--- kind: "section" citation: "42 U.S.C. § 300ee–18" title: "42" title_heading: "The Public Health and Welfare" number: "300ee–18" heading: "Failure to comply with agreements" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/300ee-18" units: - "Chapter 6A — Public Health Service" - "Subchapter XXIII — Prevention of Acquired Immune Deficiency Syndrome" - "Part A — Formula Grants to States" --- # §300ee–18. Failure to comply with agreements - (a) **Repayment of payments—** - (1) The [Secretary](/usc/42/201.md?p=c) may, subject to [subsection (c)](#c), require a [State](/usc/42/201.md?p=f) to repay any payments received by the [State](/usc/42/201.md?p=f) under [section 300ee–11(a) of this title](/usc/42/300ee–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 contained in the application submitted by the [State](/usc/42/201.md?p=f) pursuant to [section 300ee–13 of this title](/usc/42/300ee–13.md). - (2) 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 the amount of any payment due to be paid to the [State](/usc/42/201.md?p=f) under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a). - (b) **Withholding of payments—** - (1) The [Secretary](/usc/42/201.md?p=c) may, subject to [subsection (c)](#c), withhold payments due under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) if the [Secretary](/usc/42/201.md?p=c) determines that the [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) pursuant to [section 300ee–13 of this title](/usc/42/300ee–13.md). - (2) The [Secretary](/usc/42/201.md?p=c) shall cease withholding payments from a [State](/usc/42/201.md?p=f) under [paragraph (1)](#b-1) if the [Secretary](/usc/42/201.md?p=c) determines that there are reasonable assurances that the [State](/usc/42/201.md?p=f) will expend amounts received under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) in accordance with the agreements referred to in such paragraph. - (3) The [Secretary](/usc/42/201.md?p=c) may not withhold funds under [paragraph (1)](#b-1) from a [State](/usc/42/201.md?p=f) for a minor failure to comply with the agreements referred to in such paragraph. - (c) **Opportunity for hearing—** Before requiring repayment of payments under [subsection (a)(1)](#a-1), or withholding payments under [subsection (b)(1)](#b-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 conducted within the [State](/usc/42/201.md?p=f). - (d) **Prompt response to serious allegations—** The [Secretary](/usc/42/201.md?p=c) shall promptly respond to any complaint of a substantial or serious nature that a [State](/usc/42/201.md?p=f) has failed to expend amounts received under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) in accordance with the agreements required to be contained in the application submitted by the [State](/usc/42/201.md?p=f) pursuant to [section 300ee–13 of this title](/usc/42/300ee–13.md). - (e) **Investigations—** - (1) The [Secretary](/usc/42/201.md?p=c) shall conduct in several [States](/usc/42/201.md?p=f) in each fiscal year investigations of the expenditure of payments received by the [States](/usc/42/201.md?p=f) under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) in order to evaluate compliance with the agreements required to be contained in the applications submitted to the [Secretary](/usc/42/201.md?p=c) pursuant to [section 300ee–13 of this title](/usc/42/300ee–13.md). - (2) The [Comptroller General](/usc/42/300x–64.md?p=b-1) of the United States may conduct investigations of the expenditure of funds received under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a) by a [State](/usc/42/201.md?p=f) in order to ensure compliance with the agreements referred to in [paragraph (1)](#e-1). - (3) Each [State](/usc/42/201.md?p=f), and each entity receiving funds from payments made to a [State](/usc/42/201.md?p=f) under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a), shall make appropriate books, documents, papers, and records available to the [Secretary](/usc/42/201.md?p=c) and the [Comptroller General](/usc/42/300x–64.md?p=b-1) 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 investigation in a [State](/usc/42/201.md?p=f), the [Secretary](/usc/42/201.md?p=c) and the [Comptroller General](/usc/42/300x–64.md?p=b-1) of the United States may not make a request for any information not readily available to the [State](/usc/42/201.md?p=f), or to an entity receiving funds from payments made to the [State](/usc/42/201.md?p=f) under [section 300ee–11(a) of this title](/usc/42/300ee–11.md?p=a), or make an unreasonable request for information to be compiled, collected, or transmitted in any form not readily available. - (B) [Subparagraph (A)](#e-4-A) shall not apply to the collection, compilation, or transmittal of data in the course of a judicial proceeding. ## Source credit (July 1, 1944, ch. 373, title XXV, formerly title XV, § 2508, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3099; amended Pub. L. 100–690, title II, § 2619(f) [(g)], Nov. 18, 1988, 102 Stat. 4243; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 2508 of act July 1, 1944, was successively renumbered by subsequent acts, see section 238g of this title. ### Amendments 1988—Subsec. (a). Pub. L. 100–690, § 2619(f)(1) [(g)(1)], substituted “300ee–13 of this title” for “300ee–17 of this title”. Subsec. (b). Pub. L. 100–690, § 2619(f)(2) [(g)(2)], inserted “of payments” after “Withholding” in heading and substituted “300ee–13 of this title” for “300ee–17 of this title” in par. (1). Subsecs. (d), (e)(1). Pub. L. 100–690, § 2619(f)(3), (4) [(g)(3), (4)], substituted “300ee–13 of this title” for “300ee–17 of this title”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1988 Amendment Amendment by Pub. L. 100–690 effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100–690, set out as a note under section 242m of this title.