Page:United States Statutes at Large Volume 106 Part 1.djvu/438

 106 STAT. 406 PUBLIC LAW 102-321—JULY 10, 1992 tion established in section 1912(d) and the condition estab- Hshed in section 1915(b). "(B) In the case of the program established in section 1921, a condition referred to in this paragraph is the condition estabhshed in section 1926 and the condition estab- Hshed in section 1930. "(e) OPPORTUNITY FOR HEARING. —Before taking action against a State under any of subsections (a) through (c) (or under a section referred to in subsection (d)(2), as the case may be), the Secretary shall provide to the State involved adequate notice and an opportunity for a hearing. "(f) REQUIREMENT OF HEARING IN CERTAIN CIRCUMSTANCES.— "(1) IN GENERAL.— I f the Secretary receives a complaint that a State has failed to maintain material compliance with the agreements or other conditions required for receiving a grant under the program involved (including any condition referred to for purposes of subsection (d)), and there appears to be reasonable evidence to support the complaint, the Secretary shall promptly conduct a hearing with respect to the complaint. "(2) FINDING OF MATERIAL NONCOMPLIANCE.— If in a hearing under paragraph (1) the Secretary finds that the State involved has failed to maintain material compliance with the agreement or other condition involved, the Secretary shall take such action \mder this section as may be appropriate to ensure that material compliance is so maintained, or such action as may be required in a section referred to in subsection (d)(2), as the case may be. "(g) CERTAIN INVESTIGATIONS.— "(1) REQUIREMENT REGARDING SECRETARY.—The Secretary shall in fiscal year 1994 and each subsequent fiscal year conduct in not less than 10 States investigations of the expenditure of grants received by the States under section 1911 or 1921 in order to evaluate compliance with the agreements required under the program involved. "(2) PROVISION OF RECORDS ETC. UPON REQUEST.— Each State receiving a greint under section 1911 or 1921, and each entity receiving funds from the grant, shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General, 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) LIMITATIONS ON AUTHORITY.—The Secretary may not institute proceedings under subsection (c) unless the Secretary has conducted an investigation concerning whether the State has expended payments under the program involved in accordance with the agreements required \mder the program. Any such investigation shall be conducted within the State by qualified investigators. 42 USC 300X-56. "SEC. 1946. PROHIBITIONS REGARDING RECEIPT OF FUNDS. " (a) ESTABLISHMENT.— " (1) CERTAIN FALSE STATEMENTS AND REPRESENTATIONS.— A person shall not knowingly and willfully make or cause to be made any false statement or representation of a material fact in connection with the fiimislung of items or services ^

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