42 USC 3537a - Prohibition of advance disclosure of funding decisions

U.S Code last checked for updates: May 19, 2024

§ 3537a.

Prohibition of advance disclosure of funding decisions

(a)

Prohibited actions

(b)

Administrative remedies

If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (a) has occurred, the Secretary shall—

(1)

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

(2)

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

(A)

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

(B)

impose sanctions upon the violating applicant selected, subject to review and determination on the record after opportunity for a hearing;

(C)

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

(D)

take any other actions that the Secretary considers appropriate.

(c)

Civil money penalties

(1)

In general

(2)

Amount

(3)

Agency procedures

(A)

Establishment

The Secretary shall establish standards and procedures governing the imposition of civil money penalties under this subsection. The standards and procedures—

(i)

shall provide for the Secretary or other official of the Department to make the determination to impose a penalty or to use an administrative entity to make the determination;

(ii)

shall provide for the imposition of a penalty only after the employee has been given an opportunity for a hearing on the record; and

(iii)

may provide for review of any determination or order, or interlocutory ruling, arising from a hearing.

(B)

Final orders

(C)

Factors in determining amount of penalty

(D)

Reviewability of imposition of a penalty

(4)

Judicial review of agency determination

(A)

In general

(B)

Objections not raised in hearing

(C)

Scope of review

(D)

Order to pay penalty

(5)

Action to collect penalty

(6)

Settlement by Secretary

(7)

Deposit of penalties

(d)

Criminal penalties

(e)

Definitions

For purposes of this section:

(1)

Applicant

(2)

Assistance

(3)

Covered selection information

The term “covered selection information” means—

(A)

any information that is contained in any application or request for assistance, or any information regarding the decision of the Secretary to make available assistance or other information that is determined by the Secretary to be information that is not generally available to the public (not including program requirements and timing of the decision to make assistance available); and

(B)

any information that is required by statute, regulation, or order to be confidential.

(4)

Knowingly

(5)

Selection

(6)

Selection process

(f)

Regulations

(g)

Applicability

(Pub. L. 89–174, § 12, as added Pub. L. 101–235, title I, § 103, Dec. 15, 1989, 103 Stat. 1995.)

cite as: 42 USC 3537a