§9905a. Procedures for a review of termination or reduction of funding

(a) Assumption by Secretary of responsibility for financial assistance in case of State violation of assurances

Whenever a State violates the assurances contained in section 9904(c)(11) of this title and terminates or reduces the funding of a community action agency or migrant and seasonal farmworker organization prior to the completion of the State's hearing and the Secretary's review as required in section 9908 of this title, the Secretary shall assume responsibility for providing financial assistance to the community action agency or migrant and seasonal farmworker organization affected. The allotment for the State shall be reduced by an amount equal to the funds provided under this section by the Secretary to such agency or organization.

(b) Review of termination or reduction of funding upon request

The Secretary shall upon request review any termination or reduction of funding to a community action agency or migrant and seasonal farmworker organization protected by a State's assurance under section 9904(c)(11) of this title. Such review shall be conducted promptly and shall be based upon the record and no determination shall become effective until a finding by the Secretary confirming the State's finding of cause.

(c) Conduct of review through Office of Community Services

The Secretary shall conduct the review under subsection (b) of this section through the Office of Community Services, which shall promptly conduct such review and issue a written determination together with the reasons of the Secretary therefor.

(Pub. L. 97–35, title VI, §676A, as added Pub. L. 98–558, title II, §203(d), Oct. 30, 1984, 98 Stat. 2885 ; amended Pub. L. 99–425, title IV, §403(a)(2)–(4), Sept. 30, 1986, 100 Stat. 968 , 969; Pub. L. 101–501, title IV, §404(c), Nov. 3, 1990, 104 Stat. 1252 .)

Amendments

1990-Pub. L. 101–501 inserted "or reduction" after "termination" in section catchline, "or reduces" after "terminates" in subsec. (a), and "or reduction" after "termination" in subsec. (b).

1986-Pub. L. 99–425 substituted "Procedures for a review of termination of funding" for "Termination of funding review" in section catchline, designated existing provisions as subsec. (b), and added subsecs. (a) and (c).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title.

Section Referred to in Other Sections

This section is referred to in section 9904 of this title.