(5) The term "reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to or not furnished in cooperation with the Department. (6) The term "regularly employed" means, with respect to an officer or employee of a person requesting or receiving assistance within the jurisdiction of the Department or who is involved in a management action with respect to such assistance, an officer or employee who is employed by such person for at least 130 working days within one year immediately before the date of the submission that initiates departmental consideration of such person for receipt of such assistance, or the date of initiation of any management action. (g) REGULATIONS.-The Secretary shall issue any regulations necessary to implement this section. (h) EFFECTIVE DATE.-This section shall take effect on the date specified in regulations implementing this section that are issued by the Secretary after notice and public comment. The regulations shall establish standards that include determinations of what types of activities constitute influence with respect to the decisions of the Department described in subsection (a)(1) (A) and (B). [42 U.S.C. 3537b] PROHIBITION OF LUMP-SUM PAYMENTS SEC. 14. In providing relocation assistance in connection with any program administered by the Department of Housing and Urban Development, the Secretary may not make lump-sum payments to any displaced residential tenant, except where necessary to cover (1) moving expenses; (2) a downpayment on the purchase of a replacement residence, including a condominium unit or membership in a cooperative housing association; or (3) any incidental expenses related to paragraph (1) or (2). [42 U.S.C. 3537c] HUD ACCOUNTABILITY AND APPLICANT DISCLOSURES EXCERPT FROM DEPARTMENT OF HOUSING AND URBAN [Public Law 101-235; 103 Stat. 1987; 42 U.S.C. 3545] SEC. 102. HUD ACCOUNTABILITY. (a) NOTICE REGARDING ASSISTANCE.— (1) PUBLICATION OF NOTICE OF AVAILABILITY.—The Secretary shall publish in the Federal Register notice of the availability of any assistance under any program or discretionary fund administered by the Secretary. (2) PUBLICATION OF APPLICATION PROCEDURES.—The Secretary shall publish in the Federal Register a description of the form and procedures by which application for the assistance may be made, and any deadlines relating to the award or allocation of the assistance. Such description shall be designed to help eligible applicants to apply for such assistance. (3) PUBLICATION OF SELECTION CRITERIA.-Not less than 30 days before any deadline by which applications or requests for assistance under any program or discretionary fund administered by the Secretary must be submitted, the Secretary shall publish in the Federal Register the criteria by which selection for the assistance will be made. Subject to section 213 of the Housing and Community Development Act of 1974, such criteria shall include any objective measures of housing need, project merit, or efficient use of resources that the Secretary determines are appropriate and consistent with the statute under which the assistance is made available. (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 213(d)(1)(A) of the Housing and Community Development Act of 1974. (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.-The Secretary may waive the requirements of paragraphs (1), (2), and (3) if the Secretary determines that the waiver is required for appropriate response to an emergency. Not less than 30 days after providing a waiver under the preceding sentence, the Secretary shall publish in the Federal Register the Secretary's reasons for so doing. (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.-Information regarding any related assistance from the Federal Government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is expected to be made available with respect to the project or activities for which the applicant is seeking assistance. Such related assistance shall include but not be limited to any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance. (2) INTERESTED PARTIES.-The name and pecuniary interest of any person who has a pecuniary interest in the project or activities for which the applicant is seeking assistance. Persons with a pecuniary interest in the project or activity shall include but not be limited to any developers, contractors, and consultants involved in the application for assistance or the planning, development, or implementation of the project or activity. For purposes of this paragraph, residency of an individual in housing for which assistance is being sought shall not, by itself, be considered a pecuniary interest. (3) EXPECTED SOURCES AND USES.-A report satisfactory to the Secretary of the expected sources and uses of funds that are to be made available for the project or activity. (c) UPDATING OF DISCLOSURE.-During the period when an application is pending or assistance is being provided, the applicant shall update the disclosure required under the previous subsection within 30 days of any substantial change. (d) LIMITATION OF ASSISTANCE.-The Secretary shall certify that assistance within the jurisdiction of the Department to any housing project shall not be more than is necessary to provide affordable housing after taking account of assistance described in subsection (b)(1). The Secretary shall adjust the amount of assistance awarded or allocated to an applicant to compensate in whole or in part, as the Secretary determines to be appropriate, for any changes reported under subsection (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; 1 See section 911 of the Housing and Community Development Act of 1992, Pub. L. 102-550, set forth, post, this part. (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.-Whenever any person knowingly and materially violates any provision of subsection (b) or (c), the Secretary may impose a civil money penalty on that person in accordance with the provisions of this section. This penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. (2) AMOUNT OF PENALTY.-The amount of the penalty, as determined by the Secretary, may not exceed $10,000 for each violation. (g) AGENCY PROCEDURES. (1) 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.-In determining the amount of a penalty under subsection (f), consideration shall be given to such factors as the gravity of the offense, ability to pay the penalty, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (3) REVIEWABILITY OF IMPOSITION OF A PENALTY.-The Secretary's determination or order imposing a penalty under subsection (f) shall not be subject to review, except as provided in subsection (h). (h) JUDICIAL REVIEW OF AGENCY DETERMINATION. (1) IN GENERAL.-After exhausting all administrative remedies established by the Secretary under subsection (g)(1), a person against whom the Secretary has imposed a civil money penalty under subsection (f) may obtain a review of the penalty and such ancillary issues as may be addressed in the notice of |