(b)(7)(C), inserted heading.

Subsec. (h). Pub. L. 103–230, §303(b)(9), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Pub. L. 103–230, §303(b)(8), inserted heading.

Subsec. (i). Pub. L. 103–230, §303(b)(9), redesignated subsec. (h) as (i).

Subsecs. (j), (k). Pub. L. 103–230, §303(b)(11), added subsecs. (j) and (k).

1990-Subsec. (a)(2)(C). Pub. L. 101–496, §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, §15(1)(B), struck out "and" at end.

Subsec. (a)(2)(G)(ii)(III). Pub. L. 101–496, §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, §15(1)(E), added cl. (iii).

Subsec. (a)(5). Pub. L. 101–496, §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, §15(2), substituted "the Secretary shall" for "the Secretary may".

Subsecs. (d) to (h). Pub. L. 101–496, §15(3), added subsecs. (d) to (h).

1987-Subsec. (a)(2)(A). Pub. L. 100–146, §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, §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, §301(a)(1), redesignated subpars. (B) and (C) as (E) and (F), respectively.

Subsec. (a)(2)(G). Pub. L. 100–146, §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, §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, §301(c)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (b).

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.

¹ So in original. The word "and" probably should not appear.

² So in original. Probably should be "individual".

³ So in original. Probably should be capitalized.

⁴ See References in Text note below.