Page:United States Statutes at Large Volume 108 Part 1.djvu/333

 PUBLIC LAW 103-230—APR. 6, 1994 108 STAT. 307 part 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 part 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 Act 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 Disabihties Education Act (20 U.S.C. 1400 et seq.). " (d) DESIGNATED STATE AGENCY.— "(1) IN GENERAL.— Each State that receives assistance under this part shall designate the State agency that shall, on behalf of the State, provide support to the Council. After the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 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 ENACTMENT. —I f a State agency that provides or pays for services for individuals with developmental disabilities was a designated State agency for purposes of this part on the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994, and the Grovernor 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 part. " (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

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