---
kind: "section"
citation: "25 U.S.C. § 4238"
title: "25"
title_heading: "Indians"
number: "4238"
heading: "Monitoring of compliance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4238"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter VIII — Housing Assistance for Native Hawaiians"
---

# §4238. Monitoring of compliance

- (a) **Enforceable agreements—**
  - (1) **In general—** The [Director](/usc/25/4221.md?p=2), through binding contractual agreements with owners or other authorized entities, shall ensure long-term compliance with the provisions of this subchapter.
  - (2) **Measures—** The measures referred to in [paragraph (1)](#a-1) shall provide for—
    - (A) to the extent allowable by Federal and [State](/usc/25/4103.md?p=21) law, the enforcement of the provisions of this subchapter by the [Department](/usc/25/4221.md?p=1) and the [Secretary](/usc/25/4103.md?p=20); and
    - (B) remedies for breach of the provisions referred to in [paragraph (1)](#a-1).
- (b) **Periodic monitoring—**
  - (1) **In general—** Not less frequently than annually, the [Director](/usc/25/4221.md?p=2) shall review the activities conducted and housing assisted under this subchapter to assess compliance with the requirements of this subchapter.
  - (2) **Review—** Each review under [paragraph (1)](#b-1) shall include onsite inspection of housing to determine compliance with applicable requirements.
  - (3) **Results—** The results of each review under [paragraph (1)](#b-1) shall be—
    - (A) included in a performance report of the [Director](/usc/25/4221.md?p=2) submitted to the [Secretary](/usc/25/4103.md?p=20) under [section 4239 of this title](/usc/25/4239.md); and
    - (B) made available to the public.
- (c) **Performance measures—** The [Secretary](/usc/25/4103.md?p=20) shall establish such performance measures as may be necessary to assess compliance with the requirements of this subchapter.

## Source credit

(Pub. L. 104–330, title VIII, § 819, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2987.)

## Notes

### Editorial Notes

### Codification

Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 819 of Pub. L. 104–330. This section is based on the text of section 819 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.