--- kind: "section" citation: "42 U.S.C. § 12708" title: "42" title_heading: "The Public Health and Welfare" number: "12708" heading: "Compliance" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/12708" units: - "Chapter 130 — National Affordable Housing" - "Subchapter I — General Provisions and Policies" --- # §12708. Compliance - (a) **Performance reports—** - (1) **In general—** Each [participating jurisdiction](/usc/42/12704.md?p=4) shall annually review and report, in a form acceptable to the [Secretary](/usc/42/12704.md?p=16), on the progress it has made in carrying out its [housing](/usc/42/12704.md?p=8) strategy, which report shall include an evaluation of the [jurisdiction](/usc/42/12704.md?p=3)’s progress in meeting its goal established in [section 12705(b)(18) of this title](/usc/42/12705.md?p=b-18), 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](/usc/42/12704.md?p=16) shall (A) establish dates for submission of reports under this subsection, and (B) review such reports and make such recommendations as the [Secretary](/usc/42/12704.md?p=16) deems appropriate to carry out the purposes of this Act. - (3) **Failure to report—** If a [jurisdiction](/usc/42/12704.md?p=3) fails to submit a report satisfactory to the [Secretary](/usc/42/12704.md?p=16) in a timely manner, assistance to the [jurisdiction](/usc/42/12704.md?p=3) under subchapter II of this chapter or the other programs referred to in [section 12706 of this title](/usc/42/12706.md) may be— - (A) suspended until a report satisfactory to the [Secretary](/usc/42/12704.md?p=16) is submitted; or - (B) withdrawn and reallocated if the [Secretary](/usc/42/12704.md?p=16) finds, after notice and opportunity for a hearing, that the [jurisdiction](/usc/42/12704.md?p=3) will not submit a satisfactory report. - (b) **Performance review by Secretary—** - (1) **In general—** The [Secretary](/usc/42/12704.md?p=16) shall ensure that activities of each [jurisdiction](/usc/42/12704.md?p=3) required to submit a [housing](/usc/42/12704.md?p=8) strategy under [section 12705 of this title](/usc/42/12705.md) are reviewed not less frequently than annually. Such review shall include, insofar as practicable, on-site visits by employees of the Department of [Housing](/usc/42/12704.md?p=8) and Urban Development and shall include an assessment of the [jurisdiction](/usc/42/12704.md?p=3)’s— - (A) management of funds made available under programs administered by the [Secretary](/usc/42/12704.md?p=16); - (B) compliance with its [housing](/usc/42/12704.md?p=8) strategy; - (C) accuracy in the preparation of performance reports under [subsection (a)](#a); and - (D) efforts to ensure that [housing](/usc/42/12704.md?p=8) assisted under programs administered by the [Secretary](/usc/42/12704.md?p=16) are in compliance with contractual agreements and the requirements of law. - (2) **Report by Secretary—** The [Secretary](/usc/42/12704.md?p=16) shall report on the performance review in writing. The [Secretary](/usc/42/12704.md?p=16) shall give the [jurisdiction](/usc/42/12704.md?p=3) not less than 30 days to review and comment on the report. After taking into consideration the comments of the [jurisdiction](/usc/42/12704.md?p=3), the [Secretary](/usc/42/12704.md?p=16) may revise the report and shall make the [jurisdiction](/usc/42/12704.md?p=3)’s comments and the report, with any revisions, readily available to the public within 30 days after receipt of the [jurisdiction](/usc/42/12704.md?p=3)’s comments. - (c) **Review by courts—** The adequacy of information submitted under [section 12705(b)(4) of this title](/usc/42/12705.md?p=b-4) shall not be reviewable by any Federal, [State](/usc/42/12704.md?p=2), or other court. Review of a [housing](/usc/42/12704.md?p=8) strategy by any Federal, [State](/usc/42/12704.md?p=2), 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](/usc/42/12704.md?p=8) strategy or the action of the [Secretary](/usc/42/12704.md?p=16) in approving a strategy, the court shall not have the authority to enjoin activities taken by the [jurisdiction](/usc/42/12704.md?p=3) to implement an approved [housing](/usc/42/12704.md?p=8) strategy. Any [housing](/usc/42/12704.md?p=8) assisted during the pendency of such action shall not be subject to any order of the court resulting from such action. ## Source credit (Pub. L. 101–625, title I, § 108, Nov. 28, 1990, 104 Stat. 4092; Pub. L. 119–101, title V, § 501(v)(6), July 11, 2026, 140 Stat. 917.) ## Notes ### Editorial Notes ### References in Text 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. ### Amendments 2026—Subsec. (a)(1). Pub. L. 119–101 substituted “section 12705(b)(18)” for “section 12705(b)(15)”.