{"identifier":"/us/usc/t42/s300x\u201355","title":42,"num":"\u00a7\u202f300x\u201355.","heading":"Failure to comply with agreements","text":"\u00a7\u202f300x\u201355.\nFailure to comply with agreements\n(a)\nSuspension or termination of payments\nSubject to subsection (e), if the Secretary determines that a State has materially failed to comply with the agreements or other conditions required for the receipt of a grant under the program involved, the Secretary may in whole or in part suspend payments under the grant, terminate the grant for cause, or employ such other remedies (including the remedies provided for in subsections (b) and (c)) as may be legally available and appropriate in the circumstances involved.\n(b)\nRepayment of payments\n(1)\nIn general\nSubject to subsection (e), the Secretary may require a State to repay with interest any payments received by the State under section 300x or 300x\u201321 of this title that the Secretary determines were not expended by the State in accordance with the agreements required under the program involved.\n(2)\nOffset against payments\nIf 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 the program involved.\n(c)\nWithholding of payments\n(1)\nIn general\nSubject to subsections (e) and (g)(3), the Secretary may withhold payments due under section 300x or 300x\u201321 of this title if the Secretary determines that the State involved is not expending amounts received under the program involved in accordance with the agreements required under the program.\n(2)\nTermination of withholding\nThe 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 the program involved in accordance with the agreements required under the program.\n(d)\nApplicability of remedies to certain violations\n(1)\nIn general\nWith respect to agreements or other conditions for receiving a grant under the program involved, in the case of the failure of a State to maintain material compliance with a condition referred to in paragraph (2), the provisions for noncompliance with the condition that are provided in the section establishing the condition shall apply in lieu of subsections (a) through (c) of this section.\n(2)\nRelevant conditions\nFor purposes of paragraph (1):\n(A) In the case of the program established in\nsection 300x of this title\nsection 300x\u20131(d) of this title\nsection 300x\u20134(b) of this title\n(B) In the case of the program established in\nsection 300x\u201321 of this title\nsection 300x\u201326 of this title\nsection 300x\u201330 of this title\n(e)\nOpportunity for hearing\nBefore taking action against a State under any of subsections (a) through (c) (or under a section referred to in subsection (d)(2), as the case may be), the Secretary shall provide to the State involved adequate notice and an opportunity for a hearing.\n(f)\nRequirement of hearing in certain circumstances\n(1)\nIn general\nIf the Secretary receives a complaint that a State has failed to maintain material compliance with the agreements or other conditions required for receiving a grant under the program involved (including any condition referred to for purposes of subsection (d)), and there appears to be reasonable evidence to support the complaint, the Secretary shall promptly conduct a hearing with respect to the complaint.\n(2)\nFinding of material noncompliance\nIf in a hearing under paragraph (1) the Secretary finds that the State involved has failed to maintain material compliance with the agreement or other condition involved, the Secretary shall take such action under this section as may be appropriate to ensure that material compliance is so maintained, or such action as may be required in a section referred to in subsection (d)(2), as the case may be.\n(g)\nCertain investigations\n(1)\nRequirement regarding Secretary\nThe Secretary shall in fiscal year 1994 and each subsequent fiscal year conduct in not less than 10 States investigations of the expenditure of grants received by the States under section 300x or 300x\u201321 of this title in order to evaluate compliance with the agreements required under the program involved.\n(2)\nProvision of records, etc., upon request\nEach State receiving a grant under section 300x or 300x\u201321 of this title, and each entity receiving funds from the grant, shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General, 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.\n(3)\nLimitations on authority\nThe Secretary may not institute proceedings under subsection (c) unless the Secretary has conducted an investigation concerning whether the State has expended payments under the program involved in accordance with the agreements required under the program. Any such investigation shall be conducted within the State by qualified investigators.","url":"https://projectusc.org/usc/t42/s300x\u201355.html","content":[{"t":"sec","id":"/us/usc/t42/s300x\u201355","children":[{"t":"num","text":"\u00a7\u202f300x\u201355."},{"t":"heading","text":"Failure to comply with agreements"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Suspension or termination of payments"},{"t":"content","children":[{"t":"p","text":"Subject to subsection (e), if the Secretary determines that a State has materially failed to comply with the agreements or other conditions required for the receipt of a grant under the program involved, the Secretary may in whole or in part suspend payments under the grant, terminate the grant for cause, or employ such other remedies (including the remedies provided for in subsections (b) and (c)) as may be legally available and appropriate in the circumstances involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Repayment of payments"},{"t":"para","id":"/us/usc/t42/s300x\u201355/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to subsection (e), the Secretary may require a State to repay with interest any payments received by the State under section 300x or 300x\u201321 of this title that the Secretary determines were not expended by the State in accordance with the agreements required under the program involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300x\u201355/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Offset against payments"},{"t":"content","children":[{"t":"p","text":"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 the program involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Withholding of payments"},{"t":"para","id":"/us/usc/t42/s300x\u201355/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to subsections (e) and (g)(3), the Secretary may withhold payments due under section 300x or 300x\u201321 of this title if the Secretary determines that the State involved is not expending amounts received under the program involved in accordance with the agreements required under the program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300x\u201355/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Termination of withholding"},{"t":"content","children":[{"t":"p","text":"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 the program involved in accordance with the agreements required under the program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Applicability of remedies to certain violations"},{"t":"para","id":"/us/usc/t42/s300x\u201355/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"With respect to agreements or other conditions for receiving a grant under the program involved, in the case of the failure of a State to maintain material compliance with a condition referred to in paragraph (2), the provisions for noncompliance with the condition that are provided in the section establishing the condition shall apply in lieu of subsections (a) through (c) of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300x\u201355/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Relevant conditions"},{"t":"chapeau","text":"For purposes of paragraph (1):"},{"t":"subpara","id":"/us/usc/t42/s300x\u201355/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" In the case of the program established in ","children":[{"t":"ref","text":"section 300x of this title","href":"/us/usc/t42/s300x","tail":", a condition referred to in this paragraph is the condition established in "},{"t":"ref","text":"section 300x\u20131(d) of this title","href":"/us/usc/t42/s300x\u20131/d","tail":" and the condition established in "},{"t":"ref","text":"section 300x\u20134(b) of this title","href":"/us/usc/t42/s300x\u20134/b","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300x\u201355/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" In the case of the program established in ","children":[{"t":"ref","text":"section 300x\u201321 of this title","href":"/us/usc/t42/s300x\u201321","tail":", a condition referred to in this paragraph is the condition established in "},{"t":"ref","text":"section 300x\u201326 of this title","href":"/us/usc/t42/s300x\u201326","tail":" and the condition established in "},{"t":"ref","text":"section 300x\u201330 of this title","href":"/us/usc/t42/s300x\u201330","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Opportunity for hearing"},{"t":"content","children":[{"t":"p","text":"Before taking action against a State under any of subsections (a) through (c) (or under a section referred to in subsection (d)(2), as the case may be), the Secretary shall provide to the State involved adequate notice and an opportunity for a hearing.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Requirement of hearing in certain circumstances"},{"t":"para","id":"/us/usc/t42/s300x\u201355/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"If the Secretary receives a complaint that a State has failed to maintain material compliance with the agreements or other conditions required for receiving a grant under the program involved (including any condition referred to for purposes of subsection (d)), and there appears to be reasonable evidence to support the complaint, the Secretary shall promptly conduct a hearing with respect to the complaint.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300x\u201355/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Finding of material noncompliance"},{"t":"content","children":[{"t":"p","text":"If in a hearing under paragraph (1) the Secretary finds that the State involved has failed to maintain material compliance with the agreement or other condition involved, the Secretary shall take such action under this section as may be appropriate to ensure that material compliance is so maintained, or such action as may be required in a section referred to in subsection (d)(2), as the case may be.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s300x\u201355/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Certain investigations"},{"t":"para","id":"/us/usc/t42/s300x\u201355/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Requirement regarding Secretary"},{"t":"content","children":[{"t":"p","text":"The Secretary shall in fiscal year 1994 and each subsequent fiscal year conduct in not less than 10 States investigations of the expenditure of grants received by the States under section 300x or 300x\u201321 of this title in order to evaluate compliance with the agreements required under the program involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300x\u201355/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Provision of records, etc., upon request"},{"t":"content","children":[{"t":"p","text":"Each State receiving a grant under section 300x or 300x\u201321 of this title, and each entity receiving funds from the grant, shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General, 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300x\u201355/g/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Limitations on authority"},{"t":"content","children":[{"t":"p","text":"The Secretary may not institute proceedings under subsection (c) unless the Secretary has conducted an investigation concerning whether the State has expended payments under the program involved in accordance with the agreements required under the program. Any such investigation shall be conducted within the State by qualified investigators.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}