Page:United States Statutes at Large Volume 69.djvu/748

 706

PUBLIC LAW 377-AUG. 12, 1955

[69 S T A T.

he finds that his estimate of the amount to be paid to the State for any prior period under this Act was greater or less than the amount which should have been paid to the State for such prior period under this Act. Such payments shall be made in such installments as the Surgeon General may determine. USE OF FUNDS PAID TO STATES

SEC. 6. (a) Funds paid to a State from that part of its allotment computed in accordance with section 3(a)(1) of this Act may be used solely for the purchase, prior to February 15, 1956, of the poliomyelitis vaccine for use in carrying out the plan set forth in the application of such State approved pursuant to section 4. (b) Funds paid to a State from that part of its allotment computed in accordance with section 3(a)(2) of this Act may be used prior to February 15, 1956, only for planning poliomyelitis vaccination programs within the State and for conducting such programs through public agencies in the State in accordance with the plan set forth in the application of such State approved pursuant to section 4; except that any part of such funds determined by the State to be in excess of the amount necessary for such purposes may be used for the purposes specified in subsection (a) of this section. (c) Nothing in this Act shall limit funds granted to a State under other provisions of Federal legislation from being available to purchase poliomyelitis vaccine or to plan and conduct poliomyelitis vaccination programs in accordance with approved State plans applicable to such grants. FURNISHING OF VACCINE BY SURGEON GENERAL

SEC. 7. At the request of any State the Surgeon General may use all or any portion of the allotment of such State under this Act for the purchase, in accordance with State specifications, of the poliomyelitis vaccine, to be furnished to the State in lieu of such State's allotment (or such portion thereof). Vaccine so furnished shall be subject to the same requirements as to use as vaccine purchased from payments to States pursuant to this Act. DIVERSION o r FEDERAL FUNDS

SEC. 8. Whenever the Surgeon General, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the plan included in the application of such State approved under section 4, finds that— (a) such State agency is not complying substantially with the provisions of this Act or the terms and conditions of its approved application; or (b) any funds paid to such State or supplies of vaccine furnished to it under this Act have been diverted from the purposes for which paid or furnished; the Surgeon General shall notify such State agency that no further payments will be made (or no further supplies of vaccine will be furnished) to the State under this Act until he is satisfied that there is no longer any failure to comply or the diversion has been corrected or, if compliance or correction is impossible, until such State agency repays or arranges for the repayment of Federal funds which have been diverted or improperly expended (or for repayment of the cost of the vaccine which has been diverted).

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