[House Report 109-342]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-342
======================================================================
SMALL PUBLIC HOUSING AUTHORITY ACT
_______
December 13, 2005.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oxley, from the Committee on Financial Services, submitted the
following
R E P O R T
[To accompany H.R. 3422]
The Committee on Financial Services, to whom was referred the
bill (H.R. 3422) to amend the United States Housing Act of 1937
to exempt small public housing agencies from the requirement of
preparing an annual public housing agency plan, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Performance Goals and Objectives................................. 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Committee Cost Estimate.......................................... 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Public Housing Authority Act''.
SEC. 2. PUBLIC HOUSING AGENCY PLANS FOR CERTAIN SMALL PUBLIC HOUSING
AGENCIES.
(a) In General.--Section 5A(b) of the United States Housing Act of
1937 (42 U.S.C. 1437c-1(b)) is amended by adding at the end the
following new paragraph:
``(3) Exemption of certain small phas from filing
requirement.--
``(A) In general.--Notwithstanding paragraph (1) or
any other provision of this Act--
``(i) the requirement under paragraph (1)
shall not apply to any qualified small public
housing agency; and
``(ii) except as provided in subsection
(e)(4)(B), any reference in this section or any
other provision of law to a `public housing
agency' shall not be considered to refer to any
qualified small public housing agency, to the
extent such reference applies to the
requirement to submit an annual public housing
agency plan under this subsection.
``(B) Civil rights certification.--Notwithstanding
that qualified small public housing agencies are exempt
pursuant to subparagraph (A) from the requirement under
this section to prepare and submit an annual public
housing plan, each qualified small public housing
agency shall, on an annual basis, make the
certification described in paragraph (15) of subsection
(d) of this section, except that for purposes of such
small public housing agencies, such paragraph shall be
applied by substituting `the public housing program of
the agency' for `the public housing agency plan'.
``(C) Definition.--For purposes of this section, the
term `qualified small public housing agency' means a
public housing agency that meets all of the following
requirements:
``(i) The sum of (I) the number of public
housing dwelling units administered by the
agency, and (II) the number of vouchers under
section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) administered by
the agency, is 250 or fewer.
``(ii) The agency is not designated pursuant
to section 6(j)(2) as a troubled public housing
agency.''.
(b) Resident Participation.--Section 5A of the United States Housing
Act of 1937 (42 U.S.C. 1437c-1) is amended--
(1) in subsection (e), by inserting after paragraph (3) the
following:
``(4) Qualified small public housing agencies.--
``(A) In general.--Except as provided in subparagraph
(B), nothing in this section may be construed to exempt
a qualified small public housing agency from the
requirement under paragraph (1) to establish one or
more resident advisory boards. Notwithstanding that
qualified small public housing agencies are exempt
pursuant to subsection (b)(3)(A) from the requirement
under this section to prepare and submit an annual
public housing plan, each qualified small public
housing agency shall consult with, and consider the
recommendations of the resident advisory boards for the
agency, in any determinations and actions of the agency
regarding establishing goals, objectives, and policies
of the agency.
``(B) Applicability of waiver authority.--Paragraph
(3) shall apply to qualified small public housing
agencies, except that for purposes of such small public
housing agencies, subparagraph (B) of such paragraph
shall be applied by substituting `the functions
described in the second sentence of paragraph (4)(A)'
for `the functions described in paragraph (2)'.
``(f) Public Hearings.--''; and
(2) in subsection (f) (as so designated by the amendment made
by paragraph (1) of this subsection), by adding at the end the
following new paragraph:
``(5) Qualified small public housing agencies.--
``(A) Requirement.--Notwithstanding that qualified
small public housing agencies are exempt pursuant to
subsection (b)(3)(A) from the requirement under this
section to conduct a public hearing regarding the
annual public housing plan of the agency, each
qualified small public housing agency shall, not less
than annually, conduct a public hearing to discuss the
goals, objectives, and policies of the agency, and any
changes to such goals, objectives, and policies, and to
invite public comment regarding such issues.
``(B) Availability of information and notice.--Not
later than 45 days before the date of such a hearing,
the qualified small public housing agency shall--
``(i) make all information relevant to the
hearing and any determinations of the agency
regarding the goals, objectives, and policies
of the agency to be considered at the hearing
available for inspection by the public at the
principal office of the public housing agency
during normal business hours; and
``(ii) publish a notice informing the public
that (I) the information is available as
required under clause (i), and (II) a public
hearing under subparagraph (A) will be
conducted.''.
Purpose and Summary
The purpose of H.R. 3422 is to provide some regulatory
burden relief to small public housing authorities (PHAs). H.R.
3422 would exempt small PHAs from being required to submit an
annual plan to the Department of Housing and Urban Development
(HUD.) For purposes of this legislation, a small PHA is defined
as when the sum of both the number of housing units and the
number of Section 8 vouchers is 250 or fewer.
Background and Need for Legislation
The Quality Housing and Work Responsibility Act of 1998
requires PHAs to submit both a five-year plan and an annual
plan to HUD. The five-year PHA plan addresses the agency's
mission and their plan to achieve their mission. The annual
plan requires PHAs to provide details about any updates or
changes to the five-year plan.
Specifically, the annual plan, among other things, has
typically asked for the following information: housing needs of
the families in the jurisdiction; strategies to meet these
needs; statement of financial resources; and PHA policies
governing eligibility, selection, and admissions. HUD has made
the effort to streamline this annual planning for small PHAs
and for high-performing PHAs through rulemaking. However, an
example of a streamlined plan was 47 pages with extensive
attachments.
The exemption of smaller PHAs from filing plans will not
affect the ability of tenant organizations to continue to have
input with the managers of their developments. Language
incorporated into the legislation ensures tenant participation
and requires smaller PHAs to provide advance planning required
under the five-year plans. In addition, the Committee included
language that would still require a small PHA to provide annual
certification that it is conforming to the applicable Fair
Housing and Civil Rights laws.
This legislation is needed to ease one of the burdens that
are placed on small PHAs, which many times only have a part-
time executive director. Some of these directors do not have
the time, staff or resources to complete these annual plans by
themselves. Some small PHAs often have no choice but to hire
consultants since they do not have the computer software
package to help complete these annual plans. These consultants
are an expensive cost for small PHAs that already are facing
numerous fiscal challenges.
Hearings
No hearings were held on this legislation.
Committee Consideration
The Committee on Financial Services met in open session on
November 16, 2005 and ordered reported to the House H.R. 3422,
the ``Small Public Housing Authority Act'' by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. No
record votes were taken with in conjunction with the
consideration of this legislation. An amendment offered by Mr.
Oxley addressing small public housing agencies establishing
resident advisory boards and requiring small housing agencies
to certify compliance with the civil rights laws, as is
required under current law, was agreed to by voice vote. A
motion by Mr. Oxley to report the bill to the House with a
favorable recommendation was agreed to by a voice vote.
Commitee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held hearings and
made findings that are reflected in this report.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The objective of this legislation is to reduce the
administrative workload of small PHAs. The goal of H.R. 3422 is
to give executive directors of small PHAs more time to focus on
the needs of their tenants.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 29, 2005.
Hon. Michael G. Oxley,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3422, the Small
Public Housing Authority Act.
If you wish further details on this estimate, we will be
pleased to provided them. The CBO staff contact is Chad
Chirico.
Sincerely,
Donald B. Marron
(For Douglas Holtz-Eakin, Director).
Enclosure.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional Authority of Congress to enact this legislation
is provided by Article 1, section 8, clause 1 (relating to the
general welfare of the United States) and clause 3 (relating to
the power to regulate interstate commerce).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section establishes the short title of the bill, the
``Small Public Housing Authority Act.''
Section 2. Public Housing Agency plans for small public housing
agencies
This section amends Section 5A of the United States Housing
Act of 1937 by exempting small PHAs from being required to
submit an annual plan to HUD. This section defines a small PHA
as when the sum of both the number of housing units and the
number of Section 8 vouchers is 250 or fewer.
Under this section, small PHAs who are exempt from the
annual planning requirement would still have to complete a
five-year plan. Furthermore, a small PHA, which is designated
as a troubled housing agency by HUD, would still be required to
submit an annual plan.
In addition, this section would still require a small PHA
to provide annual certification that it is conforming to the
applicable Fair Housing and Civil Rights laws.
This section would also require that tenants of small PHAs,
which are exempt from the annual planning requirement, must
continue to have an adequate and comparable opportunity for
participation and notice regarding the establishing of goals,
objectives, and policies of the PHA. Each small PHA shall
continue to conduct an annual public hearing to discuss its
goals, objectives and policies and shall invite public comments
regarding these issues.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 5A OF THE UNITED STATES HOUSING ACT OF 1937
SEC. 5A. PUBLIC HOUSING AGENCY PLANS.
(a) * * *
(b) Annual Plan.--
(1) * * *
* * * * * * *
(3) Exemption of certain small phas from filing
requirement.--
(A) In general.--Notwithstanding paragraph
(1) or any other provision of this Act--
(i) the requirement under paragraph
(1) shall not apply to any qualified
small public housing agency; and
(ii) except as provided in subsection
(e)(4)(B), any reference in this
section or any other provision of law
to a ``public housing agency'' shall
not be considered to refer to any
qualified small public housing agency,
to the extent such reference applies to
the requirement to submit an annual
public housing agency plan under this
subsection.
(B) Civil rights certification.--
Notwithstanding that qualified small public
housing agencies are exempt pursuant to
subparagraph (A) from the requirement under
this section to prepare and submit an annual
public housing plan, each qualified small
public housing agency shall, on an annual
basis, make the certification described in
paragraph (15) of subsection (d) of this
section, except that for purposes of such small
public housing agencies, such paragraph shall
be applied by substituting ``the public housing
program of the agency'' for ``the public
housing agency plan''.
(C) Definition.--For purposes of this
section, the term ``qualified small public
housing agency'' means a public housing agency
that meets all of the following requirements:
(i) The sum of (I) the number of
public housing dwelling units
administered by the agency, and (II)
the number of vouchers under section
8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o))
administered by the agency, is 250 or
fewer.
(ii) The agency is not designated
pursuant to section 6(j)(2) as a
troubled public housing agency.
* * * * * * *
(e) Resident Advisory Board.--
(1) * * *
* * * * * * *
(4) Qualified small public housing agencies.--
(A) In general.--Except as provided in
subparagraph (B), nothing in this section may
be construed to exempt a qualified small public
housing agency from the requirement under
paragraph (1) to establish one or more resident
advisory boards. Notwithstanding that qualified
small public housing agencies are exempt
pursuant to subsection (b)(3)(A) from the
requirement under this section to prepare and
submit an annual public housing plan, each
qualified small public housing agency shall
consult with, and consider the recommendations
of the resident advisory boards for the agency,
in any determinations and actions of the agency
regarding establishing goals, objectives, and
policies of the agency.
(B) Applicability of waiver authority.--
Paragraph (3) shall apply to qualified small
public housing agencies, except that for
purposes of such small public housing agencies,
subparagraph (B) of such paragraph shall be
applied by substituting ``the functions
described in the second sentence of paragraph
(4)(A)'' for ``the functions described in
paragraph (2)''.
(f) Public Hearings.--
(1) * * *
* * * * * * *
(5) Qualified small public housing agencies.--
(A) Requirement.--Notwithstanding that
qualified small public housing agencies are
exempt pursuant to subsection (b)(3)(A) from
the requirement under this section to conduct a
public hearing regarding the annual public
housing plan of the agency, each qualified
small public housing agency shall, not less
than annually, conduct a public hearing to
discuss the goals, objectives, and policies of
the agency, and any changes to such goals,
objectives, and policies, and to invite public
comment regarding such issues.
(B) Availability of information and notice.--
Not later than 45 days before the date of such
a hearing, the qualified small public housing
agency shall--
(i) make all information relevant to
the hearing and any determinations of
the agency regarding the goals,
objectives, and policies of the agency
to be considered at the hearing
available for inspection by the public
at the principal office of the public
housing agency during normal business
hours; and
(ii) publish a notice informing the
public that (I) the information is
available as required under clause (i),
and (II) a public hearing under
subparagraph (A) will be conducted.
* * * * * * *