article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Regulatory Relief Act''. SEC. 2. AUTHORITY TO WAIVE PUBLIC HOUSING PROGRAM REQUIREMENTS. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 27. WAIVER OF PUBLIC HOUSING PROGRAM REQUIREMENTS. ``(a) Authority.--Upon the written request of a public housing agency or resident management corporation, the Secretary may authorize the agency or corporation to establish policies for the operation, maintenance, management, and development (including modernization) of one or more public housing projects and, in connection with granting such authority and except as provided in subsection (b), may waive or modify (with respect to the project or projects)-- ``(1) the requirements of this Act applicable to public housing; and ``(2) any requirements applicable to the project or projects under other provisions of law that the Secretary determines are not consistent with the policies proposed for the project or projects. ``(b) Limitation.--The Secretary may not waive or modify-- ``(1) any provision of this Act or any other provision of law that limits occupancy of public housing dwelling units to low-income families; ``(2) under section 18 of this Act that requires replacement of dwelling units in the case of demolition or disposition of public housing (except that the limitation on the use of tenant-based assistance to applications proposing demolition or disposition of 200 or more units may be waived); ``(3) any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; ``(4) any provision of law that relates to equal opportunity, nondiscrimination, or the environment; or ``(5) any provision of this Act or any other provision of law that relates to labor standards. ``(c) Request for Waiver.--A request under subsection (a) shall-- ``(1) specify the provision or provisions of law to be waived or modified and the waivers or modifications proposed; ``(2) identify the public housing projects for which the waivers or modifications are requested; ``(3) describe the policies to be effective for the projects for which the waivers or modifications are requested; and ``(4) describe the costs to the public housing agency or resident management corporation, and to the Federal Government, of the waivers or modifications requested and the change of policies proposed. ``(d) Minimum Criteria for Approval.--The Secretary may approve a request under subsection (a) only if the Secretary determines that the request-- ``(1) would not, over the term of such authority, result in the Federal Government incurring more costs than the Government would otherwise incur if the request were not approved; ``(2) is consistent with the overall purposes of the public housing program; ``(3) is consistent with the Fair Housing Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the National Environmental Policy Act of 1969; and ``(4) such other requirements as the Secretary may establish to carry out the purposes of this section. ``(e) Timing.--Any authority granted to a public housing agency pursuant to subsection (a), including any waiver or modification pursuant to this section of any requirement, shall be effective only for the period established by the Secretary in granting the waiver or modification, which may not exceed 4 years. Upon such expiration and pursuant to a written request, the Secretary may renew such authority for a public housing agency or resident management corporation, subject to the requirements of this section. ``(f) Applicability of State and Local Laws.--The provisions of any applicable State and local laws shall apply to any public housing agency, resident management corporation, and public housing project with respect to which authority is granted under subsection (a). ``(g) Reports.--The Secretary shall require each public housing agency and resident management corporation for which a request under subsection (a) is approved to submit a report to the Secretary annually for each year during the term for which the authority granted under subsection (a) is effective. The report shall describe the activities, operations, and policies of the agency or corporation during the year for which the report is submitted. ``(h) Definition.--For purposes of this section, the term `resident management corporation' means a resident management corporation established in accordance with the requirements of the Secretary under section 20.''. SEC. 3. PHA RETENTION OF SAVINGS REALIZED THROUGH EFFICIENT MANAGEMENT. Section 6(e) of the United States Housing Act of 1937 (42 U.S.C. 1437d(e)) is amended to read as follows: ``(e) Treatment of Savings.--Each contract for contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges) and the Secretary determines that such excess resulted from increased efficiency in the operation of the agency-- ``(1) an amount equal to one-half of such excess shall be applied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions; and ``(2) an amount equal to one-half of such excess shall be applied to operating reserve established for the project and shall not be considered in subsequent years in calculating the operating subsidies provided under section 9 to the public housing agency, except to the extent proposed by the agency in its operating budget.''. SEC. 4. AVAILABILITY OF PUBLIC HOUSING MODERNIZATION FUNDS DURING TERM OF PLAN. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended-- (1) in subsection (d)(3)(A), by striking ``within each 12- month period covered by such plan''; (2) in subsection (e)(1)(D), by striking ``at least a schedule'' and inserting ``a listing''; (3) in subsection (e)(3)(B), by adding at the end the following new sentence: ``This section may not be construed to require a public housing agency to amend its comprehensive plan under paragraph (1) to be able to (A) use assistance amounts for purposes consistent with the plan but not according to the schedule of actions to be taken under the plan, or (B) use assistance amounts provided to an agency for a fiscal year in another fiscal year covered by the plan for purposes consistent with the plan, notwithstanding the annual statement of activities by the agency under subparagraph (A).''; (4) in subsection (f)(1)(A), by striking ``specified for such year in'' and inserting ``anticipated to be conducted during such year under''; (5) in subsection (g), by striking ``to meet the objectives for the preceding year'' and inserting ``during the preceding year to meet the objectives''; and (6) in subsection (o), by striking ``for the purposes'' and all that follows through ``appropriate'' and inserting the following: ``in any year covered by the plan for the agency under subsection (d)(4) or (e)(1)(D), as appropriate, that was approved by the Secretary and for any purpose specified under or consistent with such plan, notwithstanding the schedule included in such plan pursuant to subsection (d)(3)(A) or (e)(1)(D), as appropriate''. SEC. 5. RECAPTURE OF PUBLIC HOUSING MODERNIZATION FUNDS. Section 14(g) of the United States Housing Act of 1937 (42 U.S.C. 1437(l)(g)) is amended-- (1) by inserting ``(1)'' after ``(g)''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary may establish a system for recapturing and redistributing amounts provided to public housing agencies under this subsection, which shall-- ``(A) provide for the recapture of such amounts only from an agency that, in the determination of the Secretary pursuant to a review under subsection (e)(4)(B) or an audit under subsection (e)(4)(C), has not made reasonable progress in carrying out modernization projects approved by the Secretary under the comprehensive plan for the agency under subsection (d)(4) or (e); ``(B) provide for the redistribution of such recaptured amounts for use by other public housing agencies that, in the determination of the Secretary, need such amounts to carry out the comprehensive plans for such agencies and are capable of using such amounts in a timely manner; ``(C) provide for redistribution to the agencies referred to in subparagraph (B) based on an allocation system that takes into consideration the formula established pursuant to subsection (k)(2)(A); and ``(D) establish an annual schedule for redistribution of amounts recaptured.''. SEC. 6. AUTHORITY FOR PHA'S TO BORROW AGAINST FUTURE PUBLIC HOUSING MODERNIZATION FUNDS. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended by adding at the end the following new subsection: ``(q) Authority to Borrow Against Future Assistance.-- ``(1) In general.--A public housing agency may, with the approval of the Secretary, enter into an agreement to pay any assistance for which the agency may become eligible under this section to ensure the repayment of notes or other obligations issued by the agency for the purpose of financing development, rehabilitation, or modernization of public housing. ``(2) Terms.--Notes or other obligations for which assistance under this section is pledged shall be in such form and denominations, have such maturities not exceeding 30 years, and be subject to such other conditions as the Secretary may prescribe. The Secretary may not deny a guarantee under this subsection on the basis of the proposed repayment period for the obligation, unless the period exceeds 30 years or the Secretary determines that the period causes the obligation to constitute an unacceptable financial risk. ``(3) Limitation on amount of outstanding obligations.-- Assistance under this section may not be pledged for the repayment of any obligation if the total outstanding principal of all obligations for which such assistance is pledged would thereby exceed an amount equal to 5 times the amount of assistance provided under this section during the most recently completed fiscal year to the agency issuing the obligation. ``(4) Repayment.--Notwithstanding any other provision of this section, assistance provided to an agency under this section may be used in the payment of principal and interest due (including such servicing, underwriting, and other costs as the Secretary may prescribe) on the notes or other obligations issued by the public housing agency pursuant to this subsection.''. SEC. 7. STUDY OF ACQUISITION AND LABOR REQUIREMENTS FOR PUBLIC HOUSING AGENCIES. (a) Study.--The Secretary of Housing and Urban Development shall conduct a study to determine the efficiency of the procedures and requirements applicable to procurement by public housing agencies of materials, supplies, systems, appliances, labor, and services used in maintaining, operating, and modernizing public housing projects. Under the study, the Secretary shall-- (1) compare the existing procurement system for public housing agencies to-- (A) a system of procurement under which public housing agencies procure materials, supplies, systems, appliances, labor, and services for use in maintaining, operating, and modernizing public housing projects without being subject to any requirements established by the Secretary or any other Federal laws or regulations regarding procurement; and (B) a system of procurement that operates in the manner described under subparagraph (A), except that under such system the Secretary would annually review the procurement policies and actions of each public housing agency for the preceding year and would have the authority to establish limitations on procurement policies and activities determined by the Secretary to have instituted inappropriate procurement policies or engaged in inappropriate procurement activities; (2) determine the advantages and disadvantages of procurement pursuant to the existing procurement system for public housing agencies and the systems referred to in subparagraphs (A) and (B) of paragraph (1); and (3) determine the effect of the requirements under section 12 of the United States Housing Act of 1937 (relating to labor standards) on the affordability of dwelling units in public housing. (b) Report.--The Secretary of Housing and Urban Development shall submit a report to the Congress describing the study, the findings of the study, and any recommendations resulting from the study, not later than the expiration of the 2-year period beginning on the date of the enactment of this Act.
summary: Public Housing Regulatory Relief Act - Amends the United States Housing Act of 1937 to authorize the waiver (with specified exceptions) of public housing requirements. Permits a public housing agency (PHA) to retain savings realized through efficient management. Authorizes the recapture of public housing modernization funds. Authorizes PHAs to borrow against future modernization funds. Directs the Secretary of Housing and Urban Development to study PHA labor and acquisition requirements.