1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 75 - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
SUBCHAPTER II - FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS
Sec. 6027 - Withholding of payments for planning, administration, and services

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§6027. Withholding of payments for planning, administration, and services

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State Planning Council and the appropriate State agency designated pursuant to section 6022(b)(1) 1 of this title finds that—

(1) there is a failure to comply substantially with any of the provisions required by section 6022 of this title to be included in the State plan, particularly section 6022(b)(3) or 6022(f) 1 of this title; or

(2) there is a failure to comply substantially with any regulations of the Secretary which are applicable to this subchapter,

the Secretary shall notify such State Council and agency or agencies that further payments will not be made to the State under section 6025 of this title (or, in the discretion of the Secretary, that further payments will not be made to the State under section 6025 of this title for activities in which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payment to the State under section 6025 of this title, or shall limit further payment under section 6025 of this title to such State to activities in which there is no such failure.

(Pub. L. 88–164, title I, §127, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2678; amended Pub. L. 100–146, title II, §207, Oct. 29, 1987, 101 Stat. 851; Pub. L. 103–230, title II, §209, Apr. 6, 1994, 108 Stat. 313.)

References in Text

Section 6022 of this title, referred to in text, was amended generally by Pub. L. 103–230, title II, §203, Apr. 6, 1994, 108 Stat. 297, and, as so amended, section 6022(b) does not contain pars. and section 6022 does not contain a subsec. (f).

Prior Provisions

A prior section 127 of Pub. L. 88–164, title I, as added Pub. L. 94–103, title I, §105, Oct. 4, 1975, 89 Stat. 488, authorized appropriations for making payments for construction, renovation, or modernization of buildings and was classified to section 6043 of this title, prior to general amendment of a prior subchapter II by Pub. L. 95–602, title V, §509, Nov. 6, 1978, 92 Stat. 3008.

Amendments

1994—Pub. L. 103–230 inserted comma after “administration” in section catchline and substituted “section” for “sections” before “6022(b)(3)” in par. (1).

1987—Par. (1). Pub. L. 100–146 inserted “, particularly sections 6022(b)(3) or 6022(f) of this title” after “State plan”.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–146 effective Oct. 1, 1987, see section 601 of Pub. L. 100–146, set out as a note under section 6000 of this title.

Section Referred to in Other Sections

This section is referred to in section 6029 of this title.

1 See References in Text note below.