Page:United States Statutes at Large Volume 106 Part 5.djvu/794

 106 STAT. 4432 PUBLIC LAW 102-569—OCT. 29, 1992 All Urban Consumers (U.S. city average) during the period ending on April 1 of the fiscal year preceding the fiscal year for whicn the allotment is to be made. "(d) PROPORTIONAL REDUCTION. — Amounts necessary to provide allotments to systems within States in accordance with subsection (c)(3)(B) as increased under subsection (c)(5), or to provide allotments in accordance with subsection (c)(4)(B) as increased in accordance with subsection (c)(5), shall be derived by proportionately reducing the allotments of the remaining systems within States under subsection (c)(3), but with such adjustments as may be necessary to prevent the allotment of any such remaining systems within States from being thereby reduced to less than the greater of $100,000 or one-third of one percent of the simis made available for purposes of this section for the fiscal year for which the allotment is made, as increased in accordance with subsection (c)(5). "(e) REALLOTMENT.—Whenever the Commissioner determines that any amount of an allotment to a system within a State for any fiscal year described in subsection (c)(1) will not be expended by such system in carrying out the provisions of this section, the Commissioner shall maice such amount available for carrying out the provisions of this section to one or more of the systems that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year. "(f) APPLICATION.—In order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such form and manner, and containing such information and assurances as the Commissioner determines necessary to meet the requirements of this section, including assurances that the eligible system will— "(1) have in effect a system to protect and advocate the rights of individuals with disabilities; "(2) have the same general authorities, including access to records and program income, as are set forth in part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.); "(3) have the authority to 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 ineligible for protection and advocacy programs under part C of the Developmental Disabilities Assistance and Bill or Rights Act (42 U.S.C. 6041 et seq.) and the Protection and Advocacy for Mentally 111 Individuals Act of 1986 (42 U.S.C. 10801 et seq.) or client assistance programs under section 112; "(4) provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State; "(5) develop a statement of objectives and priorities on an annual basis, and provide to the public, including individuals with disabilities and, as appropriate, their representatives, an opportunity to comment on the objectives and priorities established by, and activities of, the system including—

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