Page:United States Statutes at Large Volume 104 Part 4.djvu/609

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PUBLIC LAW 101-590—NOV. 16, 1990 104 STAT. 2925 "(ii) an amount equal to the sum of the respective amounts determined for the States under clause (i). "(c) DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOT- MENTS. — "(1) IN GENERAL. —Amounts described in paragraph (2) shall, in accordance with paragraph (3), be allotted by the Secretary to States receiving payments under section 1211(a) for the fiscal year (other than any State referred to in paragraph (2)(C)). "(2) TYPE OF AMOUNTS.— The amounts referred to in paragraph (1) are any amounts made available pursuant to 1232(b)(3) that are not paid under section 1211(a) to a State as a result of— "(A) the failure of the State to submit an application under section 1217; "(B) the failure, in the determination of the Secretary, of the State to prepare within a reasonable period of time such application in compliance with such section; or (C) the State informing the Secretary that the State does not intend to expend the full amount of the allotment made for the State. "(3) AMOUNT.— The amount of an allotment under paragraph (1) for a State for a fiscal year shall be an amount equal to the product of— "(A) an amount equal to the amount described in paragraph (2) for the fiscal year involved; and "(B) the percentage determined under subsection (b)(2) for the State. "SEC. 1219. FAILURE TO COMPLY WITH AGREEMENTS. 42 USC 300d-19. "(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 1211(a) 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 repay- ment 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 1211(a). "(b) OPPORTUNITY FOR A HEARING.— Before requiring repayment of payments under subsection (a)(1), the Secretary shall provide to the State an opportunity for a hearing. "SEC. 1220. PROHIBITION AGAINST CERTAIN FALSE STATEMENTS. 42 USC 300d-20. "(a) IN GENERAL.— "(1) FALSE STATEMENTS OR REPRESENTATIONS.—A person may not knowingly and willfully make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which payments may be made by a State from amounts paid to the State under section 1211(a). "(2) (DONCEAUNG OR FAIUNG TO DISCLOSE INFORMATION. — A person with knowledge of the occurrence of any event affecting the right of the person to receive any payments from amounts paid to the State under section 1211(a) may not conceal or fail to disclose any such event with the intent of fraudulently securing such amount. 39-194O-91-20:QL3Part4