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Title 42 — The Public Health and Welfare

Chapter 94 — Low-Income Energy Assistance

§ 8627. Withholding of funds

Statutory text

(a)

Improper utilization of funds; response to complaints respecting improprieties

(1)

The Secretary shall, after adequate notice and an 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 subchapter and the assurances such State provided under section 8624 of this title.

(2)

The Secretary shall respond in writing in no more than 60 days to matters raised in complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this subchapter or the assurances provided by the State under section 8624 of this title. For purposes of this paragraph, a violation of any one of the assurances contained in section 8624(b) of this title that constitutes a disregard of such assurance shall be considered a serious complaint.

(b)

Investigations; conduct, etc.

(1)

The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this subchapter in order to evaluate compliance with the provisions of this subchapter.

(2)

Whenever the Secretary determines that there is a pattern of complaints from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this subchapter by such State in order to ensure compliance with the provisions of this subchapter.

(3)

The Comptroller General of the United States may conduct an investigation of the use of funds received under this subchapter by a State in order to ensure compliance with the provisions of this subchapter.

(c)

Inspection of books, documents, etc.

Pursuant to an investigation conducted under subsection (b) of this section, a 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)

Request for information not readily available

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.

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. 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. 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. 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

Editorial Notes

Amendments1984–1990 · 2 rounds

1990

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”.

1984

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

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

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

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–558 effective , see section 609(a) of Pub. L. 98–558 set out as a note under section 8621 of this title.

Credits

1981–1990 · 3 acts
  1. 1981Pub. L. 97–35, title XXVI, § 2608, , 95 Stat. 901
  2. 1984Pub. L. 98–558, title VI, § 608, , 98 Stat. 2893
  3. 1990Pub. L. 101–501, title VII, § 708, , 104 Stat. 1261.
Show as published

(Pub. L. 97–35, title XXVI, § 2608, , 95 Stat. 901; Pub. L. 98–558, title VI, § 608, , 98 Stat. 2893; Pub. L. 101–501, title VII, § 708, , 104 Stat. 1261.)

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