42 USC 1490p - Accountability

U.S Code last checked for updates: Nov 22, 2024

§ 1490p.

Accountability

(a)

Notice regarding assistance

(1)

Publication of notice of availability

(2)

Publication of application procedures

(3)

Publication of selection criteria

(4)

Documentation of decisions

(A)

The Secretary shall award or allocate assistance only in response to a written application in a form approved in advance by the Secretary, except where other award or allocation procedures are specified in statute.

(B)

The Secretary shall ensure that documentation and other information regarding each application for assistance is sufficient to indicate the basis on which any award or allocation was made or denied. The preceding sentence shall apply to—

(i)

any application for an award or allocation of assistance made by the Secretary to a State, unit of general local government, or other recipient of assistance, and

(ii)

any application for a subsequent award or allocation of such assistance by such State, unit of general local government or other recipient.

(C)

The Secretary shall ensure that each application and all related documentation and other information referred to in subparagraph (B) is readily available for public inspection for a period of not less than 10 years, beginning not less than 30 days following the date on which the award or allocation is made.

(5)

Emergency exception

(b)

Disclosures by applicants

The Secretary shall require the disclosure of information with respect to any application for assistance under this subchapter submitted by any applicant who has received or, in the determination of the Secretary, can reasonably be expected to receive assistance under this subchapter in excess of $200,000 in the aggregate during any fiscal year. Such information shall include the following:

(1)

Other government assistance

(2)

Interested parties

(3)

Expected sources and uses

(c)

Updating of disclosure

(d)

Repealed. Pub. L. 104–65, § 11(b)(2), Dec. 19, 1995, 109 Stat. 701

(e)

Remedies and penalties

(1)

Administrative remedies

If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (b), (c), or (d) this 1

 So in original. Probably should be “of this”.

section has occurred, the Secretary shall—

(A)

in the case of a selection that has not been made, determine whether to terminate the selection process or take other appropriate actions; and

(B)

in the case of a selection that has been made, determine whether to—

(i)

void or rescind the selection, subject to review and determination on the record after opportunity for a hearing;

(ii)

impose sanctions upon the violator, including debarment, subject to review and determination on the record after opportunity for a hearing;

(iii)

recapture any funds that have been disbursed;

(iv)

permit the violating applicant selected to continue to participate in the program; or

(v)

take any other actions that the Secretary considers appropriate.

The Secretary shall publish in the Federal Register a descriptive statement of each determination made and action taken under this paragraph.

(2)

Civil penalties

Whoever violates any section 2

 So in original. Probably should be “subsection”.

of this section shall be subject to the imposition of a civil penalty in a civil action brought by the United States in an appropriate district court of the United States. A civil penalty under this paragraph may not exceed—

(A)

$100,000 in the case of an individual; or

(B)

$1,000,000 in the case of an applicant other than an individual.

(3)

Deposit of penalties in insurance funds

(4)

Nonexclusiveness of remedies

(f)

Limitation of assistance

(g)

Regulations

(h)

“Assistance” defined

(i)

Report by Secretary

(July 15, 1949, ch. 338, title V, § 536, as added Pub. L. 101–235, title IV, § 401(a), Dec. 15, 1989, 103 Stat. 2045; amended Pub. L. 101–625, title VII, § 719(a), Nov. 28, 1990, 104 Stat. 4297; Pub. L. 104–65, § 11(b)(2), Dec. 19, 1995, 109 Stat. 701.)

cite as: 42 USC 1490p