section 106. If the Secretary does not notify the public
housing agency as required under this paragraph, the
plan, as amended, shall be considered, for purposes of
this section, to comply with the requirements under
section 106.
(3) STANDARDS FOR DETERMINATION OF NON-
COMPLIANCE.—The Secretary may determine that a
plan, as amended by a proposed amendment, does not
comply with the requirements under section 106 only
if—
(A) the plan, as amended, would be subject
to a determination of noncompliance in accord-
ance with the provisions of subsection (c);
(B) the Secretary determines that—
(i) the proposed amendment is plainly
inconsistent with the activities specified in
the plan; or
(ii) there is evidence that challenges, in
a substantial manner, any information con-
tained in the amendment; or
(C) the Secretary determines that the plan,
as amended, violates the purposes of this Act be-
cause it fails to provide housing that will be via-
ble on a long-term basis at a reasonable cost.
(4) AMENDMENTS
TO
EXTEND
TIME
OF
PER-
FORMANCE.—Notwithstanding any other provision of
this subsection, the Secretary may not determine that
any amendment to the plan of a public housing agen-
cy that extends the time for performance of activities
assisted with amounts provided under this title fails
to comply with the requirements under section 106 if
the Secretary has not provided the amount of assist-
ance set forth in the plan or has not provided the as-
sistance in a timely manner.
SEC. 108. REPORTING REQUIREMENTS.
(a) PERFORMANCE AND EVALUATION REPORT.—Each
public housing agency shall annually submit to the Sec-
retary, on a date determined by the Secretary, a perform-
ance and evaluation report concerning the use of funds
made available under this Act. The report of the public
housing agency shall include an assessment by the agency
of the relationship of such use of funds made available
under this Act, as well as the use of other funds, to the needs
identified in the local housing management plan and to the
purposes of this Act. The public housing agency shall certify
that the report was available for review and comment by
affected tenants prior to its submission to the Secretary.
(b) REVIEW OF PHA’S.—The Secretary shall, at least
on an annual basis, make such reviews as may be necessary
or appropriate to determine whether each public housing
agency receiving assistance under this section—
(1) has carried out its activities under this Act
in a timely manner and in accordance with its local
housing management plan; and
(2) has a continuing capacity to carry out its
local housing management plan in a timely manner.
(c) RECORDS.—Each public housing agency shall col-
lect, maintain, and submit to the Secretary such data and
other program records as the Secretary may require, in such
form and in accordance with such schedule as the Secretary
may establish.
SEC. 109. PET OWNERSHIP.
Pet ownership in housing assisted under this Act that
is federally assisted rental housing (as such term is defined
in section 227 of the Housing and Urban-Rural Recovery
Act of 1983) shall be governed by the provisions of section
227 of such Act.
SEC. 110. ADMINISTRATIVE GRIEVANCE PROCEDURE.
(a) REQUIREMENTS.—Each public housing agency re-
ceiving assistance under this Act shall establish and imple-
ment an administrative grievance procedure under which
residents of public housing will—
(1) be advised of the specific grounds of any pro-
posed adverse public housing agency action;
(2) have an opportunity for a hearing before an
impartial party (including appropriate employees of
the public housing agency) upon timely request with-
in a reasonable period of time;
(3) have an opportunity to examine any docu-
ments or records or regulations related to the pro-
posed action;
(4) be entitled to be represented by another per-
son of their choice at any hearing;
(5) be entitled to ask questions of witnesses and
have others make statements on their behalf; and
(6) be entitled to receive a written decision by
the public housing agency on the proposed action.
(b) EXCLUSION FROM ADMINISTRATIVE PROCEDURE
OF GRIEVANCES CONCERNING EVICTIONS FROM PUBLIC
HOUSING.—A public housing agency shall exclude from its
procedure established under subsection (a) any grievance
concerning an eviction from or termination of tenancy in
public housing in any State which requires that, prior to
eviction, a resident be provided a hearing in court which
the Secretary determines provides the basic elements of due
process.
(c) INAPPLICABILITY
TO
CHOICE-BASED
RENTAL
HOUSING ASSISTANCE.—This section may not be construed
to require any public housing agency to establish or imple-
ment an administrative grievance procedure with respect
to assisted families under title III.
SEC. 111. HEADQUARTERS RESERVE FUND.
(a) ANNUAL RESERVATION OF AMOUNTS.—Notwith-
standing any other provision of law, the Secretary may re-
tain not more than 2 percent of the amounts appropriated
to carry out title II for any fiscal year for use in accordance
with this section.
(b) USE OF AMOUNTS.—Any amounts that are re-
tained under subsection (a) or appropriated for use under
this section shall be available for subsequent allocation to
specific areas and communities, and may only be used for
the Department of Housing and Urban Development and—
(1) for unforeseen housing needs resulting from
natural and other disasters;
(2) for housing needs resulting from emergencies,
as determined by the Secretary, other than such disas-
ters;
(3) for housing needs related to a settlement of
litigation, including settlement of fair housing litiga-
tion; and
(4) for needs related to the Secretary’s actions
under this Act regarding troubled and at-risk public
housing agencies.
Housing needs under this subsection may be met through
the provision of assistance in accordance with title II or
title III, or both.
SEC. 112. LABOR STANDARDS.
(a) IN GENERAL.—Any contract for grants, sale, or
lease pursuant to this Act relating to public housing shall
contain the following provisions:
(1) OPERATION.—A provision requiring that not
less than the wages prevailing in the locality, as de-
termined or adopted (subsequent to a determination
under applicable State or local law) by the Secretary,
shall be paid to all contractors and persons employed
in the operation of the low-income housing develop-
ment involved.
(2) PRODUCTION.—A provision that not less
than the wages prevailing in the locality, as predeter-
mined by the Secretary of Labor pursuant to the
Davis-Bacon Act (40 U.S.C. 276a–276a–5), shall be
paid to all laborers and mechanics employed in the
production of the development involved.
The Secretary shall require certification as to compliance
with the provisions of this section before making any pay-
ment under such contract.
(b) EXCEPTIONS.—Subsection (a) and the provisions
relating to wages (pursuant to subsection (a)) in any con-