or amendment so available for inspection during
such period; and
(B) publish a notice informing the public
that a public hearing will be conducted to dis-
cuss the local housing management plan and to
invite public comment regarding that plan.
(2) PUBLIC HEARING.—Before submitting a plan
under this section or a significant amendment under
section 107(f) to a plan, a public housing agency
shall, at a location that is convenient to residents,
conduct a public hearing, as provided in the notice
published under paragraph (1), regarding the public
housing plan or the amendment of the agency.
(3) CONSIDERATION
OF
COMMENTS.—A public
housing agency shall consider any comments or views
made available pursuant to paragraphs (1) and (2)
in preparing a final plan or amendment for submis-
sion to the Secretary. A summary of such comments
or views shall be attached to the plan, amendment, or
report submitted.
(4) ADOPTION OF PLAN.—After conducting the
public hearing under paragraph (2) and considering
public comments in accordance with paragraph (3),
the public housing agency shall make any appro-
priate changes to the local housing management plan
or amendment and shall—
(A) adopt the local housing management
plan;
(B) submit the plan to any local elected of-
ficial or officials responsible for appointing the
members of the board of directors (or other simi-
lar governing body) of the public housing agency
for review and approval under subsection (f);
(C) submit the plan to the Secretary in ac-
cordance with this section; and
(D) make the submitted plan or amendment
publicly available.
(f) LOCAL REVIEW.—The public housing agency shall
submit a plan under this subsection to any local elected offi-
cial or officials responsible for appointing the members of
the board of directors (or other similar governing body) of
the public housing agency for review and approval for a
45-day period beginning on the date that the plan is sub-
mitted to such local official or officials (which period may
run concurrently with any period under subsection (e) for
public comment). If the local official or officials responsible
under this subsection do not act within 45 days of submis-
sion of the plan, the plan shall be considered approved. If
the local official or officials responsible under this sub-
section reject the public housing agency’s plan, they shall
return the plan with their recommended changes to the
agency within 5 days of their disapproval. The agency shall
resubmit an updated plan to the local official or officials
within 30 days of receiving the objections, If the local offi-
cial or officials again reject the plan, the resubmitted plan,
together with the local official’s objections, shall be submit-
ted to the Secretary for approval.
(g) PLANS FOR SMALL PHA’S AND PHA’S ADMIN-
ISTERING ONLY RENTAL ASSISTANCE.—The Secretary shall
establish requirements for submission of plans under this
section and the information to be included in such plans
applicable to public housing agencies that own or operate
less than 250 public housing dwelling units and shall estab-
lish requirements for such submission and information ap-
plicable to agencies that only administer housing assistance
under title III (and do not own or operate public housing).
Such requirements shall waive any requirements under this
section that the Secretary determines are burdensome or un-
necessary for such agencies.
SEC. 107. REVIEW OF PLANS.
(a) REVIEW AND NOTICE.—
(1) REVIEW.—The Secretary shall conduct a lim-
ited review of each local housing management plan
submitted to the Secretary to ensure that the plan is
complete and complies with the requirements of sec-
tion 106. The Secretary shall have the discretion to
review a plan to the extent that the Secretary consid-
ers review is necessary.
(2) NOTICE.—The Secretary shall notify each
public housing agency submitting a plan whether the
plan complies with such requirements not later than
75 days after receiving the plan. If the Secretary does
not notify the public housing agency, as required
under this subsection and subsection (b), the Sec-
retary shall be considered, for purposes of this Act, to
have made a determination that the plan complies
with the requirements under section 106 and the
agency shall be considered to have been notified of
compliance upon the expiration of such 75-day pe-
riod. The preceding sentence shall not preclude judi-
cial 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.
1883).
(b) NOTICE OF REASONS FOR DETERMINATION OF
NONCOMPLIANCE.—If the Secretary determines that a plan,
as submitted, does not comply with the requirements under
section 106, the Secretary shall specify in the notice under
subsection (a) the reasons for the noncompliance and any
modifications necessary for the plan to meet the require-
ments under section 106.
(c) STANDARDS FOR DETERMINATION OF NONCOMPLI-
ANCE.—The Secretary may determine that a plan does not
comply with the requirements under section 106 only if—
(1) the plan is incomplete in significant matters
required under such section;
(2) there is evidence available to the Secretary
that challenges, in a substantial manner, any infor-
mation provided in the plan;
(3) the Secretary determines that the plan does
not comply with Federal law or violates the purposes
of this Act because it fails to provide housing that
will be viable on a long-term basis at a reasonable
cost;
(4) the plan plainly fails to adequately identify
the needs of low-income families for housing assist-
ance in the jurisdiction of the agency;
(5) the plan plainly fails to adequately identify
the capital improvement needs for public housing de-
velopments in the jurisdiction of the agency;
(6) the activities identified in the plan are
plainly inappropriate to address the needs identified
in the plan; or
(7) the plan is inconsistent with the require-
ments of this Act.
The Secretary shall determine that a plan does not comply
with the requirements under section 106 if the plan does
not include the information required under section
106(d)(2)(D).
(d) TREATMENT OF EXISTING PLANS.—Notwithstand-
ing any other provision of this title, a public housing agen-
cy shall be considered to have submitted a plan under this
section if the agency has submitted to the Secretary a com-
prehensive plan under section 14(e) of the United States
Housing Act of 1937 (as in effect immediately before the
effective date of the repeal under section 601(b) of this Act)
or under the comprehensive improvement assistance pro-
gram under such section 14, and the Secretary has ap-
proved such plan, before January 1, 1997. The Secretary
shall provide specific procedures and requirements for such
authorities to amend such plans by submitting only such
additional information as is necessary to comply with the
requirements of section 106.
(e) ACTIONS TO CHANGE PLAN.—A public housing
agency that has submitted a plan under section 106 may
change actions or policies described in the plan before sub-
mission and review of the plan of the agency for the next
fiscal year only if—