Page:United States Statutes at Large Volume 106 Part 1.djvu/437

 PUBLIC LAW 102-321—JULY 10, 1992 106 STAT. 405 "(B) the failure of any State to prepare such application in compliance with the program; or "(C) any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State under the program; "(2) are terminated, repaid, or offset under section 1945; "(3) in the case of the program established in section 1911, are aveiilable as a result of reductions in gdlotments under such section pursuant to section 1912(d) or 1915(b); or "(4) in the case of the program established in section 1921, are available as a result of reductions in allotments under such section pursuant to section 1926 or 1930. "SEC. 1945. FAILURE TO COMPLY WITH AGREEMENTS. 42 USC 300x-55. "(a) SUSPENSION OR TERMINATION OF PAYMENTS. —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. "(b) REPAYMENT OF PAYMENTS.— "(1) IN GENERAL.— Subject to subsection (e), the Secretary ' may require a State to repay with interest any pa5nnents received by the State under section 1911 or 1921 that the Secretary determines were not expended by the State in accordance with the agreements required under the program involved. "(2) OFFSET AGAINST PAYMENTS. —I f 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. "(c) WITHHOLDING OF PAYMENTS.— "(1) IN GENERAL.— Subject to subsections (e) and (g)(3), the Secretary may withhold pa5anents due \inder section 1911 or 1921 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. "(2) TERMINATION OF WITHHOLDING.—The Secretary shall cease withholding payments from a State under psiragraph (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 progrsim. " (d) APPLICABILITY OF REMEDIES TO CERTAIN VIOLATIONS.— "(1) IN GENERAL. —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 conation 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. "(2) RELEVANT CONDITIONS. —For purposes of paragraph (1): "(A) In the case of the program estabhshed in section 1911, a condition referred to in this paragraph is the condi-

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