Page:United States Statutes at Large Volume 114 Part 3.djvu/620

 114 STAT. 1718 PUBLIC LAW 106-402—OCT. 30, 2000 42 USC 15045. (4) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs; and (5) in a State in which the system is organized as a public system without a multimember governing or advisory board, the system shall establish an advisory council— (A) that shall advise the system on policies and priorities to be carried out in protecting and advocating the rights of individuals with developmental disabilities; and (B) on which a majority of the members shall be— (i) individuals with developmental disabilities who are eligible for services, or have received or are receiving services, through the system; or (ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i). (b) LEGAL ACTION. — (1) IN GENERAL.—Nothing in this title shall preclude a system from bringing a suit on behalf of individuals with developmental disabilities against a State, or an agency or instrumentality of a State. (2) USE OF AMOUNTS FROM JUDGMENT.An amount received pursuant to a suit described in paragraph (1) through a court judgment may only be used by the system to further the purpose of this subtitle and shall not be used to augment pa5anents to legal contractors or to award personal bonuses. (3) LIMITATION. — The system shall use assistance provided under this subtitle in a manner consistent with section 5 of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14404). (c) DISCLOSURE OF INFORMATION.—For purposes of any periodic audit, report, or evaluation required under this subtitle, the Secretary shall not require an entity carrying out a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program. (d) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.— The Secretary shall provide advance public notice of any Federal programmatic or administrative onsite review of a system conducted under this subtitle and solicit public comment on the system through such notice. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. The comments received in response to the public comment solicitation notice shall be included in the onsite visit report. (e) REPORTS. —Beginning in fiscal year 2002, each system established in a State pursuant to this subtitle shall annually prepare and transmit to the Secretary a report that describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year, including a description of the system's goals, the extent to which the goals were achieved, barriers to their achievement, the process used to obtain public input, the nature of such input, and how such input was used. SEC. 145. AUTHORIZATION OF APPROPRIATIONS. For allotments under section 142, there are authorized to be appropriated $32,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.

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