42 U.S.C. § 2996j — Special limitations

Page 5665 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2996k may be necessary for fiscal year 1977. There are authorized to be appropriated for the purpose of carrying out the activities of the Corporation $205,000,000 for the fiscal year 1978, and such sums as may be necessary for each of the two succeeding fiscal years. The first appropriation may be made available to the Corporation at any time after six or more members of the Board have been appointed and qualified. Appro- priations for that purpose shall be made for not more than two fiscal years, and shall be paid to the Corporation in annual installments at the beginning of each fiscal year in such amounts as may be specified in Acts of Congress making ap- propriations. (b) Availability of funds Funds appropriated pursuant to this section shall remain available until expended. (c) Non-Federal funds Non-Federal funds received by the Corpora- tion, and funds received by any recipient from a source other than the Corporation, shall be ac- counted for and reported as receipts and dis- bursements separate and distinct from Federal funds; but any funds so received for the provi- sion of legal assistance shall not be expended by recipients for any purpose prohibited by this subchapter, except that this provision shall not be construed to prevent recipients from receiv- ing other public funds or tribal funds (including foundation funds benefiting Indians or Indian tribes) and expending them in accordance with the purposes for which they are provided, or to prevent contracting or making other arrange- ments with private attorneys, private law firms, or other State or local entities of attorneys, or with legal aid societies having separate public defender programs, for the provision of legal as- sistance to eligible clients under this sub- chapter. (d) Limitations on grant or contract authority Not more than 10 percent of the amounts ap- propriated pursuant to subsection (a) of this sec- tion for any fiscal year shall be available for grants or contracts under section 2996e(a)(3) of this title in any such year. (Pub. L. 88–452, title X, § 1010, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, §§ 5(c), 15, Dec. 28, 1977, 91 Stat. 1619, 1623.) Editorial Notes AMENDMENTS 1977—Subsec. (a). Pub. L. 95–222, § 15, inserted provi- sions authorizing appropriations for fiscal year 1978 and two succeeding fiscal years, and substituted provisions requiring appropriations to be made for not more than two fiscal years and payments in annual installments at beginning of each fiscal year in appropriated amounts, for provisions requiring appropriations to be for not more than two fiscal years, and, if for more than one year, in payments in annual installments at beginning of each fiscal year in appropriated amounts. Subsec. (d). Pub. L. 95–222, § 5(c), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by section 5(c) of Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title. Pub. L. 95–222, § 17(a)(2), Dec. 28, 1977, 91 Stat. 1624, provided that: ‘‘The amendment made by section 15 of this Act [amending this section] shall be effective with respect to fiscal years beginning after September 30, 1977.’’ § 2996j. Special limitations The Corporation shall prescribe procedures to insure that— (1) financial assistance under this sub- chapter shall not be suspended unless the grantee, contractor, or person or entity re- ceiving financial assistance under this sub- chapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and (2) financial assistance under this sub- chapter shall not be terminated, an applica- tion for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity re- ceiving financial assistance under this sub- chapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to ter- minate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with proce- dures established in regulations promulgated by the Corporation. (Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, § 16, Dec. 28, 1977, 91 Stat. 1624.) Editorial Notes AMENDMENTS 1977—Par. (2). Pub. L. 95–222 inserted provisions relat- ing to function and appointment of an independent hearing examiner, and the time for any hearings. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title. § 2996k. Coordination The President may direct that appropriate support functions of the Federal Government may be made available to the Corporation in carrying out its activities under this sub- chapter, to the extent not inconsistent with other applicable law. (Pub. L. 88–452, title X, § 1012, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388.) Executive Documents EX. ORD. NO. 11874. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 11874 eff. July 25, 1975, 40 F.R. 31737, pro- vided: By virtue of the authority vested in me by Section 1012 of the Economic Opportunity Act of 1964, as amended by the Legal Services Corporation Act of 1974