
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6024]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
 SUBCHAPTER II--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES 
                                COUNCILS
 
Sec. 6024. State Developmental Disabilities Councils and 
        designated State agencies
        

(a) In general

    Each State that receives assistance under this subchapter shall 
establish and maintain a State Developmental Disabilities Council 
(hereafter in this section referred to as the ``Council'') to promote, 
through systemic change, capacity building, and advocacy activities 
(consistent with section 6000(c)(2) of this title), the development of a 
consumer and family-centered comprehensive system and a coordinated 
array of culturally competent services, supports and other assistance 
designed to achieve independence, productivity, and integration and 
inclusion into the community for individuals with developmental 
disabilities. The Council shall have the authority to fulfill its 
responsibilities described in subsection (c) of this section.

(b) Council membership

                      (1) Council appointments

        The members of the Council of a State shall be appointed by the 
    Governor of the State from among the residents of that State. The 
    Governor shall select members of the Council, at his or her 
    discretion, after soliciting recommendations from organizations 
    representing a broad range of individuals with developmental 
    disabilities and individuals interested in individuals with 
    developmental disabilities, including the non-State agency members 
    of the Council. The Council may, at the request of the Governor, 
    coordinate Council and public input to the Governor regarding all 
    recommendations. To the extent feasible, the membership of the 
    Council shall be geographically representative of the State and 
    reflect the diversity of the State with respect to race and 
    ethnicity.

                       (2) Membership rotation

        The Governor shall make appropriate provisions to rotate the 
    membership of the Council. Such provisions shall allow members to 
    continue to serve on the Council until such members' successors are 
    appointed. The Council shall notify the Governor regarding 
    membership requirements, when vacancies remain unfilled for a 
    significant period of time.

          (3) Representation of agencies and organizations

        Each Council shall at all times include representatives of the 
    principal State agencies (including the State agencies that 
    administer funds provided under the Rehabilitation Act of 1973 [29 
    U.S.C. 701 et seq.], the Individuals with Disabilities Education Act 
    [20 U.S.C. 1400 et seq.], the Older Americans Act [42 U.S.C. 3001 et 
    seq.], and title XIX of the Social Security Act [42 U.S.C. 1396 et 
    seq.]), institutions of higher education, each university affiliated 
    program in the State established under subchapter IV of this 
    chapter, the State protection and advocacy system established under 
    subchapter III of this chapter, and local agencies, nongovernmental 
    agencies, and private nonprofit groups concerned with services for 
    individuals with developmental disabilities in the State in which 
    such agencies and groups are located. Such representatives shall--
            (A) have sufficient authority to engage in policy planning 
        and implementation on behalf of the department, agency, or 
        program such representatives represent; and
            (B) recuse themselves from any discussion of grants or 
        contracts for which such representatives' departments, agencies, 
        or programs are grantees or applicants and comply with the 
        conflict of interest policies required under section 
        6022(c)(5)(C) of this title.

        (4) Representation of individuals with developmental 
                                disabilities

        Not less than 50 percent of the membership of each Council shall 
    consist of individuals who are--
            (A)(i) individuals with developmental disabilities;
            (ii) parents or guardians of children with developmental 
        disabilities; or
            (iii) immediate relatives or guardians of adults with 
        mentally impairing developmental disabilities who cannot 
        advocate for themselves; and
            (B) not employees of a State agency that receives funds or 
        provides services under this subchapter, and who are not 
        managing employees (as defined in section 1126(b) of the Social 
        Security Act [42 U.S.C. 1320a-5(b)]) of any other entity that 
        receives funds or provides services under this subchapter.

          (5) Composition of membership with developmental 
                                disabilities

        Of the members of the Council described in paragraph (4)--
            (A) one-third shall be individuals with developmental 
        disabilities as described in paragraph (4)(A)(i);
            (B) one-third shall be parents of children with 
        developmental disabilities as described in paragraph (4)(A)(ii), 
        and immediate relatives or guardians of adults with mentally 
        impairing developmental disabilities as described in paragraph 
        (4)(A)(iii); and
            (C) one-third shall be a combination of individuals 
        described in paragraph (4)(A).

                  (6) Institutionalized individuals

        Of the members of the Council described in paragraph (5), at 
    least one shall be an immediate relative or guardian of an 
    institutionalized or previously institutionalized individual with a 
    developmental disability or an individual with a developmental 
    disability who resides or previously resided in an institution. This 
    paragraph shall not apply with respect to a State if such an 
    individual does not reside in that State.

(c) Council responsibilities

    A Council, through Council members, staff, consultants, contractors, 
or subgrantees, shall have the responsibilities described in paragraphs 
(1) through (11).

        (1) Systemic change, capacity building, and advocacy 
                                 activities

        The Council shall serve as an advocate for individuals with 
    developmental disabilities and conduct programs, projects, and 
    activities that carry out the purpose under section 6021 of this 
    title.

                  (2) Examination of priority areas

        Not less than once every 3 years, the Council shall examine the 
    provision of and need for the four Federal priority areas and an 
    optional State priority area to address, on a statewide and 
    comprehensive basis, urgent needs for services, supports, and other 
    assistance for individuals with developmental disabilities and their 
    families, pursuant to section 6022 of this title.

                     (3) State plan development

        The Council shall develop and submit to the Secretary the State 
    plan required under section 6022 of this title after consultation 
    with the designated State agency under the State plan. Such 
    consultation shall be solely for the purposes of obtaining State 
    assurances and ensuring consistency of the plan with State law.

                    (4) State plan implementation

        The Council shall implement the State plan by conducting and 
    supporting the Federal priority area of employment, not less than 
    one of the remaining three Federal priority areas, and an optional 
    State priority area as defined in section 6001 of this title, 
    through systemic change, capacity building, and advocacy activities 
    such as those described in subparagraphs (A) through (K).

        (A) Demonstration of new approaches

            The Council may conduct, on a time-limited basis, the 
        demonstration of new approaches to enhance the independence, 
        productivity, and integration and inclusion into the community 
        of individuals with developmental disabilities. This may include 
        making successful demonstrations generally available through 
        sources of funding other than funding under this subchapter, and 
        may also include assisting those conducting such successful 
        demonstration activities to develop strategies for securing 
        funding from other sources.

        (B) Outreach

            The Council may conduct activities to reach out to assist 
        and enable individuals with developmental disabilities and their 
        families who otherwise might not come to the attention of the 
        Council to obtain services, supports, and other assistance, 
        including access to special adaptation of generic services or 
        specialized services.

        (C) Training

            The Council may conduct training for individuals with 
        developmental disabilities, their families, and personnel 
        (including professionals, paraprofessionals, students, 
        volunteers, and other community members) to enable such 
        individuals to obtain access to, or to provide, services, 
        supports and other assistance, including special adaptation of 
        generic services or specialized services for individuals with 
        developmental disabilities and their families. To the extent 
        that training activities are provided, such activities shall be 
        designed to promote the empowerment of individuals with 
        developmental disabilities and their families.

        (D) Supporting communities

            The Council may assist neighborhoods and communities to 
        respond positively to individuals with developmental 
        disabilities and their families by encouraging local networks to 
        provide informal and formal supports and enabling communities to 
        offer such individuals and their families access, resources, and 
        opportunities.

        (E) Interagency collaboration and coordination

            The Council may promote interagency collaboration and 
        coordination to better serve, support, assist, or advocate for 
        individuals with developmental disabilities and their families.

        (F) Coordination with related councils, committees, and programs

            The Council may conduct activities to enhance coordination 
        with--
                (i) other councils or committees, authorized by Federal 
            or State law, concerning individuals with disabilities (such 
            as the State Interagency Coordinating Council under part H 
            \1\ of the Individuals with Disabilities Education Act, the 
            State Rehabilitation Advisory Council and the Statewide 
            Independent Living Council under the Rehabilitation Act of 
            1973 [29 U.S.C. 701 et seq.], the State Mental Health 
            Planning Council under part B of title XIX of the Public 
            Health Service Act [42 U.S.C. 300x et seq.] and other 
            similar councils or committees);
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    \1\ See References in Text note below.
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                (ii) parent training and information centers under part 
            D \1\ of the Individuals with Disabilities Education Act and 
            other federally funded projects that assist parents of 
            children with disabilities; and
                (iii) other groups interested in systemic change, 
            capacity building, and advocacy for individuals with 
            disabilities.

        (G) Barrier elimination, systems design, and citizen 
                participation

            The Council may conduct activities to eliminate barriers, 
        enhance systems design and redesign, and enhance citizen 
        participation to address issues identified in the State plan.

        (H) Public education and coalition development

            The Council may conduct activities to educate the public 
        about the capabilities, preferences, and needs of individuals 
        with developmental disabilities and their families and to 
        develop and support coalitions that support the policy agenda of 
        the Council, including training in self-advocacy, educating 
        policymakers, and citizen leadership skills.

        (I) Informing policymakers

            The Council may provide information to Federal, State, and 
        local policymakers, including the Congress, the Federal 
        executive branch, the Governor, State legislature, and State 
        agencies, in order to increase the ability of such policymakers 
        to offer opportunities and to enhance or adapt generic services 
        or provide specialized services to individuals with 
        developmental disabilities and their families by conducting 
        studies and analyses, gathering information, and developing and 
        disseminating model policies and procedures, information, 
        approaches, strategies, findings, conclusions, and 
        recommendations.

        (J) Prevention

            The Council may conduct prevention activities as defined in 
        section 6001 of this title.

        (K) Other activities

            The Council may conduct other systemic change, capacity 
        building, and advocacy activities to promote the development of 
        a consumer and family-centered comprehensive system and a 
        coordinated array of culturally competent services, supports and 
        other assistance designed to achieve independence, productivity, 
        and integration and inclusion into the community of individuals 
        with developmental disabilities throughout the State on a 
        comprehensive basis.

                      (5) State plan monitoring

        Not less than once each year, the Council shall monitor, review, 
    and evaluate the implementation and effectiveness of the State plan 
    in meeting such plan's objectives.

                (6) Review of designated State agency

        The Council shall periodically review the designated State 
    agency with respect to the activities carried out under this chapter 
    and make any recommendations for change to the Governor.

                             (7) Reports

        The Council shall submit to the Secretary, through the Governor, 
    periodic reports on its activities as the Secretary may reasonably 
    request, and keep such records and afford such access thereto as the 
    Secretary finds necessary to verify such reports.

                             (8) Budget

        Each Council shall prepare, approve, and implement a budget 
    using amounts paid to the State under this subchapter to fund and 
    implement all programs, projects, and activities under this 
    subchapter including--
            (A) conducting such hearings and forums as the Council may 
        determine to be necessary to carry out the duties of the 
        Council, reimbursing Council members of the Council for 
        reasonable and necessary expenses for attending Council meetings 
        and performing Council duties (including child care and personal 
        assistance services), paying compensation to a member of the 
        Council, if such member is not employed or must forfeit wages 
        from other employment, for each day such member is engaged in 
        performing the duties of the Council, supporting Council member 
        and staff travel to authorized training and technical assistance 
        activities including inservice training and leadership 
        development, and appropriate subcontracting activities;
            (B) hiring and maintaining sufficient numbers and types of 
        staff (qualified by training and experience) and obtaining the 
        services of such professional, consulting, technical, and 
        clerical personnel (qualified by training and experience), 
        consistent with State law, as the Council determines to be 
        necessary to carry out its functions under this subchapter, 
        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 
        Council from carrying out its functions under this chapter; and
            (C) directing the expenditure of funds for grants, 
        contracts, interagency agreements that are binding contracts, 
        and other activities authorized by the approved State plan.

                  (9) Staff hiring and supervision

        A Council shall, consistent with State law, recruit and hire a 
    Director of the Council, should the position of Director become 
    vacant, and supervise and annually evaluate the Director. The 
    Director shall hire, supervise, and annually evaluate the staff of 
    the Council. Council recruitment and hiring of staff shall be 
    consistent with Federal and State nondiscrimination laws. Dismissal 
    of personnel shall be consistent with State law and personnel 
    policies.

                       (10) Staff assignments

        The staff and other personnel, while working for the Council, 
    shall be responsible solely for assisting the Council in carrying 
    out its duties under this subchapter and shall not be assigned 
    duties by the designated State agency or any other agency or office 
    of the State.

                          (11) Construction

        (A) Activities of the Council

            Nothing in this subchapter shall be construed to preclude a 
        Council from engaging in systemic change, capacity building, and 
        advocacy activities for individuals with disabilities other than 
        developmental disabilities, where appropriate.

        (B) Authority of the Council

            Nothing in this chapter shall be construed to authorize a 
        Council to direct, control, or exercise any policymaking 
        authority or administrative authority over any program assisted 
        under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and 
        the Individuals with Disabilities Education Act (20 U.S.C. 1400 
        et seq.).

(d) Designated State agency

                           (1) In general

        Each State that receives assistance under this subchapter shall 
    designate the State agency that shall, on behalf of the State, 
    provide support to the Council. After April 6, 1994, any designation 
    of a State agency shall be made in accordance with the requirements 
    of this subsection.

                           (2) Designation

        (A) Type of agency

            Except as provided in this subsection, the designated State 
        agency shall be--
                (i) the Council if such Council may be the designated 
            State agency under the laws of the State;
                (ii) a State agency that does not provide or pay for 
            services made available to individuals with developmental 
            disabilities; or
                (iii) a State office, including the immediate office of 
            the Governor of the State or a State planning office.

        (B) Conditions for continuation of State service agency 
                designation

            (i) Designation before April 6, 1994

                If a State agency that provides or pays for services for 
            individuals with developmental disabilities was a designated 
            State agency for purposes of this subchapter on April 6, 
            1994, and the Governor of the State (or legislature, where 
            appropriate and in accordance with State law) determines 
            prior to June 30, 1994, not to change the designation of 
            such agency, such agency may continue to be a designated 
            State agency for purposes of this subchapter.
            (ii) Criteria for continued designation

                The determination at the discretion of the Governor (or 
            legislature as the case may be) shall be made after the 
            Governor has considered the comments and recommendations of 
            the general public and a majority of the non-State agency 
            members of the Council with respect to the designation of 
            such State agency, and after the Governor (or legislature as 
            the case may be) has made an independent assessment that the 
            designation of such agency shall not interfere with the 
            budget, personnel, priorities, or other action of the 
            Council, and the ability of the Council to serve as an 
            advocate for individuals with developmental disabilities.

        (C) Review of designation

            After April 1, 1994, the Council may request a review of the 
        designation of the designated State agency by the Governor (or 
        legislature as the case may be). The Council shall provide 
        documentation concerning the reason the Council desires a change 
        to be made and make a recommendation to the Governor (or 
        legislature as the case may be) regarding a preferred designated 
        State agency.

        (D) Appeal of designation

            After the review is completed under subparagraph (C), a 
        majority of the non-State agency members of the Council may 
        appeal to the Secretary for a review of the designation of the 
        designated State agency if Council independence as an advocate 
        is not assured because of the actions or inactions of the 
        designated State agency.

                        (3) Responsibilities

        The designated State agency shall, on behalf of the State, have 
    the responsibilities described in subparagraphs (A) through (F).

        (A) Support services

            The designated State agency shall provide required 
        assurances and support services as requested by and negotiated 
        with the Council.

        (B) Fiscal responsibilities

            The designated State agency shall--
                (i) receive, account for, and disperse funds under this 
            subchapter based on the State plan required in section 6022 
            of this title; and
                (ii) provide for such fiscal control and fund accounting 
            procedures as may be necessary to assure the proper 
            dispersement of, and accounting for, funds paid to the State 
            under this subchapter.

        (C) Records, access, and financial reports

            The designated State agency shall keep such records and 
        afford access thereto as the Secretary and the Council determine 
        necessary. The designated State agency, if other than the 
        Council, shall provide timely financial reports at the request 
        of the Council regarding the status of expenditures, 
        obligations, liquidation, and the Federal and non-Federal share.

        (D) Non-Federal share

            The designated State agency, if other than the Council, 
        shall provide the required non-Federal share defined in section 
        6025a(c) of this title.

        (E) Assurances

            The designated State agency shall assist the Council in 
        obtaining the appropriate State plan assurances and in ensuring 
        that the plan is consistent with State law.

        (F) Memorandum of understanding

            On the request of the Council, the designated State agency 
        shall enter into a memorandum of understanding with the Council 
        delineating the roles and responsibilities of the designated 
        State agency.

            (4) Use of funds for designated State agency 
                              responsibilities

        (A) Necessary expenditures of State designated agency

            At the request of any State, a portion of any allotment or 
        allotments of such State under this subchapter for any fiscal 
        year shall be available to pay up to one-half (or the entire 
        amount if the Council is the designated State agency) of the 
        expenditures found necessary by the Secretary for the proper and 
        efficient exercise of the functions of the State designated 
        agency, except that not more than 5 percent of the total of the 
        allotments of such State for any fiscal year, or $50,000, 
        whichever is less, shall be made available for the total 
        expenditure for such purpose by the State agency designated 
        under this subsection.

        (B) Condition for Federal funding

            Amounts shall be provided under subparagraph (A) to a State 
        for a fiscal year only on condition that there shall be expended 
        from State sources for carrying out the responsibilities of the 
        designated State agency under paragraph (3) not less than the 
        total amount expended for carrying out such responsibilities 
        from such sources during the previous fiscal year, except in 
        such year as the Council may become the designated State agency.

        (C) Support services provided by other agencies

            With the agreement of the designated State agency, the 
        Council may use or contract with agencies other than the 
        designated State agency to perform the functions of the 
        designated State agency.

(e) 1990 report

    Not later than January 1, 1990, each Council shall complete the 
reviews, analyses, and final report described in this section.

                (1) Comprehensive review and analysis

        Each Council shall conduct a comprehensive review and analysis 
    of the eligibility for services provided, and the extent, scope, and 
    effectiveness of, services provided and functions performed by, all 
    State agencies (including agencies that provide public assistance) 
    that affect or that potentially affect the ability of individuals 
    with developmental disabilities to achieve the goals of 
    independence, productivity, and integration and inclusion into the 
    community, including individuals with developmental disabilities 
    attributable to physical impairment, mental impairment, or a 
    combination of physical and mental impairments.

                      (2) Consumer satisfaction

        Each Council shall conduct a review and analysis of the 
    effectiveness of, and consumer satisfaction with, the functions 
    performed by, and services provided or paid for from Federal and 
    State funds by, each of the State agencies (including agencies that 
    provide public assistance) responsible for performing functions for, 
    and providing services to, all individuals with developmental 
    disabilities in the State. Such review and analysis shall be based 
    upon a survey of a representative sample of individuals with 
    developmental disabilities receiving services from each such agency, 
    and if appropriate, shall include such individuals' families.

                    (3) Public review and comment

        Each Council shall convene public forums, after the provision of 
    notice within the State, in order to--
            (A) present the findings of the reviews and analyses 
        prepared under paragraphs (1) and (2);
            (B) obtain comments from all interested individuals in the 
        State regarding the unserved and underserved populations of 
        individuals with developmental disabilities that result from 
        physical impairment, mental impairment, or a combination of 
        physical and mental impairments; and
            (C) obtain comments on any proposed recommendations 
        concerning the removal of barriers to services for individuals 
        with developmental disabilities and to connect such services to 
        existing State agencies by recommending the designation of one 
        or more State agencies, as appropriate, to be responsible for 
        the provision and coordination of such services.

                      (4) Basis for State plan

        Each Council shall utilize the information developed pursuant to 
    paragraphs (1), (2), and (3) in developing the State plan.

(Pub. L. 88-164, title I, Sec. 124, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2675; amended Pub. L. 100-146, title II, 
Sec. 204, Oct. 29, 1987, 101 Stat. 849; Pub. L. 101-496, Sec. 12, Oct. 
31, 1990, 104 Stat. 1197; Pub. L. 102-119, Sec. 26(b), Oct. 7, 1991, 105 
Stat. 607; Pub. L. 103-230, title II, Sec. 205, Apr. 6, 1994, 108 Stat. 
302.)

                       References in Text

    The Rehabilitation Act of 1973, referred to in subsecs. (b)(3) and 
(c)(4)(F)(i), (11)(B), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, 
as amended, which is classified generally to chapter 16 (Sec. 701 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 701 of Title 29 and 
Tables.
    The Individuals with Disabilities Education Act, referred to in 
subsecs. (b)(3) and (c)(4)(F), (11)(B), is title VI of Pub. L. 91-230, 
Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally 
to chapter 33 (Sec. 1400 et seq.) of Title 20, Education. Part D of the 
Act was classified generally to subchapter IV (Sec. 1431 et seq.) of 
chapter 33 of Title 20 and was omitted in the general amendment of that 
subchapter by Pub. L. 105-17, title I, Sec. 101, June 4, 1997, 111 Stat. 
37. Pub. L. 105-17 enacted a new part D, which is classified generally 
to subchapter IV (Sec. 1451 et seq.) of chapter 33 of Title 20. Part H 
of the Act was classified generally to subchapter VIII (Sec. 1471 et 
seq.) of chapter 33 of Title 20, prior to repeal by Pub. L. 105-17, 
title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 
1998. For complete classification of this Act to the Code, see section 
1400 of Title 20 and Tables.
    The Older Americans Act, referred to in subsec. (b)(3), probably 
means the Older Americans Act of 1965, Pub. L. 89-73, July 14, 1965, 79 
Stat. 218, as amended, which is classified generally to chapter 35 
(Sec. 3001 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 3001 of this 
title and Tables.
    The Social Security Act, referred to in subsec. (b)(3), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Social 
Security Act is classified generally to subchapter XIX (Sec. 1396 et 
seq.) of chapter 7 of this title. For complete classification of this 
Act to the Code, see section 1305 of this title and Tables.
    The Public Health Service Act, referred to in subsec. (c)(4)(F)(i), 
is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part B of title 
XIX of the Act is classified generally to part B (Sec. 300x et seq.) of 
subchapter XVII of chapter 6A of this title. For complete classification 
of this Act to the Code, see Short Title note set out under section 201 
of this title and Tables.
    This chapter, referred to in subsec. (c)(6), (8)(B), (11)(B), was in 
the original ``this Act'' and was translated as reading ``this title'', 
meaning title I of Pub. L. 88-164, known as the Developmental 
Disabilities Assistance and Bill of Rights Act, to reflect the probable 
intent of Congress.


                               Amendments

    1994--Pub. L. 103-230 amended section generally, substituting 
section catchline for one which read ``State Planning Councils'', in 
subsecs. (a) and (b), provisions relating to establishment and 
membership of State Developmental Disabilities Councils for similar 
provisions relating to State Planning Councils, in subsec. (c), 
provisions relating to responsibilities of State Developmental 
Disabilities Councils for provisions relating to staff and personnel of 
State Planning Councils, in subsec. (d), provisions requiring 
designation of State agency to provide support for State Developmental 
Disabilities Councils for provisions relating to duties of State 
Planning Councils, and adding subsec. (e) relating to reporting 
requirements.
    1991--Subsec. (b)(3). Pub. L. 102-119 substituted ``Individuals with 
Disabilities Education Act'' for ``Education of the Handicapped Act''.
    1990--Subsec. (a). Pub. L. 101-496, Sec. 12(1), substituted ``to'' 
for ``which will'' and inserted ``by carrying out priority area 
activities'' before period at end.
    Subsec. (c)(1). Pub. L. 101-496, Sec. 12(2), substituted ``shall'' 
for ``may'' and ``fund all activities under this subchapter (except 
administrative costs described in section 6022(d)(1) of this title) and 
to hire'' for ``hire''.
    Subsec. (c)(2), (3). Pub. L. 101-496, Sec. 12(3), added par. (2) and 
redesignated former par. (2) as (3).
    Subsec. (d)(1). Pub. L. 101-496, Sec. 12(4), substituted ``and 
submit after consultation with'' for ``jointly with''.
    1987--Subsec. (a). Pub. L. 100-146, Sec. 204(2), added subsec. (a) 
and struck out former subsec. (a) which related to membership of State 
Planning Councils. See subsec. (b)(1) to (5).
    Subsec. (b). Pub. L. 100-146, Sec. 204(2), added subsec. (b). Former 
subsec. (b) redesignated (d).
    Subsec. (c). Pub. L. 100-146, Sec. 204(2), added subsec. (c).
    Subsec. (d). Pub. L. 100-146, Sec. 204(1), redesignated subsec. (b) 
as (d), and in par. (1), struck out ``or agencies'' after ``State 
agency'' and substituted ``including the specifications of Federal and 
State priority activities under section 6022(b)(5)(D)(i) of this title'' 
for ``, including the specification of services under section 
6022(b)(4)(B) of this title''.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-146 effective Oct. 1, 1987, see section 601 
of Pub. L. 100-146, set out as a note under section 6000 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1320b-20, 1396u, 6001, 6022, 
6025a, 6026 of this title; title 29 section 725.
