§4165. Review and audit by Secretary
(a) Annual review
The Secretary shall, not less than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine-
(1) whether the recipient has carried out its eligible activities in a timely manner, has carried out its eligible activities and certifications in accordance with the requirements and the primary objectives of this chapter and with other applicable laws, and has a continuing capacity to carry out those activities in a timely manner;
(2) whether the recipient has complied with the Indian housing plan of the grant beneficiary; and
(3) whether the performance reports under section 4164 of this title of the recipient are accurate.
Reviews under this section shall include, insofar as practicable, onsite visits by employees of the Department of Housing and Urban Development.
(b) Report by Secretary
The Secretary shall give a recipient not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the recipient, the Secretary may revise the report and shall make the comments of the recipient and the report, with any revisions, readily available to the public not later than 30 days after receipt of the comments of the recipient.
(c) Effect of reviews
The Secretary may make appropriate adjustments in the amount of the annual grants under this chapter 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 on behalf of an Indian tribe.
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Effective Date
Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of