168 
legal representative of such individual, has author-
ized the agency to have such access; 
(8) hire and maintain sufficient numbers and 
types of staff (qualified by training and experience) 
to carry out the agency’s functions, except that the 
State involved shall not apply hiring freezes, reduc-
tions in force, prohibitions on travel, or other poli-
cies to the staff of the agency, to the extent that 
such policies would impact the staff or functions of 
the agency funded with Federal funds or would pre-
vent the agency from carrying out the functions of 
the system under this subtitle; 
(9) have the authority to educate policymakers; 
and 
(10) provide assurances to the Secretary that 
funds allotted to the State under section 433 will be 
used to supplement, and not supplant, the non-Fed-
eral funds that would otherwise be made available 
for the purposes for which the allotted funds are 
provided. 
(d) AMERICAN INDIAN CONSORTIUM.— 
(1) IN GENERAL.—Upon application to the Sec-
retary, the Secretary shall allot funds to one or more 
American Indian consortium established to provide 
services under this subtitle, in accordance with sec-
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tion 433(a)(5). Such funds shall be used to support 
services under this subtitle. 
(2) COORDINATION OF SYSTEMS.—An American 
Indian consortium under paragraph (1) shall be con-
sidered to be a system for purposes of this subtitle 
and shall coordinate those services with other sys-
tems serving the same geographic area. 
(3) RESPONSIBLE PARTY.—The tribal council 
that designates the consortium shall carry out the 
responsibilities and exercise the authorities specified 
for a State in this subtitle, with regard to the con-
sortium. 
SEC. 435. ADMINISTRATION. 
(a) GOVERNING BOARD.—The system described in 
section 434 shall be organized as a private nonprofit entity 
with a multimember governing board, and such governing 
board shall be selected according to the policies and proce-
dures of the system, except that— 
(1) the governing board shall be composed of 
members who broadly represent or are knowledge-
able about the needs of the individuals served by the 
system; 
(2) a majority of the members of the board 
shall be— 
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(A) attorneys representing the interests of 
workers; 
(B) advocates for workers with experience 
working to protect or expand workers’ rights; or 
(C) workers who have experienced employ-
ment discrimination; 
(3) not more than 1⁄3 of the members of the 
governing board may be appointed by the chief exec-
utive officer of the State involved, in the case of any 
State in which such officer has the authority to ap-
point members of the board; 
(4) the membership of the governing board 
shall be subject to term limits set by the system to 
ensure rotating membership; and 
(5) any vacancy in the board shall be filled not 
later than 60 days after the date on which the va-
cancy occurs. 
(b) LEGAL ACTION.— 
(1) IN GENERAL.—Nothing in this subtitle shall 
preclude a system from bringing a suit on behalf of 
individuals described in section 434(c)(1)(A) 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 
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be used by the system to further the purpose of this 
subtitle and shall not be used to augment payments 
to legal contractors or to award personal bonuses. 
(c) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.— 
The Secretary shall provide advance public notice of, and 
solicit public comments regarding, any Federal pro-
grammatic or administrative onsite review of a system 
conducted under this subtitle. 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 notice and public 
comment solicitation shall be included in the onsite visit 
report. 
(d) REPORTS.— 
(1) IN GENERAL.—Beginning for the fiscal year 
after the fiscal year during which this Act is en-
acted, each system established in a State pursuant 
to this subtitle shall annually prepare and transmit 
to the Secretary a report that describes the activi-
ties, accomplishments, and expenditures of the sys-
tem during the preceding fiscal year, including— 
(A) a description of the system’s goals, the 
extent to which the goals were achieved, and 
barriers to that achievement; and 
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(B) the process used to obtain public 
input, the nature of such input, and how such 
input was used. 
(2) DISCLOSURE OF INFORMATION.—For pur-
poses of the report described in paragraph (1) the 
Secretary shall not require the system disclose the 
identity of, or any other personally identifiable infor-
mation related to, any individual requesting assist-
ance from the system. 
SEC. 436. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for allot-
ments under section 433 such sums as may be necessary. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act and the amendments 
made by this Act, and the application of the provision or 
amendment to any other person or circumstance, shall not 
be affected. 
Æ 
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