Collapse to view only § 4165. Review and audit by Secretary
- § 4161. Remedies for noncompliance
- § 4162. Replacement of recipient
- § 4163. Monitoring of compliance
- § 4164. Performance reports
- § 4165. Review and audit by Secretary
- § 4166. GAO audits
- § 4167. Reports to Congress
- § 4168. Public availability of information
§ 4161. Remedies for noncompliance
(a) Actions by Secretary affecting grant amounts
(1) In generalExcept as provided in subsection (b), if the Secretary finds after reasonable notice and opportunity for hearing that a recipient of assistance under this chapter has failed to comply substantially with any provision of this chapter, the Secretary shall—
(A) terminate payments under this chapter to the recipient;
(B) reduce payments under this chapter to the recipient by an amount equal to the amount of such payments that were not expended in accordance with this chapter;
(C) limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply; or
(D) in the case of noncompliance described in section 4162(b) of this title, provide a replacement tribally designated housing entity for the recipient, under section 4162 of this title.
(2) Substantial noncompliance
(3) Continuance of actions
(4) Exception for certain actions
(A) In general
(B) Procedural requirementIf the Secretary takes an action described in subparagraph (A), the Secretary shall—
(i) provide notice to the recipient at the time that the Secretary takes that action; and
(ii) conduct a hearing not later than 60 days after the date on which the Secretary provides notice under clause (i).
(C) Determination
(b) Noncompliance because of technical incapacity
(1) In generalIf the Secretary makes a finding under subsection (a), but determines that the failure to comply substantially with the provisions of this chapter—
(A) is not a pattern or practice of activities constituting willful noncompliance, and
(B) is a result of the limited capability or capacity of the recipient,
the Secretary may provide technical assistance for the recipient (directly or indirectly) that is designed to increase the capability and capacity of the recipient to administer assistance provided under this chapter in compliance with the requirements under this chapter, if the recipient enters into a performance agreement with the Secretary that specifies the compliance objectives that the recipient will be required to achieve by the termination date of the performance agreement.
(2) Performance agreement
(3) Review
(4) Effect of reviewIf, on the basis of a review under paragraph (3), the Secretary determines that the recipient—
(A) has made a good faith effort to meet the compliance objectives specified in the agreement, the Secretary may enter into an additional performance agreement for the period specified in paragraph (2); and
(B) has failed to make a good faith effort to meet applicable compliance objectives, the Secretary shall determine the recipient to have failed to comply substantially with this chapter, and the recipient shall be subject to an action under subsection (a).
(c) Referral for civil action
(1) Authority
(2) Civil action
(d) Review
(1) In generalAny recipient who receives notice under subsection (a) of the termination, reduction, or limitation of payments under this chapter—
(A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and
(B) upon the filing of any petition under subparagraph (A), shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.
(2) Procedure
(3) Disposition
(A) Court proceedings
(B) SecretaryThe Secretary—
(i) may modify the findings of fact of the Secretary, or make new findings, by reason of the new evidence so taken and filed with the court; and
(ii) shall file—(I) such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole; and(II) the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary.
(4) Finality
(Pub. L. 104–330, title IV, § 401, Oct. 26, 1996, 110 Stat. 4037; Pub. L. 106–568, title X, § 1003(h), (i), Dec. 27, 2000, 114 Stat. 2928, 2929; Pub. L. 106–569, title V, § 503(g), (h), Dec. 27, 2000, 114 Stat. 2964, 2965; Pub. L. 110–411, title IV, § 401, Oct. 14, 2008, 122 Stat. 4330.)
§ 4162. Replacement of recipient
(a) Authority
(b) Conditions of removal
(c) Choice and term of replacementIf the Secretary requires that a replacement tribally designated housing entity serve as the recipient for a tribe (or tribes)—
(1) the replacement entity shall be an entity mutually agreed upon by the Secretary and the tribe (or tribes) for which the recipient was authorized to act, except that if no such entity is agreed upon before the expiration of the 60-day period beginning upon the date that the Secretary makes the determination under subsection (b), the Secretary shall act as the replacement entity until agreement is reached upon a replacement entity; and
(2) the replacement entity (or the Secretary, as provided in paragraph (1)) shall act as the tribally designated housing entity for the tribe (or tribes) for a period that expires upon—
(A) a date certain, which shall be specified by the Secretary upon making the determination under subsection (b); or
(B) the occurrence of specific conditions, which conditions shall be specified in written notice provided by the Secretary to the tribe upon making the determination under subsection (b).
(Pub. L. 104–330, title IV, § 402, Oct. 26, 1996, 110 Stat. 4039.)
§ 4163. Monitoring of compliance
(a) Enforceable agreements
(b) Periodic monitoring
(c) Performance measures
(Pub. L. 104–330, title IV, § 403, Oct. 26, 1996, 110 Stat. 4039; Pub. L. 110–411, title IV, § 402, Oct. 14, 2008, 122 Stat. 4330.)
§ 4164. Performance reports
(a) Requirement
For each fiscal year, each recipient shall—
(1) review the progress it has made during such fiscal year in carrying out the Indian housing plan (or plans) for the Indian tribes for which it administers grant amounts; and
(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review.
(b) Content
Each report under this section for a fiscal year shall—
(1) describe the use of grant amounts provided to the recipient for such fiscal year;
(2) assess the relationship of such use to the planned activities identified in the Indian housing plan of the grant beneficiary; and
(3) indicate the programmatic accomplishments of the recipient.
(c) Submission
(d) Public availability
(Pub. L. 104–330, title IV, § 404, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 110–411, title IV, § 403, Oct. 14, 2008, 122 Stat. 4330.)
§ 4165. Review and audit by Secretary
(a) Requirements under chapter 75 of title 31
(b) Additional reviews and audits
(1) In generalIn addition to any audit or review under subsection (a), to the extent the Secretary determines such action to be appropriate, the Secretary may conduct an audit or review of a recipient in order to—
(A) determine whether the recipient—
(i) has carried out—(I) eligible activities in a timely manner; and(II) eligible activities and certification in accordance with this chapter and other applicable law;
(ii) has a continuing capacity to carry out eligible activities in a timely manner; and
(iii) is in compliance with the Indian housing plan of the recipient; and
(B) verify the accuracy of information contained in any performance report submitted by the recipient under section 4164 of this title.
(2) On-site visits
(c) Review of reports
(1) In general
(2) Public availabilityAfter taking into consideration any comments of the recipient under paragraph (1), the Secretary—
(A) may revise the report; and
(B) not later than 30 days after the date on which those comments are received, shall make the comments and the report (with any revisions made under subparagraph (A)) readily available to the public.
(d) Effect of reviews
(Pub. L. 104–330, title IV, § 405, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 106–568, title X, § 1003(f)(2), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, § 503(e)(2), Dec. 27, 2000, 114 Stat. 2963.)
§ 4166. GAO audits
To the extent that the financial transactions of Indian tribes and recipients of grant amounts under this chapter relate to amounts provided under this chapter, such transactions may be audited by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such tribes and recipients pertaining to such financial transactions and necessary to facilitate the audit.
(Pub. L. 104–330, title IV, § 406, Oct. 26, 1996, 110 Stat. 4041; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
§ 4167. Reports to Congress
(a) In general
Not later than 90 days after the conclusion of each fiscal year in which assistance under this chapter is made available, the Secretary shall submit to the Congress a report that contains—
(1) a description of the progress made in accomplishing the objectives of this chapter;
(2) a summary of the use of funds available under this chapter during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees under subchapter VI.
(b) Related reports
(Pub. L. 104–330, title IV, § 407, Oct. 26, 1996, 110 Stat. 4041.)
§ 4168. Public availability of information
Each recipient shall make any housing plan, policy, or annual report prepared by the recipient available to the general public.
(Pub. L. 104–330, title IV, § 408, as added Pub. L. 105–276, title V, § 595(e)(14)(A), Oct. 21, 1998, 112 Stat. 2658.)