
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: 42USC300w-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
       Part A--Preventive Health and Health Services Block Grants
 
Sec. 300w-6. Withholding of funds


(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.

(July 1, 1944, ch. 373, title XIX, Sec. 1907, as added Pub. L. 97-35, 
title IX, Sec. 901, Aug. 13, 1981, 95 Stat. 541.)

                  Section Referred to in Other Sections

    This section is referred to in sections 300w-4, 300w-10, 9875 of 
this title.
