42 U.S.C. § 290cc–31: Failure to comply with…

Summary

The Secretary can require a State to pay back money it got under section 290cc–21 if the Secretary finds the State did not spend the money the way it promised in its application under section 290cc–29. If the State does not repay, the Secretary can take the amount out of future payments under section 290cc–21. The Secretary can also hold back future payments for the same reason, but must stop if the State shows reasonable proof it will follow the agreements. The Secretary cannot withhold money for a minor mistake. Before making a State repay money or withholding payments, the Secretary must give the State a chance for a hearing. A State that serves eligible homeless people under section 290cc–22(b) is not breaking its agreements just because it also, in the normal course of serving them, serves some homeless people who are not eligible.

Title 42, §290cc–31

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

(a)Repayment of payments

(1)The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 290cc–21 of this title that the Secretary determines were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc–29 of this title.

(2)If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 290cc–21 of this title.

(b)Withholding of payments

(1)The Secretary may, subject to subsection (c), withhold payments due under section 290cc–21 of this title if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc–29 of this title.

(2)The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that there are reasonable assurances that the State will expend amounts received under section 290cc–21 of this title in accordance with the agreements referred to in such paragraph.

(3)The Secretary may not withhold funds under paragraph (1) from a State for a minor failure to comply with the agreements referred to in such paragraph.

(c)Opportunity for hearing

Before requiring repayment of payments under subsection (a)(1), or withholding payments under subsection (b)(1), the Secretary shall provide to the State an opportunity for a hearing.

(d)Rule of construction

Notwithstanding any other provision of this part, a State receiving payments under section 290cc–21 of this title may not, with respect to any agreements required to be contained in the application submitted under section 290cc–29 of this title, be considered to be in violation of any such agreements by reason of the fact that the State, in the regular course of providing services under section 290cc–22(b) of this title to eligible homeless individuals, incidentally provides services to homeless individuals who are not eligible homeless individuals.

Editorial Notes

Amendments

1990—Pub. L. 101–645 amended section generally, substituting provisions relating to failure to comply with agreements for provision relating to technical assistance.

§290cc–31 Failure to Comply with Agreements

Summary

Title 42, §290cc–31

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata