42 U.S.C. § 300w–6: Withholding of funds

Summary

The Secretary can stop federal money to a State if the State does not use its allotment the way the law and its certification require. Before money is stopped, the State must get fair notice and a chance for a hearing inside that State. The Secretary must first investigate the use of funds, using qualified investigators who work in the affected State. The Secretary must act quickly on serious complaints. Money cannot be cut off for small or minor mistakes. Funds stay withheld until the problem is fixed and there is good reason to believe it will not happen again. Each year the Secretary will investigate how funds are used in several States. The Comptroller General may also investigate State use of these funds. States and any groups that got State funds must let the Secretary or the Comptroller General look at and copy books, papers, and records when asked reasonably. Investigators cannot demand information that is not readily available or force unreasonable new data collection or odd formats, unless the request is part of a court case.

Title 42, §300w–6

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

(a)Prerequisites

(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)Investigations

(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)Availability of books, documents, papers, and records

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)Information not readily available

(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.

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.

§300w–6 Withholding of Funds

Summary

Title 42, §300w–6

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata