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42 U.S.C. § 291fPayments for construction or modernization

submitted 82 years ago by Pub. L. 88-443 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 466 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how federal construction money actually gets paid out to states or applicants, when payments can be withheld, and how much of a state's allotment can go toward administering its own plan.

(a) Certification and payment: Once the state agency certifies — based on its own inspection — that work has been done or purchases made according to the approved plans, and that an installment payment is now due, that payment is made to the state from its allotment. There are three exceptions: (1) if the state isn't legally able to pay the applicant, or asks that payment go directly to the applicant, the payment is made straight to the applicant instead; (2) if the Surgeon General has reason to believe something has happened that requires action under section 291g, payment may be withheld, in whole or in part, after the state agency gets notice and a chance for a hearing, until the problem is fixed or the hearing is resolved; and (3) total payments for any one project can never exceed the federal government's share of that project's cost. (b) Additional payments for amendments: If an approved application is later amended, or the project's estimated cost is revised upward, any extra payment needed comes from the state's allotment for the year the amendment or revision is approved. (c) Administration expenses: (1) At a state's request, part of its allotment can be used to cover half (or a smaller share, if the state prefers) of what the Surgeon General finds is reasonably needed to administer the state's plan that year — but never more than 4 percent of the state's total allotment for the year, or $100,000, whichever is less. These payments can be made in advance or as reimbursement, in whatever installments the Surgeon General decides. (2) A state can only receive this administration money for a given year if it also spends, from its own state funds, at least as much on administering its plan as it spent in the fiscal year ending June 30, 1970.
the actual law source: uscode.house.gov ↗public domain
(a) Certification of work by Surgeon General; conditions affecting payments

Upon certification to the Surgeon General by the State agency, based upon inspection by it, that work has been performed upon a project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment is due to the applicant, such installment shall be paid to the State, from the applicable allotment of such State, except that (1) if the State is not authorized by law to make payments to the applicant, or if the State so requests, the payment shall be made directly to the applicant, (2) if the Surgeon General, after investigation or otherwise, has reason to believe that any act (or failure to act) has occurred requiring action pursuant to section 291g of this title, payment may, after he has given the State agency notice of opportunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing, and (3) the total of payments under this subsection with respect to such project may not exceed an amount equal to the Federal share of the cost of construction of such project.

(b) Additional payments in cases of amended applications

In case an amendment to an approved application is approved as provided in section 291e of this title or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such amendment or revision is approved.

(c) Administration expenses; use of portion of allotments to defray; manner of payment
(1)

At the request of any State, a portion of any allotment or allotments of such State under this part shall be available to pay one-half (or such smaller share as the State may request) of the expenditures found necessary by the Surgeon General for the proper and efficient administration during such year of the State plan approved under this part; except that not more than 4 per centum of the total of the allotments of such State for a year, or $100,000, whichever is less, shall be available for such purpose for such year. Payments of amounts due under this paragraph may be made in advance or by way of reimbursement, and in such installments, as the Surgeon General may determine.

(2)

Any amount paid under paragraph (1) of this subsection to any State for any fiscal year shall be paid on condition that there shall be expended from State sources for such year for administration of the State plan approved under this part not less than the total amount expended for such purposes from such sources during the fiscal year ending June 30, 1970.

Source credit: (July 1, 1944, ch. 373, title VI, § 606, as added Pub. L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 454; amended Pub. L. 91–296, title I, § 112, June 30, 1970, 84 Stat. 340.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 88-443 · 78 Stat. 454
  • 1970Amended · Pub. L. 91-296 · 84 Stat. 340

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-443 on 1944-07-01.

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