
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5311]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 69--COMMUNITY DEVELOPMENT
 
Sec. 5311. Remedies for noncompliance with community development 
        requirements
        

(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) of this section, 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 this 
section 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.

(Pub. L. 93-383, title I, Sec. 111, Aug. 22, 1974, 88 Stat. 650.)

                  Section Referred to in Other Sections

    This section is referred to in sections 5306, 5309 of this title.
