text: 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.
target: 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.
feat_title: Public Housing Regulatory Relief Act