Page:United States Statutes at Large Volume 114 Part 5.djvu/951

 PUBLIC LAW 106-569—DEC. 27, 2000 114 STAT. 2965 "(ii) conduct a hearing not later than 60 days after Deadline, 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.", (h) 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 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 shall review the performance of the recipient that is a party to the agreement. "(4) EFFECT OF REVIEW.—I f, 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 medke a good faith effort to meet applicable compliance objectives, the Secretary shall determine the recipient to have failed to comply substantially with this Act, and the recipient shall be subject to an action under subsection (a).", (i) LABOR STANDARDS.— Section 104(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(b)) is amended— (1) in paragraph (1), by striking "Davis-Bacon Act (40 U.S.C. 276a-276a-5)" and inserting "Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)"; and (2) by adding at the end the following new paragraph: "(3) APPLICATION OF TRIBAL LAWS. —Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if such contract or agreement is otherwise covered by one or more laws or regulations adopted

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