42 U.S.C. § 6866 — Monitoring and evaluation of funded

Page 6912 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6866 quirement established in paragraph (1) if the State in- cludes in its plan’’, was executed by making the substi- tution for ‘‘approve a State’s application to waive the 40-percent requirement established in paragraph (1) if the State includes in its plan’’, to reflect the probable intent of Congress. Pub. L. 106–469, § 601(b)(2)(A), struck out ‘‘(A)’’ before ‘‘The Secretary shall approve’’. Subsec. (c)(1). Pub. L. 106–469, § 601(b)(3)(A), (B), in in- troductory provisions, substituted ‘‘paragraph (3)’’ for ‘‘paragraphs (3) and (4)’’ and ‘‘$2,500’’ for ‘‘$1,600’’. Subsec. (c)(1)(E). Pub. L. 106–469, § 601(b)(3)(C)–(E), added subpar. (E). Subsec. (c)(3). Pub. L. 106–469, § 601(b)(4), in introduc- tory provisions, substituted ‘‘2000, the $2,500 per dwell- ing unit average’’ for ‘‘1991, the $1,600 per dwelling unit limitation’’ and ‘‘average amount’’ for ‘‘limitation amount’’, in subpar. (A), substituted ‘‘average’’ for ‘‘limitation’’, and, in subpar. (B), inserted ‘‘the’’ after ‘‘beginning of’’. Subsec. (c)(4). Pub. L. 106–469, § 601(b)(5), struck out par. (4), which required the Secretary, upon State ap- plication, to establish a separate average per dwelling unit limitation for dwelling units in the State. 1990—Subsec. (a). Pub. L. 101–440, § 7(d), substituted ‘‘(1) Except as provided in paragraph (2), an average’’ for ‘‘An average’’, inserted before period at end ‘‘, and a State may provide in the plan adopted pursuant to subsection (b) for recipients of grants of less than $350,000 to use up to an additional 5 percent of such grant for administration if the State has determined that such recipient requires such additional amount to implement effectively the administrative requirements established by the Secretary pursuant to this part’’, and added par. (2). Subsec. (c)(1). Pub. L. 101–440, § 7(e)(1), substituted ‘‘Except as provided in paragraphs (3) and (4), the ex- penditure’’ for ‘‘The expenditure’’. Subsec. (c)(3), (4). Pub. L. 101–440, § 7(e)(2), added pars. (3) and (4). Subsec. (d). Pub. L. 101–440, § 7(i), added subsec. (d). Pub. L. 101–440, § 7(f), struck out subsec. (d) which es- tablished a performance fund to provide financial as- sistance to those States the Secretary determined to have demonstrated the best performance during the previous fiscal year in providing weatherization assist- ance. Subsec. (e). Pub. L. 101–440, § 7(i), added subsec. (e). 1984—Subsec. (a). Pub. L. 98–558, § 403(1), substituted provisions that an average of at least forty percent of the funds provided shall be spent for weatherization for former provisions which directed the Secretary to use funds to the maximum extent practicable. Subsec. (c). Pub. L. 98–558, § 403(2), in amending sub- sec. (c) generally, substituted provisions that expendi- tures shall not exceed an average of $1,600 per dwelling unit for former provisions which provided for an $800 per dwelling unit limit in par. (1), struck out ‘‘(not to exceed $150)’’ after ‘‘the cost’’ in par. (1)(D), substituted provisions that dwelling units partially weatherized be- tween certain dates could receive further financial as- sistance under this part for former provisions that $800 limit would not apply if the State policy advisory coun- cil requested greater amounts from the Secretary and the Secretary gave approval in par. (2), and deleted former par. (3) which provided that in areas where the Secretary, after consultation with the Secretary of Labor, determined that there was an insufficient num- ber of volunteers and training participants and public service employment workers, assisted pursuant to the Comprehensive Employment and Training Act of 1973, available to work on weatherization projects under the supervision of qualified supervisors and foremen, the Secretary could increase the limitation of $800 to not more than $1,600 to cover the costs of paying persons who would install the weatherization materials and, to the maximum extent practicable, who would otherwise be able to participate as training participants and pub- lic service employment workers pursuant to the Com- prehensive Employment and Training Act of 1973. Subsec. (d). Pub. L. 98–558, § 404, added subsec. (d). 1980—Subsec. (a). Pub. L. 96–294, §§ 571, 577(2), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ and provi- sions limiting amounts used for administrative pur- poses in any grant made by the Secretary under this part for provisions limiting amounts used for adminis- trative purposes in any grant made pursuant to section 6863(a) of this title and any allocations under this sec- tion. Subsec. (b). Pub. L. 96–294, §§ 573(a), 577(2), substituted in provision preceding par. (1) ‘‘Secretary’’ for ‘‘Admin- istrator’’, redesignated former par. (2)(C) as (B), and struck out former par. (2)(B), which related to funds al- located for carrying out weatherization projects under this part in the geographical area served by the emer- gency program. Subsec. (c)(1). Pub. L. 96–294, §§ 572(1), 575, inserted in provision preceding subpar. (A) reference to par. (3) and in subpar. (D) substituted ‘‘$150’’ for ‘‘$100’’. Subsec. (c)(2). Pub. L. 96–294, § 577(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (c)(3). Pub. L. 96–294, § 572(2), added par. (3). 1978—Subsec. (a). Pub. L. 95–619, § 231(c)(1), authorized expenditure of allocations under this part for costs re- lated to weatherization of a dwelling unit as provided in subsec. (c) of this section and substituted an admin- istrative expenses limitation of five percent of any al- location under this section for a similar limitation of ten percent of any such allocation. Subsec. (c). Pub. L. 95–619, § 231(c)(2), included expend- iture of financial assistance provided under this section for costs related to procurement and installation of weatherization materials in dwelling units in the max- imum amount available per dwelling unit and increased such maximum amount to $800 per unit. Statutory Notes and Related Subsidiaries PERFORMANCE FUND; RESTRICTION ON USE Pub. L. 99–190, § 101(d) [title II, § 201], Dec. 19, 1985, 99 Stat. 1224, 1253, provided: ‘‘That section 404 of Public Law 98–558 [enacting subsec. (d) of this section] shall not be effective in any fiscal year in which the amount made available for low income weatherization assist- ance from appropriations under this head is less than 5 per centum above the amount made available in fiscal year 1985.’’ § 6866. Monitoring and evaluation of funded projects; technical assistance; limitation on assistance The Secretary, in coordination with the Direc- tor, shall monitor and evaluate the operation of projects receiving financial assistance under this part through methods provided for in sec- tion 6867(a) of this title, through onsite inspec- tions, or through other means, in order to assure the effective provision of weatherization assist- ance for the dwelling units of low-income per- sons. The Secretary shall also carry out periodic evaluations of the program authorized by this part and projects receiving financial assistance under this part. The Secretary may provide technical assistance to any such project, di- rectly and through persons and entities with a demonstrated capacity in developing and imple- menting appropriate technology for enhancing the effectiveness of the provision of weatheriza- tion assistance to the dwelling units of low-in- come persons, utilizing in any fiscal year not to exceed up to 20 percent of the sums appropriated for such year under this part. (Pub. L. 94–385, title IV, § 416, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760; Pub. L. 111–5, div. A, title IV, § 407(d), Feb. 17, 2009, 123 Stat. 146.) Page 6913 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6869 Editorial Notes AMENDMENTS 2009—Pub. L. 111–5 substituted ‘‘up to 20 percent’’ for ‘‘10 percent’’. 1980—Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. § 6867. Administration of projects receiving fi- nancial assistance (a) Reporting requirements The Secretary, in consultation with the Direc- tor, by general or special orders, may require any recipient of financial assistance under this part to provide, in such form as he may pre- scribe, such reports or answers in writing to spe- cific questions, surveys, or questionnaires as may be necessary to enable the Secretary and the Director to carry out their functions under this part. (b) Maintenance of records Each person responsible for the administra- tion of a weatherization assistance project re- ceiving financial assistance under this part shall keep such records as the Secretary may pre- scribe in order to assure an effective financial audit and performance evaluation of such project. (c) Audit and examination of books, etc. The Secretary, the Director (with respect to community action agencies), and the Comp- troller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, information, and records of any project receiving financial as- sistance under this part that are pertinent to the financial assistance received under this part. (d) Method of payments Payments under this part may be made in in- stallments and in advance, or by way of reim- bursement, with necessary adjustments on ac- count of overpayments or underpayments. (Pub. L. 94–385, title IV, § 417, Aug. 14, 1976, 90 Stat. 1156; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.) Editorial Notes AMENDMENTS 1980—Subsecs. (a) to (c). Pub. L. 96–294 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. § 6868. Approval of application or amendment for financial assistance; administrative proce- dures applicable (a) The Secretary shall not finally disapprove any application submitted under this part, or any amendment thereto, without first affording the State (or unit of general purpose local gov- ernment or community action agency under sec- tion 6863(c) of this title, as appropriate) in ques- tion, as well as other interested parties, reason- able notice and an opportunity for a public hear- ing. The Secretary may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within a particular State. Whenever the Secretary, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations pro- mulgated under this part, he shall notify the agency or institution involved and other inter- ested parties that such State (or unit of general purpose local government or agency, as appro- priate) will no longer be eligible to participate in the program under this part until the Sec- retary is satisfied that there is no longer any such failure to comply. (b) Reasonable notice under this section shall include a written notice of intention to act ad- versely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action. (Pub. L. 94–385, title IV, § 418, Aug. 14, 1976, 90 Stat. 1157; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.) Editorial Notes AMENDMENTS 1980—Subsec. (a). Pub. L. 96–294 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. § 6869. Judicial review of final action by Sec- retary on application (a) Time for appeal; jurisdiction; filing of admin- istrative record by Secretary If any applicant is dissatisfied with the Sec- retary’s final action with respect to the applica- tion submitted by it under section 6864 of this title or with a final action under section 6868 of this title, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for re- view of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the pro- ceedings on which he based his action, as pro- vided in section 2112 of title 28. (b) Conclusiveness of findings of Secretary; re- mand; modified findings by Secretary; certifi- cation of record The findings of fact by the Secretary, if sup- ported by substantial evidence, shall be conclu- sive. The court may, for good cause shown, re- mand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. The Secretary shall certify to the court the record of any such fur- ther proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) Power of court to affirm or set aside action of Secretary; appeal to Supreme Court The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certifi- cation, as provided in section 1254 of title 28.