§ 8627. Withholding of funds

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Pub. L. 97–35 title XXVI § 2608 · 95 Stat. 357

   Enacted · 42 U.S.C. § 8627

   Pub. L. 97–35, title XXVI, § 2608, Aug. 13, 1981, 95 Stat. 901

   Source evidence

   Code source credit
   Pub. L. 97–35, title XXVI, § 2608, Aug. 13, 1981, 95 Stat. 901

   Enacted provision · exact public law section
   Sec. 2608. withholding (a) (1) The Secretary shall, after adequate notice and an Notice and hearing. 42 USC 8627. opportunity for a hearing conducted within the affected State, withhold funds from any State which does not utilize its allotment substantially in accordance with the provisions of this title and the assurances such State provided under section 2605. (2) The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this title or the assurances provided by the State under section 2605. For purposes of this paragraph, a violation of any one of the assurances contained in section 2605(b) that constitutes a disregard of such assurance shall be considered a serious complaint. (b) (1) The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this title in order to evaluate compliance with the provisions of this title. (2) Whenever the Secretary determines that there is a pattern of complaints from any State in any fiscal year, he shall conduct an investigation of the use of funds received under this title by such State in order to ensure compliance with the provisions of this title. (3) The Comptroller General of the United States may conduct an investigation of the use of funds received under this title by a State in order to ensure compliance with the provisions of this title. (c) Pursuant to an investigation conducted under subsection (b), a Records, availability. State shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General 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. (d) In conducting any investigation under subsection (b), the Secretary may not request any information not readily available to such State or require that any information be compiled, collected, or transmitted in any new form not already available.

2. 1984

   Human Services Reauthorization Act

   Pub. L. 98–558 title VI § 608 · 98 Stat. 2878

   Substituted · 42 U.S.C. § 8627(b)(2)

   Pub. L. 98–558 substituted “the Secretary” for “he” before “shall conduct”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–558 substituted “the Secretary” for “he” before “shall conduct”.

   Enacted provision · exact public law section
   Sec. 608. technical amendment Section 2608(b)(2) of the Act is amended by striking out 42 USC 8627. “he” and inserting in lieu thereof “the Secretary”.

3. 1990

   Augustus F. Hawkins Human Services Reauthorization Act of 1990

   Pub. L. 101–501 title VII § 708 · 104 Stat. 1222

   Substituted · 42 U.S.C. § 8627(a)(2)

   Pub. L. 101–501 substituted “in writing in no more than 60 days to matters raised in” for “in an expeditious and speedy manner to”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 101–501 substituted “in writing in no more than 60 days to matters raised in” for “in an expeditious and speedy manner to”.

   Enacted provision · exact public law section
   SEC. 708. WITHHOLDING OF FUNDS. Section 2608(a)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8626(a)(2)) is amended by striking “in an expeditious 42 USC 8627. and speedy manner to” and inserting “in writing in no more than 60 days to matters raised in”.

   Effective date note
   Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.

3 of 3 references resolved to an enrolled provision