Page:United States Statutes at Large Volume 112 Part 3.djvu/707

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PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2537 "(3) DISAPPROVAL.— The Secretary may disapprove a public housing agency plan (or any amendment or modification thereto) only if Secretary determines that the contents of the plan (or amendment or modification) do not comply with the requirements under subparagraph (A) through (C) of paragraph (1). " (4) DETERMINATION OF COMPLIANCE.— "(A) IN GENERAL.— Except as provided in subsection (j)(2), not later than 75 days after the date on which a public housing agency plan is submitted in accordance with this section, the Secretary shall make the determination under paragraph (1) and provide written notice to the public housing agency if the plan has been disapproved. If the Secretary disapproves the plan, the notice shall state with specificity the reasons for the disapproval. " (B) FAILURE TO PROVIDE NOTICE OF DISAPPROVAL. — In the case of a plan disapproved, if the Secretary does not provide notice of disapproval under subparagraph (A) before the expiration of the period described in subparagraph (A), the Secretary shall be considered, for purposes of this Act, to have made a determination that the plan complies with the requirements under this section and the agency shall be considered to have been notified of compliance upon the expiration of such period. The preceding sentence shall not preclude judicial review regarding such compliance pursuant to chapter 7 of title 5, United States Code, or an action regarding such compliance under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). "(5) PUBLIC AVAILABILITY. —A public housing agency shall make the approved plan of the agency available to the general public.

    • ( j) TROUBLED AND AT-RISK PHAS. —

"(1) IN GENERAL.— The Secretary may require, for each public housing agency that is at risk of being designated as troubled under section 6(j)(2) or is designated as troubled under section 6(j)(2), that the public housing agency plan for such agency include such additional information as the Secretary determines to be appropriate, in accordance with such standards as the Secretary may establish or in accordance with such determinations as the Secretary may make on an agency- by-agency basis. "(2) TROUBLED AGENCIES. —The Secretary shall provide explicit written approval or disapproval, in a timely manner, for a public housing agency plan submitted by any public housing agency designated by the Secretary as a troubled public housing agency under section 6(j)(2). "(k) STREAMLINED PLAN. —In carrying out this section, the Secretary may establish a streamlined public housing agency plan for— "(A) public housing agencies that are determined by the Secretary to be high performing public housing agencies; "(B) public housing agencies with less than 250 public housing units that have not been designated as troubled under section 6(j)(2); and