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because of an act of fraud by a member of the fam-
ily under the law or program, the amount required
to be paid by the covered family as a monthly con-
tribution toward rent may not be decreased, during
the period of the reduction, as a result of any de-
crease in the income of the family (to the extent that
the decrease in income is a result of the benefits re-
duction).
(4) NOTICE.—Paragraphs (2) and (3) shall not
apply to any covered family before the public hous-
ing agency providing assistance under this division
on behalf of the family obtains written notification
from the relevant welfare or public assistance agency
specifying that the family’s benefits have been re-
duced because of noncompliance with economic self-
sufficiency program requirements or fraud and the
level of such reduction.
(5) OCCUPANCY RIGHTS.—This subsection may
not be construed to authorize any public housing
agency to establish any time limit on tenancy in a
public housing dwelling unit or on receipt of housing
assistance under title XIII.
(6) REVIEW.—Any covered family residing in
public housing that is affected by the operation of
this subsection shall have the right to review the de-
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termination under this subsection through the ad-
ministrative grievance procedure established pursu-
ant to section 1110 for the public housing agency.
(7) COOPERATION AGREEMENTS FOR ECONOMIC
SELF-SUFFICIENCY ACTIVITIES.—
(A) REQUIREMENT.—A public housing
agency providing public housing dwelling units
or housing assistance under title XIII for cov-
ered families shall make its best efforts to enter
into such cooperation agreements, with State,
local, and other agencies providing assistance to
covered families under welfare or public assist-
ance programs, as may be necessary, to provide
for such agencies to transfer information to fa-
cilitate administration of subsection (a) and
paragraphs (2), (3), and (4) of this subsection,
and other information regarding rents, income,
and assistance that may assist a public housing
agency or welfare or public assistance agency in
carrying out its functions.
(B) CONTENTS.—A public housing agency
shall seek to include in a cooperation agreement
under this paragraph requirements and provi-
sions designed to target assistance under wel-
fare and public assistance programs to families
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residing in public housing developments and re-
ceiving choice-based assistance under title XIII,
which may include providing for self-sufficiency
services within such housing, providing for serv-
ices designed to meet the unique employment-
related needs of residents of such housing and
recipients of such assistance, providing for
placement of workfare positions on-site in such
housing, and such other elements as may be ap-
propriate.
(C) CONFIDENTIALITY.—This paragraph
may not be construed to authorize any release
of information that is prohibited by, or in con-
travention of, any other provision of Federal,
State, or local law.
(d) COMMUNITY WORK AND FAMILY SELF-SUFFI-
CIENCY AGREEMENTS.—
(1) IN
GENERAL.—A public housing agency
shall enter into a community work and family self-
sufficiency agreement under this subsection with
each adult member and head of household of each
family who is to reside in a dwelling unit in public
housing of the agency and each family on behalf of
whom the agency will provide housing assistance
under title XIII. Under the agreement the family
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shall agree that, as a condition of occupancy of the
public housing dwelling unit or of receiving such
housing assistance, the family will comply with the
terms of the agreement.
(2) TERMS.—An agreement under this sub-
section shall include the following:
(A) Terms designed to encourage and fa-
cilitate the economic self-sufficiency of the as-
sisted family entering into the agreement and
the graduation of the family from assisted
housing to unassisted housing.
(B) Notice of the requirements under sub-
section (a) (relating to community work) and
the conditions imposed by, and exemptions
from, such requirement.
(C) The target date agreed upon by the
family pursuant to subsection (b) for gradua-
tion from, termination of tenancy in, or termi-
nation of receipt of public housing or housing
assistance under title XIII.
(D) Terms providing for any resources,
services, and assistance relating to self-suffi-
ciency that will be made available to the family,
including any assistance to be made available
pursuant to subsection (c)(7)(B) under a co-
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operation agreement entered into under sub-
section (c)(7).
(E) Notice of the provisions of paragraphs
(2) through (7) of subsection (c) (relating to ef-
fect of changes in income on rent and assisted
families rights under such circumstances).
(e) LEASE PROVISIONS.—A public housing agency
shall incorporate into leases under section 1226, and into
any agreements for the provision of choice-based assist-
ance under title XIII on behalf of a family—
(1) a provision requiring compliance with the
requirement under subsection (a); and
(2) provisions incorporating the conditions
under subsection (c).
(f) TREATMENT OF INCOME.—Notwithstanding any
other provision of this section, in determining the income
or tenancy of a family who resides in public housing or
receives housing assistance under title XIII, a public hous-
ing agency shall consider any decrease in the income of
a family that results from the reduction of any welfare
or public assistance benefits received by the family under
any Federal, State, or local law regarding a program for
such assistance if the family (or a member thereof, as ap-
plicable) has complied with the conditions for receiving
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such assistance and is unable to obtain employment not-
withstanding such compliance.
(g) DEFINITION.—For purposes of this section, the
term ‘‘economic self-sufficiency program’’ means any pro-
gram designed to encourage, assist, train, or facilitate the
economic independence of participants and their families
or to provide work for participants, including programs
for job training, employment counseling, work placement,
basic skills training, education, workfare, financial or
household management, apprenticeship, or other activities
as the Secretary may provide.
SEC. 1106. LOCAL HOUSING MANAGEMENT PLANS.
(a) 5-YEAR PLAN.—The Secretary shall provide for
each public housing agency to submit to the Secretary,
once every 5 years, a plan under this subsection for the
agency covering a period consisting of 5 fiscal years. Each
such plan shall contain, with respect to the 5-year period
covered by the plan, the following information:
(1) STATEMENT OF MISSION.—A statement of
the mission of the agency for serving the needs of
low-income families in the jurisdiction of the agency
during such period.
(2) GOALS AND OBJECTIVES.—A statement of
the goals and objectives of the agency that will en-
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able the agency to serve the needs identified pursu-
ant to paragraph (1) during such period.
(3) CAPITAL IMPROVEMENT OVERVIEW.—If the
agency will provide capital improvements for public
housing developments during such period, an over-
view of such improvements, the rationale for such
improvements, and an analysis of how such improve-
ments will enable the agency to meet its goals, objec-
tives, and mission.
The first 5-year plan under this subsection for a public
housing agency shall be submitted for the 5-year period
beginning with the first fiscal year for which the agency
receives assistance under this division.
(b) ANNUAL PLAN.—The Secretary shall provide for
each public housing agency to submit to the Secretary a
local housing management plan under this section for each
fiscal year that contains the information required under
subsection (d). For each fiscal year after the initial sub-
mission of a plan under this section by a public housing
agency, the agency may comply with requirements for sub-
mission of a plan under this subsection by submitting an
update of the plan for the fiscal year.
(c) PROCEDURES.—The Secretary shall establish re-
quirements and procedures for submission and review of
plans, including requirements for timing and form of sub-
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mission, and for the contents of such plans. Such proce-
dures shall provide that a public housing agency—
(1) shall, in conjunction with the relevant State
or unit of general local government, establish proce-
dures to ensure that the plan under this section is
consistent with the applicable comprehensive housing
affordability strategy (or any consolidated plan in-
corporating such strategy) for the jurisdiction in
which the public housing agency is located, in ac-
cordance with title I of the Cranston-Gonzalez Na-
tional Affordable Housing Act; and
(2) may, at the option of the agency, submit a
plan under this section together with, or as part of,
the comprehensive housing affordability strategy (or
any consolidated plan incorporating such strategy)
for the relevant jurisdiction, and for concomitant re-
view of such plans submitted together.
(d) CONTENTS.—An annual local housing manage-
ment plan under this section for a public housing agency
shall contain the following information relating to the up-
coming fiscal year for which the assistance under this divi-
sion is to be made available:
(1) NEEDS.—A statement of the housing needs
of low-income and very low-income families residing
in the community served by the agency, and of other
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low-income families on the waiting list of the agency
(including the housing needs of elderly families and
disabled families), and the means by which the agen-
cy intends, to the maximum extent practicable, to
address such needs.
(2) FINANCIAL RESOURCES.—A statement of fi-
nancial resources available for the agency the
planned uses of such resources that includes—
(A) a description of the financial resources
available to the agency;
(B) the uses to which such resources will
be committed, including all proposed eligible
and required activities under section 1203 and
housing assistance to be provided under title
XIII;
(C) an estimate of the costs of operation
and the market rental value of each public
housing development; and
(D) a specific description, based on popu-
lation and demographic data, of the unmet af-
fordable housing needs of families in the com-
munity served by the agency having incomes
not exceeding 30 percent of the area median in-
come and a statement of how the agency will
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expend grant amounts received under this divi-
sion to meet the housing needs of such families.
(3) POPULATION SERVED.—A statement of the
policies of the agency governing eligibility, admis-
sions, and occupancy of families with respect to pub-
lic housing dwelling units and housing assistance
under title XIII, including—
(A) the requirements for eligibility for such
units and assistance and the method and proce-
dures by which eligibility and income will be de-
termined and verified;
(B) the requirements for selection and ad-
missions of eligible families for such units and
assistance, including any preferences and proce-
dures established by the agency and any out-
reach efforts;
(C) the procedures for assignment of fami-
lies admitted to dwelling units owned, leased,
managed, operated, or assisted by the agency;
(D) any standards and requirements for
occupancy of public housing dwelling units and
units assisted under title XIII, including resi-
dent screening policies, standard lease provi-
sions, conditions for continued occupancy, ter-
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mination of tenancy, eviction, and conditions
for termination of housing assistance;
(E) the procedures for maintaining waiting
lists for admissions to public housing develop-
ments of the agency, which may include a sys-
tem of site-based waiting lists under section
1224(c);
(F) the criteria for providing and denying
housing assistance under title XIII to families
moving into the jurisdiction of the agency;
(G) the procedures for coordination with
entities providing assistance to homeless fami-
lies in the jurisdiction of the agency; and
(H) the fair housing policy of the agency.
(4) RENT
DETERMINATION.—A statement of
the policies of the agency governing rents charged
for public housing dwelling units and rental con-
tributions of assisted families under title XIII and
the system used by the agency to ensure that such
rents comply with the requirements of this division.
(5) OPERATION AND MANAGEMENT.—A state-
ment of the rules, standards, and policies of the pub-
lic housing agency governing maintenance and man-
agement of housing owned and operated by the
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agency, and management of the public housing agen-
cy and programs of the agency, including—
(A) a description of the manner in which
the agency is organized (including any consortia
or joint ventures) and staffed to perform the
duties and functions of the public housing agen-
cy and to administer the operating fund dis-
tributions of the agency;
(B) policies relating to the rental of dwell-
ing units, including policies designed to reduce
vacancies;
(C) housing quality standards in effect
pursuant to sections 1232 and 1328 and any
certifications required under such sections;
(D) emergency and disaster plans for pub-
lic housing;
(E) priorities and improvements for man-
agement of public housing, including initiatives
to control costs; and
(F) policies of the agency requiring the
loss or termination of housing assistance and
tenancy under sections 1641 and 1642 (relating
to occupancy standards for federally assisted
housing).
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(6) GRIEVANCE PROCEDURE.—A statement of
the grievance procedures of the agency under section
1110.
(7) CAPITAL IMPROVEMENTS.—With respect to
public housing developments owned or operated by
the agency, a plan describing the capital improve-
ments necessary to ensure long-term physical and
social viability of the developments.
(8) DEMOLITION AND DISPOSITION.—With re-
spect to public housing developments owned or oper-
ated by the agency—
(A) a description of any such housing to be
demolished or disposed of under subtitle E of
title XII; and
(B) a timetable for such demolition or dis-
position.
(9) DESIGNATION OF HOUSING FOR ELDERLY
AND DISABLED FAMILIES.—With respect to public
housing developments owned or operated by the
agency, a description of any developments (or por-
tions thereof) that the agency has designated or will
designate for occupancy by elderly and disabled fam-
ilies in accordance with section 1227 and any infor-
mation required under section 1227(d) for such des-
ignated developments.
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(10) CONVERSION OF PUBLIC HOUSING.—With
respect to public housing owned or operated by the
agency, a description of any building or buildings
that the agency is required, under section 1203(b),
to convert to housing assistance under title XIII or
that the agency voluntarily converts, an analysis of
such buildings required under such section for con-
version, and a statement of the amount of grant
amounts under title XII to be used for rental assist-
ance or other housing assistance.
(11) HOMEOWNERSHIP ACTIVITIES.—A descrip-
tion of—
(A) any homeownership programs of the
agency under subtitle D of title XII or section
1329 for the agency;
(B) the requirements and assistance avail-
able under the programs described pursuant to
subparagraph (A); and
(C) the annual goals of the agency for ad-
ditional availability of homeownership units.
(12) ECONOMIC
SELF-SUFFICIENCY
AND
CO-
ORDINATION
WITH
WELFARE
AND
OTHER
APPRO-
PRIATE AGENCIES.—A description of—
(A) policies relating to services and amen-
ities provided or offered to assisted families, in-
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cluding the provision of service coordinators
and services designed for certain populations
(such as the elderly and disabled);
(B) how the agency will coordinate with
State, local, and other agencies providing assist-
ance to families participating in welfare or pub-
lic assistance programs;
(C) how the agency will implement and ad-
minister section 1105; and
(D) any policies, programs, plans, and ac-
tivities of the agency for the enhancement of
the economic and social self-sufficiency of resi-
dents assisted by the programs of the agency,
including rent structures to encourage self-suf-
ficiency.
(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 development-by-development basis,
for measures to ensure the safety of public
housing residents.
(B) ESTABLISHMENT.—The plan shall be
established, with respect to each development,
in consultation with the police officer or officers
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in command for the precinct in which the devel-
opment is located.
(C) CONTENT.—The plan shall describe
the need for measures to ensure the safety of
public housing residents and for crime preven-
tion measures, describe any such activities con-
ducted, or to be conducted, by the agency, and
provide for coordination between the public
housing agency and the appropriate police pre-
cincts for carrying out such measures and ac-
tivities.
(D) SECRETARIAL
ACTION.—If the Sec-
retary determines, at any time, that the secu-
rity needs of a development are not being ade-
quately 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 conflict. If after such mediation
has occurred and the Secretary determines that
the security needs of the development are not
adequately addressed, the Secretary may re-
quire the public housing agency to submit an
amended plan.
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(14) ANNUAL AUDIT.—The results of the most
recent fiscal year audit of the agency required under
section 1541(b).
(15) TROUBLED AGENCIES.—Such other addi-
tional information as the Secretary may determine
to be appropriate for each public housing agency
that is designated—
(A) under section 1533(c) as at risk of be-
coming troubled; or
(B) under section 1533(a) as troubled.
(16) ASSET
MANAGEMENT.—A statement of
how the agency will carry out its asset management
functions with respect to the public housing inven-
tory of the agency, including how the agency will
plan for the long-term operating, capital investment,
rehabilitation, modernization, disposition, and other
needs for such inventory.
(e) CITIZEN PARTICIPATION.—
(1) PUBLICATION OF NOTICE.—Not later than
45 days before the date of a hearing conducted
under paragraph (2) by the governing body of a
public housing agency, the agency shall—
(A) publish a notice informing the public
that the proposed local housing management
plan or amendment is available for inspection at
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the principal office of the public housing agency
during normal business hours and make the
plan 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 1107(f) to a plan, a public housing
agency shall, at a location that is convenient to resi-
dents, conduct a public hearing, as provided in the
notice published under paragraph (1), regarding the
public housing plan or the amendment of the agen-
cy.
(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
submission 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
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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
similar governing body) of the public housing
agency for review and approval under sub-
section (f);
(C) submit the plan to the Secretary in ac-
cordance with this section; and
(D) make the submitted plan or amend-
ment publicly available.
(f) LOCAL REVIEW.—The public housing agency shall
submit a plan under this subsection to any local elected
official 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
submitted 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
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responsible under this subsection do not act within 45
days of submission of the plan, the plan shall be consid-
ered approved. If the local official or officials responsible
under this subsection 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 objec-
tions, If the local official or officials again reject the plan,
the resubmitted plan, together with the local official’s ob-
jections, shall be submitted 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 establish requirements for such submission and in-
formation applicable to agencies that only administer
housing assistance under title XIII (and do not own or
operate public housing). Such requirements shall waive
any requirements under this section that the Secretary de-
termines are burdensome or unnecessary for such agen-
cies.
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(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 1106, the Secretary shall specify in the no-
tice under subsection (a) the reasons for the noncompli-
ance and any modifications necessary for the plan to meet
the requirements under section 1106.
(c) STANDARDS
FOR DETERMINATION
OF NON-
COMPLIANCE.—The Secretary may determine that a plan
does not comply with the requirements under section 1106
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 division because it fails to provide housing
that will be viable on a long-term basis at a reason-
able 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;
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(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 division.
The Secretary shall determine that a plan does not comply
with the requirements under section 1106 if the plan does
not include the information required under section
1106(d)(2)(D).
(d) TREATMENT
OF EXISTING PLANS.—Notwith-
standing any other provision of this title, a public housing
agency shall be considered to have submitted a plan under
this section if the agency has submitted to the Secretary
a comprehensive plan under section 14(e) of the United
States Housing Act of 1937 (as in effect immediately be-
fore the effective date of the repeal under section 1601(b)
of this Act) or under the comprehensive improvement as-
sistance program under such section 14, and the Secretary
has approved such plan, before January 1, 1997. The Sec-
retary shall provide specific procedures and requirements
for such authorities to amend such plans by submitting
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only such additional information as is necessary to comply
with the requirements of section 1106.
(e) ACTIONS TO CHANGE PLAN.—A public housing
agency that has submitted a plan under section 1106 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—
(1) in the case of costly or nonroutine changes,
the agency submits to the Secretary an amendment
to the plan under subsection (f) which is reviewed in
accordance with such subsection; or
(2) in the case of inexpensive or routine
changes, the agency describes such changes in such
local housing management plan for the next fiscal
year.
(f) AMENDMENTS TO PLAN.—
(1) IN GENERAL.—During the annual or 5-year
period covered by the plan for a public housing
agency, the agency may submit to the Secretary any
amendments to the plan.
(2) REVIEW.—The Secretary shall conduct a
limited review of each proposed amendment submit-
ted under this subsection to determine whether the
plan, as amended by the amendment, complies with
the requirements of section 1106 and notify each
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public housing agency submitting the amendment
whether the plan, as amended, complies with such
requirements not later than 30 days after receiving
the amendment. If the Secretary determines that a
plan, as amended, does not comply with the require-
ments under section 1106, such notice shall indicate
the reasons for the noncompliance and any modifica-
tions necessary for the plan to meet the require-
ments under section 1106. If the Secretary does not
notify the public housing agency as required under
this paragraph, the plan, as amended, shall be con-
sidered, for purposes of this section, to comply with
the requirements under section 1106.
(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
1106 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
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(ii) there is evidence that challenges,
in a substantial manner, any information
contained in the amendment; or
(C) the Secretary determines that the plan,
as amended, violates the purposes of this divi-
sion because it fails to provide housing that will
be viable 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
agency that extends the time for performance of ac-
tivities assisted with amounts provided under this
title fails to comply with the requirements under sec-
tion 1106 if the Secretary has not provided the
amount of assistance set forth in the plan or has not
provided the assistance in a timely manner.
SEC. 1108. REPORTING REQUIREMENTS.
(a) PERFORMANCE
AND EVALUATION REPORT.—
Each public housing agency shall annually submit to the
Secretary, on a date determined by the Secretary, a per-
formance and evaluation report concerning the use of
funds made available under this division. The report of
the public housing agency shall include an assessment by