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42 U.S.C. § 6870 — Judicial review of final action by Secretary on application
Federal law — U.S. Code and appendices · legal_authorities
**(a) Time for appeal; jurisdiction; filing of administrative record by Secretary** If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under [section 6864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864&num=0&edition=prelim) or with a final action under [section 6868 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6868&num=0&edition=prelim), such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record** The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
**(c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court** The court shall have jurisdiction to affirm the act
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Source file: Laws/federal/codes/united-states-code/title-42/section-6870-judicial-review-of-final-action-by-secretary-on-application--bfd377dfcc.md
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Source location: Title 42, Chapter 81, § 6870; chapter-081-energy-conservation-and-resource-renewal.md
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**(a) Time for appeal; jurisdiction; filing of administrative record by Secretary** If any applicant is dissatisfied with the Secretary’s final action with respect to the application submitted by it under [section 6864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6864&num=0&edition=prelim) or with a final action under [section 6868 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6868&num=0&edition=prelim), such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(b) Conclusiveness of findings of Secretary; remand; modified findings by Secretary; certification of record** The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
**(c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court** The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development and conduct of program by Secretary; grants to States and Indian tribal organizations** The Secretary shall develop and conduct, in accordance with the purpose and provisions of this part, a weatherization program. In developing and conducting such program, the Secretary may, in accordance with this part and regulations promulgated under this part, make grants (1) to States, and (2) in accordance with the provisions of subsection (d), to Indian tribal organizations to serve Native Americans. Such grants shall be made for the purpose of providing financial assistance with regard to projects designed to provide for the weatherization of dwelling units, particularly those where elderly or handicapped low-income persons reside, occupied by low-income families.
**(b) Consultation by Secretary with other Federal departments and agencies on development and publication in Federal Register of proposed regulations; required regulatory provisions; standards and procedures; rental units**
(1) The Secretary, after consultation with the Director, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Labor, and the heads of such other Federal departments and agencies as the Secretary deems appropriate, shall develop and publish in the Federal Register for public comment, not later than 60 days after August 14, 1976, proposed regulations to carry out the provisions of this part. The Secretary shall take into consideration comments submitted regarding such proposed regulations and shall promulgate and publish final regulations for such purpose not later than 90 days after August 14, 1976. The development of regulations under this part shall be fully coordinated with the Director.
(2) The regulations promulgated
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6864
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reporting requirements** The Secretary, in consultation with the Director, by general or special orders, may require any recipient of financial assistance under this part to provide, in such form as he may prescribe, such reports or answers in writing to specific questions, surveys, or questionnaires as may be necessary to enable the Secretary and the Director to carry out their functions under this part.
**(b) Maintenance of records** Each person responsible for the administration of a weatherization assistance project receiving financial assistance under this part shall keep such records as the Secretary may prescribe in order to assure an effective financial audit and performance evaluation of such project.
**(c) Audit and examination of books, etc.** The Secretary, the Director (with respect to community action agencies), and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, information, and records of any project receiving financial assistance under this part that are pertinent to the financial assistance received under this part.
**(d) Method of payments** Payments under this part may be made in installments and in advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6868
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply:
(1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is
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Federal law — U.S. Code and appendices · legal_authorities
Page 6914
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6870
(Pub. L. 94–385, title IV, § 419, Aug. 14, 1976, 90
Stat. 1157; Pub. L. 96–294, title V, § 577(2), (3),
June 30, 1980, 94 Stat. 760.)
Editorial Notes
AMENDMENTS
1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted
‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing,
and ‘‘Secretary’s’’ for ‘‘Administrator’s’’.
§ 6870. Prohibition against discrimination; notifi-
cation to funded project of violation; pen-
alties for failure to comply
(a) No person in the United States shall, on
the ground of race, color, national origin, or sex,
or on the ground of any other factor specified in
any Federal law prohibiting discrimination, be
excluded from participation in, be denied the
benefits of, or be subjected to discrimination
under any program, project, or activity sup-
ported in whole or in part with financial assist-
ance under this part.
(b) Whenever the Secretary determines that a
recipient of financial assistance under this part
has failed to comply with subsection (a) or any
applicable regulation, he shall notify the recipi-
ent thereof in order to secure compliance. If,
within a reasonable period of time thereafter,
such recipient fails to comply, the Secretary
shall—
(1) refer the matter to the Attorney General
with a recommendation that an appropriate
civil action be instituted;
(2) exercise the power and functions provided
by title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.] and any other applicable
Federal nondiscrimination law; or
(3) take such other action as may be author-
ized by law.
(Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90
Stat. 1158; Pub. L. 96–294, title V, § 577(2), June
30, 1980, 94 Stat. 760.)
Editorial Notes
REFERENCES IN TEXT
The Civil Righ
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