---
kind: "section"
citation: "42 U.S.C. § 300d–19"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300d–19"
heading: "Failure to comply with agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300d-19"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter X — Trauma Care"
  - "Part B — Formula Grants With Respect to Modifications of State Plans"
---

# §300d–19. Failure to comply with agreements

- (a) **Repayment of payments—**
  - (1) **Requirement—** The [Secretary](/usc/42/201.md?p=c) may, in accordance with [subsection (b)](#b), require a [State](/usc/42/201.md?p=f) to repay any payments received by the [State](/usc/42/201.md?p=f) pursuant to [section 300d–11(a) of this title](/usc/42/300d–11.md?p=a) that the [Secretary](/usc/42/201.md?p=c) determines were not expended by the [State](/usc/42/201.md?p=f) in accordance with the agreements required to be made by the [State](/usc/42/201.md?p=f) as a condition of the receipt of payments under such section.
  - (2) **Offset of amounts—** If a [State](/usc/42/201.md?p=f) fails to make a repayment required in [paragraph (1)](#a-1), the [Secretary](/usc/42/201.md?p=c) may offset the amount of the repayment against any amount due to be paid to the [State](/usc/42/201.md?p=f) under [section 300d–11(a) of this title](/usc/42/300d–11.md?p=a).
- (b) **Opportunity for hearing—** Before requiring repayment of payments under [subsection (a)(1)](#a-1), the [Secretary](/usc/42/201.md?p=c) shall provide to the [State](/usc/42/201.md?p=f) an opportunity for a hearing.

## Source credit

(July 1, 1944, ch. 373, title XII, § 1219, as added Pub. L. 101–590, § 3, Nov. 16, 1990, 104 Stat. 2925.)
