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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 290cc31 Failure to comply with agreements us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 290cc31 42 U.S.C. § 290cc31 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s290cc31 data/legal/raw/us/code/title-42/usc42.xml bdb7600b4946e903ac6397ea45d5cac98e2f8758a01b0c21fabb53d75d595884 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 5d8dfd5c79536e95f8091d883970cb63ae48c9a737ba14a33e398feccbf2e7af 2026-07-04 official
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42 U.S.C. § 290cc31 - Failure to comply with agreements

Text

(a) Repayment of payments (1) The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 290cc21 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 290cc29 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 290cc21 of this title.

(b) Withholding of payments (1) The Secretary may, subject to subsection (c), withhold payments due under section 290cc21 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 290cc29 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 290cc21 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), or withholding payments under subsection (b)(1), 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 290cc21 of this title may not, with respect to any agreements required to be contained in the application submitted under section 290cc29 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 290cc22(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, § 531, as added Pub. L. 10077, title VI, § 611(3), July 22, 1987, 101 Stat. 521; amended Pub. L. 101645, title V, § 511, Nov. 29, 1990, 104 Stat. 4731.)

Notes

Editorial Notes

Amendments1990—Pub. L. 101645 amended section generally, substituting provisions relating to failure to comply with agreements for provision relating to technical assistance.