42 U.S.C. § 291g — Withholding of payments; noncompliance with requirements

submitted 82 years ago by Pub. L. 88-443 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 308 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Surgeon General finds a state isn't following its approved plan or its promises under a project application, the state can be cut off from further payments — for the whole program or just the affected part — until it fixes the problem or repays misused money.

After giving the state agency notice and a chance for a hearing, the Surgeon General can act if any of these is true: (a) the state agency isn't substantially following the requirements its State plan has to meet under section 291d; (b) an assurance given in a project application under section 291e isn't being kept, or can't be kept; (c) there's a substantial failure to follow the approved plans and specifications for a project under section 291e; or (d) the state isn't providing enough of its own money each year to administer the plan. If the Surgeon General finds any of that, the state agency can be notified that either (e) no further payments will be made to the state under this part at all, or (f) no further payments will be made from specific allotments, or for specific projects, that the Surgeon General identifies as affected by the problem — whichever fits the situation. Projects that were already approved and aren't directly affected keep getting paid. Otherwise, payments stay withheld, in whole or in part, until the problem is fixed (or the promised assurance or plan is carried out, or enough state money is provided) — or, if that's impossible, until the state repays or arranges to repay the misused federal money.

the actual law source: uscode.house.gov ↗public domain

Whenever the Surgeon General, after reasonable notice and opportunity for hearing to the State agency designated as provided in section 291d(a)(1) of this title, finds—

(a)

that the State agency is not complying substantially with the provisions required by section 291d of this title to be included in its State plan; or

(b)

that any assurance required to be given in an application filed under section 291e of this title is not being or cannot be carried out; or

(c)

that there is a substantial failure to carry out plans and specifications approved by the Surgeon General under section 291e of this title; or

(d)

that adequate State funds are not being provided annually for the direct administration of the State plan,

the Surgeon General may forthwith notify the State agency that—

(e)

no further payments will be made to the State under this part, or

(f)

no further payments will be made from the allotments of such State from appropriations under any one or more subparagraphs or paragraphs of section 291a of this title, or for any project or projects, designated by the Surgeon General as being affected by the action or inaction referred to in paragraph (a), (b), (c), or (d) of this section,

as the Surgeon General may determine to be appropriate under the circumstances; and, except with regard to any project for which the application has already been approved and which is not directly affected, further payments may be withheld, in whole or in part, until there is no longer any failure to comply (or carry out the assurance or plans and specifications or provide adequate State funds, as the case may be) or, if such compliance (or other action) is impossible, until the State repays or arranges for the repayment of Federal moneys to which the recipient was not entitled.

Source credit: (July 1, 1944, ch. 373, title VI, § 607, as added Pub. L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 455.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 88-443 · 78 Stat. 455

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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