Page:United States Statutes at Large Volume 98 Part 3.djvu/307

 PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2679

section 1254 of title 28, United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 130. For allotments under section 125, there are authorized to be appropriated $50,250,000 for fiscal year 1985, $53,400,000 for fiscal year 1986, and $56,500,000 for fiscal year 1987.

42 USC 6030. Ante, p. 2676.

"PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS "PURPOSE

"SEC. 141. It is the purpose of this part to provide for allotments to support a system in each State to protect the legal and human rights of persons with developmental disabilities in accordance with section 142.

42 USC 6041.

"SYSTEM REQUIRED

"SEC. 142. (a) In order for a State to receive an allotment under partB— "(1) the State must have in effect a system to protect and advocate the rights of persons with developmental disabiliti®; "(2) such system must— "(A) 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; "(B) not be administered by the State Planning Council; "(C) be independent of any agency which provides treatment, services, or habilitation to persons with developmental disabilities; and "(D) except as provided in subsection (b), 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; "(3) 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; "(4) the State must provide assurances to the Secretary that such system will be provided with a copy of each annual survey report and plan of corrections for cited deficiencies made pursuant to section 1902(a)(31XB) of the Social Security Act 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

42 USC 6042.

Report, 42 USC I396a.

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