25 U.S.C. § 4240 — Review and audit by Secretary
submitted 26 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 315 words · no verdicts yet
The Secretary must periodically review and audit the Department’s program performance and may adjust future grants. Money already spent on affordable housing cannot be recaptured or deducted from future aid.
(a) Annual review. (1) At least annually, the Secretary* must conduct necessary or appropriate reviews and audits to determine whether—(A) the Director* timely carried out eligible activities, made required certifications consistently with this subchapter’s requirements and primary objectives and other applicable laws, and still has the capacity to carry out eligible activities timely; (B) the Director followed the section 4223 housing plan*; and (C) the Department’s performance reports under section 4240 are accurate. (2) When practicable, each review must include onsite visits by Department* of Housing and Urban Development employees.
(b) Report by Secretary. The Secretary must give the Department of Hawaiian Home Lands* at least 30 days to review and comment on a report. After considering its comments, the Secretary may revise the report and must make the comments and the report, with revisions, readily public within 30 days after receiving the comments.
(c) Effect of reviews. Based on the reviews and audits, the Secretary may appropriately adjust annual grants. The Secretary may adjust, reduce, withdraw grants, or take other appropriate action. But grant money already spent on affordable housing* activities cannot be recaptured or deducted from future assistance to the Department.
The Secretary* shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—
the Director* has—
carried out eligible activities under this subchapter in a timely manner;
carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and
a continuing capacity to carry out the eligible activities in a timely manner;
the Director has complied with the housing plan* submitted by the Director under section 4223 of this title; and
the performance reports of the Department* under section 4240 1 of this title are accurate.
Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.
The Secretary shall give the Department of Hawaiian Home Lands* not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.
The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing* activities may not be recaptured or deducted from future assistance provided to the Department of Hawaiian Home Lands*.
Source credit: (Pub. L. 104–330, title VIII, § 821, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2988.)
- 2000Enacted · Pub. L. 104-330 · 114 Stat. 2894
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 2000-12-27.
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