Page:United States Statutes at Large Volume 102 Part 4.djvu/130

 102 STAT. 3100

PUBLIC LAW 100-607—NOV. 4, 1988 tained in the application submitted by the State pursuant to section 2507. "(2) If a State fails to make a repayment required in paragraph (1), the Secretary may ofTset the amount of the repayment against the amount of any payment due to be paid to the State under section 2501(a). "(b) WITHHOLDING.—

"(1) The Secretary may, subject to subsection (c), withhold payments due under section 2501(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 2507. "(2) The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that there are reasonsdble assurances that the State will expend amounts received under section 2501(a) in accordance with the agreements referred to in such paragraph. "(3) The Secretary may not withhold funds under paragraph (1)firoma State for a minor failure to comply with the agreements referred to in such paragraph. "(c) OPPOHTUNITY FOE HEABING.—Before requiring repayment of payments under subsection (a)(l), or withholding payments under subsection (b)(l), the Secretary shall provide to the State an opportunity for a hearing conducted within the State. "(d) PROBOT R E ^ N S E 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 2501(a) in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 2507. "(e) INVESTIGATIONS.—

Records.

"(1) The Secretary shall conduct in several States in each fiscal year investigations of the expenditure of payments received by the States under section 2501(a) in order to evaluate compliance with the agreements required to be contained in the applications submitted to the Secretary pursuant to section 2507. "(2) The Comptroller General of the United States may conduct investigations of the expenditure of funds received under section 2501(a) 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 2501(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. "(4)(A) In conducting any investigacion 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 pa3mients made to the State under section 2501(a), or make an unreasonable r e q u ^ for information to be compiled, collected, or transmitted in any form not readily available.

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