42 USC 3545 - HUD accountability

U.S Code last checked for updates: May 03, 2024

§ 3545.

HUD 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)

(i)

The Secretary shall notify the public of all funding decisions made by the Department. The Secretary shall require any State or unit of general local government to notify the public of the award or allocation of such funding to subsequent recipients. The notification shall include the following elements for each funding decision:

(I)

the name and address of each funding recipient;

(II)

the name or other means of identifying the project, activity, or undertaking for each funding recipient;

(III)

the dollar amount of the funding for each project, activity, or undertaking;

(IV)

the citation to the statutory, regulatory, or other criteria under which the funding decision was made; and

(V)

such additional information as the Secretary deems appropriate for a clear and full understanding of the funding decision.

(ii)

The notification referred to in clause (i) of this subsection shall be published as a Notice in the Federal Register at least quarterly.

(iii)

For purposes of this subparagraph, the term “funding decision” means the decision of the Secretary to make available grants, loans, or any other form of financial assistance to an individual or to an entity, including (but not limited to) a State or local government or agency thereof (including a public housing agency), an Indian tribe, or a nonprofit organization, under any program administered by the Department that provides, by statute, regulation, or otherwise, for the competitive distribution of financial assistance.

(D)

The Secretary shall publish a notice in the Federal Register at least annually informing the public of the allocation of assistance under section 1439(d)(1)(A) of this title.

(E)

The Secretary shall ensure that each application and all related documentation and other information referred to in subparagraph (B), including each letter of support, is readily available for public inspection for a period of not less than 5 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 within the jurisdiction of the Department for a project application submitted to the Secretary or to any State or unit of general local government by any applicant who has received or, in the determination of the Secretary, can reasonably be expected to receive assistance within the jurisdiction of the Department in excess of $200,000 in the aggregate during any fiscal year or such lower amount as the Secretary may establish by regulation. Such information shall include the following:

(1)

Other government assistance

(2)

Interested parties

(3)

Expected sources and uses

(c)

Updating of disclosure

(d)

Limitation of assistance

(e)

Administrative remedies

If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (b) or (c) 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 violator, including debarment, subject to review and determination on the record after opportunity for a hearing;

(C)

recapture any funds that have been disbursed;

(D)

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

(E)

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 subsection.

(f)

Civil money penalties

(1)

In general

(2)

Amount of penalty

(g)

Agency procedures

(1)

In general

The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsection (f). These standards and procedures—

(A)

shall provide for the Secretary to make the determination to impose the penalty or to use an administrative entity to make the determination;

(B)

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

(C)

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

If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order, the determination or order shall be final.

(2)

Factors in determining amount of penalty

(3)

Reviewability of imposition of a penalty

(h)

Judicial review of agency determination

(1)

In general

(2)

Objections not raised in hearing

(3)

Scope of review

(4)

Order to pay penalty

(i)

Action to collect penalty

(j)

Settlement by Secretary

(k)

Regulations

(l)

Deposit of penalties

(m)

Definitions

For the purpose of this section—

(1)

The term “Department” means the Department of Housing and Urban Development.

(2)

The term “Secretary” means the Secretary of Housing and Urban Development.

(3)

The term “person” means an individual (including a consultant, lobbyist, or lawyer), corporation, company, association, authority, firm, partnership, society, State, local government, or any other organization or group of people.

(4)

The term “assistance within the jurisdiction of the Department” includes any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages.

(5)

The term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section.

(n)

Effective date

(Pub. L. 101–235, title I, § 102, Dec. 15, 1989, 103 Stat. 1990; Pub. L. 110–289, div. B, title VIII, § 2834(a), July 30, 2008, 122 Stat. 2869.)

cite as: 42 USC 3545