42 U.S.C. § 291f — Payments 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
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.
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.
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.
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.
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.)
- 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.
all 0 arguments · sorted by: best
no arguments yet — make the first case