Failure to comply with agreements

(a) Repayment of payments (1) Requirement The Secretary may, in accordance with subsection (b), require a State to repay any payments received by the State pursuant to section 300d–11(a) of this title that the Secretary determines were not expended by the State in accordance with the agreements required to be made by the State as a condition of the receipt of payments under such section. (2) Offset of amounts If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against any amount due to be paid to the State under section 300d–11(a) of this title. (b) Opportunity for hearing Before requiring repayment of payments under subsection (a)(1), the Secretary shall provide to the State an opportunity for a hearing. (July 1, 1944, ch. 373, title XII, § 1219, as added Pub. L. 101–590, § 3, Nov. 16, 1990, 104 Stat. 2925.)