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42 U.S.C. § 300ee–18 — Failure to comply with agreements

submitted 82 years ago by Pub. L. 100-607 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 587 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a state misuses its AIDS-education funds, the Secretary can require repayment or withhold future payments. The Secretary must first offer the state a hearing. The Secretary and the Comptroller General also investigate state spending and may request records to check compliance.

(a) Repayment of payments (1) Subject to subsection (c), the Secretary may require a state to repay money it received under section 300ee-11(a) if the Secretary decides the state didn't spend it the way its application under section 300ee-13 promised. (2) If a state doesn't make a required repayment, the Secretary can subtract the amount owed from a future payment due to that state. (b) Withholding of payments (1) Subject to subsection (c), the Secretary may withhold payments due under section 300ee-11(a) if the Secretary decides a state isn't spending its money the way its application promised. (2) The Secretary must stop withholding once satisfied there's reasonable assurance the state will spend the money as promised. (3) The Secretary can't withhold funds for a minor failure to comply. (c) Opportunity for hearing Before requiring repayment under (a)(1) or withholding payments under (b)(1), the Secretary must give the state a chance for a hearing held within that state. (d) Prompt response to serious allegations The Secretary must respond promptly to any substantial or serious complaint that a state hasn't spent its money as its application promised. (e) Investigations (1) Each fiscal year, the Secretary must investigate how several states are spending their payments, to check compliance with their applications. (2) The Comptroller General may also investigate how a state spends its funds, for the same compliance-checking purpose. (3) Every state, and every entity that gets money from a state's payments, must make its books, documents, papers, and records available -- for examination, copying, or reproduction, on or off site -- to the Secretary and the Comptroller General (or their authorized representatives) on reasonable request. (4) (A) When investigating a state, the Secretary and the Comptroller General can't ask for information the state (or a funded entity) doesn't already have readily available, and can't make unreasonable requests to compile, collect, or transmit information in a form that isn't readily available. (B) This limit doesn't apply to gathering data for a court case.
the actual law source: uscode.house.gov ↗public domain
(a) Repayment of payments
(1)

The Secretary may, subject to subsection (c), 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), 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), or withholding payments under subsection (b)(1), 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.

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

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-607 · 102 Stat. 3099
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4243
  • 1989Amended · Pub. L. 101-93 · 103 Stat. 612

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-607 on 1944-07-01.

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