ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 806 — Rescission of funds declined by States, territories, or other governmental entities

submitted 91 years ago by Pub. L. 117-328 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

A State, territory, or other eligible governmental entity may decline all or part of an award, causing that amount to be rescinded and used only for deficit reduction. The section protects sub-State entities’ ability to decline their shares.

(a)(1) Subject to paragraphs (2) and (3), if a State, territory, or other governmental entity tells the Treasury Secretary, in the required manner, that it declines all or part of an award under this subchapter, the Secretary must rescind the unaccepted amount allocated as of that notice. (2) This does not apply to money paid to a State under section 803 for distribution to nonentitlement local governments. (3) This does not prevent a sub-State entity, including such a local government, from notifying the Secretary that it declines all or part of its possible share, and does not allow a State to stop that notice. (b) Rescinded money goes into the Treasury’s general fund solely for deficit reduction. (c) “State, territory, or other governmental entity” means an entity that may receive a direct payment under this subchapter, except a Tribal government defined in sections 801(g), 802(g), or 804(d), or an eligible Tribal government defined in section 805(f).

the actual law source: uscode.house.gov ↗public domain
(a) Rescission
(1) In general

Subject to paragraphs (2) and (3), if a State, territory, or other governmental entity provides notice to the Secretary of the Treasury in the manner provided by the Secretary of the Treasury that the State, territory, or other governmental entity intends to decline all or a portion of the amounts that are to be awarded to the State, territory, or other governmental entity from funds appropriated under this subchapter, an amount equal to the unaccepted amounts or portion of such amounts allocated by the Secretary of the Treasury as of the date of such notice that would have been awarded to the State, territory, or other governmental entity shall be rescinded from the applicable appropriation account.

(2) Exclusion

Paragraph (1) shall not apply with respect to funds that are to be paid to a State under section 803 of this title for distribution to nonentitlement units of local government.

(3) Rules of construction

Paragraph (1) shall not be construed as—

(A)

preventing a sub-State governmental entity, including a nonentitlement unit of local government, from notifying the Secretary of the Treasury that the sub-State governmental entity intends to decline all or a portion of the amounts that a State may distribute to the entity from funds appropriated under this subchapter; or

(B)

allowing a State to prohibit or otherwise prevent a sub-State governmental entity from providing such a notice.

(b) Use for deficit reduction

Amounts rescinded under subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction.

(c) State or other governmental entity defined

In this section, the term “State, territory, or other governmental entity” means any entity to which a payment may be made directly to the entity under this subchapter other than a Tribal government, as defined in sections 801(g), 802(g), and 804(d) of this title, and an eligible Tribal government, as defined in section 805(f) of this title.

Source credit: (Aug. 14, 1935, ch. 531, title VI, § 606, as added Pub. L. 117–328, div. LL, § 105, Dec. 29, 2022, 136 Stat. 6105.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 117-328 · 136 Stat. 6105

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 1935-08-14.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case