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42 U.S.C. § 12753Program enforcement and penalties for noncompliance

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 195 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a jurisdiction breaks the program's rules, the Secretary must give notice and a hearing. The Secretary must then cut the jurisdiction's credit line by the amount misspent. The Secretary may also impose further penalties until the jurisdiction fixes the problem.

If the Secretary finds, after giving the jurisdiction reasonable notice and a chance for a hearing, that a participating jurisdiction has substantially failed to follow any rule in this part — including rules that must apply for the full period required under section 12745(a)(1)(E) — the Secretary must act. First, the Secretary must reduce the jurisdiction's HOME Investment Trust Fund credit line by the exact amount of any spending that broke the rules. This reduction stays in place until the Secretary is satisfied the jurisdiction is no longer breaking the rules. On top of that mandatory reduction, the Secretary may also do any of the following: (1) block the jurisdiction from withdrawing HOME funds for the activities affected by the violation; (2) limit the jurisdiction to activities that follow one or more of the model programs made available under section 12743; (3) remove the jurisdiction from future allocations or reallocations of funds under this part; or (4) reduce future payments to the jurisdiction by the amount it spent in violation of the rules.
the actual law source: uscode.house.gov ↗public domain

If the Secretary finds after reasonable notice and opportunity for hearing that a participating jurisdiction has failed to comply substantially with any provision of this part, including any provision applicable throughout the period required by section 12745(a)(1)(E) of this title and applicable regulations, and until the Secretary is satisfied that there is no longer any such failure to comply, the Secretary shall reduce the line of credit in the participating jurisdiction’s HOME Investment Trust Fund by the amount of any expenditures that were not in accordance with the requirements of this subchapter, and the Secretary may—

(1)

prevent withdrawals from the participating jurisdiction’s HOME Investment Trust Fund for activities affected by such failure to comply;

(2)

restrict the participating jurisdiction’s activities under this subchapter to activities that conform to one or more model programs made available under section 12743 of this title;

(3)

remove the participating jurisdiction from participation in allocations or reallocations of funds made available under this part; or

(4)

reduce payments to the participating jurisdiction under this part by an amount equal to the amount of such payments that were not expended by the participating jurisdiction in accordance with this subchapter.

Source credit: (Pub. L. 101–625, title II, § 223, Nov. 28, 1990, 104 Stat. 4112; Pub. L. 119–101, title V, § 501(t)(4), July 11, 2026, 140 Stat. 916.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4112
  • 2026Amended · Pub. L. 119-101 · 140 Stat. 916

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-625 on 1990-11-28.

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