[House Report 109-500]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-500
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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).
* * * * * * *