§9908. Withholding of funds

(a) Substantial noncompliance with conditions and requirements

(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 chapter and the assurances such State provided under section 9904 of this title.

(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 chapter or the assurances provided by the State under section 9904 of this title. For purposes of this paragraph, a violation of any one of the assurances contained in section 9904(c) of this title that constitutes a disregard of that assurance shall be considered a serious complaint.

(b) Investigations

(1) The Secretary shall conduct in several States in each fiscal year evaluations and investigations of the use of funds received by the States under this chapter in order to evaluate compliance with the provisions of this chapter, and especially with respect to compliance with subsections (a) and (b) of section 9904 of this title, and clauses (1) through (11) of subsection (c) of such section. Each such evaluation shall include identifying the impact that assistance furnished under this chapter has on children, pregnant adolescents, homeless families, and the elderly poor. A report of the evaluation, together with recommendations of improvements designed to enhance the benefit and impact to people in need, will be sent to each State evaluated. Upon receiving the report the State will then submit a plan of action in response to the recommendation contained in the report. The results of the evaluation shall be submitted annually to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on Labor and Human Resources of the Senate.

(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 chapter by such State in order to ensure compliance with the provisions of this chapter.

(3) The Comptroller General of the United States shall conduct an investigation of the use of funds received under this chapter by a State in order to ensure compliance with the provisions of this chapter.

(c) Availability of books, documents, papers, and records

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.

( Pub. L. 97–35, title VI, §679, Aug. 13, 1981, 95 Stat. 517 ; Pub. L. 98–558, title II, §205, Oct. 30, 1984, 98 Stat. 2886 ; Pub. L. 99–425, title IV, §404(a), Sept. 30, 1986, 100 Stat. 969 .)

Amendments

1986-Subsec. (b)(1). Pub. L. 99–425 inserted "evaluations and" after "fiscal year", inserted ", and especially with respect to compliance with subsections (a) and (b) of section 9904 of this title, and clauses (1) through (11) of subsection (c) of such section" before the period at end of first sentence, and inserted provisions at end relating to identifying the impact that assistance under this chapter has on children, pregnant adolescents, homeless families, and elderly poor, sending reports to evaluated States, submitting State plans of action, and submitting the results of evaluations to committees of Congress.

1984-Subsec. (b)(2). Pub. L. 98–558, §205(a)(1), substituted "the Secretary" for "he" before "shall conduct an investigation".

Subsec. (b)(3). Pub. L. 98–558, §205(a)(2), substituted "shall" for "may".

Subsec. (d). Pub. L. 98–558, §205(b), struck out subsec. (d) which related to information not otherwise maintained.

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title.

Section Referred to in Other Sections

This section is referred to in sections 9904, 9905a of this title.