25 USC 4161 - Remedies for noncompliance

Except as provided in subsection (b), if the Secretary finds after reasonable notice and opportunity for hearing that a recipient of assistance under this chapter has failed to comply substantially with any provision of this chapter, the Secretary shall—

(A)

terminate payments under this chapter to the recipient;

(B)

reduce payments under this chapter to the recipient by an amount equal to the amount of such payments that were not expended in accordance with this chapter;

(C)

limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply; or

(D)

in the case of noncompliance described in section 4162(b) of this title, provide a replacement tribally designated housing entity for the recipient, under section 4162 of this title.

(2)

Substantial noncompliance

(3)

Continuance of actions

(4)

Exception for certain actions

(A)

In general

(B)

Procedural requirement

If the Secretary takes an action described in subparagraph (A), the Secretary shall—

(i)

provide notice to the recipient at the time that the Secretary takes that action; and

(ii)

conduct a hearing not later than 60 days after the date on which the Secretary provides notice under clause (i).

(C)

Determination

(b)

Noncompliance because of technical incapacity

(1)

In general

If the Secretary makes a finding under subsection (a), but determines that the failure to comply substantially with the provisions of this chapter—

(A)

is not a pattern or practice of activities constituting willful noncompliance, and

(B)

is a result of the limited capability or capacity of the recipient,

the Secretary may provide technical assistance for the recipient (directly or indirectly) that is designed to increase the capability and capacity of the recipient to administer assistance provided under this chapter in compliance with the requirements under this chapter, if the recipient enters into a performance agreement with the Secretary that specifies the compliance objectives that the recipient will be required to achieve by the termination date of the performance agreement.

(2)

Performance agreement

(3)

Review

(4)

Effect of review

If, on the basis of a review under paragraph (3), the Secretary determines that the recipient—

(A)

has made a good faith effort to meet the compliance objectives specified in the agreement, the Secretary may enter into an additional performance agreement for the period specified in paragraph (2); and

(B)

has failed to make a good faith effort to meet applicable compliance objectives, the Secretary shall determine the recipient to have failed to comply substantially with this chapter, and the recipient shall be subject to an action under subsection (a).

(c)

Referral for civil action

(1)

Authority

(2)

Civil action

(d)

Review

(1)

In general

Any recipient who receives notice under subsection (a) of the termination, reduction, or limitation of payments under this chapter—

(A)

may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and

(B)

upon the filing of any petition under subparagraph (A), shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.

(2)

Procedure

(3)

Disposition

(A)

Court proceedings

(B)

Secretary

The Secretary—

(i)

may modify the findings of fact of the Secretary, or make new findings, by reason of the new evidence so taken and filed with the court; and

(ii)

shall file—

(I)

such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole; and

(II)

the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary.

(4)

Finality

(Pub. L. 104–330, title IV, § 401, Oct. 26, 1996, 110 Stat. 4037; Pub. L. 106–568, title X, § 1003(h), (i), Dec. 27, 2000, 114 Stat. 2928, 2929; Pub. L. 106–569, title V, § 503(g), (h), Dec. 27, 2000, 114 Stat. 2964, 2965; Pub. L. 110–411, title IV, § 401, Oct. 14, 2008, 122 Stat. 4330.)

cite as: 25 USC 4161

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