[House Report 109-500]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-500

======================================================================



 
   TO EXEMPT PERSONS WITH DISABILITIES FROM THE PROHIBITION AGAINST 
       PROVIDING SECTION 8 RENTAL ASSISTANCE TO COLLEGE STUDENTS

                                _______
                                

 June 13, 2006.--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. 5117]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 5117) to exempt persons with disabilities from 
the prohibition against providing section 8 rental assistance 
to college students, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Performance Goals and Objectives.................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Federal Mandates Statement.......................................     3
Advisory Committee Statement.....................................     3
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    H.R. 5117, to exempt persons with disabilities from the 
prohibition against providing HUD section 8 rental assistance 
to college students, will allow college students with 
disabilities to receive section 8 rental assistance. Currently, 
only college students who are veterans, married, or who have a 
dependent child are exempted from the general prohibition 
against college students receiving section 8 rental assistance. 
H.R. 5117 will add a new subsection to section 327(a) of Public 
Law 109-115 so that college students with disabilities (as 
defined by the Housing Act of 1937) will also be exempted from 
this prohibition.

                  Background and Need for Legislation

    The section 8 Housing Choice Voucher program is the largest 
federal program designed to provide affordable housing to low-
income families. Administered by the U.S. Department of Housing 
and Urban Development (HUD), the program serves over 2 million 
households and includes both tenant-based and project-based 
subsidies for low-income families to use in the private market 
to lower their rental costs to 30 percent of their incomes. The 
program has grown to replace public housing as the primary tool 
for subsidizing the housing costs of low-income families.
    Through this program, HUD provides subsidies to individuals 
(tenant-based) who seek rental housing from qualified and 
approved owners. HUD also provides subsidies to private 
property owners who set aside some or all of their units for 
low-income families (project-based).
    H.R. 5117 would allow college students with disabilities 
continued access to the HUD section 8 rental assistance program 
by exempting them from the prohibition enacted by P.L. 109-115 
against providing section 8 rental assistance to college 
students. Section 327 of the FY06 Transportation, Treasury, 
Housing and Urban Development, the Judiciary, the District of 
Columbia, and Independent Agencies Appropriations Act (P.L. 
109-115) included language intended to close a loop-hole in the 
section 8 program, which allowed student athletes and other 
non-needy students access to section 8 housing. However, the 
Final Rule issued by HUD, in response to P.L. 109-115, has the 
potential to disqualify from section 8 eligibility severely 
disabled individuals, under the age of 24, who are enrolled in 
an institution of higher education.
    H.R. 5117 adds persons with disabilities to the list of 
exempt individuals under P.L. 109-115, which currently includes 
veterans, married individuals, and those with dependent 
children, so that these students may continue to receive 
section 8 rental assistance. The Final Rule issued by HUD 
prohibits granting section 8 assistance to non-exempt students 
unless both the student and the student's parents are income-
eligible for the section 8 program.

                                Hearings

    No hearings were held on H.R. 5117 by the Committee on 
Financial Services.

                        Committee Consideration

    The Committee on Financial Services met in open session on 
May 24, 2006, and ordered H.R. 5117 reported to the House 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 in conjunction with the consideration 
of this legislation. A motion by Mr. Oxley to report the bill 
to the House with a favorablerecommendation was agreed to by a 
voice vote. No amendments were considered.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held hearings and made 
findings that are reflected in the descriptive portions of 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 H.R. 5117 is to add persons with 
disabilities to the list of exempt individuals under existing 
law, which currently includes veterans, married individuals, 
and those with dependent children, so that these students may 
continue to receive section 8 rental assistance.

   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, when received.

                        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, when 
received. Because of the potential cost of the bill as reported 
by the Committee, the version of the bill considered by the 
House will include an amendment to lower the costs. The 
Committee hopes to receive a revised CBO cost estimate based on 
the amended version of the bill.

                       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. Exemption of persons with disabilities from section 8 rental 
        assistance prohibition

    This section adds persons with disabilities to the list of 
exempt individuals, under P.L. 109-115, who may receive section 
8 rental assistance while college students, despite the general 
prohibition. This section also includes conforming changes.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   SECTION 327 OF PUBLIC LAW 109-115

  Sec. 327. (a) No assistance shall be provided under section 8 
of the United States Housing Act of 1937 (42 U.S.C. 1437f) to 
any individual who--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) does not have a dependent child; [and]
          (6) is not a person with disabilities, as such term 
        is defined in section 3(b)(3)(E) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)); and
          [(6)] (7) is not otherwise individually eligible, or 
        has parents who, individually or jointly, are not 
        eligible, to receive assistance under section 8 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f).

           *       *       *       *       *       *       *


                                  
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