42 U.S.C. § 8627 — Withholding of funds
submitted 45 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 381 words · no verdicts yet
This section lets the government withhold energy assistance money from states that break the rules. The Secretary must warn the state and offer a hearing first. Investigators can also check a state's records to make sure it's following the law.
(a) If the Secretary* finds that a state* isn't spending its energy assistance money substantially in the way this law and the state's own promises (under section 8624) require, the Secretary must withhold funds from that state — but only after giving proper notice and holding a hearing in the state. Separately, if someone files a serious complaint claiming a state misused its funds or broke its promises, the Secretary must respond in writing within 60 days. A complaint counts as "serious" if it claims the state disregarded one of its section 8624(b) promises.
(b) The Secretary is also required to actively check on states. Each year, the Secretary must investigate how several states are using their money. If the Secretary sees a pattern of complaints about one particular state in a year, the Secretary must investigate that state specifically. On top of this, the Comptroller General of the United States — a separate federal watchdog — can also investigate any state's use of its funds to check compliance.
(c) When the Secretary or the Comptroller General is conducting one of these investigations, the state must hand over its relevant books, documents, papers, and records for review, copying, or reproduction — whether that happens on-site or elsewhere — whenever a reasonable request is made.
(d) There's a limit on these investigations, though: the Secretary can't ask a state for information it doesn't already have readily available, and can't force the state to gather, compile, or reformat information into some new form it doesn't already keep.
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.
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.
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.
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.
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.
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.
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.
Source credit: (Pub. L. 97–35, title XXVI, § 2608, Aug. 13, 1981, 95 Stat. 901; Pub. L. 98–558, title VI, § 608, Oct. 30, 1984, 98 Stat. 2893; Pub. L. 101–501, title VII, § 708, Nov. 3, 1990, 104 Stat. 1261.)
- 1981Enacted · Pub. L. 97-35 · 95 Stat. 901
- 1984Amended · Pub. L. 98-558 · 98 Stat. 2893
- 1990Amended · Pub. L. 101-501 · 104 Stat. 1261
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.
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