---
kind: "range"
citation: "42 U.S.C. §§ 9913–9918"
title: "42"
from: "9913"
to: "9918"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/42/9913..9918"
---

# §9913. Training, technical assistance, and other activities

- (a) **Activities—**
  - (1) **In general—** The [Secretary](/usc/42/9902.md?p=4) shall use amounts reserved in [section 9903(b)(2) of this title](/usc/42/9903.md?p=b-2)—
    - (A) for [training](/usc/42/285e–2.md?p=b-2), technical assistance, planning, evaluation, and performance measurement, to assist [States](/usc/42/9902.md?p=5) in carrying out corrective action activities and monitoring (to correct programmatic deficiencies of [eligible entities](/usc/42/296.md?p=1)), and for reporting and data collection activities, related to [programs](/usc/42/274l–1.md?p=4) carried out under this chapter; and
    - (B) to distribute amounts in accordance with [subsection (c)](#c).
  - (2) **Grants, contracts, and cooperative agreements—** The activities described in [paragraph (1)(A)](#a-1-A) may be carried out by the [Secretary](/usc/42/9902.md?p=4) through grants, contracts, or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with appropriate entities.
- (b) **Terms and technical assistance process—** The process for determining the [training](/usc/42/285e–2.md?p=b-2) and technical assistance to be carried out under this section shall—
  - (1) ensure that the needs of [eligible entities](/usc/42/296.md?p=1) and [programs](/usc/42/274l–1.md?p=4) relating to improving [program](/usc/42/274l–1.md?p=4) quality (including quality of financial management [practices](/usc/42/17061.md?p=19)) are addressed to the maximum extent feasible; and
  - (2) incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the national and [State](/usc/42/9902.md?p=5) networks of [eligible entities](/usc/42/296.md?p=1).
- (c) **Distribution requirement—**
  - (1) **In general—** The amounts reserved under [section 9903(b)(2)(A) of this title](/usc/42/9903.md?p=b-2-A) for activities to be carried out under this subsection shall be distributed directly to [eligible entities](/usc/42/296.md?p=1), organizations, or associations described in [paragraph (2)](#c-2) for the purpose of improving [program](/usc/42/274l–1.md?p=4) quality (including quality of financial management [practices](/usc/42/17061.md?p=19)), management information and reporting systems, and measurement of [program](/usc/42/274l–1.md?p=4) results, and for the purpose of ensuring responsiveness to identified local needs.
  - (2) **Eligible entities, organizations, or associations—** [Eligible entities](/usc/42/296.md?p=1), organizations, or associations described in this paragraph shall be [eligible entities](/usc/42/296.md?p=1), or statewide or local organizations or associations, with demonstrated expertise in providing [training](/usc/42/285e–2.md?p=b-2) to individuals and organizations on methods of effectively addressing the needs of [low-income families](/usc/42/300a–4.md?p=c) and communities.

# §9914. Monitoring of eligible entities

- (a) **In general—** In order to determine whether [eligible entities](/usc/42/296.md?p=1) meet the performance goals, administrative [standards](/usc/42/1320d.md?p=7), financial management requirements, and other requirements of a [State](/usc/42/9902.md?p=5), the [State](/usc/42/9902.md?p=5) shall conduct the following reviews of [eligible entities](/usc/42/296.md?p=1):
  - (1) A full onsite review of each such entity at least once during each 3-year period.
  - (2) An onsite review of each newly designated entity immediately after the completion of the first year in which such entity receives [funds](/usc/42/12854.md?p=3) through the community services block grant [program](/usc/42/274l–1.md?p=4).
  - (3) Followup reviews including prompt return visits to [eligible entities](/usc/42/296.md?p=1), and their [programs](/usc/42/274l–1.md?p=4), that fail to meet the goals, [standards](/usc/42/1320d.md?p=7), and requirements established by the [State](/usc/42/9902.md?p=5).
  - (4) Other reviews as appropriate, including reviews of entities with [programs](/usc/42/274l–1.md?p=4) that have had other Federal, [State](/usc/42/9902.md?p=5), or local grants (other than assistance provided under this chapter) terminated for [cause](/usc/42/9908.md?p=c-2).
- (b) **Requests—** The [State](/usc/42/9902.md?p=5) may request [training](/usc/42/285e–2.md?p=b-2) and technical assistance from the [Secretary](/usc/42/9902.md?p=4) as needed to comply with the requirements of this section.
- (c) **Evaluations by the Secretary—** The [Secretary](/usc/42/9902.md?p=4) shall conduct in several [States](/usc/42/9902.md?p=5) in each fiscal year evaluations (including investigations) of the use of [funds](/usc/42/12854.md?p=3) received by the [States](/usc/42/9902.md?p=5) under this chapter in order to evaluate compliance with the provisions of this chapter, and especially with respect to compliance with [section 9908(b) of this title](/usc/42/9908.md?p=b). The [Secretary](/usc/42/9902.md?p=4) shall submit, to each [State](/usc/42/9902.md?p=5) evaluated, a report containing the results of such evaluations, and recommendations of improvements designed to enhance the benefit and impact of the activities carried out with such [funds](/usc/42/12854.md?p=3) for people in need. On receiving the report, the [State](/usc/42/9902.md?p=5) shall submit to the [Secretary](/usc/42/9902.md?p=4) a plan of action in response to the recommendations contained in the report. The results of the evaluations shall be submitted annually to the Chairperson of the Committee on Education and the Workforce of the House of [Representatives](/usc/42/3058f.md?p=5) and the Chairperson of the Committee on Labor and Human Resources of the Senate as part of the report submitted by the [Secretary](/usc/42/9902.md?p=4) in accordance with [section 9917(b)(2) of this title](/usc/42/9917.md?p=b-2).

# §9915. Corrective action; termination and reduction of funding

- (a) **Determination—** If the [State](/usc/42/9902.md?p=5) determines, on the basis of a final decision in a review pursuant to [section 9914 of this title](/usc/42/9914.md), that an [eligible entity](/usc/42/9902.md?p=1-A) fails to comply with the terms of an [agreement](/usc/42/1320b–8.md?p=a-3-A), or the [State](/usc/42/9902.md?p=5) plan, to provide services under this chapter or to meet appropriate [standards](/usc/42/1320d.md?p=7), goals, and other requirements established by the [State](/usc/42/9902.md?p=5) (including performance objectives), the [State](/usc/42/9902.md?p=5) shall—
  - (1) inform the entity of the deficiency to be corrected;
  - (2) require the entity to correct the deficiency;
  - (3)
    - (A) offer [training](/usc/42/285e–2.md?p=b-2) and technical assistance, if appropriate, to help correct the deficiency, and prepare and submit to the [Secretary](/usc/42/9902.md?p=4) a report describing the [training](/usc/42/285e–2.md?p=b-2) and technical assistance offered; or
    - (B) if the [State](/usc/42/9902.md?p=5) determines that such [training](/usc/42/285e–2.md?p=b-2) and technical assistance are not appropriate, prepare and submit to the [Secretary](/usc/42/9902.md?p=4) a report stating the reasons for the determination;
  - (4)
    - (A) at the discretion of the [State](/usc/42/9902.md?p=5) (taking into account the seriousness of the deficiency and the time reasonably required to correct the deficiency), allow the entity to develop and implement, within 60 days after being informed of the deficiency, a quality improvement plan to correct such deficiency within a reasonable period of time, as determined by the [State](/usc/42/9902.md?p=5); and
    - (B) not later than 30 days after receiving from an [eligible entity](/usc/42/9902.md?p=1-A) a proposed quality improvement plan pursuant to [subparagraph (A)](#a-4-A), either approve such proposed plan or specify the reasons why the proposed plan cannot be approved; and
  - (5) after providing adequate notice and an opportunity for a hearing, initiate proceedings to terminate the designation of or reduce the funding under this chapter of the [eligible entity](/usc/42/9902.md?p=1-A) unless the entity corrects the deficiency.
- (b) **Review—** A determination to terminate the designation or reduce the funding of an [eligible entity](/usc/42/9902.md?p=1-A) is reviewable by the [Secretary](/usc/42/9902.md?p=4). The [Secretary](/usc/42/9902.md?p=4) shall, upon request, review such a determination. The review shall be completed not later than 90 days after the [Secretary](/usc/42/9902.md?p=4) receives from the [State](/usc/42/9902.md?p=5) all necessary documentation relating to the determination to terminate the designation or reduce the funding. If the review is not completed within 90 days, the determination of the [State](/usc/42/9902.md?p=5) shall become final at the end of the 90th day.
- (c) **Direct assistance—** Whenever a [State](/usc/42/9902.md?p=5) violates the assurances contained in [section 9908(b)(8) of this title](/usc/42/9908.md?p=b-8) and terminates or reduces the funding of an [eligible entity](/usc/42/9902.md?p=1-A) prior to the completion of the [State](/usc/42/9902.md?p=5) hearing described in that section and the [Secretary](/usc/42/9902.md?p=4)’s review as required in [subsection (b)](#b), the [Secretary](/usc/42/9902.md?p=4) is authorized to provide financial assistance under this chapter to the [eligible entity](/usc/42/9902.md?p=1-A) affected until the [violation](/usc/42/2000e–16a.md?p=c) is corrected. In such a case, the grant or allotment for the [State](/usc/42/9902.md?p=5) under section [9905](/usc/42/9905.md) or [9906](/usc/42/9906.md) of this title for the earliest appropriate fiscal year shall be reduced by an amount equal to the [funds](/usc/42/12854.md?p=3) provided under this subsection to such [eligible entity](/usc/42/9902.md?p=1-A).

# §9916. Fiscal controls, audits, and withholding

- (a) **Fiscal controls, procedures, audits, and inspections—**
  - (1) **In general—** A [State](/usc/42/9902.md?p=5) that receives [funds](/usc/42/12854.md?p=3) under this chapter shall—
    - (A) establish fiscal control and [fund](/usc/42/12854.md?p=3) accounting procedures necessary to assure the proper disbursal of and accounting for Federal [funds](/usc/42/12854.md?p=3) paid to the [State](/usc/42/9902.md?p=5) under this chapter, including procedures for monitoring the [funds](/usc/42/12854.md?p=3) provided under this chapter;
    - (B) ensure that cost and accounting [standards](/usc/42/1320d.md?p=7) of the [Office](/usc/42/3058f.md?p=1) of Management and Budget apply to a [recipient](/usc/42/2996a.md?p=6) of the [funds](/usc/42/12854.md?p=3) under this chapter;
    - (C) subject to [paragraph (2)](#a-2), prepare, at least every year, an audit of the expenditures of the [State](/usc/42/9902.md?p=5) of amounts received under this chapter and amounts transferred to carry out the purposes of this chapter; and
    - (D) make appropriate books, documents, papers, and records available to the [Secretary](/usc/42/9902.md?p=4) and the Comptroller General of the [United States](/usc/42/403.md?p=k), or any of their duly authorized [representatives](/usc/42/3058f.md?p=5), for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items.
  - (2) **Audits—**
    - (A) **In general—** Subject to [subparagraph (B)](#a-2-B), each audit required by [subsection (a)(1)(C)](#a-1-C) shall be conducted by an entity independent of any agency administering activities or services carried out under this chapter and shall be conducted in accordance with generally accepted accounting principles.
    - (B) **Single audit requirements—** Audits shall be conducted under this paragraph in the manner and to the extent provided in [chapter 75](/usc/31/chstV-ch75.md) of title 31 (commonly known as the “[Single](/usc/42/2304.md?p=m) Audit Act Amendments of 1996”).
    - (C) **Submission of copies—** Within 30 days after the completion of each such audit in a [State](/usc/42/9902.md?p=5), the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/9902.md?p=5) shall submit a copy of such audit to any [eligible entity](/usc/42/9902.md?p=1-A) that was the subject of the audit at no charge, to the legislature of the [State](/usc/42/9902.md?p=5), and to the [Secretary](/usc/42/9902.md?p=4).
  - (3) **Repayments—** The [State](/usc/42/9902.md?p=5) shall repay to the [United States](/usc/42/403.md?p=k) amounts found not to have been expended in accordance with this chapter or the [Secretary](/usc/42/9902.md?p=4) may offset such amounts against any other amount to which the [State](/usc/42/9902.md?p=5) is or may become entitled under this chapter.
- (b) **Withholding—**
  - (1) **In general—** The [Secretary](/usc/42/9902.md?p=4) shall, after providing adequate notice and an opportunity for a hearing conducted within the affected [State](/usc/42/9902.md?p=5), withhold [funds](/usc/42/12854.md?p=3) from any [State](/usc/42/9902.md?p=5) that does not utilize the grant or allotment under section [9905](/usc/42/9905.md) or [9906](/usc/42/9906.md) of this title in accordance with the provisions of this chapter, including the assurances such [State](/usc/42/9902.md?p=5) provided under [section 9908 of this title](/usc/42/9908.md).
  - (2) **Response to complaints—** The [Secretary](/usc/42/9902.md?p=4) shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a [State](/usc/42/9902.md?p=5) has failed to use [funds](/usc/42/12854.md?p=3) in accordance with the provisions of this chapter, including the assurances provided by the [State](/usc/42/9902.md?p=5) under [section 9908 of this title](/usc/42/9908.md). For purposes of this paragraph, a complaint of a failure to meet any one of the assurances provided under [section 9908 of this title](/usc/42/9908.md) that constitutes disregarding that assurance shall be considered to be a complaint of a serious nature.
  - (3) **Investigations—** Whenever the [Secretary](/usc/42/9902.md?p=4) determines that there is a pattern of complaints of failures described in [paragraph (2)](#b-2) from any [State](/usc/42/9902.md?p=5) in any fiscal year, the [Secretary](/usc/42/9902.md?p=4) shall conduct an investigation of the use of [funds](/usc/42/12854.md?p=3) received under this chapter by such [State](/usc/42/9902.md?p=5) in order to ensure compliance with the provisions of this chapter.

# §9917. Accountability and reporting requirements

- (a) **State accountability and reporting requirements—**
  - (1) **Performance measurement—**
    - (A) **In general—** By October 1, 2001, each [State](/usc/42/9902.md?p=5) that receives [funds](/usc/42/12854.md?p=3) under this chapter shall participate, and shall ensure that all [eligible entities](/usc/42/296.md?p=1) in the [State](/usc/42/9902.md?p=5) participate, in a performance measurement system, which may be a performance measurement system for which the [Secretary](/usc/42/9902.md?p=4) facilitated development pursuant to [subsection (b)](#b), or an alternative system that the [Secretary](/usc/42/9902.md?p=4) is satisfied meets the requirements of [subsection (b)](#b).
    - (B) **Local agencies—** The [State](/usc/42/9902.md?p=5) may elect to have local agencies that are subcontractors of the [eligible entities](/usc/42/296.md?p=1) under this chapter participate in the performance measurement system. If the [State](/usc/42/9902.md?p=5) makes that election, references in this section to [eligible entities](/usc/42/296.md?p=1) shall be considered to include the local agencies.
  - (2) **Annual report—** Each [State](/usc/42/9902.md?p=5) shall annually prepare and submit to the [Secretary](/usc/42/9902.md?p=4) a report on the measured performance of the [State](/usc/42/9902.md?p=5) and the [eligible entities](/usc/42/296.md?p=1) in the [State](/usc/42/9902.md?p=5). Prior to the participation of the [State](/usc/42/9902.md?p=5) in the performance measurement system, the [State](/usc/42/9902.md?p=5) shall include in the report any information collected by the [State](/usc/42/9902.md?p=5) relating to such performance. Each [State](/usc/42/9902.md?p=5) shall also include in the report an accounting of the expenditure of [funds](/usc/42/12854.md?p=3) received by the [State](/usc/42/9902.md?p=5) through the community services block grant [program](/usc/42/274l–1.md?p=4), including an accounting of [funds](/usc/42/12854.md?p=3) spent on administrative costs by the [State](/usc/42/9902.md?p=5) and the [eligible entities](/usc/42/296.md?p=1), and [funds](/usc/42/12854.md?p=3) spent by [eligible entities](/usc/42/296.md?p=1) on the direct delivery of local services, and shall include information on the number of and characteristics of clients served under this chapter in the [State](/usc/42/9902.md?p=5), based on data collected from the [eligible entities](/usc/42/296.md?p=1). The [State](/usc/42/9902.md?p=5) shall also include in the report a summary describing the [training](/usc/42/285e–2.md?p=b-2) and technical assistance offered by the [State](/usc/42/9902.md?p=5) under [section 9915(a)(3) of this title](/usc/42/9915.md?p=a-3) during the year covered by the report.
- (b) **Secretary’s accountability and reporting requirements—**
  - (1) **Performance measurement—** The [Secretary](/usc/42/9902.md?p=4), in collaboration with the [States](/usc/42/9902.md?p=5) and with [eligible entities](/usc/42/296.md?p=1) throughout the Nation, shall facilitate the development of one or more model performance measurement systems, which may be used by the [States](/usc/42/9902.md?p=5) and by [eligible entities](/usc/42/296.md?p=1) to measure their performance in carrying out the requirements of this chapter and in achieving the goals of their community action plans. The [Secretary](/usc/42/9902.md?p=4) shall provide technical assistance, including support for the enhancement of electronic data systems, to [States](/usc/42/9902.md?p=5) and to [eligible entities](/usc/42/296.md?p=1) to enhance their capability to collect and report data for such a system and to aid in their participation in such a system.
  - (2) **Reporting requirements—** At the end of each fiscal year beginning after September 30, 1999, the [Secretary](/usc/42/9902.md?p=4) shall, directly or by grant or contract, prepare a report containing—
    - (A) a summary of the planned use of [funds](/usc/42/12854.md?p=3) by each [State](/usc/42/9902.md?p=5), and the [eligible entities](/usc/42/296.md?p=1) in the [State](/usc/42/9902.md?p=5), under the community services block grant [program](/usc/42/274l–1.md?p=4), as contained in each [State](/usc/42/9902.md?p=5) plan submitted pursuant to [section 9908 of this title](/usc/42/9908.md);
    - (B) a description of how [funds](/usc/42/12854.md?p=3) were actually spent by the [State](/usc/42/9902.md?p=5) and [eligible entities](/usc/42/296.md?p=1) in the [State](/usc/42/9902.md?p=5), including a breakdown of [funds](/usc/42/12854.md?p=3) spent on administrative costs and on the direct delivery of local services by [eligible entities](/usc/42/296.md?p=1);
    - (C) information on the number of entities eligible for [funds](/usc/42/12854.md?p=3) under this chapter, the number of low-[income](/usc/42/292s.md?p=c-4) [persons](/usc/42/1320a–7k.md?p=d-4-C-i) served under this chapter, and such demographic data on the low-[income](/usc/42/292s.md?p=c-4) populations served by [eligible entities](/usc/42/296.md?p=1) as is determined by the [Secretary](/usc/42/9902.md?p=4) to be feasible;
    - (D) a comparison of the planned uses of [funds](/usc/42/12854.md?p=3) for each [State](/usc/42/9902.md?p=5) and the actual uses of the [funds](/usc/42/12854.md?p=3);
    - (E) a summary of each [State](/usc/42/9902.md?p=5)’s performance results, and the results for the [eligible entities](/usc/42/296.md?p=1), as collected and submitted by the [States](/usc/42/9902.md?p=5) in accordance with [subsection (a)(2)](#a-2); and
    - (F) any additional information that the [Secretary](/usc/42/9902.md?p=4) considers to be appropriate to carry out this chapter, if the [Secretary](/usc/42/9902.md?p=4) informs the [States](/usc/42/9902.md?p=5) of the need for such additional information and allows a reasonable period of time for the [States](/usc/42/9902.md?p=5) to collect and provide the information.
  - (3) **Submission—** The [Secretary](/usc/42/9902.md?p=4) shall submit to the Committee on Education and the Workforce of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Labor and Human Resources of the Senate the report described in [paragraph (2)](#b-2), and any comments the [Secretary](/usc/42/9902.md?p=4) may have with respect to such report. The report shall include definitions of direct and administrative costs used by the Department of Health and Human Services for [programs](/usc/42/274l–1.md?p=4) funded under this chapter.
  - (4) **Costs—** Of the [funds](/usc/42/12854.md?p=3) reserved under [section 9903(b)(3) of this title](/usc/42/9903.md?p=b-3), not more than $350,000 shall be available to carry out the reporting requirements contained in [paragraph (2)](#b-2).

# §9918. Limitations on use of funds

- (a) **Construction of facilities—**
  - (1) **Limitations—** Except as provided in [paragraph (2)](#a-2), grants made under this chapter (other than amounts reserved under [section 9903(b)(3) of this title](/usc/42/9903.md?p=b-3)) may not be used by the [State](/usc/42/9902.md?p=5), or by any other [person](/usc/42/1320a–7k.md?p=d-4-C-i) with which the [State](/usc/42/9902.md?p=5) makes arrangements to carry out the purposes of this chapter, for the purchase or improvement of land, or the purchase, [construction](/usc/42/7479.md?p=2-C), or permanent improvement (other than low-cost residential weatherization or other [energy](/usc/42/6311.md?p=7)-related home repairs) of any [building](/usc/42/6881.md?p=i-3) or other [facility](/usc/42/11049.md?p=4).
  - (2) **Waiver—** The [Secretary](/usc/42/9902.md?p=4) may waive the limitation contained in [paragraph (1)](#a-1) upon a [State](/usc/42/9902.md?p=5) request for such a waiver, if the [Secretary](/usc/42/9902.md?p=4) finds that the request describes extraordinary circumstances to justify the purchase of land or the [construction](/usc/42/7479.md?p=2-C) of [facilities](/usc/42/11049.md?p=4) (or the making of permanent improvements) and that permitting the waiver will contribute to the ability of the [State](/usc/42/9902.md?p=5) to carry out the purposes of this chapter.
- (b) **Political activities—**
  - (1) **Treatment as a State or local agency—** For purposes of [chapter 15](/usc/5/chptII-ch15.md) of title 5, any entity that assumes responsibility for planning, developing, and coordinating activities under this chapter and receives assistance under this chapter shall be deemed to be a [State](/usc/42/9902.md?p=5) or local agency. For purposes of paragraphs [(1)](/usc/42/1502.md) and [(2)](/usc/42/1502.md) of section 1502(a) of such title, any entity receiving assistance under this chapter shall be deemed to be a [State](/usc/42/9902.md?p=5) or local agency.
  - (2) **Prohibitions—** [Programs](/usc/42/274l–1.md?p=4) assisted under this chapter shall not be carried on in a manner involving the use of [program](/usc/42/274l–1.md?p=4) [funds](/usc/42/12854.md?p=3), the provision of services, or the employment or assignment of personnel, in a manner supporting or resulting in the identification of such [programs](/usc/42/274l–1.md?p=4) with—
    - (A) any partisan or nonpartisan political activity or any political activity associated with a candidate, or contending faction or group, in an election for public or party [office](/usc/42/3058f.md?p=1);
    - (B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or
    - (C) any voter registration activity.
  - (3) **Rules and regulations—** The [Secretary](/usc/42/9902.md?p=4), after consultation with the [Office](/usc/42/3058f.md?p=1) of Personnel Management, shall issue rules and regulations to provide for the enforcement of this subsection, which shall include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.
- (c) **Nondiscrimination—**
  - (1) **In general—** No [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall, on the basis of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any [program or activity](/usc/42/2000cc–5.md?p=6) funded in whole or in part with [funds](/usc/42/12854.md?p=3) made available under this chapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 ([42 U.S.C. 6101](/usc/42/6101.md) et seq.) or with respect to an otherwise [qualified individual with a disability](/usc/42/5057.md?p=a-2) as provided in section 504 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md)), or title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](/usc/42/12131.md) et seq.) shall also apply to any such [program or activity](/usc/42/2000cc–5.md?p=6).
  - (2) **Action of Secretary—** Whenever the [Secretary](/usc/42/9902.md?p=4) determines that a [State](/usc/42/9902.md?p=5) that has received a payment under this chapter has failed to comply with [paragraph (1)](#c-1) or an applicable regulation, the [Secretary](/usc/42/9902.md?p=4) shall notify the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/9902.md?p=5) and shall request that the officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the [chief executive officer](/usc/42/12511.md?p=9) fails or refuses to secure compliance, the [Secretary](/usc/42/9902.md?p=4) is authorized to—
    - (A) refer the matter to the [Attorney General](/usc/42/14902.md?p=6) with a recommendation that an appropriate civil action be instituted;
    - (B) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.), the Age Discrimination Act of 1975 ([42 U.S.C. 6101](/usc/42/6101.md) et seq.), section 504 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md)), or title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](/usc/42/12131.md) et seq.), as may be applicable; or
    - (C) take such other action as may be provided by law.
  - (3) **Action of Attorney General—** When a matter is referred to the [Attorney General](/usc/42/14902.md?p=6) pursuant to [paragraph (2)](#c-2), or whenever the [Attorney General](/usc/42/14902.md?p=6) has reason to believe that the [State](/usc/42/9902.md?p=5) is engaged in a pattern or practice of discrimination in [violation](/usc/42/2000e–16a.md?p=c) of the provisions of this subsection, the [Attorney General](/usc/42/14902.md?p=6) may bring a civil action in any appropriate [United States](/usc/42/403.md?p=k) district court for such relief as may be appropriate, including injunctive relief.