Page:United States Statutes at Large Volume 95.djvu/543

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 517

(b) Pa5maents to a State from its allotment for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. WITHHOLDING

SEC. 679. (a)(1) The Secretary shall, after adequate notice and an Notice and opportunity for a hearing conducted within the affected State, hearing.9908. withhold funds from any State which does not utilize its allotment 42 USC substantially in accordance with the provisions of this subtitle and the assurances such State provided under section 675. (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 accordcmce with the provisions of this subtitle or the assurances provided by the State under section 675. For purposes of this paragraph, a violation of any one of the assurances contained in section 675(c) that constitutes a disregard of that assurance shall be considered a serious complaint. (b)(1) The Secretary shall conduct in several States in each fiscal investigations. year investigations of the use of funds received by the States under this subtitle in order to evaluate compliance with the provisions of this subtitle. (2) Whenever the Secretary determines that there is a pattern of complaints from any State in any fiscal year, he shall conduct an investigation of the use of funds received under this subtitle by such State in order to ensure compliance with the provisions of this subtitle. (3) The Comptroller General of the United States may conduct an investigation of the use of funds received under this subtitle by a State in order to ensure compliance with the provisions of this subtitle. (c) Pursuant to an investigation conducted under subsection (b), 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. LIMITATION ON USE OF GRANTS FOR CONSTRUCTION

SEC. 680. (a) Except as provided in subsection (b), grants made 42 USC 9909. under this subtitle (other than amounts made available under section 681(b)) may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this subtitle, for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any building or other facility. (b) The Secretary may waive the limitation contained in subsection (a) upon the State's request for such a waiver if he finds that the request describes extraordinary circumstances to justify the purchase of land or the construction of facilities (or the making of permanent improvements) and that permitting the waiver will contribute to the State's ability to carry out the purposes of this subtitle.

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