PRIA, Government Policy, Made Personal

Summary

The Secretary can act if a recipient significantly fails to follow the program’s rules. After giving notice and a chance for a hearing, the Secretary may stop payments, reduce payments by the exact amount that was not spent according to the rules, or limit payments to parts of the program that were not affected. The Secretary can also send the case to the Attorney General, who may file a civil suit to recover misspent funds or get court orders to force compliance. A recipient told about a stop, cut, or limit can ask a United States Court of Appeals to review the Secretary’s action within 60 days. The recipient must send copies of the appeal to the Secretary and the Attorney General. The Secretary must file the record of the proceedings as required under section 2112 of title 28. The court will not consider objections that were not raised first with the Secretary. The court can affirm, change, or set aside the Secretary’s action. The Secretary’s factual findings stand if supported by substantial evidence. The court can order more evidence and the Secretary can change findings based on it. Once the record is filed, the court’s decision is final except for Supreme Court review by writ of certiorari or certification under section 1254 of title 28.

Title 42, §5311

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Notice and hearing; termination, reduction, or limitation of payments by Secretary

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, until he is satisfied that there is no longer any such failure to comply, shall—

(1)terminate payments to the recipient under this chapter, or

(2)reduce payments to the recipient under this chapter by an amount equal to the amount of such payments which were not expended in accordance with this chapter, or

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

(b)Referral of matters to Attorney General; institution of civil action by Attorney General

(1)In lieu of, or in addition to, any action authorized by subsection (a), the Secretary may, if he has reason to believe that a recipient has failed to comply substantially with any provision of this chapter, refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.

(2)Upon such a referral the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this chapter which was not expended in accordance with it, or for mandatory or injunctive relief.

(c)Petition for review of action of Secretary in Court of Appeals; filing of record of proceedings in court by Secretary; affirmance, etc., of findings of Secretary; exclusiveness of jurisdiction of court; review by Supreme Court on writ of certiorari or certification

(1)Any recipient which receives notice under subsection (a) of the termination, reduction, or limitation of payments under this chapter may, within sixty 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 Secretary’s action. The petitioner 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)The Secretary shall file in the court record of the proceeding on which he based his action, as provided in section 2112 of title 28. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.

(3)The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file 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 shall also file his recommendation, if any, for the modification or setting aside of his original action.

(4)Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) to (c)(1), was in the original “this title”, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.

§5311 Remedies for Noncompliance with Community Development Requirements

Summary

Title 42, §5311

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata