
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300ee-18]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER XXIII--PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME
 
                    Part A--Formula Grants to States
 
Sec. 300ee-18. Failure to comply with agreements


(a) Repayment of payments

    (1) The Secretary may, subject to subsection (c) of this section, 
require a State to repay any payments received by the State under 
section 300ee-11(a) 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 
300ee-13 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 300ee-11(a) of 
this title.

(b) Withholding of payments

    (1) The Secretary may, subject to subsection (c) of this section, 
withhold payments due under section 300ee-11(a) 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 300ee-13 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 300ee-11(a) 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) of 
this section, or withholding payments under subsection (b)(1) of this 
section, the Secretary shall provide to the State an opportunity for a 
hearing conducted within the State.

(d) Prompt response to serious allegations

    The Secretary shall promptly respond to any complaint of a 
substantial or serious nature that a State has failed to expend amounts 
received under section 300ee-11(a) of this title in accordance with the 
agreements required to be contained in the application submitted by the 
State pursuant to section 300ee-13 of this title.

(e) Investigations

    (1) The Secretary shall conduct in several States in each fiscal 
year investigations of the expenditure of payments received by the 
States under section 300ee-11(a) of this title in order to evaluate 
compliance with the agreements required to be contained in the 
applications submitted to the Secretary pursuant to section 300ee-13 of 
this title.
    (2) The Comptroller General of the United States may conduct 
investigations of the expenditure of funds received under section 300ee-
11(a) of this title by a State in order to ensure compliance with the 
agreements referred to in paragraph (1).
    (3) Each State, and each entity receiving funds from payments made 
to a State under section 300ee-11(a) of this title, shall make 
appropriate books, documents, papers, and records available to the 
Secretary and the Comptroller General of the United States, or any of 
their duly authorized representatives, for examination, copying, or 
mechanical reproduction on or off the premises of the appropriate entity 
upon a reasonable request therefor.
    (4)(A) In conducting any investigation in a State, the Secretary and 
the Comptroller General of the United States may not make a request for 
any information not readily available to the State, or to an entity 
receiving funds from payments made to the State under section 300ee-
11(a) of this title, or make an unreasonable request for information to 
be compiled, collected, or transmitted in any form not readily 
available.
    (B) Subparagraph (A) shall not apply to the collection, compilation, 
or transmittal of data in the course of a judicial proceeding.

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2508, as 
added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat. 3099; 
amended Pub. L. 100-690, title II, Sec. 2619(f) [(g)], Nov. 18, 1988, 
102 Stat. 4243; renumbered title XXV, Pub. L. 101-93, Sec. 5(e)(1), Aug. 
16, 1989, 103 Stat. 612.)


                            Prior Provisions

    A prior section 2508 of act July 1, 1944, was successively 
renumbered by subsequent acts, see section 238g of this title.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-690, Sec. 2619(f)(1) [(g)(1)], 
substituted ``300ee-13 of this title'' for ``300ee-17 of this title''.
    Subsec. (b). Pub. L. 100-690, Sec. 2619(f)(2) [(g)(2)], inserted 
``of payments'' after ``Withholding'' in heading and substituted 
``300ee-13 of this title'' for ``300ee-17 of this title'' in par. (1).
    Subsecs. (d), (e)(1). Pub. L. 100-690, Sec. 2619(f)(3), (4) [(g)(3), 
(4)], substituted ``300ee-13 of this title'' for ``300ee-17 of this 
title''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective immediately after enactment 
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of 
Pub. L. 100-690, set out as a note under section 242m of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 300ee-16 of this title.
