Page:United States Statutes at Large Volume 112 Part 3.djvu/706

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112 STAT. 2536 PUBLIC LAW 105-276—OCT. 21, 1998 after submitting a plan to the Secretary in accordance with this section, from amending or modifying any policy, rule, regulation, or plan of the public housing agency, except that a significant amendment or modification may not— "(A) be adopted, other than at a duly called meeting of board of directors (or similar governing body) of the public housing agency that is open to the public; and "(B) be implemented, until notification of the amendment or modification is provided to the Secretary and approved in accordance with subsection (i). "(2) CONSISTENCY AND NOTICE. — Each significant amendment or modification to a public housing agency plan submitted to the Secretary under this section shall— "(A) meet the requirements under subsection (c)(2) (relating to consultation with resident advisory board and consistency with comprehensive housing affordability strategies); and "(B) be subject to the notice and public hearing requirements of subsection (f). "(h) SUBMISSION OF PLANS. — "(1) INITIAL SUBMISSION. —Each public housing agency shall submit the initial plan required by this section, and any amendment or modification to the initial plan, to the Secretary at such time and in such form as the Secretary shall require. "(2) ANNUAL SUBMISSION. —Not later than 75 days before the start of the fiscal year of the public housing agency, after submission of the initial plan required by this section in accordance with subparagraph (A), each public housing agency shall annually submit to the Secretary a plan update, including any amendments or modifications to the public housing agency plan. " (i) REVIEW AND DETERMINATION OF COMPLIANCE.— "(1) REVIEW.—Subject to paragraph (2), after submission of the public housing agency plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this paragraph, the Secretary shall review the public housing agency plan (including any amendments or modifications thereto) and determine whether the contents of the plan— "(A) set forth the information required by this section and this Act to be contained in a public housing agency plan; "(B) are consistent with information and data available to the Secretary, including the approved comprehensive housing affordability strategy under title I of the Cranston- Gonzalez National Affordable Housing Act for the jurisdiction in which the public housing agency is located; and "(C) are not prohibited by or inconsistent with any provision of this title or other applicable law. "(2) ELEMENTS EXEMPTED FROM REVIEW. —The Secretary may, by regulation, provide that one or more elements of a public housing agency plan shall be reviewed only if the element is challenged, except that the Secretary shall review the information submitted in each plan pursuant to paragraphs (3)(B), (8), and (15) of subsection (d).