Page:United States Statutes at Large Volume 98 Part 3.djvu/295

This page needs to be proofread.

PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2667

independence, productivity, and integration into the community of persons with developmental disabilities. "(14) The term 'Secretary' means the Secretary of Health and Human Services. "(15) The term 'State Planning Council' means a State Planning Council established under section 124.

Post, p. 2675.

"FEDERAL SHARE

"SEC. 103. (a) The Federal share of all projects in a State supported by an allotment to the State under part B may not exceed 75 percent of the aggregate necessary costs of all such projects, as determined by the Secretary, except that in the case of projects located in urban or rural poverty areas, the Federal share of all such projects may not exceed 90 percent of the aggregate necessary costs of such projects, as determined by the Secretary. "(b) The Federal share of any project to be provided through grants under part D may not exceed 75 percent of the necessary cost of such project, as determined by the Secretary, except that if the project is located in an urban or rural poverty area, the Federal share may not exceed 90 percent of the project s necessary costs as so determined. "(c) The non-Federal share of the cost of any project assisted by a grant or allotment under this title may be provided in kind. "(d) For the purpose of determining the Federal share with respect to any project, expenditures on that project by a political subdivision of a State or by a nonprofit private entity shall, subject to such limitations and conditions as the Secretary may by regulation prescribe, be deemed to be expenditures by such State in the case of a project under part B or by a university affiliated facility or a satellite center, as the case may be, in the case of a project assisted under part D.

Prohibition. 42 USC 6002. Post, p. 2670.

Prohibition. Post, p. 2681.

"RECORDS AND AUDIT

"SEC. 104. (a) Each recipient of assistance under this title shall 42 USC 6003. keep such records as the Secretary shall prescribe, including (1) records which fully disclose (A) the amount and disposition by such recipient of the proceeds of such assistance, (B) the total cost of the project or undertaking in connection with which such assistance is given or used, and (C) the amount of that portion of the cost of the project or undertaking supplied by other sources, and (2) such other records as will facilitate an effective audit. "(b) The Secretary and the Comptroller General of the United Stat^, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of assistance under this title that are pertinent to such assistance. "RECOVERY

"SEC. 105. If any facility with respect to which funds have been 42 USC 6004. paid under part B or D shall, at any time within twenty years after the completion of construction— "(1) be sold or transferred to any person, agency, or organization which is not a public or nonprofit private entity, or "(2) cease to be a public or other nonprofit facility for persons with developmental disabilities.