
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12708]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
              SUBCHAPTER I--GENERAL PROVISIONS AND POLICIES
 
Sec. 12708. Compliance


(a) Performance reports

                           (1) In general

        Each participating jurisdiction shall annually review and 
    report, in a form acceptable to the Secretary, on the progress it 
    has made in carrying out its housing strategy, which report shall 
    include an evaluation of the jurisdiction's progress in meeting its 
    goal established in section 12705(b)(15) \1\ of this title, and 
    information on the number and types of households served, including 
    the number of very low-income, low-income, and moderate-income 
    persons served and the racial and ethnic status of persons served 
    that will be assisted with funds made available.
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    \1\ See References in Text note below.
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                           (2) Submission

        The Secretary shall (A) establish dates for submission of 
    reports under this subsection, and (B) review such reports and make 
    such recommendations as the Secretary deems appropriate to carry out 
    the purposes of this Act.

                        (3) Failure to report

        If a jurisdiction fails to submit a report satisfactory to the 
    Secretary in a timely manner, assistance to the jurisdiction under 
    subchapter II of this chapter or the other programs referred to in 
    section 12706 of this title may be--
            (A) suspended until a report satisfactory to the Secretary 
        is submitted; or
            (B) withdrawn and reallocated if the Secretary finds, after 
        notice and opportunity for a hearing, that the jurisdiction will 
        not submit a satisfactory report.

(b) Performance review by Secretary

                           (1) In general

        The Secretary shall ensure that activities of each jurisdiction 
    required to submit a housing strategy under section 12705 of this 
    title are reviewed not less frequently than annually. Such review 
    shall include, insofar as practicable, on-site visits by employees 
    of the Department of Housing and Urban Development and shall include 
    an assessment of the jurisdiction's--
            (A) management of funds made available under programs 
        administered by the Secretary;
            (B) compliance with its housing strategy;
            (C) accuracy in the preparation of performance reports under 
        subsection (a) of this section; and
            (D) efforts to ensure that housing assisted under programs 
        administered by the Secretary are in compliance with contractual 
        agreements and the requirements of law.

                       (2) Report by Secretary

        The Secretary shall report on the performance review in writing. 
    The Secretary shall give the jurisdiction not less than 30 days to 
    review and comment on the report. After taking into consideration 
    the comments of the jurisdiction, the Secretary may revise the 
    report and shall make the jurisdiction's comments and the report, 
    with any revisions, readily available to the public within 30 days 
    after receipt of the jurisdiction's comments.

(c) Review by courts

    The adequacy of information submitted under section 12705(b)(4) of 
this title shall not be reviewable by any Federal, State, or other 
court. Review of a housing strategy by any Federal, State, or other 
court shall be limited to determining whether the process of development 
and the content of the strategy are in substantial compliance with the 
requirements of this Act. During the pendency of any action challenging 
the adequacy of a housing strategy or the action of the Secretary in 
approving a strategy, the court shall not have the authority to enjoin 
activities taken by the jurisdiction to implement an approved housing 
strategy. Any housing assisted during the pendency of such action shall 
not be subject to any order of the court resulting from such action.

(Pub. L. 101-625, title I, Sec. 108, Nov. 28, 1990, 104 Stat. 4092.)

                       References in Text

    Section 12705(b)(15) of this title, referred to in subsec. (a)(1), 
was redesignated section 12705(b)(16) of this title by Pub. L. 102-550, 
title II, Sec. 220(c)(1), Oct. 28, 1992, 106 Stat. 3762, and was 
subsequently redesignated section 12705(b)(18) of this title by Pub. L. 
105-276, title V, Sec. 583(4)(A), Oct. 21, 1998, 112 Stat. 2644.
    This Act, referred to in subsecs. (a)(2) and (c), is Pub. L. 101-
625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez 
National Affordable Housing Act. For complete classification of this Act 
to the Code, see Short Title note set out under section 12701 of this 
title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 12756 of this title.
