Page:United States Statutes at Large Volume 102 Part 4.djvu/116

 102 STAT. 3086

PUBLIC LAW 100-607—NOV. 4, 1988 "(1) The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 2401(a) 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 2407. "(2) If a State fails to make a repasment 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 2401(a). "(b) WITHHOLDING.—

"(1) The Secretary may, subject to subsection (c), withhold pa3mients due under section 2401(a) 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 2407. "(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 2401(a) in accordance with the agreements referred to in such paragraph. "(c) OPPORTUNITY FOR HEARING.—Before requiring repa5anent of payments under subsection (a)(l), or withholding payments under subsection (b)(D, the Secretary shall provide to the State an opportunity for a hearing conducted within the State. "(d) TECHNICAL VIOLATIONS.—The Secretary may not require repayment under subsection (a)(D, or withhold payments under subsection (b)(l), for a techniced violation, as determined by the Secretary, of any agreement required to be contained in the application submitted by the State pursuant to section 2407. "(e) INVESTIGATIONS.—

Records.

"(1) The Secretary shall conduct in the several States in each fiscal year investigations of the expenditure of payments received by the States under section 2401(a) in order to evaluate compliance with the agreements required to be contained in the applications submitted to the Secretary pursuant to section 2407. "(2) Each State, and each entity receiving funds from payments made to a State under section 2401(a), 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. "(3)(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 2401(a), 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.

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