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42 U.S.C. § 290cc–31 — Failure to comply with agreements

submitted 82 years ago by Pub. L. 100-77 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a state misspends its grant money, the Secretary can make it pay the money back or can withhold future payments. The Secretary must first give the state a hearing. Small, minor slip-ups do not count as a reason to withhold funds.

(a) Repayment of payments (1) The Secretary may, following subsection (c), require a state to repay grant money the Secretary decides was not spent according to the state's application agreements. (2) If the state does not repay, the Secretary may subtract that amount from a future payment owed to the state. (b) Withholding of payments (1) The Secretary may, following subsection (c), withhold payments if the state is not expending its money according to its application agreements. (2) The Secretary must stop withholding once satisfied the state will spend future money correctly. (3) The Secretary cannot withhold funds for a minor failure to follow the agreements. (c) Opportunity for hearing: Before requiring repayment or withholding payments, the Secretary must give the state a chance for a hearing. (d) Rule of construction: A state is not considered to be breaking its agreements just because, while normally serving eligible homeless people, it incidentally also helps homeless people who do not technically qualify.
the actual law source: uscode.house.gov ↗public domain
(a) Repayment of payments
(1)

The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 290cc–21 of this title that the Secretary determines were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc–29 of this title.

(2)

If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 290cc–21 of this title.

(b) Withholding of payments
(1)

The Secretary may, subject to subsection (c), withhold payments due under section 290cc–21 of this title if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc–29 of this title.

(2)

The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that there are reasonable assurances that the State will expend amounts received under section 290cc–21 of this title in accordance with the agreements referred to in such paragraph.

(3)

The Secretary may not withhold funds under paragraph (1) from a State for a minor failure to comply with the agreements referred to in such paragraph.

(c) Opportunity for hearing

Before requiring repayment of payments under subsection (a)(1), or withholding payments under subsection (b)(1), the Secretary shall provide to the State an opportunity for a hearing.

(d) Rule of construction

Notwithstanding any other provision of this part, a State receiving payments under section 290cc–21 of this title may not, with respect to any agreements required to be contained in the application submitted under section 290cc–29 of this title, be considered to be in violation of any such agreements by reason of the fact that the State, in the regular course of providing services under section 290cc–22(b) of this title to eligible homeless individuals, incidentally provides services to homeless individuals who are not eligible homeless individuals.

Source credit: (July 1, 1944, ch. 373, title V, § 531, as added Pub. L. 100–77, title VI, § 611(3), July 22, 1987, 101 Stat. 521; amended Pub. L. 101–645, title V, § 511, Nov. 29, 1990, 104 Stat. 4731.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-77 · 101 Stat. 521
  • 1990Amended · Pub. L. 101-645 · 104 Stat. 4731

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-77 on 1944-07-01.

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