118 STAT. 2292 PUBLIC LAW 108–405—OCT. 30, 2004 determination under subsection (a)(3), the Attorney General shall, within 30 days, issue guidance to the State regarding corrective action to bring the State into compliance. (3) REPORT TO CONGRESS.—Not later than 90 days after the earlier of the implementation of a corrective action plan or the issuance of guidance under paragraph (2), the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant. (c) PENALTIES FOR NONCOMPLIANCE.—If the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under sec tions 421 and 422 and require the State to return the funds granted under such sections for that fiscal year. Nothing in this paragraph shall prevent a State which has been subject to penalties for non compliance from reapplying for a grant under this subtitle in another fiscal year. (d) PERIODIC REPORTS.—During the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant. (e) ADMINISTRATIVE COSTS.—Not less than 2.5 percent of the funds appropriated to carry out this subtitle for each of fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended. (f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’ STATES NOT IN SUBSTANTIAL COMPLIANCE WITH STATUTORY PROCEDURES.— (1) IN GENERAL.—In the case of a State that employs a statutory procedure described in section 421(e)(1)(C), if the Inspector General submits a determination under subsection (a)(3) that the State is not in substantial compliance with the requirements of the applicable State statute, then for the period beginning with the date on which that determination was submitted and ending on the date on which the Inspector General determines that the State is in substantial compliance with the requirements of that statute, the funds awarded under this subtitle shall be allocated solely for the uses described in section 421. (2) RULE OF CONSTRUCTION.—The requirements of this sub section apply in addition to, and not instead of, the other requirements of this section. SEC. 426. AUTHORIZATION OF APPROPRIATIONS. (a) AUTHORIZATION FOR GRANTS.—There are authorized to be appropriated $75,000,000 for each of fiscal years 2005 through 2009 to carry out this subtitle. (b) RESTRICTION ON USE OF FUNDS TO ENSURE EQUAL ALLOCA TION.—Each State receiving a grant under this subtitle shall allo cate the funds equally between the uses described in section 421 and the uses described in section 422, except as provided in section 425(f). 42 USC 14163e.
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