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42 U.S.C. § 15027 — Withholding of payments for planning, administration, and services
Federal law — U.S. Code and appendices · legal_authorities
Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that—
(1) the Council or agency has failed to comply substantially with any of the provisions required by [section 15024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim) to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of [section 15024(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024/c&num=0&edition=prelim), or with any of the provisions required by [section 15025(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025/b/3&num=0&edition=prelim); or
(2) the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this part,
the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim) (or, in the discretion of the Secretary, that further payments to the State under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim) for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim), or shall lim
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Stable record: federal_law:legal_authorities:record_usc_d22f631e68ca7ca30c86a40d
Source file: Laws/federal/codes/united-states-code/title-42/section-15027-withholding-of-payments-for-planning-administration-and-services--a3f45f3da2.md
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Source location: Title 42, Chapter 144, § 15027; chapter-144-developmental-disabilities-assistance-and-bill-of-rights.md
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Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that—
(1) the Council or agency has failed to comply substantially with any of the provisions required by [section 15024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim) to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of [section 15024(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024/c&num=0&edition=prelim), or with any of the provisions required by [section 15025(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025/b/3&num=0&edition=prelim); or
(2) the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this part,
the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim) (or, in the discretion of the Secretary, that further payments to the State under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim) for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim), or shall limit further payments under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim) to such State to activities for which there is no such failure.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allotments**
(1) **In general**
(A) *Authority* — For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under [section 15029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15029&num=0&edition=prelim) among the States on the basis of—
(i) the population;
(ii) the extent of need for services for individuals with developmental disabilities; and
(iii) the financial need,
of the respective States.
(B) *Use of funds* — Sums allotted to the States under this section shall be used to pay for the Federal share of the cost of carrying out projects in accordance with State plans approved under [section 15024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim) for the provision under such plans of services for individuals with developmental disabilities.
(2) **Adjustments** — The Secretary may make adjustments in the amounts of State allotments based on clauses (i), (ii), and (iii) of paragraph (1)(A) not more often than annually. The Secretary shall notify each State of any adjustment made under this paragraph and the percentage of the total sums appropriated under [section 15029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15029&num=0&edition=prelim) that the adjusted allotment represents not later than 6 months before the beginning of the fiscal year in which such adjustment is to take effect.
(3) **Minimum allotment for appropriations less than or equal to $70,000,000**
(A) *In general* — Except as provided in paragraph (4), for any fiscal year the allotment under this section—
(i) to each of American
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15022
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any State desiring to receive assistance under this part shall submit to the Secretary, and obtain approval of, a 5-year strategic State plan under this section.
**(b) Planning cycle** The plan described in subsection (a) shall be updated as appropriate during the 5-year period.
**(c) State plan requirements** In order to be approved by the Secretary under this section, a State plan shall meet each of the following requirements:
(1) **State Council** — The plan shall provide for the establishment and maintenance of a Council in accordance with [section 15025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025&num=0&edition=prelim) and describe the membership of such Council.
(2) **Designated State agency** — The plan shall identify the agency or office within the State designated to support the Council in accordance with this section and [section 15025(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025/d&num=0&edition=prelim) (referred to in this part as a “designated State agency”).
(3) **Comprehensive review and analysis** — The plan shall describe the results of a comprehensive review and analysis of the extent to which services, supports, and other assistance are available to individuals with developmental disabilities and their families, and the extent of unmet needs for services, supports, and other assistance for those individuals and their families, in the State. The results of the comprehensive review and analysis shall include—
(A) a description of the services, supports, and other assistance being provided to individuals with developmental disabilities and their families under other federally assisted State programs, plans, and policies und
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Federal law — U.S. Code and appendices · legal_authorities
Page 8680
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15026
of Pub. L. 88–164, as added by Pub. L. 98–527, § 2, Oct. 19,
1984, 98 Stat. 2662, which was repealed by Pub. L.
106–402, title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737.
Part B of the Act was classified generally to subchapter
II (§ 6021 et seq.) of chapter 75 of this title. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
2004—Subsec. (c)(5)(G)(i). Pub. L. 108–446 substituted
‘‘part C’’ for ‘‘subtitle C’’.
Pub. L. 108–364 substituted ‘‘section 3003 or 3004 of
title 29’’ for ‘‘section 3011 or 3012 of title 29’’.
§ 15026. Federal and non-Federal share
(a) Aggregate cost
(1) In general
Except as provided in paragraphs (2) and (3),
the Federal share of the cost of all projects in
a State supported by an allotment to the
State under this part may not be more than 75
percent of the aggregate necessary cost of
such projects, as determined by the Secretary.
(2) Urban or rural poverty areas
In the case of projects whose activities or
products target individuals with develop-
mental disabilities who live in urban or rural
poverty areas, as determined by the Secretary,
the Federal share of the cost of all such
projects may not be more than 90 percent of
the aggregate necessary cost of such projects,
as determined by the Secretary.
(3) State plan activities
In the case of projects undertaken by the
Council or Council staff to implement State
plan activities, the Federal share of the cost of
all such projects may be not more than 100
percent of the aggregate necessary cost of
such activities.
(b) Nonduplication
In determining the amount of any State’s Fed-
eral share of the cost of such projects incurred
by such State under a State plan approved under
section
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