Page:United States Statutes at Large Volume 104 Part 5.djvu/770

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104 STAT. 4092 PUBLIC LAW 101-625—NOV. 28, 1990 strategy, amendment, or report shall be made available to the public. (d) REGULATIONS.—The Secretary shall by regulation establish procedures appropriate and practicable for providing a fair hearing and timely resolution of citizen complaints related to housing strategies or performance reports. 42 USC 12708. SEC. 108. 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 105(b)(15) of this Act, 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. (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 title II of this Act or the other programs referred to in section 106 may be— (A) suspended until a report satisfactory to the Secretary is submitted; or (B) withdrawn and reallocated if the Secretary finds, after notice and opportunity for a hearing, that the jurisdiction will not submit a satisfactory report.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 105 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); 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 THE 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 105(b)(4) shall not be reviewable by any Federal, State,