
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC291g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    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
 
Sec. 291g. Withholding of payments; noncompliance with 
        requirements
        
    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,

the Surgeon General may forthwith notify the State agency that--
        (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,

as the Surgeon General may determine to be appropriate under the 
circumstances; and, except with regard to any project for which the 
application has already been approved and which is not directly 
affected, further payments may be withheld, in whole or in part, until 
there is no longer any failure to comply (or carry out the assurance or 
plans and specifications or provide adequate State funds, as the case 
may be) or, if such compliance (or other action) is impossible, until 
the State repays or arranges for the repayment of Federal moneys to 
which the recipient was not entitled.

(July 1, 1944, ch. 373, title VI, Sec. 607, as added Pub. L. 88-443, 
Sec. 3(a), Aug. 18, 1964, 78 Stat. 455.)


                            Prior Provisions

    A prior section 291g, act July 1, 1944, ch. 373, title VI, Sec. 624, 
as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; amended June 29, 
1948, ch. 728, Sec. 1, 62 Stat. 1103; Oct. 25, 1949, ch. 722, 
Secs. 3(b), 7, 63 Stat. 899, 901; Aug. 1, 1956, ch. 852, Sec. 19(c), 70 
Stat. 911; Sept. 25, 1962, Pub. L. 87-688, Sec. 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, 
Sec. 632, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; 
amended Oct. 25, 1949, ch. 722, Sec. 4, 63 Stat. 900; July 12, 1954, ch. 
471, Sec. 4(g), 68 Stat. 466, prior to the general amendment of this 
subchapter by Pub. L. 88-443.

                          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. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.

                  Section Referred to in Other Sections

    This section is referred to in sections 291f, 291h of this title.
