H. R. 4194—69
(i) by striking ‘‘County’’ and inserting ‘‘and Rock-
land Counties’’; and
(ii) by inserting ‘‘each’’ before ‘‘such county’’;
(B) in the last sentence—
(i) by striking ‘‘County’’ the 1st place it appears
and inserting ‘‘or Rockland Counties’’; and
(ii) by striking ‘‘County’’ the 2d place it appears
and inserting ‘‘and Rockland Counties’’; and
(C) by adding at the end the following new sentences:
‘‘In determining areas that are designated as difficult
development areas for purposes of the low-income housing
tax credit, the Secretary shall include Westchester and
Rockland Counties, New York, in the New York City metro-
politan area.’’.
(2) APPLICABILITY.—The amendments made by this para-
graph are made on, and shall apply beginning upon, the date
of the enactment of this Act.
(d) AVAILABILITY OF INCOME MATCHING INFORMATION.—
(1) AVAILABILITY.—Section 3 of the United States Housing
Act of 1937 (42 U.S.C. 1437a), as amended by the preceding
provisions of this Act, is further amended by adding at the
end the following new subsection:
‘‘(f ) AVAILABILITY OF INCOME MATCHING INFORMATION.—
‘‘(1) DISCLOSURE TO PHA.—A public housing agency shall
require any family described in paragraph (2) who receives
information regarding income, earnings, wages, or unemploy-
ment compensation from the Department of Housing and Urban
Development pursuant to income verification procedures of the
Department to disclose such information, upon receipt of the
information, to the public housing agency that owns or operates
the public housing dwelling unit in which such family resides
or that provides the housing assistance under this Act on
behalf of such family, as applicable.
‘‘(2) FAMILIES COVERED.—A family described in this para-
graph is a family that resides in a dwelling unit—
‘‘(A) that is a public housing dwelling unit; or
‘‘(B) for which tenant-based assistance is provided
under section 8.’’.
(2) PROTECTION OF APPLICANTS AND PARTICIPANTS.—Section
904 of the Stewart B. McKinney Homeless Assistance Amend-
ments Act of 1988 (42 U.S.C. 3544) is amended—
(A) in subsection (b)—
(i) in paragraph (2), by striking ‘‘and’’ at the end;
(iii) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(ii) by adding at the end the following new para-
graph:
‘‘(4) only in the case of an applicant or participant that
is a member of a family described in section 3(f )(2) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(f )(2)),
sign an agreement under which the applicant or participant
agrees to provide to the appropriate public housing agency
the information required under section 3(f )(1) of such Act for
the sole purpose of the public housing agency verifying income
information pertinent to the applicant’s or participant’s eligi-
bility or level of benefits, and comply with such agreement.’’;
and
H. R. 4194—70
(B) in subsection (c)—
(i) in paragraph (2)(A), in the matter preceding
clause (i)—
(I) by inserting before ‘‘or’’ the first place it
appears the following: ‘‘, pursuant to section 3(d)(1)
of the United States Housing Act of 1937 from
the applicant or participant,’’; and
(II) by inserting ‘‘or 3(d)(1)’’ after ‘‘such section
303(i)’’; and
(ii) in paragraph (3)—
(I) in subparagraph (A), by inserting ‘‘, section
3(d)(1) of the United States Housing Act of 1937,’’
after ‘‘Social Security Act’’;
(II) in subparagraph (A), by inserting ‘‘or
agreement, as applicable,’’ after ‘‘consent’’;
(III) in subparagraph (B), by inserting ‘‘section
3(d)(1) of the United States Housing Act of 1937,’’
after ‘‘Social Security Act,’’; and
(IV) in subparagraph (B), by inserting ‘‘ such
section 3(d)(1),’’ after ‘‘such section 303(i),’’ each
place it appears.
SEC. 509. FAMILY SELF-SUFFICIENCY PROGRAM.
(a) IN GENERAL.—Section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u(b)) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘, subject to the limitations
in paragraph (4); and’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(C) effective on the date of the enactment of the Qual-
ity Housing and Work Responsibility Act of 1998, to the
extent an agency is not required to carry out a program
pursuant to subparagraph (B) of this paragraph and para-
graph (4), may carry out a local Family Self-Sufficiency
program under this section.’’;
(B) in paragraph (3), by striking ‘‘Each’’ and inserting
‘‘Subject to paragraph (4), each’’;
(C) by redesignating paragraph (4) as paragraph (5);
and
(D) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) TERMINATION OF REQUIREMENT TO EXPAND PROGRAM.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, a public housing agency that receives incremen-
tal assistance under subsection (b) or (o) of section 8 or
that makes available new public housing dwelling units
shall not be required, after the enactment of the Quality
Housing and Work Responsibility Act of 1998, to provide
assistance under a local Family Self-Sufficiency program
under this section to any families not required to be
assisted under subparagraph (B) of this paragraph.
‘‘(B) CONTINUATION OF EXISTING OBLIGATIONS.—
H. R. 4194—71
‘‘(i) IN GENERAL.—Each public housing agency that,
before the enactment of the Quality Housing and Work
Responsibility Act of 1998, was required under this
section to carry out a local Family Self-Sufficiency
program shall continue to operate such local program
for the number of families determined under paragraph
(3), subject only to the availability under appropria-
tions Acts of sufficient amounts for housing assistance.
‘‘(ii) REDUCTION.—The number of families for
which an agency is required under clause (i) to operate
such local program shall be decreased by one for each
family that, after enactment of the Quality Housing
and Work Responsibility Act of 1998, fulfills its obliga-
tions under the contract of participation.’’;
(2) in subsection (d), by striking the second paragraph
that is designated as paragraph (3) (relating to use of escrow
savings accounts for section 8 homeownership; as added by
section 185(b) of the Housing and Community Development
Act of 1992 (Public Law 102–550; 106 Stat. 3747)); and
(3) in subsection (f )(1), by inserting ‘‘carrying out a local
program under this section’’ after ‘‘Each public housing agency’’.
(b) APPLICABILITY.—The amendments made by this subsection
are made on, and shall apply beginning upon, the date of the
enactment of this Act.
SEC. 510. PROHIBITION ON USE OF FUNDS.
Section 5 of the United States Housing Act of 1937 (42 U.S.C.
1437c)) is amended by adding at the end the following new sub-
section:
‘‘(l) PROHIBITION ON USE OF FUNDS.—None of the funds made
available to the Department of Housing and Urban Development
to carry out this Act, which are obligated to State or local govern-
ments, public housing agencies, housing finance agencies, or other
public or quasi-public housing agencies, shall be used to indemnify
contractors or subcontractors of the government or agency against
costs associated with judgments of infringement of intellectual prop-
erty rights.’’.
SEC. 511. PUBLIC HOUSING AGENCY PLAN.
(a) IN GENERAL.—Title I of the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) is amended by inserting after
section 5 the following new section:
‘‘SEC. 5A. PUBLIC HOUSING AGENCY PLANS.
‘‘(a) 5-YEAR PLAN.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), not less than
once every 5 fiscal years, each public housing agency shall
submit to the Secretary a plan that includes, with respect
to the 5 fiscal years immediately following the date on which
the plan is submitted—
‘‘(A) a statement of the mission of the public housing
agency for serving the needs of low-income and very low-
income families in the jurisdiction of the public housing
agency during such fiscal years; and
‘‘(B) a statement of the goals and objectives of the
public housing agency that will enable the public housing
agency to serve the needs identified pursuant to subpara-
graph (A) during those fiscal years.
H. R. 4194—72
‘‘(2) INITIAL PLAN.—The initial 5-year plan submitted by
a public housing agency under this subsection shall be submit-
ted for the 5-year period beginning on October 1, 1999, or
the first fiscal year thereafter for which the public housing
agency initially receives assistance under this Act.
‘‘(b) ANNUAL PLAN.—
‘‘(1) IN
GENERAL.—Effective beginning upon October 1,
1999, each public housing agency shall submit to the Secretary
an annual public housing agency plan under this subsection
for each fiscal year for which the public housing agency receives
assistance under section 8(o) or 9.
‘‘(2) UPDATES.—For each fiscal year after the initial submis-
sion of an annual plan under this subsection by a public housing
agency, the public housing agency may comply with require-
ments for submission of a plan under this subsection by submit-
ting an update of the plan for the fiscal year.
‘‘(c) PROCEDURES.—
‘‘(1) IN GENERAL.—The Secretary shall establish require-
ments and procedures for submission and review of plans,
including requirements for timing and form of submission, and
for the contents of such plans.
‘‘(2) CONTENTS.—The procedures established under para-
graph (1) shall provide that a public housing agency shall—
‘‘(A) in developing the plan consult with the resident
advisory board established under subsection (e); and
‘‘(B) ensure that the plan under this section is consist-
ent with the applicable comprehensive housing affordability
strategy (or any consolidated plan incorporating such strat-
egy) for the jurisdiction in which the public housing agency
is located, in accordance with title I of the Cranston-
Gonzalez National Affordable Housing Act, and contains
a certification by the appropriate State or local official
that the plan meets the requirements of this paragraph
and a description of the manner in which the applicable
contents of the public housing agency plan are consistent
with the comprehensive housing affordability strategy.
‘‘(d) CONTENTS.—An annual public housing agency plan under
subsection (b) for a public housing agency shall contain the following
information relating to the upcoming fiscal year for which the
assistance under this Act is to be made available:
‘‘(1) NEEDS.—A statement of the housing needs of low-
income and very low-income families residing in the jurisdiction
served by the public housing agency, and of other low-income
and very low-income families on the waiting list of the agency
(including housing needs of elderly families and disabled fami-
lies), and the means by which the public housing agency
intends, to the maximum extent practicable, to address those
needs.
‘‘(2) FINANCIAL
RESOURCES.—A statement of financial
resources available to the agency and the planned uses of
those resources.
‘‘(3) ELIGIBILITY, SELECTION, AND ADMISSIONS POLICIES.—
A statement of the policies governing eligibility, selection,
admissions (including any preferences), assignment, and occu-
pancy of families with respect to public housing dwelling units
and housing assistance under section 8(o), including—
H. R. 4194—73
‘‘(A) the procedures for maintaining waiting lists for
admissions to public housing projects of the agency, which
may include a system of site-based waiting lists under
section 6(r); and
‘‘(B) the admissions policy under section 16(a)(3)(B)
for deconcentration of lower-income families.
‘‘(4) RENT
DETERMINATION.—A statement of the policies
of the public housing agency governing rents charged for public
housing dwelling units and rental contributions of families
assisted under section 8(o).
‘‘(5) OPERATION
AND
MANAGEMENT.—A statement of the
rules, standards, and policies of the public housing agency
governing maintenance and management of housing owned,
assisted, or operated by the public housing agency (which shall
include measures necessary for the prevention or eradication
of pest infestation, including by cockroaches), and management
of the public housing agency and programs of the public housing
agency.
‘‘(6) GRIEVANCE PROCEDURE.—A statement of the grievance
procedures of the public housing agency.
‘‘(7) CAPITAL IMPROVEMENTS.—With respect to public hous-
ing projects owned, assisted, or operated by the public housing
agency, a plan describing the capital improvements necessary
to ensure long-term physical and social viability of the projects.
‘‘(8) DEMOLITION AND DISPOSITION.—With respect to public
housing projects owned by the public housing agency—
‘‘(A) a description of any housing for which the PHA
will apply for demolition or disposition under section 18;
and
‘‘(B) a timetable for the demolition or disposition.
‘‘(9) DESIGNATION OF HOUSING FOR ELDERLY AND DISABLED
FAMILIES.—With respect to public housing projects owned,
assisted, or operated by the public housing agency, a description
of any projects (or portions thereof) that the public housing
agency has designated or will apply for designation for occu-
pancy by elderly and disabled families in accordance with sec-
tion 7.
‘‘(10) CONVERSION OF PUBLIC HOUSING.—With respect to
public housing owned by a public housing agency—
‘‘(A) a description of any building or buildings that
the public housing agency is required to convert to tenant-
based assistance under section 33 or that the public housing
agency plans to voluntarily convert under section 22;
‘‘(B) an analysis of the projects or buildings required
to be converted under section 33; and
‘‘(C) a statement of the amount of assistance received
under this Act to be used for rental assistance or other
housing assistance in connection with such conversion.
‘‘(11) HOMEOWNERSHIP.—A description of any homeowner-
ship programs of the agency under section 8(y) or for which
the public housing agency has applied or will apply for approval
under section 32.
‘‘(12) COMMUNITY
SERVICE
AND
SELF-SUFFICIENCY.—A
description of—
‘‘(A) any programs relating to services and amenities
provided or offered to assisted families;
H. R. 4194—74
‘‘(B) any policies or programs of the public housing
agency for the enhancement of the economic and social
self-sufficiency of assisted families;
‘‘(C) how the public housing agency will comply with
the requirements of subsections (c) and (d) of section 12
(relating to community service and treatment of income
changes resulting from welfare program requirements).
‘‘(13) SAFETY AND CRIME PREVENTION.—A plan established
by the public housing agency, which shall be subject to the
following requirements:
‘‘(A) SAFETY MEASURES.—The plan shall provide, on
a project-by-project or jurisdiction-wide basis, for measures
to ensure the safety of public housing residents.
‘‘(B) ESTABLISHMENT.—The plan shall be established
in consultation with the police officer or officers in com-
mand for the appropriate precinct or police department.
‘‘(C) CONTENT.—The plan shall describe the need for
measures to ensure the safety of public housing residents
and for crime prevention measures, describe any such
activities conducted or to be conducted by the agency, and
provide for coordination between the agency and the appro-
priate police precincts for carrying out such measures and
activities.
‘‘(D) SECRETARIAL
ACTION.—If the Secretary deter-
mines, at any time, that the security needs of a project
are not being adequately addressed by the plan, or that
the local police precinct is not complying with the plan,
the Secretary may mediate between the public housing
agency and the local precinct to resolve any issues of con-
flict.
‘‘(14) PETS.—The requirements of the agency, pursuant to
section 31, relating to pet ownership in public housing.
‘‘(15) CIVIL RIGHTS CERTIFICATION.—A certification by the
public housing agency that the public housing agency will carry
out the public housing agency plan in conformity with title
VI of the Civil Rights Act of 1964, the Fair Housing Act,
section 504 of the Rehabilitation Act of 1973, and title II
of the Americans with Disabilities Act of 1990, and will affirma-
tively further fair housing.
‘‘(16) ANNUAL AUDIT.—The results of the most recent fiscal
year audit of the public housing agency under section 5(h)(2).
‘‘(17) ASSET MANAGEMENT.—A statement of how the agency
will carry out its asset management functions with respect
to the public housing inventory of the agency, including how
the agency will plan for the long-term operating, capital invest-
ment, rehabilitation, modernization, disposition, and other
needs for such inventory.
‘‘(18) OTHER.—Any other information required by law to
be included in a public housing agency plan.
‘‘(e) RESIDENT ADVISORY BOARD.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
each public housing agency shall establish 1 or more resident
advisory boards in accordance with this subsection, the mem-
bership of which shall adequately reflect and represent the
residents assisted by the public housing agency.
‘‘(2) FUNCTIONS.—Each resident advisory board established
under this subsection by a public housing agency shall assist
H. R. 4194—75
and make recommendations regarding the development of the
public housing agency plan for the agency. The agency shall
consider the recommendations of the resident advisory boards
in preparing the final public housing agency plan, and shall
include, in the public housing agency plan submitted to the
Secretary under this section, a copy of the recommendations
and a description of the manner in which the recommendations
were addressed.
‘‘(3) WAIVER.—The Secretary may waive the requirements
of this subsection with respect to the establishment of resident
advisory boards for a public housing agency if the agency dem-
onstrates to the satisfaction of the Secretary that there exist
resident councils or other resident organizations of the public
housing agency that—
‘‘(A) adequately represent the interests of the residents
of the public housing agency; and
‘‘(B) have the ability to perform the functions described
in paragraph (2).
‘‘(1) IN GENERAL.—In developing a public housing agency
plan under this section, the board of directors or similar govern-
ing body of a public housing agency shall conduct a public
hearing to discuss the public housing agency plan and to invite
public comment regarding that plan. The hearing shall be con-
ducted at a location that is convenient to residents.
‘‘(2) AVAILABILITY OF INFORMATION AND NOTICE.—Not later
than 45 days before the date of a hearing conducted under
paragraph (1), the public housing agency shall—
‘‘(A) make the proposed public housing agency plan
and all information relevant to the hearing and proposed
plan available for inspection by the public at the principal
office of the public housing agency during normal business
hours; and
‘‘(B) publish a notice informing the public that—
‘‘(i) that the information is available as required
under subparagraph (A); and
‘‘(ii) that a public hearing under paragraph (1)
will be conducted.
‘‘(3) ADOPTION
OF
PLAN.—A public housing agency may
adopt a public housing agency plan and submit the plan to
the Secretary in accordance with this section only after—
‘‘(A) conducting a public hearing under paragraph (1);
‘‘(B) considering all public comments received; and
‘‘(C) making any appropriate changes in the public
housing agency plan, in consultation with the resident
advisory board.
‘‘(4) ADVISORY
BOARD
CONSULTATION
ENFORCEMENT.—
Pursuant to a written request made by the resident advisory
board for a public housing agency that documents a failure
on the part of the agency to provide adequate notice and oppor-
tunity for comment under this subsection and a finding by
the Secretary of good cause within the time period provided
for in subsection (i)(4), the Secretary may require the public
housing agency to adequately remedy such failure before final
approval of the public housing agency plan under this section.
‘‘(g) AMENDMENTS AND MODIFICATIONS TO PLANS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
nothing in this section shall preclude a public housing agency,
H. R. 4194—76
after submitting a plan to the Secretary in accordance with
this section, from amending or modifying any policy, rule, regu-
lation, 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 amend-
ment or modification is provided to the Secretary and
approved in accordance with subsection (i).
‘‘(2) CONSISTENCY AND NOTICE.—Each significant amend-
ment 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 require-
ments 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 amend-
ment 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 accord-
ance 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 modi-
fication to the plan to the Secretary, to the extent that the
Secretary considers such action to be necessary to make deter-
minations 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 jurisdic-
tion 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).
H. R. 4194—77
‘‘(3) DISAPPROVAL.—The Secretary may disapprove a public
housing agency plan (or any amendment or modification there-
to) only if Secretary determines that the contents of the plan
(or amendment or modification) do not comply with the require-
ments under subparagraph (A) through (C) of paragraph (1).
‘‘(4) DETERMINATION OF COMPLIANCE.—
‘‘(A) IN GENERAL.—Except as provided in subsection
( j)(2), not later than 75 days after the date on which
a public housing agency plan is submitted in accordance
with this section, the Secretary shall make the determina-
tion under paragraph (1) and provide written notice to
the public housing agency if the plan has been disapproved.
If the Secretary disapproves the plan, the notice shall
state with specificity the reasons for the disapproval.
‘‘(B) FAILURE TO PROVIDE NOTICE OF DISAPPROVAL.—
In the case of a plan disapproved, if the Secretary does
not provide notice of disapproval under subparagraph (A)
before the expiration of the period described in subpara-
graph (A), the Secretary shall be considered, for purposes
of this Act, to have made a determination that the plan
complies with the requirements under this section and
the agency shall be considered to have been notified of
compliance upon the expiration of such period. The preced-
ing sentence shall not preclude judicial 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. 1983).
‘‘(5) PUBLIC AVAILABILITY.—A public housing agency shall
make the approved plan of the agency available to the general
public.
‘‘( j) TROUBLED AND AT-RISK PHAS.—
‘‘(1) IN
GENERAL.—The Secretary may require, for each
public housing agency that is at risk of being designated as
troubled under section 6( j)(2) or is designated as troubled under
section 6( j)(2), that the public housing agency plan for such
agency include such additional information as the Secretary
determines to be appropriate, in accordance with such stand-
ards as the Secretary may establish or in accordance with
such determinations as the Secretary may make on an agency-
by-agency basis.
‘‘(2) TROUBLED
AGENCIES.—The Secretary shall provide
explicit written approval or disapproval, in a timely manner,
for a public housing agency plan submitted by any public hous-
ing agency designated by the Secretary as a troubled public
housing agency under section 6( j)(2).
‘‘(k) STREAMLINED PLAN.—In carrying out this section, the Sec-
retary may establish a streamlined public housing agency plan
for—
‘‘(A) public housing agencies that are determined by
the Secretary to be high performing public housing agen-
cies;
‘‘(B) public housing agencies with less than 250 public
housing units that have not been designated as troubled
under section 6( j)(2); and