Pub. L. 100-223, tit. I, sec. 112
LIMITATION ON POWERS.
SEC. 112. LIMITATION ON POWERS. Section 519 is amended— (1) by inserting “(a) General Rule.—” before “The Secretary”;, and (2) by adding at the end thereof the following new subsection: “(b) Limitations.— “(1) Withholding of approval.— The Secretary may not withhold approval of a grant application for funds apportioned under sections 507(a)(1), 507(a)(2), and 507(b)(5) for a violation of an assurance or other requirement of this title unless— “(A) the Secretary provides the applicant with an opportunity for a hearing; and “(B) within 180 days after the date of such application or the date the Secretary first knows of such noncompliance, whichever is later, the Secretary makes a determination that the violation has occurred. “(2) Withholding of payment.— The Secretary may not withhold a payment under any grant agreement entered into under this title for more than 180 days after the date such payment is due— “(A) without providing the recipient of such payment with notice and an opportunity for a hearing; and “(B) without determining that the grant recipient has violated such agreement. “(3) Extension of time limits.— The time limits established by paragraphs (1) and (2) of this section may be extended— “(A) by mutual agreement of the Secretary and the grant applicant or recipient, as the case may be; or “(B) at the discretion of the hearing officer if the hearing officer determines that such extension is necessary as a result of a failure of the applicant or recipient to adhere to the hearing schedule established by such officer. 101 STAT. 1505 “(4) Judicial review.— A person aggrieved by an order of the Secretary withholding (A) approval of a grant application under paragraph (1), and (B) a payment under a grant agreement under paragraph (2), may obtain review of the order by petition to the Court of Appeals for the District of Columbia Circuit or the court of appeals for the circuit in which the project is located. Such petition shall be filed not later than 60 days after the date on which the order is served on the petitioner. .