42 U.S.C. § 300w–6 — Withholding of funds

submitted 82 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 479 words · no verdicts yet

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The Secretary can withhold funds from a state that misuses its allotment, after notice, a hearing, and an investigation. The Secretary cannot withhold funds for minor violations, and must respond quickly to serious complaints. States must share records with the Secretary or Comptroller General, who cannot demand information the state doesn't already have.

(a) Prerequisites: (1) After giving a state notice and an in-state hearing, the Secretary must withhold funds from any state that doesn't use its allotment following this part's rules or its section 300w–4 certification. The Secretary keeps withholding until satisfied the problem is fixed and won't happen again. (2) The Secretary can't start withholding proceedings without first investigating whether the state followed the rules or its certification; that investigation must happen in the state, done by qualified investigators. (3) The Secretary must respond quickly to serious complaints that a state misused its funds. (4) The Secretary may not withhold funds for a minor compliance failure. (b) Investigations: (1) Each year, the Secretary must investigate how several states use their part funds, to check compliance with the rules and certifications. (2) The Comptroller General may also investigate a state's use of these funds for the same reason. (c) Availability of books, documents, papers, and records: Each state, and each entity that got funds from a state's allotment, must make its relevant records available — for examination, copying, or reproduction, on or off site — to the Secretary, the Comptroller General, or their authorized representatives, on reasonable request. (d) Information not readily available: (1) In a state investigation, the Secretary or the Comptroller General can't demand information the state or a funded entity doesn't already have readily available, and can't unreasonably demand information be compiled or transmitted in a form it isn't already in. (2) This limit doesn't apply to collecting, compiling, or sending data for a court proceeding.

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

(a) Prerequisites

(1)

The Secretary shall, after adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State which does not use its allotment in accordance with the requirements of this part or the certification provided under section 300w–4 of this title. The Secretary shall withhold such funds until the Secretary finds that the reason for the withholding has been removed and there is reasonable assurance that it will not recur.

(2)

The Secretary may not institute proceedings to withhold funds under paragraph (1) unless the Secretary has conducted an investigation concerning whether the State has used its allotment in accordance with the requirements of this part or the certification provided under section 300w–4 of this title. Investigations required by this paragraph shall be conducted within the affected State by qualified investigators.

(3)

The Secretary shall respond in an expeditious manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the requirements of this part or certifications provided under section 300w–4 of this title.

(4)

The Secretary may not withhold funds under paragraph (1) from a State for a minor failure to comply with the requirements of this part or certifications provided under section 300w–4 of this title.

(b) Investigations

(1)

The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this part in order to evaluate compliance with the requirements of this part and certifications provided under section 300w–4 of this title.

(2)

The Comptroller General of the United States may conduct investigations of the use of funds received under this part by a State in order to insure compliance with the requirements of this part and certifications provided under section 300w–4 of this title.

Each State, and each entity which has received funds from an allotment made to a State under this part, shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request therefor.

(d) Information not readily available

(1)

In conducting any investigation in a State, the Secretary or the Comptroller General of the United States may not make a request for any information not readily available to such State or an entity which has received funds from an allotment made to the State under this part or make an unreasonable request for information to be compiled, collected, or transmitted in any form not readily available.

(2)

Paragraph (1) does not apply to the collection, compilation, or transmittal of data in the course of a judicial proceeding.

Source credit: (July 1, 1944, ch. 373, title XIX, § 1907, as added Pub. L. 97–35, title IX, § 901, Aug. 13, 1981, 95 Stat. 541.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 97-35 · 95 Stat. 541

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1944-07-01.

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