Page:United States Statutes at Large Volume 114 Part 5.djvu/915

 PUBLIC LAW 106-568—DEC. 27, 2000 114 STAT. 2929 (2) by striking "Except as provided" and inserting the following: "(1) IN GENERAL.— Except as provided"; (3) by striking "If the Secretary takes an action under paragraph (1), (2), or (3)" and inserting the following: "(2) CONTINUANCE OF ACTIONS. — If the Secretary takes an action under subparagraph (A), (B), or (C) of paragraph (1)"; and (4) by adding at the end the following: "(3) EXCEPTION FOR CERTAIN ACTIONS.— "(A) IN GENERAL.— Notwithstanding any other provision of this subsection, if the Secretary makes a determination that the failure of a recipient of assistance under this Act to comply substantially with any material provision (as that term is defined by the Secretary) of this Act is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized by law, the Secretary may take an action described in paragraph (1)(C) before conducting a hearing. "(B) PROCEDURAL REQUIREMENT. -— If 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. —Upon completion of a hearing under this paragraph, the Secretary shall make a determination regarding whether to continue taking the action that is the subject of the hearing, or take another action under this subsection.", (i) PERFORMANCE AGREEMENT TIME LIMIT.—Section 401(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(b)) is amended— (1) by striking "If the Secretary" and inserting the following: "(1) IN GENERAL.—If the Secretary"; (2) by striking "(1) is not" and inserting the following: "(A) is not"; (3) by striking "(2) is a result" and inserting the following: "(B) is a result"; (4) in the flush material following paragraph (1)(B), as redesignated by paragraph (3) of this subsection— (A) by realigning such material so as to be indented t 2 ems from the left margin; and (B) by inserting before the period at the end the following: ", 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"; and (5) by adding at the end the following: "(2) PERFORMANCE AGREEMENT. — The period of a performance agreement described in paragraph (1) shall be for 1 year. "(3) REVIEW.— Upon the termination of a performance agreement entered into under paragraph (1), the Secretary

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