42 U.S.C. § 3537b — Repealed. Pub. L. 104–65, § 11(b)(1), Dec

Page 5934 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3537b pursuant to paragraph (3)(A) unless a dem- onstration is made of extraordinary cir- cumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evi- dence not presented at such hearing is mate- rial and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the mat- ter to the Secretary for consideration of such additional evidence. (C) Scope of review The decisions, findings, and determina- tions of the Secretary shall be reviewed pur- suant to section 706 of title 5. (D) Order to pay penalty Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. (5) Action to collect penalty If any employee fails to comply with the Secretary’s determination or order imposing a civil money penalty under paragraph (1), after the determination or order is no longer sub- ject to review as provided by paragraphs (3)(A) and (4), the Secretary may request the Attor- ney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the employee and such other relief as may be available. The monetary judgment may, in the court’s discretion, include the attorneys’ fees and other expenses incurred by the United States in connection with the action. In an ac- tion under this subsection, the validity and appropriateness of the Secretary’s determina- tion or order imposing the penalty shall not be subject to review. (6) Settlement by Secretary The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this subsection. (7) Deposit of penalties The Secretary shall deposit all civil money penalties collected under this subsection into miscellaneous receipts of the Treasury. (d) Criminal penalties Whoever willfully violates subsection (a) by making a disclosure prohibited by subsection (a) to any applicant, or any officer, employee, rep- resentative, agent, or consultant of any appli- cant, shall be imprisoned not more than 5 years, or fined in accordance with title 18, or both. (e) Definitions For purposes of this section: (1) Applicant The term ‘‘applicant’’ means any applicant or candidate that is being considered for re- ceiving assistance. (2) Assistance The term ‘‘assistance’’ means any grant, loan, subsidy, guarantee, or other financial as- sistance under a program administered by the Secretary that provides by statute, regulation, or otherwise for the competitive distribution of such assistance. The term does not include any mortgage insurance provided under a pro- gram administered by the Secretary. (3) Covered selection information The term ‘‘covered selection information’’ means— (A) any information that is contained in any application or request for assistance, or any information regarding the decision of the Secretary to make available assistance or other information that is determined by the Secretary to be information that is not generally available to the public (not includ- ing program requirements and timing of the decision to make assistance available); and (B) any information that is required by statute, regulation, or order to be confiden- tial. (4) Knowingly The term ‘‘knowingly’’ means having actual knowledge of or acting with deliberate igno- rance of or reckless disregard for the prohibi- tions under this section. (5) Selection The term ‘‘selection’’ means the determina- tion of which applicants for assistance are to receive assistance under the program. (6) Selection process The term ‘‘selection process’’ means the pe- riod with respect to a selection for assistance that begins with the development, prepara- tion, and issuance of a solicitation or request for applications for the assistance and con- cludes with the selection of recipients of as- sistance, and includes the evaluation of appli- cations. (f) Regulations The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (g) Applicability This section shall apply only with respect to violations that occur on or after December, 15, 1989. (Pub. L. 89–174, § 12, as added Pub. L. 101–235, title I, § 103, Dec. 15, 1989, 103 Stat. 1995.) § 3537b. Repealed. Pub. L. 104–65, § 11(b)(1), Dec. 19, 1995, 109 Stat. 701 Section, Pub. L. 89–174, § 13, as added Pub. L. 101–235, title I, § 112, Dec. 15, 1989, 103 Stat. 2016; amended Pub. L. 102–550, title IX, § 926, Oct. 28, 1992, 106 Stat. 3885, re- lated to registration of and reports by persons spending money to influence Department decisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1996, except as otherwise pro- vided, see section 24 of Pub. L. 104–65, set out as an Ef- fective Date note under section 1601 of Title 2, The Con- gress. § 3537c. Prohibition of lump-sum payments In providing relocation assistance in connec- tion with any program administered by the De-