H. R. 4194—61
(4) the Federal method of overseeing every aspect of public
housing by detailed and complex statutes and regulations has
aggravated the problem and has placed excessive administra-
tive burdens on public housing agencies; and
(5) the interests of low-income persons, and the public
interest, will best be served by a reformed public housing
program that—
(A) consolidates many public housing programs into
programs for the operation and capital needs of public
housing;
(B) streamlines program requirements;
(C) vests in public housing agencies that perform well
the maximum feasible authority, discretion, and control
with appropriate accountability to public housing residents,
localities, and the general public; and
(D) rewards employment and economic self-sufficiency
of public housing residents.
(b) PURPOSES.—The purpose of this title is to promote homes
that are affordable to low-income families in safe and healthy
environments, and thereby contribute to the supply of affordable
housing, by—
(1) deregulating and decontrolling public housing agencies,
thereby enabling them to perform as property and asset man-
agers;
(2) providing for more flexible use of Federal assistance
to public housing agencies, allowing the authorities to leverage
and combine assistance amounts with amounts obtained from
other sources;
(3) facilitating mixed income communities and decreasing
concentrations of poverty in public housing;
(4) increasing accountability and rewarding effective
management of public housing agencies;
(5) creating incentives and economic opportunities for resi-
dents of dwelling units assisted by public housing agencies
to work, become self-sufficient, and transition out of public
housing and federally assisted dwelling units;
(6) consolidating the voucher and certificate programs for
rental assistance under section 8 of the United States Housing
Act of 1937 into a single market-driven program that will
assist in making tenant-based rental assistance under such
section more successful at helping low-income families obtain
affordable housing and will increase housing choice for low-
income families; and
(7) remedying the problems of troubled public housing agen-
cies and replacing or revitalizing severely distressed public
housing projects.
SEC. 503. EFFECTIVE DATE AND REGULATIONS.
(a) IN GENERAL.—The amendments under this title are made
on the date of the enactment of this Act, but this title shall take
effect, and the amendments made by this title shall apply beginning
upon, October 1, 1999, except—
(1) as otherwise specifically provided in this title; or
(2) as otherwise specifically provided in any amendment
made by this title.
The Secretary may, by notice, implement any provision of this
title or any amendment made by this title before such date, except
H. R. 4194—62
to the extent that such provision or amendment specifically provides
otherwise.
(b) SAVINGS
PROVISION.—Notwithstanding any amendment
under this title that is made (in accordance with subsection (a))
on the date of the enactment of this Act but applies beginning
on October 1, 1999, the provisions of law amended by such amend-
ment, as such provisions were in effect immediately before the
making of such amendment, shall continue to apply during the
period beginning on the date of the enactment of this Act and
ending upon October 1, 1999, unless otherwise specifically provided
by this title.
(c) TECHNICAL RECOMMENDATIONS.—Not later than 9 months
after the date of the enactment of this Act, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Banking and Financial Services
of the House of Representatives, recommended technical and
conforming legislative changes necessary to carry out this title
and the amendments made by this title.
(d) LIST OF OBSOLETE DOCUMENTS.—Not later than October
1, 1999, the Secretary of Housing and Urban Development shall
cause to be published in the Federal Register a list of all rules,
regulations, and orders (including all handbooks, notices, and
related requirements) pertaining to public housing or section 8
tenant-based programs issued or promulgated under the United
States Housing Act of 1937 before the date of the enactment of
this Act that are or will be obsolete because of the enactment
of this Act or are otherwise obsolete.
(e) PROTECTION
OF CERTAIN REGULATIONS.—No provision of
this title may be construed to repeal the regulations of the Secretary
regarding tenant participation and tenant opportunities in public
housing (24 C.F.R. 964).
(g) EFFECTIVE DATE.—This section shall take effect on the
date of the enactment of this Act.
Subtitle A—General Provisions
SEC. 505. DECLARATION OF POLICY AND PUBLIC HOUSING AGENCY
ORGANIZATION.
Section 2 of the United States Housing Act of 1937 (42 U.S.C.
1437) is amended to read as follows:
‘‘SEC. 2. DECLARATION OF POLICY AND PUBLIC HOUSING AGENCY
ORGANIZATION.
‘‘(a) DECLARATION OF POLICY.—It is the policy of the United
States—
‘‘(1) to promote the general welfare of the Nation by employ-
ing the funds and credit of the Nation, as provided in this
Act—
‘‘(A) to assist States and political subdivisions of States
to remedy the unsafe housing conditions and the acute
shortage of decent and safe dwellings for low-income fami-
lies;
‘‘(B) to assist States and political subdivisions of States
to address the shortage of housing affordable to low-income
families; and
H. R. 4194—63
‘‘(C) consistent with the objectives of this title, to vest
in public housing agencies that perform well, the maximum
amount of responsibility and flexibility in program adminis-
tration, with appropriate accountability to public housing
residents, localities, and the general public;
‘‘(2) that the Federal Government cannot through its direct
action alone provide for the housing of every American citizen,
or even a majority of its citizens, but it is the responsibility
of the Government to promote and protect the independent
and collective actions of private citizens to develop housing
and strengthen their own neighborhoods;
‘‘(3) that the Federal Government should act where there
is a serious need that private citizens or groups cannot or
are not addressing responsibly; and
‘‘(4) that our Nation should promote the goal of providing
decent and affordable housing for all citizens through the efforts
and encouragement of Federal, State, and local governments,
and by the independent and collective actions of private citizens,
organizations, and the private sector.
‘‘(b) PUBLIC HOUSING AGENCY ORGANIZATION.—
‘‘(1) REQUIRED MEMBERSHIP.—Except as provided in para-
graph (2), the membership of the board of directors or similar
governing body of each public housing agency shall contain
not less than 1 member—
‘‘(A) who is directly assisted by the public housing
agency; and
‘‘(B) who may, if provided for in the public housing
agency plan, be elected by the residents directly assisted
by the public housing agency.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any pub-
lic housing agency—
‘‘(A) that is located in a State that requires the mem-
bers of the board of directors or similar governing body
of a public housing agency to be salaried and to serve
on a full-time basis; or
‘‘(B) with less than 300 public housing units, if—
‘‘(i) the agency has provided reasonable notice to
the resident advisory board of the opportunity of not
less than 1 resident described in paragraph (1) to serve
on the board of directors or similar governing body
of the public housing agency pursuant to such para-
graph; and
‘‘(ii) within a reasonable time after receipt by the
resident advisory board established by the agency
pursuant to section 5A(e) of notice under clause (i),
the public housing agency has not been notified of
the intention of any resident to participate on the
board of directors.
‘‘(3) NONDISCRIMINATION.—No person shall be prohibited
from serving on the board of directors or similar governing
body of a public housing agency because of the residence of
that person in a public housing project or status as assisted
under section 8.’’.
SEC. 506. DEFINITIONS.
Section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)) is amended as follows:
H. R. 4194—64
(1) PUBLIC HOUSING.—In paragraph (1), by inserting after
the second sentence the following new sentence: ‘‘The term
‘public housing’ includes dwelling units in a mixed finance
project that are assisted by a public housing agency with capital
or operating assistance.’’.
(2) SINGLE PERSONS.—In paragraph (3)—
(A) in subparagraph (A), by striking the third sentence;
and
(B) in subparagraph (B), in the second sentence, by
striking ‘‘regulations of the Secretary’’ and inserting ‘‘public
housing agency plan’’.
(3) PERSON
WITH
DISABILITIES.—In paragraph (3)(E), by
adding after the period at the end the following new sentences:
‘‘Notwithstanding any other provision of law, no individual
shall be considered a person with disabilities, for purposes
of eligibility for low-income housing under this title, solely
on the basis of any drug or alcohol dependence. The Secretary
shall consult with other appropriate Federal agencies to imple-
ment the preceding sentence.’’.
(4) NEW TERMS.—Section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)) is amended by adding at
the end the following new paragraphs:
‘‘(9) DRUG-RELATED CRIMINAL ACTIVITY.—The term ‘drug-related
criminal activity’ means the illegal manufacture, sale, distribution,
use, or possession with intent to manufacture, sell, distribute, or
use, of a controlled substance (as such term is defined in section
102 of the Controlled Substances Act).
‘‘(10) 
MIXED-FINANCE
PROJECT.—The 
term 
‘mixed-finance
project’ means a public housing project that meets the requirements
of section 35.
‘‘(11) PUBLIC HOUSING AGENCY PLAN.—The term ‘public housing
agency plan’ means the plan of a public housing agency prepared
in accordance with section 5A.
‘‘(12) CAPITAL FUND.—The term ‘Capital Fund’ means the fund
established under section 9(d).
‘‘(13) OPERATING FUND.—The term ‘Operating Fund’ means the
fund established under section 9(e).’’.
SEC. 507. MINIMUM RENT.
(a) IN GENERAL.—Section 3(a) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(a)) is amended by adding at the
end the following new paragraph:
‘‘(3) MINIMUM RENTAL AMOUNT.—
‘‘(A) REQUIREMENT.—Notwithstanding paragraph (1) of this
subsection, the method for rent determination elected pursuant
to paragraph (2)(A) of this subsection by a family residing
in public housing, section 8(o)(2) of this Act, or section 206(d)
of the Housing and Urban-Rural Recovery Act of 1983 (includ-
ing paragraph (5) of such section), the following entities shall
require the following families to pay a minimum monthly rental
amount (which amount shall include any amount allowed for
utilities) of not more than $50 per month, as follows:
‘‘(i) Each public housing agency shall require the pay-
ment of such minimum monthly rental amount, which
amount shall be determined by the agency, by—
‘‘(I) each family residing in a dwelling unit in
public housing by the agency;