Page:United States Statutes at Large Volume 112 Part 3.djvu/708

 112 STAT. 2538 PUBLIC LAW 105-276—OCT. 21, 1998 Deadline. 42 USC 14370-1 note. Deadline. Publication. 42 USC 14370-1 note. "(C) public housing agencies that only administer tenant-based assistance and that do not own or operate public housing. "(1) COMPLIANCE WITH PLAN. — "(1) IN GENERAL.—In providing assistance under this title, a public housing agency shall comply with the rules, standards, and policies established in the public housing agency plan of the public housing agency approved under this section. " (2) INVESTIGATION AND ENFORCEMENT.—In carrying out this title, the Secretary shall— "(A) provide an appropriate response to any complaint concerning noncompliance by a public housing agency with the applicable public housing agency plan; and "(B) if the Secretary determines, based on a finding of the Secretary or other information available to the Secretary, that a public housing agency is not complying with the applicable public housing agency plan, take such actions as the Secretary determines to be appropriate to ensure such compliance.". (b) IMPLEMENTATION. — (1) INTERIM RULE.— Not later than 120 days after the date of the enactment of this Act, the Secretary shall issue an interim rule to require the submission of an interim public housing agency plan by each public housing agency, as required by section 5A of the United States Housing Act of 1937 (as added by subsection (a) of this section). The interim rule shall provide for a public comment period of not less than 60 days. (2) FINAL REGULATIONS. —Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue final regulations implementing section 5A of the United States Housing Act of 1937 (as added by subsection (a) of this section). (3) FACTORS FOR CONSIDERATION. —Before the publication of the final regulations under paragraph (2), in addition to public comments invited in connection with the publication of the interim rule, the Secretary shall— (A) seek recommendations on the implementation of section 5A of the United States Housing Act of 1937 (as added by this subsection (a) of this section) from organizations representing— (i) State or local public housing agencies; (ii) residents, including resident management corporations; and (iii) other appropriate parties; and (B) convene not less than 2 public forums at which the persons or organizations making recommendations under subparagraph (A) may express views concerning the proposed disposition of the recommendations. The Secretary shall publish in the final rule a summary of the recommendations made and public comments received and the Department of Housing and Urban Development's response to such recommendations and comments. (c) AUDIT AND REVIEW; REPORT. — (1) AUDIT AND REVIEW.— Not later than 1 year after the effective date of final regulations issued under subsection (b)(2), in order to determine the degree of compliance, by public housing agencies, with public housing agency plans approved under section 5A of the United States Housing Act of 1937 (as added

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