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Title 42 — The Public Health and WelfareRelease 119-73

§300w–6 Withholding of funds

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XVII— - BLOCK GRANTS › Part Part A— - Preventive Health and Health Services Block Grants › § 300w–6

Last updated Apr 6, 2026|Official source

Summary

The Secretary must stop federal payments to any State that does not spend its allotment the way the law and its certification under section 300w–4 require. Before money is stopped, the State must get notice and a chance for a hearing held inside that State. Money stays withheld until the problem is fixed and the Secretary is sure it will not happen again. The Secretary cannot start withholding unless a local investigation by qualified investigators has been done. The Secretary must act quickly on serious complaints and may not cut funds for small or minor mistakes. Each year the Secretary must check how funds are used in several States. The Comptroller General may also investigate a State’s use of the money. States and any groups that got money from a State must let the Secretary or the Comptroller General examine and copy books, papers, and records when reasonably asked. Investigators may not demand information that is not readily available or force people to give it in an unusual form, except when data are collected during a court case.

Full Legal Text

Title 42, §300w–6

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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)(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.
(c)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)(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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1981, see section 901 of Pub. L. 97–35, set out in part as a note under section 300w of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300w–6

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73