42 U.S.C. § 15025 — State Councils on Developmental Disabil-

Page 8674 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15025 U.S.C. 12101 et seq.), section 794d of title 29, and the Fair Housing Act (42 U.S.C. 3601 et seq.). (G) Individualized services The plan shall provide assurances that any direct services provided to individuals with developmental disabilities and funded under the plan will be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individual. (H) Human rights The plan shall provide assurances that the human rights of the individuals with devel- opmental disabilities (especially individuals without familial protection) who are receiv- ing services under programs assisted under this part will be protected consistent with section 15009 of this title (relating to rights of individuals with developmental disabil- ities). (I) Minority participation The plan shall provide assurances that the State has taken affirmative steps to assure that participation in programs funded under this part is geographically representative of the State, and reflects the diversity of the State with respect to race and ethnicity. (J) Employee protections The plan shall provide assurances that fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) will be provided to pro- tect the interests of employees affected by actions taken under the plan to provide community living activities, including ar- rangements designed to preserve employee rights and benefits and provide training and retraining of such employees where nec- essary, and arrangements under which max- imum efforts will be made to guarantee the employment of such employees. (K) Staff assignments The plan shall provide assurances that the staff and other personnel of the Council, while working for the Council, will be re- sponsible solely for assisting the Council in carrying out the duties of the Council under this part and will not be assigned duties by the designated State agency, or any other agency, office, or entity of the State. (L) Noninterference The plan shall provide assurances that the designated State agency, and any other agency, office, or entity of the State, will not interfere with the advocacy, capacity building, and systemic change activities, budget, personnel, State plan development, or plan implementation of the Council, ex- cept that the designated State agency shall have the authority necessary to carry out the responsibilities described in section 15025(d)(3) of this title. (M) State quality assurance The plan shall provide assurances that the Council will participate in the planning, de- sign or redesign, and monitoring of State quality assurance systems that affect indi- viduals with developmental disabilities. (N) Other assurances The plan shall contain such additional in- formation and assurances as the Secretary may find necessary to carry out the provi- sions (including the purpose) of this part. (d) Public input and review, submission, and ap- proval (1) Public input and review The plan shall be based on public input. The Council shall make the plan available for pub- lic review and comment, after providing ap- propriate and sufficient notice in accessible formats of the opportunity for such review and comment. The Council shall revise the plan to take into account and respond to significant comments. (2) Consultation with the designated State agency Before the plan is submitted to the Sec- retary, the Council shall consult with the des- ignated State agency to ensure that the State plan is consistent with State law and to obtain appropriate State plan assurances. (3) Plan approval The Secretary shall approve any State plan and, as appropriate, amendments of such plan that comply with the provisions of subsections (a), (b), and (c) and this subsection. The Sec- retary may take final action to disapprove a State plan after providing reasonable notice and an opportunity for a hearing to the State. (Pub. L. 106–402, title I, § 124, Oct. 30, 2000, 114 Stat. 1696; Pub. L. 108–364, § 3(a)(1), Oct. 25, 2004, 118 Stat. 1736.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (c)(5)(F), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The Fair Housing Act, referred to in subsec. (c)(5)(F), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. AMENDMENTS 2004—Subsec. (c)(3)(B). Pub. L. 108–364 substituted ‘‘section 3003 or 3004 of title 29’’ for ‘‘section 3011 or 3012 of title 29’’. § 15025. State Councils on Developmental Disabil- ities and designated State agencies (a) In general Each State that receives assistance under this part shall establish and maintain a Council to undertake advocacy, capacity building, and sys- temic change activities (consistent with sub- sections (b) and (c) of section 15001 of this title) that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, Page 8675 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15025 comprehensive system of community services, individualized supports, and other forms of as- sistance that contribute to the achievement of the purpose of this part. The Council shall have the authority to fulfill the responsibilities de- scribed in subsection (c). (b) Council membership (1) Council appointments (A) In general The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State. (B) Recommendations The Governor shall select members of the Council, at the discretion of the Governor, after soliciting recommendations from orga- nizations representing a broad range of indi- viduals with developmental disabilities and individuals interested in individuals with de- velopmental disabilities, including the non- State agency members of the Council. The Council may, at the initiative of the Coun- cil, or on the request of the Governor, co- ordinate Council and public input to the Governor regarding all recommendations. (C) Representation 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 provi- sions to rotate the membership of the Council. Such provisions shall allow members to con- tinue to serve on the Council until such mem- bers’ successors are appointed. The Council shall notify the Governor regarding member- ship requirements of the Council, and shall no- tify the Governor when vacancies on the Coun- cil remain unfilled for a significant period of time. (3) Representation of individuals with develop- mental disabilities Not less than 60 percent of the membership of each Council shall consist of individuals who are— (A)(i) individuals with developmental dis- abilities; (ii) parents or guardians of children with developmental disabilities; or (iii) immediate relatives or guardians of adults with mentally impairing develop- mental disabilities who cannot advocate for themselves; and (B) not employees of a State agency that receives funds or provides services under this part, and who are not managing employ- ees (as defined in section 1126(b) of the So- cial Security Act (42 U.S.C. 1320a–5(b)) of any other entity that receives funds or provides services under this part. (4) Representation of agencies and organiza- tions (A) In general Each Council shall include— (i) representatives of relevant State enti- ties, including— (I) State entities that administer funds provided under Federal laws related to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabil- ities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.); (II) Centers in the State; and (III) the State protection and advocacy system; and (ii) representatives, at all times, of local and nongovernmental agencies, and pri- vate nonprofit groups concerned with serv- ices for individuals with developmental disabilities in the State in which such agencies and groups are located. (B) Authority and limitations The representatives described in subpara- graph (A) shall— (i) have sufficient authority to engage in policy planning and implementation on be- half of the department, agency, or pro- gram such representatives represent; and (ii) recuse themselves from any discus- sion of grants or contracts for which such representatives’ departments, agencies, or programs are grantees, contractors, or ap- plicants and comply with the conflict of interest assurance requirement under sec- tion 15024(c)(5)(D) of this title. (5) Composition of membership with develop- mental disabilities Of the members of the Council described in paragraph (3)— (A) 1⁄3 shall be individuals with develop- mental disabilities described in paragraph (3)(A)(i); (B) 1⁄3 shall be parents or guardians of chil- dren with developmental disabilities de- scribed in paragraph (3)(A)(ii), or immediate relatives or guardians of adults with devel- opmental disabilities described in paragraph (3)(A)(iii); and (C) 1⁄3 shall be a combination of individuals described in paragraph (3)(A). (6) Institutionalized individuals (A) In general Of the members of the Council described in paragraph (5), at least 1 shall be an imme- diate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution or shall be an individual with a developmental disability who resides or previously resided in an institution. (B) Limitation Subparagraph (A) shall not apply with re- spect to a State if such an individual does not reside in that State. (c) Council responsibilities (1) In general A Council, through Council members, staff, consultants, contractors, or subgrantees, shall Page 8676 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15025 1 See References in Text note below. have the responsibilities described in para- graphs (2) through (10). (2) Advocacy, capacity building, and systemic change activities The Council shall serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects, and activities that carry out the purpose of this part. (3) Examination of goals At the end of each grant year, each Council shall— (A) determine the extent to which each goal of the Council was achieved for that year; (B) determine to the extent that each goal was not achieved, the factors that impeded the achievement; (C) determine needs that require amend- ment of the 5-year strategic State plan re- quired under section 15024 of this title; (D) separately determine the information on the self-advocacy goal described in sec- tion 15024(c)(4)(A)(ii) of this title; and (E) determine customer satisfaction with Council supported or conducted activities. (4) State plan development The Council shall develop the State plan and submit the State plan to the Secretary 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. (5) State plan implementation (A) In general The Council shall implement the State plan by conducting and supporting advocacy, capacity building, and systemic change ac- tivities such as those described in subpara- graphs (B) through (L). (B) Outreach The Council may support and conduct out- reach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the atten- tion of the Council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adap- tation of generic community services or spe- cialized services. (C) Training The Council may support and conduct training for persons who are individuals with developmental disabilities, their families, and personnel (including professionals, para- professionals, students, volunteers, and other community members) to enable such persons to obtain access to, or to provide, community services, individualized sup- ports, and other forms of assistance, includ- ing special adaptation of generic community services or specialized services for individ- uals with developmental disabilities and their families. To the extent that the Coun- cil supports or conducts training activities under this subparagraph, such activities shall contribute to the achievement of the purpose of this part. (D) Technical assistance The Council may support and conduct technical assistance activities to assist pub- lic and private entities to contribute to the achievement of the purpose of this part. (E) Supporting and educating communities The Council may support and conduct ac- tivities to assist neighborhoods and commu- nities to respond positively to individuals with developmental disabilities and their families— (i) by encouraging local networks to pro- vide informal and formal supports; (ii) through education; and (iii) by enabling neighborhoods and com- munities to offer such individuals and their families access to and use of services, resources, and opportunities. (F) Interagency collaboration and coordina- tion The Council may support and conduct ac- tivities to promote interagency collabora- tion and coordination to better serve, sup- port, assist, or advocate for individuals with developmental disabilities and their fami- lies. (G) Coordination with related councils, com- mittees, and programs The Council may support and conduct ac- tivities to enhance coordination of services with— (i) other councils, entities, or commit- tees, authorized by Federal or State law, concerning individuals with disabilities (such as the State interagency coordi- nating council established under part C of the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1431 et seq.), the State Rehabilitation Council and the Statewide Independent Living Council es- tablished under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the State men- tal health planning council established under subtitle B 1 of title XIX of the Public Health Service Act [42 U.S.C. 300x et seq.], and the activities authorized under section 3003 or 3004 of title 29, and entities car- rying out other similar councils, entities, or committees); (ii) parent training and information cen- ters under part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.) and other entities carrying out fed- erally funded projects that assist parents of children with disabilities; and (iii) other groups interested in advocacy, capacity building, and systemic change ac- tivities to benefit individuals with disabil- ities. (H) Barrier elimination, systems design and redesign The Council may support and conduct ac- tivities to eliminate barriers to access and Page 8677 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15025 use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues iden- tified in the State plan. (I) Coalition development and citizen partici- pation The Council may support and conduct ac- tivities to educate the public about the ca- pabilities, preferences, and needs of individ- uals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in self-advo- cacy, education of policymakers, and citizen leadership skills. (J) Informing policymakers The Council may support and conduct ac- tivities to provide information to policy- makers by supporting and conducting stud- ies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and rec- ommendations. The Council may provide the information directly to Federal, State, and local policymakers, including Congress, the Federal executive branch, the Governors, State legislatures, and State agencies, in order to increase the ability of such policy- makers to offer opportunities and to en- hance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families. (K) Demonstration of new approaches to services and supports (i) In general The Council may support and conduct, on a time-limited basis, activities to dem- onstrate new approaches to serving indi- viduals with developmental disabilities that are a part of an overall strategy for systemic change. The strategy may in- volve the education of policymakers and the public about how to deliver effectively, to individuals with developmental disabil- ities and their families, services, supports, and assistance that contribute to the achievement of the purpose of this part. (ii) Sources of funding The Council may carry out this subpara- graph by supporting and conducting dem- onstration activities through sources of funding other than funding provided under this part, and by assisting entities con- ducting demonstration activities to de- velop strategies for securing funding from other sources. (L) Other activities The Council may support and conduct other advocacy, capacity building, and sys- temic change activities to promote the de- velopment of a coordinated, consumer- and family-centered, consumer- and family-di- rected, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this part. (6) Review of designated State agency The Council shall periodically review the designated State agency and activities carried out under this part by the designated State agency and make any recommendations for change to the Governor. (7) Reports Beginning in fiscal year 2002, the Council shall annually prepare and transmit to the Secretary a report. Each report shall be in a form prescribed by the Secretary by regula- tion under section 15004(b) of this title. Each report shall contain information about the progress made by the Council in achieving the goals of the Council (as specified in section 15024(c)(4) of this title), including— (A) a description of the extent to which the goals were achieved; (B) a description of the strategies that contributed to achieving the goals; (C) to the extent to which the goals were not achieved, a description of factors that impeded the achievement; (D) separate information on the self-advo- cacy goal described in section 15024(c)(4)(A)(ii) of this title; (E)(i) as appropriate, an update on the re- sults of the comprehensive review and anal- ysis described in section 15024(c)(3) of this title; and (ii) information on consumer satisfaction with Council supported or conducted activi- ties; (F)(i) a description of the adequacy of health care and other services, supports, and assistance that individuals with develop- mental disabilities in Intermediate Care Fa- cilities (Mental Retardation) receive; and (ii) a description of the adequacy of health care and other services, supports, and assist- ance that individuals with developmental disabilities served through home and com- munity-based waivers (authorized under sec- tion 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) receive; (G) an accounting of the manner in which funds paid to the State under this part for a fiscal year were expended; (H) a description of— (i) resources made available to carry out activities to assist individuals with devel- opmental disabilities that are directly at- tributable to Council actions; and (ii) resources made available for such ac- tivities that are undertaken by the Coun- cil in collaboration with other entities; and (I) a description of the method by which the Council will widely disseminate the an- nual report to affected constituencies and the general public and will assure that the report is available in accessible formats. (8) Budget Each Council shall prepare, approve, and im- plement a budget using amounts paid to the State under this part to fund and implement all programs, projects, and activities carried out under this part, including— Page 8678 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15025 (A)(i) conducting such hearings and forums as the Council may determine to be nec- essary to carry out the duties of the Council; and (ii) as determined in Council policy— (I) reimbursing members of the Council for reasonable and necessary expenses (in- cluding expenses for child care and per- sonal assistance services) for attending Council meetings and performing Council duties; (II) paying a stipend to a member of the Council, if such member is not employed or must forfeit wages from other employ- ment, to attend Council meetings and per- form other Council duties; (III) supporting Council member and staff travel to authorized training and technical assistance activities including in-service training and leadership develop- ment activities; and (IV) carrying out appropriate subcon- tracting activities; (B) hiring and maintaining such numbers and types of staff (qualified by training and experience) and obtaining the services of such professional, consulting, technical, and clerical staff (qualified by training and expe- rience), consistent with State law, as the Council determines to be necessary to carry out the functions of the Council under this part, except that such State shall not apply hiring freezes, reductions in force, prohibi- tions on travel, or other policies to the staff of the Council, to the extent that such poli- cies would impact the staff or functions funded with Federal funds, or would prevent the Council from carrying out the functions of the Council under this part; and (C) directing the expenditure of funds for grants, contracts, interagency agreements that are binding contracts, and other activi- ties authorized by the State plan approved under section 15024 of this title. (9) Staff hiring and supervision The 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 Di- rector. The Director shall hire, supervise, and annually evaluate the staff of the Council. Council recruitment, hiring, and dismissal of staff shall be conducted in a manner con- sistent with Federal and State nondiscrimina- tion laws. Dismissal of personnel shall be con- ducted in a manner consistent with State law and personnel policies. (10) Staff assignments The staff of the Council, while working for the Council, shall be responsible solely for as- sisting the Council in carrying out the duties of the Council under this part and shall not be assigned duties by the designated State agen- cy or any other agency or entity of the State. (11) Construction Nothing in this subchapter shall be con- strued to authorize a Council to direct, con- trol, 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.) or 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 part shall designate a State agency that shall, on behalf of the State, provide support to the Council. After April 6, 1994, any designa- tion of a State agency under this paragraph shall be made in accordance with the require- ments 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 for individuals with de- velopmental disabilities; or (iii) a State office, including the imme- diate office of the Governor of the State or a State planning office. (B) Conditions for continuation of State serv- ice agency designation (i) Designation before April 6, 1994 If a State agency that provides or pays for services for individuals with develop- mental disabilities was a designated State agency for purposes of part B of the Devel- opmental Disabilities Assistance and Bill of Rights Act on April 6, 1994, and the Gov- ernor of the State (or the 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 the legislature, as the case may be), shall be made after— (I) 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 (II) the Governor (or the legislature, as the case may be) has made an inde- pendent assessment that the designation of such agency will not interfere with the budget, personnel, priorities, or other action of the Council, and the abil- ity of the Council to serve as an inde- pendent advocate for individuals with developmental disabilities. (C) Review of designation The Council may request a review of and change in the designation of the designated State agency by the Governor (or the legis- lature, as the case may be). The Council shall provide documentation concerning the Page 8679 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15025 reason the Council desires a change to be made and make a recommendation to the Governor (or the legislature, as the case may be) regarding a preferred designated State agency. (D) Appeal of designation After the review is completed under sub- paragraph (C), a majority of the non-State agency members of the Council may appeal to the Secretary for a review of and change in the designation of the designated State agency if the ability of the Council to serve as an independent advocate is not assured because of the actions or inactions of the designated State agency. (3) Responsibilities (A) In general The designated State agency shall, on be- half of the State, have the responsibilities described in subparagraphs (B) through (G). (B) Support services The designated State agency shall provide required assurances and support services as requested by and negotiated with the Coun- cil. (C) Fiscal responsibilities The designated State agency shall— (i) receive, account for, and disburse funds under this part based on the State plan required in section 15024 of this title; and (ii) provide for such fiscal control and fund accounting procedures as may be nec- essary to assure the proper disbursement of, and accounting for, funds paid to the State under this part. (D) Records, access, and financial reports The designated State agency shall keep and provide access to such records as the Secretary and the Council may determine to be necessary. The designated State agency, if other than the Council, shall provide time- ly financial reports at the request of the Council regarding the status of expendi- tures, obligations, and liquidation by the agency or the Council, and the use of the Federal and non-Federal shares described in section 15026 of this title, by the agency or the Council. (E) Non-Federal share The designated State agency, if other than the Council, shall provide the required non- Federal share described in section 15026(c) of this title. (F) 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. (G) Memorandum of understanding On the request of the Council, the des- ignated State agency shall enter into a memorandum of understanding with the Council delineating the roles and respon- sibilities of the designated State agency. (4) Use of funds for designated State agency re- sponsibilities (A) Condition for Federal funding (i) In general The Secretary shall provide amounts to a State under section 15024(c)(5)(B)(vi) of this title for a fiscal year only if the State expends an amount from State sources for carrying out the responsibilities of the designated State agency under paragraph (3) for the fiscal year that is not less than the total amount the State expended from such sources for carrying out similar re- sponsibilities for the previous fiscal year. (ii) Exception Clause (i) shall not apply in a year in which the Council is the designated State agency. (B) Support services provided by other agen- cies With the agreement of the designated State agency, the Council may use or con- tract with agencies other than the des- ignated State agency to perform the func- tions of the designated State agency. (Pub. L. 106–402, title I, § 125, Oct. 30, 2000, 114 Stat. 1701; Pub. L. 108–364, § 3(a)(2), Oct. 25, 2004, 118 Stat. 1736; Pub. L. 108–446, title III, § 305(n)(1), Dec. 3, 2004, 118 Stat. 2806.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsecs. (b)(4)(A)(i)(I) and (c)(5)(G)(i), (11), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For com- plete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Ta- bles. The Individuals with Disabilities Education Act, re- ferred to in subsecs. (b)(4)(A)(i)(I) and (c)(5)(G)(i), (ii), (11), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. Part C of the Act is classi- fied generally to subchapter III (§ 1431 et seq.) of chap- ter 33 of Title 20. Part D of the Act is classified gen- erally to subchapter IV (§ 1450 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Older Americans Act of 1965, referred to in sub- sec. (b)(4)(A)(i)(I), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3001 of this title and Tables. The Social Security Act, referred to in subsec. (b)(4)(A)(i)(I), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles V and XIX of the Act are classified generally to subchapters V (§ 701 et seq.) and XIX (§ 1396 et seq.), re- spectively, of chapter 7 of this title. For complete clas- sification of this Act to the Code, see section 1305 of this title and Tables. The Public Health Service Act, referred to in subsec. (c)(5)(G)(i), is act July 1, 1944, ch. 373, 58 Stat. 682. The reference to subtitle B of title XIX of the Act probably means part B of title XIX of the Act which is classified generally to part B (§ 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. The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (d)(2)(B)(i), is title I 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 15024 of this title, the Secretary shall not consider— (1) any portion of such cost that is financed by Federal funds provided under any provision of law other than section 15022 of this title; and (2) the amount of any non-Federal funds re- quired to be expended as a condition of receipt of the Federal funds described in paragraph (1). (c) Non-Federal share (1) In-kind contributions The non-Federal share of the cost of any project supported by an allotment under this part may be provided in cash or in kind, fairly evaluated, including plant, equipment, or serv- ices. (2) Contributions of political subdivisions and public or private entities (A) In general Contributions to projects by a political subdivision of a State or by a public or pri- vate entity under an agreement with the State shall, subject to such limitations and conditions as the Secretary may by regula- tion prescribe under section 15004(b) of this title, be considered to be contributions by such State, in the case of a project supported under this part. (B) State contributions State contributions, including contribu- tions by the designated State agency to pro- vide support services to the Council pursu- ant to section 15025(d)(4) of this title, may be counted as part of such State’s non-Federal share of the cost of projects supported under this part. (3) Variations of the non-Federal share The non-Federal share required of each re- cipient of a grant from a Council under this part may vary. (Pub. L. 106–402, title I, § 126, Oct. 30, 2000, 114 Stat. 1710.) § 15027. Withholding of payments for planning, administration, and services Whenever the Secretary, after providing rea- sonable 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 com- ply substantially with any of the provisions required by section 15024 of this title to be in- cluded in the State plan, particularly provi- sions required by paragraphs (4)(A) and (5)(B)(vii) of section 15024(c) of this title, or with any of the provisions required by section 15025(b)(3) of this title; or (2) the Council or agency has failed to com- ply 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 (or, in the discretion of the Secretary, that further payments to the State under sec- tion 15022 of this title for activities for which there is such failure), until the Secretary is sat- isfied 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, or shall limit further payments under section 15022 of this title to such State to activities for which there is no such failure. (Pub. L. 106–402, title I, § 127, Oct. 30, 2000, 114 Stat. 1711.) § 15028. Appeals by States (a) Appeal If any State is dissatisfied with the Sec- retary’s action under section 15024(d)(3) or 15027 of this title, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action. (b) Filing The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that pur- pose. The Secretary shall file promptly with the