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Title 42 — The Public Health and WelfareRelease 119-73

§8627 Withholding of funds

Title 42 › Chapter CHAPTER 94— - LOW-INCOME ENERGY ASSISTANCE › Subchapter SUBCHAPTER II— - LOW-INCOME HOME ENERGY ASSISTANCE › § 8627

Last updated Apr 6, 2026|Official source

Summary

The Secretary must withhold funds from any State that does not use its allotted money as required, but only after giving the State adequate notice and a chance for a hearing held in that State. The Secretary must answer in writing within 60 days to serious complaints that a State failed to follow the rules or the assurances the State gave under section 8624; a clear violation of any one assurance in section 8624(b) counts as a serious complaint. Each fiscal year the Secretary must investigate the use of funds in several States to check compliance. If a State has a pattern of complaints in any fiscal year, the Secretary must investigate that State. The Comptroller General may also investigate. During an investigation, the State must let the Secretary or Comptroller General (or their authorized agents) examine, copy, or reproduce relevant books and records on or off site when reasonably requested. The Secretary may not ask for information the State does not already have or force the State to create new reports or formats.

Full Legal Text

Title 42, §8627

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(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)(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)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)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

Notes & Related Subsidiaries

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 8627

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73