Page:United States Statutes at Large Volume 108 Part 1.djvu/342

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108 STAT. 316 PUBLIC LAW 103-230—APR. 6, 1994 (ix) by inserting after subparagraph (G), as so redesignated in clause (vii), the following new subparagraph: "(H) have access at reasonable times and locations to any resident who is an individual with a developmental disability in a facility that is providing services, supports, and other assistance to such a resident;"; (x) by adding at the end the following new subparagraphs: "(J) hire and maintain sufficient numbers and types of staff, qualified by training and experience, to carry out such system's function except that such State shall not apply hiring freezes, reductions in force, prohibitions on staff" travel, or other policies, to the extent that such policies would impact staff" or functions funded with Federal funds and would prevent the system from carrying out its functions under this Act; "(K) have the authority to educate policymakers; and "(L) 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;"; (D) by striking paragraphs (3) and (5); (E) in paragraph (4)— (i) by striking "the State" and all that follows through "provided with" and inserting "the State must provide to the system"; (ii) by striking "1902(a)(31)(B)" and inserting " 1902(a)(31)"; and (iii) iDy redesignating such paragraph as paragraph (3); and (F) by adding at the end the following new paragraph: "(4) the agency implementing the system will not be redesignated unless there is good cause for the redesignation and unless— "(A) notice has been given of the intention to make such redesignation to the agency that is serving as the system including the good cause for such redesignation and the agency has been given an opportunity to respond to the assertion that good cause has been shown; "(B) timely notice and opportunity for public comment in an accessible format has been given to individuals with developmental disabilities or their representatives; and "(C) the system has the opportunity to appeal to the Secretary that the redesignation was not for good cause."; (2) in subsection (b)— (A) by striking "(b)(1) To" and inserting the following: "(b) ALLOTMENTS. — "(1) IN GENERAL.—To"; (B) in paragraph (1)— (i) in subparagraph (A), to read as follows: "(A) the total amount appropriated under section 143 for a fiscal year is at least $20,000,000— "(i) the allotment of each of American Samoa, Guam, the United States Virgin Islands, the Common-