§ 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.
(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.
(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.