Page:United States Statutes at Large Volume 112 Part 2.djvu/280

 112 STAT. 1164 PUBLIC LAW 105-220—AUG. 7, 1998 "(11) individuals with disabilities or the individuals' representatives have timely notice of the redesignation and opportunity for public comment; and "(III) the agency has the opportunity to appeal to the Commissioner on the basis that the redesignation was not for good cause. "(ii) If, after the date of enactment of the Rehabilitation Act Amendments of 1998— "(I) a designated State agency undergoes any change in the organizational structure of the agency that results in the creation of one or more new State agencies or departments or results in the merger of the designated State agency with one or more other State agencies or departments; and "(II) an agency (including an office or other unit) within the designated State agency was conducting a client assistance program before the change under the last sentence of subparagraph (A), the Governor shall redesignate the agency conducting the program. In conducting the redesignation, the Grovernor shall designate to conduct the program an agency that is independent of 8iny agency that provides treatment, services, or rehabilitation to individuals with disabilities under this Act. "(2) In carrying out the provisions of this section, the GrOvemor shall consult with the director of the State vocational rehabilitation agency, the head of the developmental disability protection and advocacy agency, and with representatives of professional and consumer organizations serving individu£ds with disabilities in the State. "(3) The agency designated under this subsection shall be accountable for the proper use of funds made available to the agency. "(d) The agency designated under subsection (c) of this section may not bring any class action in carrying out its responsibilities under this section. "(e)(1)(A) The Secretary shall allot the sums appropriated for each fiscal year under this section among the States on the basis of relative population of each State, except that no State shall receive less than $50,000. "(B) The Secretary shall allot $30,000 each to American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands. "(C) For the purpose of this paragraph, the term 'State' does not include American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands. "(D)(i) In any fiscal year that the funds appropriated for such fiscal year exceed $7,500,000, the minimum allotment shall be $100,000 for States and $45,000 for territories. "(ii) For any fiscal year in which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase in the total amount appropriated under such subsection between the preceding fiscal year and the fiscal year involved. "(2) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for

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