North Carolina Commission of Indian Affairs v. United States Department of Labor

725 F.2d 238
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 12, 1984
DocketNos. 82-1936(L), 83-1079 and 83-1161
StatusPublished
Cited by10 cases

This text of 725 F.2d 238 (North Carolina Commission of Indian Affairs v. United States Department of Labor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Carolina Commission of Indian Affairs v. United States Department of Labor, 725 F.2d 238 (4th Cir. 1984).

Opinion

CHAPMAN, Circuit Judge:

The principal issue in this appeal by the North Carolina Commission of Indian Affairs (Commission) and the North Carolina Department of Natural Resources and Community Development (Department) (collectively, North Carolina or the State) is whether the Secretary of Labor may order repayment of $135,611.77 in misspent funds under the Comprehensive Employment and Training Act of 1973, Pub.L. 93-203, 87 Stat. 839, 29 U.S.C. § 801 et seq. (1973) (1973 CETA Act). North Carolina claims that, prior to. amendments enacted in 1978, the Secretary of Labor’s sole remedy when funds were improperly expended was to withhold future grant moneys. In reliance on the Supreme Court’s decision in Bell v. New Jersey and Pennsylvania, — U.S. —, 103 S.Ct. 2187, 76 L.Ed.2d 313 (1983), which held that the Secretary of Education was entitled to order recoupment of misspent grant funds under the Elementary and Secondary Education Act of 1965 (ESEA), Pub.L. 89-10, 79 Stat. 27, as amended, 20 U.S.C. § 2701 et seq. (1976 ed. Supp. V) and in accord with the decision of the Court of Appeals for the Third Circuit in Atlantic County New Jersey v. United States Department of Labor, 715 F.2d 834 (3rd Cir.1983), we hold that the authority to require repayment of improper expenditures existed under the 1973 CETA Act. Finding also that there was substantial evidence to support the Secretary of Labor’s conclusion that the funds were improperly expended or inadequately monitored and that North Carolina was responsible for insuring that the grant was properly administered, we affirm the Secretary’s repayment order.1

I

The two North Carolina governmental agencies, as “prime sponsors” under the 1973 CETA Act, received grant funds from the Department of Labor and contracted with subgrantees for expenditure of the funds. Grantees and subgrantees receive CETA funds prior to expenditure instead of being reimbursed by the Department of Labor after moneys are expended. Since the grants were awarded prior to 1978, the provisions of the 1973 Act control. Following an audit and a grants officer’s determination that certain funds had been misused,2 [240]*240the Administrative Law Judge (ALJ) issued orders instructing the Commission to repay $34,147.19 and the Department, $101,-464.58.3 These orders became final decisions of the Secretary.

II

North Carolina questions whether the rule of S.E.C. v. Chenery, 332 U.S. 194, 196, 67 S.Ct. 1575, 1577, 91 L.Ed. 1995 (1947) that “a reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency” precludes this court from affirming the ALJ’s order based on an interpretation of the 1973 CETA Act that differs from the ALJ’s interpretation. (The AU found that the “1973 statute by implication authorized the Department of Labor to obtain repayment from the State of moneys, paid to ineligible applicants.” Based on the reasoning of Bell, we find that repayment authority is found in the language of the 1973 statute.) We do not, however, perceive there to be a Chenery problem in the instant case because the question of interpretation of a federal statute is not “a determination or judgment which an administrative agency alone is authorized to make.” Chenery, supra. A similar question of statutory interpretation was at issue in Milk Transport v. Interstate Commerce Commission, 190 F.Supp. 350 (D.Minn.1960), aff’d per curiam 368 U.S. 5, 82 S.Ct. 15, 7 L.Ed.2d 16 (1961). The court concluded that Chenery was not applicable:

We are not concerned here with a judgment which only the Interstate Commerce Commission can make. The expertness of the Commission does not make it better qualified than this court to interpret the phrase ... involved in this action. The interpretation here is wholly different from what it is in the case where Congress specifically entrusts an administrative agency, because of its special competence, with the task of defining or interpreting general words or setting up standards or rules of conduct. We are interpreting the scope of a federal statute and this task is not peculiar to an administrative agency. 190 F.Supp. at 355. (footnote omitted).

Ill

The Secretary of Labor raises three grounds in support of his authority to require repayment by North Carolina. First, the Secretary argues that the 1973 Act includes a right of recovery. The Secretary also contends that the 1978 Act, which Congress amended to provide expressly for recovery of misused funds, may be applied retroactively to reach funds administered under the earlier act. Labor’s third argument is that there is a common law right of recovery. Following the lead of Bell, we find that a right of recovery exists under the 1973 Act, and therefore we need not reach the issues of whether recovery is also authorized by retroactive application of the 1978 amendments or by the common law.

In Bell the Court found that the argument that ESEA contained a recoupment right was supported by the language, the legislative history and the administrative interpretation of the statute. We are persuaded that the language, the evidence of legislative intent, the administrative inter[241]*241pretation and the overall rationale of the 1978 CETA Act are sufficiently similar to that of ESEA to mandate a finding that the Department of Labor may order repayment of misapplied moneys.

Section 602(b) of the 1973 CETA Act provided in part:

The Secretary may make ... necessary adjustments in payments on account of overpayments or underpayments. The Secretary may also withhold funds otherwise payable under this chapter, but only in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this chapter.

North Carolina contends that the withholding provision gives the only available remedy in the event of noncompliance by a grantee. In Bell, however, the Court found that in a similar provision of ESEA,4 the “plain language of the statute” recognized the right of the federal government to overpaid funds. 103 S.Ct. at 2193. The Bell court also found that to adopt the State’s view of set-off as the only remedy would allow the State to escape liability for misuse of the moneys while penalizing those who were intended to benefit from the programs by reducing the amount of funds that the beneficiaries would actually receive. 103 S.Ct. at 2192 n. 5 and 2193 n. 8.

North Carolina seeks to distinguish § 602(b) from the provision of ESEA relied on in Bell to authorize repayment. The State’s argument is that only the withholding sanction, and not the adjustments in payments language, applies to recoupment of amounts expended in violation of the act.

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Related

North Carolina v. Heckler
584 F. Supp. 179 (E.D. North Carolina, 1984)

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Bluebook (online)
725 F.2d 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-carolina-commission-of-indian-affairs-v-united-states-department-of-ca4-1984.