Encl. (1) to COMDTINST 5350.20A
investigation, proceeding, or hearing under this part. The identity of complainants shall
be kept confidential except to the extent necessary to carry out the purposes of this part,
including the conduct of any investigation, hearing, or judicial proceeding arising
thereunder.
Sec. 21.13 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure to comply with this
part, and if the noncompliance or threatened noncompliance cannot be corrected by
informal means, compliance with this part may be effected by the suspension or
termination of or refusal to grant or to continue Federal financial assistance or by any
other means authorized by law. Such other means may include, but are not limited to:
(1) A referral to the Department of Justice with a recommendation that appropriate
proceedings be brought to enforce any rights of the United States under any law of the
United States (including other titles of the Act), or any assurance or other contractual
undertaking; and
(2) any applicable proceeding under State or local law.
(b) Noncompliance with Sec. 21.7. If an applicant fails or refuses to furnish an
assurance required under Sec. 21.7 or otherwise fails or refuses to comply with a
requirement imposed by or
[[Page 10908]]
pursuant to that section, Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. The Department shall not be required to
provide assistance in such a case during the pendency of the administrative proceedings
under such paragraph. However, subject to Sec. 21.21, the Department shall continue
assistance during the pendency of such proceedings where such assistance is due and
payable pursuant to an application approved prior to the effective date of this part.
(c) Termination of or refusal to grant or to continue Federal financial assistance. (1) No
order suspending, terminating, or refusing to grant or continue Federal financial
assistance shall become effective until:
(i) The Secretary has advised the applicant or recipient of his failure to comply and has
determined that compliance cannot be secured by voluntary means;
(ii) There has been an express finding on the record, after opportunity for hearing, of a
failure by the applicant or recipient to comply with a requirement imposed by or pursuant
to this part;
(iii) The action has been approved by the Secretary pursuant to Sec. 21.17(e); and
(iv) The expiration of 30 days after the Secretary has filed with the committee of the
House and the committee of the Senate having legislative jurisdiction over the program
involved, a full written report of the circumstances and the grounds for such action.
(2) Any action to suspend or terminate or to refuse to grant or to continue Federal
financial assistance shall be limited to the particular political entity, or part thereof, or
other applicant or recipient as to whom such a finding has been made and shall be limited
in its effect to the particular program, or part thereof, in which such noncompliance has
been so found.
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