Page:United States Statutes at Large Volume 112 Part 2.djvu/218

 112 STAT. 1102 PUBLIC LAW 105-220—AUG. 7, 1998 "(C) are provided by a State agency, a nonprofit private organization, employer, or any other appropriate resource, after an individual has made the transition from support provided by the designated State unit. "(14) FEDERAL SHARE. — "(A) IN GENERAL.— Subject to subparagraph (B), the term 'Federal share' means 78.7 percent. "(B) EXCEPTION. — The term 'Federal share' means the share specifically set forth in section 111(a)(3), except that with respect to payments pursuant to part B of title I to any State that are used to meet the costs of construction of those rehabilitation facilities identified in section 103(b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 111(a)(3) applicable with respect to the State. Regulations. " (C) RELATIONSHIP TO EXPENDITURES BY A POLITICAL SUBDIVISION. —For the purpose of determining the non-Federal share with respect to a State, expenditures by a political subdivision thereof or by a local agency shall be regarded as expenditures by such State, subject to such limitations and conditions as the Secretary shall by regulation prescribe. "(15) GOVERNOR. — The term 'Governor' means a chief executive officer of a State. "(16) IMPARTIAL HEARING OFFICER.— "(A) IN GENERAL. —The term 'impartial hearing officer' means an individual— "(i) who is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education); "(ii) who is not a member of the State Rehabilitation Council described in section 105; "(iii) who has not been involved previously in the vocational rehabilitation of the applicant or client; "(iv) who has knowledge of the delivery of vocational rehabilitation services, the State plan under section 101, and the Federal and State rules governing the provision of such services and training with respect to the performance of official duties; and "(v) who has no personal or financial interest that would be in conflict with the objectivity of the individual. "(B) CONSTRUCTION.—An individual shall not be considered to be an employee of a public agency for purposes of subparagraph (A)(i) solely because the individual is paid by the agency to serve as a hearing officer. "(17) INDEPENDENT LIVING CORE SERVICES.— The term 'independent living core services' means— "(A) information and referral services; "(B) independent living skills training; "(C) peer counseling (including cross-disability peer counseling); and "(D) individual and systems advocacy. "(18) INDEPENDENT LIVING SERVICES. —The term 'independent living services' includes— "(A) independent living core services; and

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