1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 75 - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 6006 - Reports

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§6006. Reports (a) Developmental Disabilities Council reports

By January 1 of each year, each State Developmental Disabilities Council shall prepare and transmit to the Secretary a report of activities carried out during the preceding fiscal year with funds paid to the State under subchapter II of this chapter for such fiscal year. Each report shall be in a form prescribed by the Secretary by regulation and shall contain—

(1) a description of activities and accomplishments;

(2) a comparison of accomplishments with the goals, objectives, and proposed activities specified in the State plan submitted under section 6022 of this title for such fiscal year;

(3) an accounting of the manner in which funds paid to a State under subchapter II of this chapter for a fiscal year were expended;

(4) a description of the State Developmental Disabilities Council's response to significant actions taken by the State with respect to any intermediate care facility for the mentally retarded in such State, and with respect to annual survey reports prepared pursuant to section 1396a(a)(31) of this title and correction or reduction plans prepared pursuant to section 1396r–3 of this title;

(5) a description of—

(A) the trends and progress made in the State concerning systemic change (including policy reform), capacity building, advocacy, and other actions on behalf of individuals with developmental disabilities, with attention to individuals who are traditionally unserved and underserved, particularly individuals who are members of ethnic and racial minority groups, and individuals from underserved geographic areas;

(B) systemic change, capacity building, and advocacy activities that affect individuals with disabilities other than developmental disabilities; and

(C) a summary of actions taken to improve access and services for unserved and underserved groups;

(6) a description of resources leveraged by activities directly attributable to State Developmental Disabilities Council actions; and

(7) a description of the method by which the State Developmental Disabilities Council shall widely disseminate the annual report to affected constituencies as well as the general public and to assure that the report is available in accessible formats.

(b) Protection and advocacy system reports

By January 1 of each year, each protection and advocacy system established in a State pursuant to subchapter III of this chapter shall prepare and transmit to the Secretary a report which describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year, including a description of the system's priorities for such fiscal year, the process used to obtain public input, the nature of such input, and how such input was used.

(c) Secretary reports (1) In general

By July 1 of each year the Secretary shall prepare and transmit to the President, the Congress, and the National Council on Disability a report which describes—

(A) the activities and accomplishments of programs supported under subchapters II, III, IV, and V of this chapter;

(B) the progress made in States in improving the independence, productivity, and integration and inclusion into the community of individuals with developmental disabilities and any activities or services needed to improve such independence, productivity, and integration and inclusion;

(C)(i) the trends and progress made in the States concerning systemic change (including policy reform), capacity building, advocacy, and other actions on behalf of individuals with developmental disabilities, with attention to individuals who are traditionally unserved and underserved, particularly individuals who are members of ethnic and racial minority groups, and individuals from underserved geographic areas;

(ii) systemic change, capacity building, and advocacy activities that affect individuals with disabilities other than developmental disabilities; and

(iii) a summary of actions taken to improve access and services for unserved and underserved groups;

(D) the significant Federal policies that impact on the ability of States to address the needs of individuals with developmental disabilities attributable to physical impairments, mental impairments, or a combination of mental and physical impairments; and

(E) the number of meetings held by the interagency committee established under section 6007(b) of this title during the period for which the report is made, which agencies were represented at each such meeting, and the accomplishments of the interagency committee in comparison to the goals and objectives of such committee.

(2) Inclusion of Council and system information

In preparing the report required by this subsection, the Secretary shall include and analyze information submitted in the reports required under subsections (a) and (b) of this section.

(Pub. L. 88–164, title I, §107, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2668; amended Pub. L. 100–146, title I, §103, Oct. 29, 1987, 101 Stat. 844; Pub. L. 101–496, §6, Oct. 31, 1990, 104 Stat. 1194; Pub. L. 103–230, title I, §108, Apr. 6, 1994, 108 Stat. 294.)

Prior Provisions

A prior section 6006, Pub. L. 88–164, title I, §107, as added Pub. L. 94–103, title I, §125, Oct. 4, 1975, 89 Stat. 499, related to recovery of expenditures under certain conditions and liens, prior to the general amendment of this chapter by Pub. L. 98–527. See section 6004 of this title.

Amendments

1994—Pub. L. 103–230, §108(a), substituted section catchline for former section catchline.

Subsec. (a). Pub. L. 103–230, §108(b)(1)(A), inserted heading and in introductory provisions substituted “each State Developmental Disabilities Council” for “the State Planning Council of each State”, “a report of activities” for “a report concerning activities”, and “Each report” for “Each such report”.

Subsec. (a)(1). Pub. L. 103–230, §108(b)(1)(B), substituted “description of activities and accomplishments” for “description of such activities and the accomplishments resulting from such activities”.

Subsec. (a)(2). Pub. L. 103–230, §108(b)(1)(C), substituted “comparison of accomplishments” for “comparison of such accomplishments” and struck out “by the State” after “activities specified”.

Subsec. (a)(4). Pub. L. 103–230, §108(b)(1)(D), substituted “State Developmental Disabilities Council's” for “State Planning Council's”, “annual survey reports prepared pursuant to section 1396a(a)(31) of this title and correction or reduction plans” for “each annual survey report prepared pursuant to section 1396a(a)(31)(C) of this title and each correction or reduction plan”, and semicolon for “; and”.

Subsec. (a)(5) to (7). Pub. L. 103–230, §108(b)(1)(E), (F), added pars. (5) to (7) and struck out former par. (5) which read as follows: “a description of the progress made in the State in, and any identifiable trends concerning, the setting of priorities for, policy reform concerning, advocacy for, and other actions on behalf of and with persons with developmental disabilities which are attributable to physical impairment, mental impairment, or a combination of physical and mental impairments, particularly unserved and underserved groups, including any other subpopulation of persons with developmental disabilities (including minorities), and a summary of actions taken to improve access to and services for unserved and underserved groups that the State Planning Council may have identified.”

Subsec. (b). Pub. L. 103–230, §108(b)(2), inserted heading and inserted in text before period at end “, including a description of the system's priorities for such fiscal year, the process used to obtain public input, the nature of such input, and how such input was used”.

Subsec. (c). Pub. L. 103–230, §108(b)(3)(C), inserted heading.

Subsec. (c)(1). Pub. L. 103–230, §108(b)(3)(B), (D), inserted heading and realigned margin.

Subsec. (c)(1)(A). Pub. L. 103–230, §108(b)(3)(A), realigned margin.

Subsec. (c)(1)(B). Pub. L. 103–230, §108(b)(3)(A), (E)(i), substituted “integration and inclusion” for “integration” in two places and “individuals” for “persons” and realigned margin.

Subsec. (c)(1)(C). Pub. L. 103–230, §108(b)(3)(E)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: “the progress made by States in, and any identifiable trends concerning, the setting of priorities for, policy reform concerning, advocacy for, and other actions on behalf of, persons with developmental disabilities attributable to physical impairment, mental impairment, or a combination of physical and mental impairments, particularly unserved or underserved groups, including any other subpopulation of persons with developmental disabilities (including minorities) that the State Planning Council has identified under sections 6022(b)(3) and 6022(f) of this title, and a summary of actions taken to improve access to services for such groups;”.

Subsec. (c)(1)(D). Pub. L. 103–230, §108(b)(3)(E)(iii), substituted “individuals” for “persons”.

Subsec. (c)(2). Pub. L. 103–230, §108(b)(3)(B), (F), inserted heading and in text substituted “include and analyze” for “use and include”, struck out “to the Secretary” after “information submitted”, and realigned margins.

1990—Subsec. (a)(4). Pub. L. 101–496, §6(1)(A), substituted “any intermediate care facility for the mentally retarded in such State, and with respect to each annual survey report prepared pursuant to section 1396a(a)(31)(C) of this title and each correction or reduction plan prepared pursuant to section 1396r–3 of this title” for “each annual survey report and plan of corrections for cited deficiencies prepared pursuant to section 1396a(a)(31)(B) of this title with respect to any intermediate care facility for the mentally retarded in such State”.

Subsec. (a)(5). Pub. L. 101–496, §6(1)(B), substituted “advocacy for, and other actions on behalf of and with” for “and advocacy for,”, “impairments, particularly unserved and underserved groups,” for “impairments,”, and “, and a summary of actions taken to improve access to and services for unserved and underserved groups that the State Planning Council may have identified” for “that the State Planning Council may identify under sections 6022(b)(3) and 6022(f) of this title”.

Subsec. (c)(1). Pub. L. 101–496, §6(2), substituted “July” for “April” and “Disability” for “the Handicapped”.

Subsec. (c)(1)(C). Pub. L. 101–496, §6(3), substituted “advocacy for, and other actions on behalf of” for “and advocacy for,”, “impairments, particularly unserved or underserved groups,” for “impairments,”, and “has identified” for “may identify” and inserted “, and a summary of actions taken to improve access to services for such groups” after “of this title”.

1987—Subsec. (a)(4), (5). Pub. L. 100–146, §103(a), added pars. (4) and (5).

Subsec. (c)(1)(C) to (E). Pub. L. 100–146, §103(b), added subpars. (C) to (E).

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 section 10824 of this title.