
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6027]

 
                 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
        
    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--
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    \1\ See References in Text note below.
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        (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, Sec. 127, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2678; amended Pub. L. 100-146, title II, 
Sec. 207, Oct. 29, 1987, 101 Stat. 851; Pub. L. 103-230, title II, 
Sec. 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, Sec. 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, Sec. 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, Sec. 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.
