§291g — Title 42 The Public Health and Welfare | U.S. Code

§291g Withholding of Payments; Noncompliance with Requirements

Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter IV— CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES › Part A— Grants and Loans for Construction and Modernization of Hospitals and Other Medical Facilities › § 291g

Last updated Apr 5, 2026|Official source

Summary

The Surgeon General can stop federal payments to a State after giving the State agency named under section 291d(a)(1) notice and a chance for a hearing if he finds any of the following: the State is not following the required parts of its plan under section 291d; a required assurance in an application under section 291e is not being or cannot be carried out; approved plans under section 291e are not being carried out; or the State is not providing enough yearly funds to run the State plan. If one of those is found, the Surgeon General may withhold all payments under this part, or cut off some or all funds from the State’s allotments under section 291a or for any specific projects he says are affected.

Title 42, §291g

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

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

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

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

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

(d)that adequate State funds are not being provided annually for the direct administration of the State plan,

(e)no further payments will be made to the State under this part, or

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

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 291g, act

July 1, 1944, ch. 373, title VI, § 624, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended

June 29, 1948, ch. 728, § 1, 62 Stat. 1103; Oct. 25, 1949, ch. 722, §§ 3(b), 7, 63 Stat. 899, 901; Aug. 1, 1956, ch. 852, § 19(c), 70 Stat. 911; Sept. 25, 1962, Pub. L. 87–688, § 4(a)(3), 76 Stat. 587, 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 Pub. L. 88–443. See section 291b of this title. Provisions similar to those comprising this section were contained in former section 291j(a), acts

July 1, 1944, ch. 373, title VI, § 632, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended Oct. 25, 1949, ch. 722, § 4, 63 Stat. 900;

July 12, 1954, ch. 471, § 4(g), 68 Stat. 466, prior to the general amendment of this subchapter by Pub. L. 88–443.

Statutory Notes and Related Subsidiaries

Change of Name

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

Executive Documents

Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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 section 202 of this title. 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, Mar. 30, 1987, 52 F.R. 11754.