Page:United States Statutes at Large Volume 95.djvu/567

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-35—AUG. 13, 1981 amounts against the amount of any allotment to which the State is or may become entitled under this part. (4) The State shall make copies of the reports and audits required by this section available for public inspection within the State. "(5) The Comptroller General of the United States shall, from time to time, evaluate the expenditures by States of grants under this part in order to assure that expenditures are consistent with the provisions of this part and the certification provided by the State under section 1905. "(6) Not later than October 1, 1983, the Secretary shall report to the Congress on the activities of the States that have received funds under this part and ma>[ include in the report any recommendations for appropriate changes in legislation. "(c) Title XVII of the Omnibus Budget Reconciliation Act of 1981 shall not apply with respect to audits of funds allotted under this part.

95 STAT. 541

Public inspection.

Report to Congress.

Post, p. 753

"WITHHOLDING

"SEC. 1907. (a)(1) The Secretary shall, after adequate notice and an Notice and opportunity for a hearii^ conducted within the affected State, hearing. withhold funds from any State which does not use its allotment in 42 USC 300W-6. accordance with the requirements of this part or the certification provided under section 1905. The Secretary shall withhold such funds until the Secretary finds that the reason for the withholding has been removed and there is reasonable assurance that it will not recur. "(2) The Secretai^ may not institute proceedings to withhold funds under paragraph (1) unless the Secretary has conducted an investigation concerning whether the State has used its allotment in accordance with the requirements of this part or the certification provided under section 1905. Investigations required by this paragraph shall be conducted within the affected State by qualified investigators. "(3) The Secretary shall respond in an expeditious manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the requirements of this part or certifications provided under section 1905. "(4) The Secretary may not withhold funds under parg^aph (1) from a State for a minor failure to comply with the requirements of this part or certifications provided under section 1905. "(b)(l) The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this part in order to evaluate compliance with the requirements of this part and certifications provided under section 1905. "(2) The Comptroller General of the United States may conduct investigations of the use of funds received under this part by a State in order to insure compliance with the requirements of this part and certifications provided under section 1905. "(c) Each State, and each entity which has received funds from an allotment made to a State under this part, shall make appropriate books, documents, papers, and records avaUable 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)(1) In conducting any investigation in a State, the Secretary or the Comptroller General of the United States may not make a request for any information not readily available to such State or an entity which has received funds from an allotment made to the State under