Pub. L. 92-512, tit. I, subtit. A, sec. 104

PROHIBITION ON USE AS MATCHING FUNDS BY STATE OR LOCAL. GOVERNMENTS.

EnactedYear: 1972Length: 451 wordsOfficial source
SEC. 104. PROHIBITION ON USE AS MATCHING FUNDS BY STATE OR LOCAL. GOVERNMENTS. (a) In General.— No State government or unit of local government may use, directly or indirectly, any part of the funds it receives under this subtitle as a contribution for the purpose of obtaining Federal funds under any law of the United States which requires such government to make a contribution in order to receive Federal funds. (b) Determinations by Secretary of the Treasury.— If the Secretary has reason to believe that a State government or unit of local government has used funds received under this subtitle in violation of subsection (a), he shall give reasonable notice and opportunity for hearing to such government. If, thereafter, the Secretary of the Treasury determines that such government has used funds m violation of subsection (a), he shall notify such government of his determination, and shall request repayment to the United States of an amount equal to the funds so used. To the extent that such government fails to repay such amount, the Secretary shall withhold from subsequent payments to such government under this subtitle an amount equal to the funds so used. (c) Increased State or Local Government Revenues.— No State government or unit of local government shall be determined to have used funds in violation of subsection (a) with respect to any funds received for any entitlement period to the extent that the net revenues received by it from its own sources during such period exceed the net revenues received by it from its own sources during the one-year period beginning July 1, 1971 (or one-half of such net revenues, in the case of an entitlement period of 6 months). (d) Deposits and Transfers to General Fund.— Any amount repaid by a State government or unit of local government under subsection (b) shall be deposited in the general fund of the Treasury. An amount equal to the reduction in payments to any State government or unit of local government which results from the application of this section (after any judicial review under section 143) shall be transferred from the Trust Fund to the general fund of the Treasury on the day on which such reduction becomes final. (e) Certificates by State and Local Governments.— The Secretary is authorized to accept a certification by the Governor of a State or the chief executive officer of a unit of local government that the State government or unit of local government has not used any funds received by it under this subtitle for an entitlement period in violation of subsection (a), unless he determines that such certification is not sufficiently reliable to enable him to carry out his duties under this title.
Pub. L. 92-512, tit. I, subtit. A, sec. 104: PROHIBITION ON USE AS MATCHING FUNDS BY STATE OR LOCAL. GOVERNMENTS. | Justis AI