
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC290cc-31]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
     Part C--Projects for Assistance in Transition From Homelessness
 
Sec. 290cc-31. Failure to comply with agreements


(a) Repayment of payments

    (1) The Secretary may, subject to subsection (c) of this section, 
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) of this section, 
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) of 
this section, or withholding payments under subsection (b)(1) of this 
section, 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.

(July 1, 1944, ch. 373, title V, Sec. 531, as added Pub. L. 100-77, 
title VI, Sec. 611(3), July 22, 1987, 101 Stat. 521; amended Pub. L. 
101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4731.)


                               Amendments

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