7 U.S.C. § 2665: Withholding funds

Summary

If the Secretary finds that a State failed to follow rules and withholds some or all of the State’s program money, the Secretary must report the reasons to the President and keep the withheld amount separate in the Treasury until the end of the next Congress that follows the State legislature’s session. The State can appeal to Congress, and if that next Congress does not order payment, the money stays in the Treasury. If any money a State gets for these programs is reduced, lost, or used wrongly, the State must replace it.

Title 7, §2665

Agriculture, Source: USLM XML via OLRC

If the Secretary determines that a State is not eligible to receive part or all of the funds to which it is otherwise entitled for programs under section 2662(a) and (b) of this title because of a failure to comply with regulations issued by the Secretary under this subchapter, the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the expiration of the Congress next succeeding the session of the legislature of the State from which funds have been withheld in order that the State may, if it should so desire, appeal to Congress from the determination of the Secretary. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. If any portion of the moneys that are received by the designated officers of any State for the support and maintenance of programs authorized under this subchapter shall by any action or contingency be diminished or lost, or be misapplied, it shall be replaced by the State.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2665, Pub. L. 92–419, title V, § 505, Aug. 30, 1972, 86 Stat. 673, related to agreements and plans, prior to repeal by Pub. L. 97–98, title XIV, § 1444(a), Dec. 22, 1981, 95 Stat. 1326. Provisions similar to those comprising this section were contained in former section 2666 of this title, prior to its repeal by Pub. L. 97–98.

Amendments

2018—Pub. L. 115–334 substituted “If the Secretary” for “If the Secretary of Agriculture”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as a note under section 4301 of this title.

§2665 Withholding Funds