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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices
CDFI Fund with any requested documentation, within the CDFI Funds deadlines.

In addition, the CDFI Fund reserves the right, in its sole discretion, to terminate and rescind the Assistance
Agreement and the award made under this NOFA pending the criteria described in the following table:

TABLE 18REQUIREMENTS PRIOR TO EXECUTING AN ASSISTANCE AGREEMENT
Requirement
Criteria
Failure to meet reporting requirements.

If a Recipient received a prior award under any CDFI Fund program and is not in compliance with the reporting requirements of the previously executed agreements, the CDFI Fund may delay entering into an Assistance Agreement or disbursing an award until such reporting requirements are met. If the Recipient is unable to meet the requirements within the timeframe specified by the CDFI Fund, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
The automated systems the CDFI Fund uses only acknowledge a reports receipt and are not a determination of meeting reporting requirements.
An FA Recipient must be a Certified CDFI.
If an FA Recipient fails to maintain CDFI certification, the CDFI Fund will terminate and rescind the Assistance Agreement and the award made under this NOFA.
If a TA Recipient is a Certified CDFI at the time of award announcement, it must maintain CDFI certification.
If a Certified CDFI TA Recipient fails to maintain CDFI certification, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
The CDFI Fund will delay entering into an Assistance Agreement with a Recipient that has pending noncompliance issues with any of its previously executed CDFI award agreements, if the CDFI Fund has not yet made a final compliance determination.
If the Recipient is unable to satisfactorily resolve the compliance issues, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
If, at any time prior to entering into an Assistance Agreement, the CDFI Fund determines that a Recipient is noncompliant or found in default with any previously executed award agreements, and the CDFI Fund has provided written notification that the Recipient is ineligible to apply for or receive any future awards or allocations for a time period specified by the CDFI Fund in writing, the CDFI Fund may delay entering into an Assistance Agreement until the Recipient has cured the noncompliance by taking actions the CDFI Fund has specified within such specified timeframe. If the Recipient is unable to cure the noncompliance within the specified timeframe, the CDFI Fund may terminate and rescind the Assistance Agreement and the award made under this NOFA.
If prior to entering into an Assistance Agreement under this NOFA, the Recipient receives a final determination, made within the last three years, in any proceeding instituted against the Recipient in, by, or before any court, governmental, or administrative body or agency, declaring that the Recipient has violated the following laws:
Title VI of the Civil Rights Act of 1964, as amended 42 U.S.C. 2000d; Section 504 of the Rehabilitation Act of 1973 29 U.S.C. 794; the Age Discrimination Act of 1975, 42 U.S.C. 61016107, and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, the CDFI Fund will terminate and rescind the Assistance Agreement and the award made under this NOFA.
The Do Not Pay Business Center was developed to support Federal agencies in their efforts to reduce the number of improper payments made through programs funded by the Federal government.
The CDFI Fund reserves the right, in its sole discretion, to rescind an award if the Recipient or Affiliate of a Recipient determined to be ineligible based on data in the Do Not Pay database.
If it is determined the Recipient is, or will be, incapable of meeting its award obligations, the CDFI Fund will deem the Recipient to be ineligible, or require it to improve its safety and soundness prior to entering into an Assistance Agreement.

Failure to maintain CDFI certification.

Pending resolution of noncompliance.

Noncompliance or default status.

Compliance with Federal civil rights requirements.

Do Not Pay

Safety and soundness

C. Reporting:
1. Reporting requirements: On an annual basis during the Period of
Performance, the CDFI Fund may collect information from each Recipient including, but not limited to, an Annual
Report with the following components Annual Reporting Requirements:

TABLE 19ANNUAL REPORTING REQUIREMENTS
Financial Statement Audit Report Non-profit Recipient including Insured Credit Unions and State-Insured Credit Unions.

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Financial Statement Audit Report For-Profit Recipient.
Financial Statement Audit Report Depository Institution Holding Company and Insured Depository Institution.

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A Non-profit Recipient including Insured Credit Unions and State-Insured Credit Unions must submit a Financial Statement Audit FSA Report in AMIS, along with the Recipients statement of financial condition audited or reviewed by an independent certified public accountant, if any are prepared.
Under no circumstances should this be construed as the CDFI Fund requiring the Recipient to conduct or arrange for additional audits not otherwise required under Uniform Requirements or otherwise prepared at the request of the Recipient or parties other than the CDFI Fund.
For-profit Recipients must submit an FSA Report in AMIS, along with the Recipients statement of financial condition audited or reviewed by an independent certified public accountant.
If the Recipient is a Depository Institution Holding Company or an Insured Depository Institution, it must submit a FSA Report in AMIS.

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