104 STAT. 1200 PUBLIC LAW 101-496—OCT. 31, 1990 Health records. 42 USC 6043. Colleges and universities. Educational study progreims. Medical research. 42 USC 6062. "(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; "(2) not more than Va 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; and "(3) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs, "(e) 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. "(f) If the laws of a State prohibit a system from obtaining access to records of persons with developmental disabilities the provisions of subparagraph (A) of paragraph (2) of subsection (a) 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 the date of enactment of this Act, whichever occurs first. "(g)(l) Nothing in this Act shall preclude the systems described under this section from bringing a suit on behalf of persons with developmental disabilities against a State, or agencies or instrumentalities of a State. "(2) Amounts received pursuant to paragraph (1) through court judgments and used by the system are limited to furthering the purpose of this part and shall not be used to augment payments to legal contractors or to award personal bonuses. "(h) 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.". SEC. 16. PART C AUTHORIZATION OF APPROPRIATIONS. Section 143 of the Act is amended by striking "$20,000,000" and all that follows through the period at the end thereof and inserting "$24,200,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 and 1993.". SEC. 17. GRANT AUTHORITY. Section 152 of the Act is amended— (1) in subsection (b)(D— (A) by striking "sufficient size and scope" in subparagraph (A); (B) by striking "and community-based" in subparagraph (A) and inserting "community-based"; and (C) by striking the period at the end of subparagraph (A) and inserting the following: ", positive behavior management programs (as described in paragraph (5)), assistive technology programs (as described in paragraph (6)) and programs in other areas qf national significance as determined by the university affiliated program, in consultation
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