42 U.S.C. § 8627

Withholding of funds

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(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.

(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.)Editorial NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 6 cases, 1983–2007 · leading case: Boyland v. Wing, 487 F. Supp. 2d 161 (E.D.N.Y 2007).

Sort: Relevance Newest Treatment

Boyland v. Wing, 487 F. Supp. 2d 161 (E.D.N.Y 2007). · cites it 2× “See 42 U.S.C. § 8627 . Second, LIHEAA does not establish an entitlement program.”

Boles v. Earl, 601 F. Supp. 737 (W.D. Wis. 1985). · cites it 3× “42 U.S.C. § 8627 (a)(1) provides that the Secretary of the Department of Health and Human Services shall “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…”

Crawford v. Janklow, 710 F.2d 1321 (8th Cir. 1983). · cites it 3× “News 396, 933; 42 U.S.C. § 8627 (a)(1) (Supp. V 1981) (Secretary can only withhold funds for substantial noncompliance with statute).”

Kapps v. Wing, 283 F. Supp. 2d 866 (E.D.N.Y 2003). “1987), and on the provisions in 42 U.S.C. § 8627 for withholding funds from states which fail to comply with HEAP’S statutory requirements.”

Cabinet for Human Resources, Commonwealth of Kentucky v. N. Kentucky Welfare Rights Ass'n, 954 F.2d 1179 (6th Cir. 1992). “42 U.S.C. § 8627 . Unlike the statute in Wright , however, the Act mandates that the Secretary investigate complaints re *1186 garding the administration of the Plan.”

Hunt v. Robeson Cnty. Dep't of Soc. Servs., 816 F.2d 150 (4th Cir. 1987). · cites it 2× “" 42 U.S.C. § 8627 (b)(2). If he finds that a State is not in substantial compliance with the Act’s assurances, he shall withhold funds from that State.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.