Page:United States Statutes at Large Volume 108 Part 1.djvu/334

 108 STAT. 308 PUBLIC LAW 103-230—APR. 6, 1994 as an advocate for individueds with developmental disabilities. "(C) REVIEW OF DESIGNATION. —After April 1, 1994, the Council may request a review of the designation of the designated State agency by the Governor (or legislature as the case may be). The Council shall provide documentation concerning the reason the Coxmcil desires a change to be made and make a recommendation to the Governor (or legislature as the case may be) regarding a preferred designated State agency. "(D) APPEAL OF DESIGNATION. — After the review is comgleted under subparagraph (C), a majority of the nontate agency members of the Council may appeal to the Secretary for a review of the designation of the designated State agency if Council independence as an advocate is not assured because of the actions or inactions of the designated State agency. " (3) RESPONSIBILITIES.— The designated State agency shall, on behalf of the State, have the responsibilities described in subparagraphs (A) through (F). "(A) SUPPORT SERVICES.— The designated State agency shall provide required assurances and support services as requested by and negotiated with the Council. "(B) FISCAL RESPONSIBILITIES.—The designated State agency shall— "(i) receive, account for, and disperse funds under this part based on the State plan required in section 122; and "(ii) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper dispersement of, and accounting for, funds pgdd to the State under this part. " (C) RECORDS, ACCESS, AND FINANCL\L REPORTS. —The designated State agency shall keep such records and afford access thereto as the Secretary and the Council determine necessary. The designated State agency, if other than the Council, shall provide timely financial reports at the request of the Council regarding the status of expenditures, obligations, liquidation, and the Federal and non-Federal share. "(D) NON-FEDERAL SHARE.— The designated State agency, if other than the Council, shall provide the required non-Federal share defined in section 125A(c). "(E) 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. "(F) MEMORANDUM OF UNDERSTANDING.— On the request of the Council, the designated State agency shall enter into a memorandum of understanding with the Council delineating the roles and responsibilities of the designated State agency. " (4) USE OF FUNDS FOR DESIGNATED STATE AGENCY RESPON- SIBILITIES.— " (A) NECESSARY EXPENDITURES OF STATE DESIGNATED AGENCY. —At the request of any State, a portion of any allotment or allotments of such State under this part for

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