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

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

(a)

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

(b)

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

(c)

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

section 291a of this title no further payments will be made from the allotments of such State from appropriations under any one or more subparagraphs or paragraphs of , 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.

July 1, 1944, ch. 373 Pub. L. 88–443, § 3(a)Aug. 18, 196478 Stat. 455 (, title VI, § 607, as added , , .)

Editorial Notes

Prior Provisions

act July 1, 1944, ch. 373, title VI, § 624 Aug. 13, 1946, ch. 958, § 2 60 Stat. 1041 June 29, 1948, ch. 728, § 1 62 Stat. 1103 Oct. 25, 1949, ch. 722 63 Stat. 899 Aug. 1, 1956, ch. 852, § 19(c) 70 Stat. 911 Sept. 25, 1962Pub. L. 87–688, § 4(a)(3)76 Stat. 587 Pub. L. 88–443 section 291b of this titleA prior section 291g, , as added , ; amended , ; , §§ 3(b), 7, , 901; , ; , , , authorized allotments to States for construction, specified their amount, and provided for availability for unexpended funds, prior to the general amendment of this subchapter by . See .

July 1, 1944, ch. 373 Aug. 13, 1946, ch. 958, § 2 60 Stat. 1041 Oct. 25, 1949, ch. 722, § 4 63 Stat. 900 July 12, 1954, ch. 471, § 4(g) 68 Stat. 466 Pub. L. 88–443Provisions similar to those comprising this section were contained in former section 291j(a), acts , title VI, § 632, as added , ; amended , ; , , prior to the general amendment of this subchapter by .

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88 section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.

Executive Documents

Transfer of Functions

June 25, 196680 Stat. 1610 section 202 of this titleMar. 30, 1987Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, , and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under . Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, , 52 F.R. 11754.