Sec. 4. Administration
838 words·~4 min read·
/bill/116/hr/7671/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall appoint a Special Administrator on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, or public administration, and acting through such Special Administrator, shall— administer the recovery compensation program established under this Act; promulgate all procedural and substantive rules for the administration of this Act; and employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Administrator under this Act.
To the extent the Special Administrator determines is necessary to implement the provisions of this Act in a timely manner, the Special Administrator is authorized to contract with third parties to review business applications, recommend compensation determinations, arrange payments, and perform audits on behalf of the Special Administrator. Any third party contracting to provide recovery compensation services pursuant to this subsection shall be compensated on a cost basis pursuant to guidelines established by the Special Administrator in consultation with the Oversight Board.
The provisions of this Act and the services provided under subsection
(b)shall be enforced by the Secretary. Any party contracting with the Special Administrator to assist in recovery compensation services pursuant to subsection
(b)shall not bear any liability for the performance of such duties except for gross negligence, willful misconduct, or fraud. There shall be no liability imposed on any party for not contracting with the Special Administrator as described in paragraph (1). Any financial institution not contracting with the Special Administrator that provides assistance or information to an applicant with respect to the compensation program established under this Act without receiving compensation for providing such assistance or information shall not bear any liability for the provision of such assistance or information except for gross negligence, willful misconduct, or fraud, provided that nothing in this subsection shall be construed to alter any duty or obligation owed by such party to an applicant under otherwise applicable State or Federal law or by agreement with the applicant. State laws or regulations conflicting with the directions of the Special Administrator pursuant to subsection
(b)are preempted to the extent of such actual or implied conflict. The district courts of the United States shall have original and exclusive jurisdiction over any action arising out of a contract described in subsection (b). The submission of any nonpublicly available data and information by an applicant to the Special Administrator under this Act shall not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. Any requirement under Federal or State law to the extent otherwise applicable, or any requirement pursuant to a written agreement in effect between an applicant and any third party which provides an applicant’s nonpublicly available data or information to the Special Administrator, regarding the privacy or confidentiality of any data or information in the possession of the third party, shall continue to apply to such data or information after the data or information has been provided to the Special Administrator under this Act. The Special Administrator, and any third party which obtains an applicant’s nonpublicly available data or information, is prohibited from sharing or selling such information except as required by law. The Special Administrator or third party may share information as necessary to meet the obligations under this Act, so long as the third party agrees in writing to maintain the confidentiality of the information. The Secretary, and the Special Inspector General established by this Act, shall have access, for purposes of audit, to the records and other pertinent documents of the Special Administrator, any third party described in subsection (b), and any applicant, including with respect to collateral source records and documents, used in carrying out this Act. The Special Administrator shall submit weekly reports to Congress that shall include— a listing of the eligible businesses receiving recovery compensation under this Act; a listing of each contract the Special Administrator made with third-party service providers under subsection (b), including information with respect to the services being provided under such contracts; a listing of all outstanding appeals of compensation determinations; and an estimate of the total amount of recovery compensation payments made under this Act that is current as of the date on which the report is submitted. The reports required under this subsection shall be submitted not later than 7 calendar days after the date that recovery compensation is first paid under this Act, and every 7 calendar days thereafter. The Special Administrator shall be subject to the prohibition on acts affecting personal financial interest under section 208 of title 18, United States Code, and shall be subject to limitations on outside employment and outside income pursuant to title V of the Ethics in Government Act of 1978 (5 U.S.C. App.). There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Administrator (including the contracts described in subsection (b)) in carrying out this Act.