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42 U.S.C. § 6868 — Administration of projects receiving financial assistance

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6868 — Administration of projects receiving financial assistance

**(a) Reporting requirements** The Secretary, in consultation with the Director, by general or special orders, may require any recipient of financial assistance under this part to provide, in such form as he may prescribe, such reports or answers in writing to specific questions, surveys, or questionnaires as may be necessary to enable the Secretary and the Director to carry out their functions under this part. **(b) Maintenance of records** Each person responsible for the administration of a weatherization assistance project receiving financial assistance under this part shall keep such records as the Secretary may prescribe in order to assure an effective financial audit and performance evaluation of such project. **(c) Audit and examination of books, etc.** The Secretary, the Director (with respect to community action agencies), and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, information, and records of any project receiving financial assistance under this part that are pertinent to the financial assistance received under this part. **(d) Method of payments** Payments under this part may be made in installments and in advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.

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Source location: Title 42, Chapter 81, § 6868; chapter-081-energy-conservation-and-resource-renewal.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6866 — Limitations on financial assistance

**(a) Purchase of materials and administration of projects** (1) Not more than an amount equal to 15 percent of any grant made by the Secretary under this part may be used for administrative purposes in carrying out duties under this part, except that not more than one-half of such amount may be used by any State for such purposes, and a State may provide in the plan adopted pursuant to subsection (b) for recipients of grants of less than $350,000 to use up to an additional 5 percent of such grant for administration if the State has determined that such recipient requires such additional amount to implement effectively the administrative requirements established by the Secretary pursuant to this part. (2) The Secretary shall establish energy audit procedures and techniques which (i) meet standards established by the Secretary after consultation with the State Energy Advisory Board established under [section 6325(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6325/g&num=0&edition=prelim), (ii) establish priorities for selection of weatherization measures based on their cost and contribution to energy efficiency, (iii) measure the energy requirement of individual dwellings and the rate of return of the total conservation investment in a dwelling, and (iv) account for interaction among energy efficiency measures. **(b) Allocation, termination or discontinuance by Secretary** The Secretary shall insure that financial assistance provided under this part will— (1) be allocated within the State or area in accordance with a published State or area plan, which is adopted by such State after notice and a public hearing, describing the proposed funding distributions and recipients; (2) be allocated, pursuant to such State or area

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6870 — Judicial review of final action by Secretary on application

**(a) Time for appeal; jurisdiction; filing of administrative record by Secretary** If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under [section 6864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864&num=0&edition=prelim) or with a final action under [section 6868 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6868&num=0&edition=prelim), such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record** The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. **(c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court** The court shall have jurisdiction to affirm the act

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6868 — Approval of application or amendment for

Page 6913 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6869 Editorial Notes AMENDMENTS 2009—Pub. L. 111–5 substituted ‘‘up to 20 percent’’ for ‘‘10 percent’’. 1980—Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. § 6867. Administration of projects receiving fi- nancial assistance (a) Reporting requirements The Secretary, in consultation with the Direc- tor, by general or special orders, may require any recipient of financial assistance under this part to provide, in such form as he may pre- scribe, such reports or answers in writing to spe- cific questions, surveys, or questionnaires as may be necessary to enable the Secretary and the Director to carry out their functions under this part. (b) Maintenance of records Each person responsible for the administra- tion of a weatherization assistance project re- ceiving financial assistance under this part shall keep such records as the Secretary may pre- scribe in order to assure an effective financial audit and performance evaluation of such project. (c) Audit and examination of books, etc. The Secretary, the Director (with respect to community action agencies), and the Comp- troller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, information, and records of any project receiving financial as- sistance under this part that are pertinent to the financial assistance received under this part. (d) Method of payments Payments under this part may be made in in- stallments and in advance, or by way of reim- bursement, with necessary adjustments on ac- count of overpayments or underpayments. (Pub. L. 94–385, title IV, § 417, Aug. 14, 1976, 90 Stat. 115

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