
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8627]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 94--LOW-INCOME ENERGY ASSISTANCE
 
            SUBCHAPTER II--LOW-INCOME HOME ENERGY ASSISTANCE
 
Sec. 8627. Withholding of funds


(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) of this 
section, 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.

(Pub. L. 97-35, title XXVI, Sec. 2608, Aug. 13, 1981, 95 Stat. 901; Pub. 
L. 98-558, title VI, Sec. 608, Oct. 30, 1984, 98 Stat. 2893; Pub. L. 
101-501, title VII, Sec. 708, Nov. 3, 1990, 104 Stat. 1261.)


                               Amendments

    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''.


                    Effective Date of 1990 Amendment

    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.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-558 effective Oct. 30, 1984, see section 
609(a) of Pub. L. 98-558 set out as a note under section 8621 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 8624 of this title.
