Title 42 — The Public Health and Welfare
Part A · Chapter 130 — National Affordable Housing
§ 12753. Program enforcement and penalties for noncompliance
Statutory text
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—
prevent withdrawals from the participating jurisdiction’s HOME Investment Trust Fund for activities affected by such failure to comply;
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;
remove the participating jurisdiction from participation in allocations or reallocations of funds made available under this part; or
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
HOME Investment Partnerships Act
Pub. L. 101–625 title II § 223 · 104 Stat. 4079
Enacted · 42 U.S.C. § 12753
Pub. L. 101–625, title II, § 223, Nov. 28, 1990, 104 Stat. 4112
Source evidence
Code source credit
Pub. L. 101–625, title II, § 223, Nov. 28, 1990, 104 Stat. 4112Enacted provision · exact public law section
SEC. 223. PENALTIES FOR MISUSE OF FUNDS. 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 subtitle 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 title, 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 title to activities that conform to one or more model programs made available under section 213; or (3) remove the participating jurisdiction from participation in allocations or reallocations of funds made available under this subtitle.Pub. L. 119–101 § 501(t)(4)(B) · 140 Stat. 916
Inserted · 42 U.S.C. § 12753
Pub. L. 119–101, § 501(t)(4)(B), inserted “, including any provision applicable throughout the period required by section 12745(a)(1)(E) of this title and applicable regulations,” after “any provision of this part” in introductory provisions
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 119–101, § 501(t)(4)(B), inserted “, including any provision applicable throughout the period required by section 12745(a)(1)(E) of this title and applicable regulations,” after “any provision of this part” in introductory provisions.Pub. L. 119–101 § 501(t)(4)(A) · 140 Stat. 916
Substituted · 42 U.S.C. § 12753
Pub. L. 119–101, § 501(t)(4)(A), substituted “Program enforcement and penalties for noncompliance” for “Penalties for misuse of funds” in section catchline
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 119–101, § 501(t)(4)(A), substituted “Program enforcement and penalties for noncompliance” for “Penalties for misuse of funds” in section catchline.Pub. L. 119–101 § 501(t)(4)(C) · 140 Stat. 916
Added · 42 U.S.C. § 12753(4)
Pub. L. 119–101, § 501(t)(4)(C) to (E), added par. (4)
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (4). Pub. L. 119–101, § 501(t)(4)(C) to (E), added par. (4).
1 of 4 references resolved to an enrolled provision · 3 unresolved
Editorial Notes
Amendments
2026—Pub. L. 119–101, § 501(t)(4)(B), inserted “, including any provision applicable throughout the period required by section 12745(a)(1)(E) of this title and applicable regulations,” after “any provision of this part” in introductory provisions.
Pub. L. 119–101, § 501(t)(4)(A), substituted “Program enforcement and penalties for noncompliance” for “Penalties for misuse of funds” in section catchline.
Par. (4). Pub. L. 119–101, § 501(t)(4)(C) to (E), added par. (4).
Credits
1990–2026 · 2 acts
- 1990Pub. L. 101–625, title II, § 223, , 104 Stat. 4112
- 2026Pub. L. 119–101, title V, § 501(t)(4), , 140 Stat. 916.
Show as published
(Pub. L. 101–625, title II, § 223, , 104 Stat. 4112; Pub. L. 119–101, title V, § 501(t)(4), , 140 Stat. 916.)