,,ii #aacth ,,congress #ast ,session ,s4 #egf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjac ,mr4 ,johanns 7for himself and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to reform laws relating to small public housing agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,small ,public ,housing ,agency ,opportunity ,act of #bjac4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,although small public housing agencies are numerous1 they administer only a small fraction of the financial resources provided under the ,federal housing programs4 7#b7 ,the oversight of small public housing agencies by the ,department of ,housing and ,urban ,development is disproportionate to the financial risk the operations of these agencies pose to the ,federal ,government4 7#c7 ,small public housing agencies perform better than larger agencies1 as public housing agency performance is presently measured by the ,federal ,government4 7#d7 ,the ,department of ,housing and ,urban ,development should deploy its administrative oversight resources in a manner that reflects relative risk to the ,federal ,government4 7#e7 ,regulatory and administrative burdens that may be reasonable for larger public housing agencies may not be so for smaller public housing agencies with more limited resources4 7#f7 ,eliminating unnecessary or unreasonable regulatory and administrative burdens will improve the effectiveness of small public housing agencies as providers of housing assistance to low-income families4 7#g7 ,small public housing agencies and their residents would benefit from1 and small public housing agencies should be afforded1 maximum flexibility in the use of their resources4 7#h7 ,congress and the ,department of ,housing and ,urban ,development should reduce administrative and regulatory burdens on small public housing agencies4 7#i7 ,public housing revitalization funding has been largely unavailable to small public housing agencies4 7#aj7 ,congress should establish a program of assistance to enable public housing revitalization activities by small public housing agencies4 7#aa7 ,small public housing agencies and their residents would benefit from conversion of their public housing projects to projects assisted with project-based section #h rental assistance4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to assure the long-term viability and effectiveness of the small public housing agencies and the housing assistance programs they operate2 7#b7 to ensure that small public housing agencies are not subject to unnecessary ,federal regulatory control and administrative requirements2 7#c7 to afford flexibility to small public housing agencies in the use of their resources2 7#d7 to adjust ,federal oversight requirements for small public housing agencies to better reflect financial risk to the ,federal ,government and the relative resources of such agencies2 7#e7 to explore innovative approaches to simplifying determination of income and tenant rents2 and 7#f7 to ensure that small public housing agencies have access to the resources necessary for the modernization and revitalization of their public housing stock4 #c4 ,small public housing agencies 7a7 ,in general ,title ,i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 is amended by adding at the end the following3 #cg4 ,small public housing agencies 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,housing voucher program ,the term housing voucher program means a program for tenant-based assistance under section #h4 7#b7 ,small public housing agency 7,a7 ,in general ,the term small public housing agency means a public housing agency for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section #h7o7 administered by the agency is #eej or fewer4 7,b7 ,transition ,a public housing agency that qualifies as an eligible small public housing agency but subsequently fails to meet the qualification criterion in subsection 7a7 shall remain an eligible small public housing agency for #c additional years to provide for a transition to noneligible status in order to avoid disruption in the plans and projects undertaken by the agency4 7#c7 ,troubled small public housing agency ,the term troubled small public housing agency means a small public housing agency designated by the ,secretary as a troubled small public housing agency under subsection 7c77#d74 7b7 ,applicability ,except as otherwise provided in this section1 a small public housing agency shall be subject to the same requirements as a public housing agency4 7c7 ,program inspections and evaluations 7#a7 ,public housing projects 7,a7 ,physical inspections 7i7 ,frequency 7,i7 ,inspection by the ,secretary ,the ,secretary shall carry out an inspection of the physical condition of a small public housing agency's public housing projects not more frequently than once every #c years1 unless the agency has been designated by the ,secretary as troubled small public housing agency based on deficiencies in the physical condition of its public housing projects4 7,,ii7 ,inspection by agencies ,a small public housing agency shall not be subject to section #f7;f77#c71 and the ,secretary may not otherwise require the small public housing agency to inspect its public housing units4 7ii7 ,standards ,the ,secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under section #h4 7,b7 ,financial condition ,the ,secretary shall determine the financial condition of a small public housing agency's public housing program solely on the basis of the ratio of current assets to current liabilities4 ,a ratio of at least #a shall result in a determination that the financial condition of a small public housing agency is acceptable4 7,c7 ,management condition 7i7 ,determination 7,i7 ,in general ,except as provided in clause 7ii71 the ,secretary shall determine the management condition of a small public housing agency's public housing program solely on the basis of the ratio of vacant unit months to eligible unit months4 7,,ii7 ,ratio ,except as provided in subclause 7,,iii71 a ratio of not more than #aj percent shall result in a determination that the management condition of a small public housing agency is acceptable4 7,,iii7 ,exception ,in determining the management condition of a program or project of a small public housing agency with an extremely low number of public housing units1 the ,secretary may apply a ratio or standard that is different than the standard under this subparagraph4 7ii7 ,changing market conditions ,in determining the management condition of a small public housing agency's public housing program1 the ,secretary shall take into consideration a demonstration by the small public housing agency that its inability to lease an adequate number of units is a result of changes in market conditions4 7#b7 ,housing voucher program 7,a7 ,physical inspection of assisted units ,a small public housing agency administering assistance under section #h7o7 shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every #c years1 to determine whether the unit is maintained in accordance with the requirements under section #h7o77#h77;,a74 7,b7 ,management assessment ,the ,secretary shall evaluate the management of a voucher program of a small public housing agency solely on the basis of the lease-up rate or the budget utilization rate of the small public housing agency4 ,a lease-up rate or budget utilization rate of at least #ij percent shall result in a determination that the management of the voucher program is acceptable4 7#c7 ,high-performing agencies ,the ,secretary shall designate a small public housing agency as a high-performing agency if the ,secretary determines that the small public housing agency exceeds the criteria for acceptability established under paragraphs 7#a7 and 7#b7 by an extent established by the ,secretary1 by rule4 7#d7 ,troubled small public housing agencies 7,a7 ,public housing program ,notwithstanding any other provision of law1 the ,secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency only if the ,secretary determines that the agency-- 7i7 has failed-- 7,i7 to maintain its public housing units in a satisfactory physical condition1 based upon an inspection conducted by the ,secretary2 and 7,,ii7 to correct deficiencies before the date that is #ij days after the date on which the ,secretary verifies the inspection results2 7ii7 does not have at the end of its fiscal year an acceptable ratio of current assets to current liabilities1 as determined under paragraph 7#a77;,b72 7iii7 has failed to maintain an acceptable average ratio of vacant unit months to eligible unit months during any calendar year1 as determined under paragraph 7#a77;,c71 and that the failure is not the result of changes in market conditions2 or 7iv7 has failed to account for its revenues and expenses1 misappropriated ,federal funds1 or otherwise failed to comply with applicable ,federal law4 7,b7 ,housing voucher program ,notwithstanding any other provision of law1 the ,secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency only if the ,secretary determines that the agency-- 7i7 has failed to comply with the inspection requirements under paragraph 7#b77;,a72 7ii7 during the calendar year has failed to maintain an acceptable lease-up rate or budget utilization rate1 as determined under paragraph 7#b77;,b72 or 7iii7 has failed to account for its revenues and expenses1 misappropriated ,federal funds1 or otherwise failed to comply with applicable ,federal law4 7,c7 ,appeals 7i7 ,establishment ,the ,secretary shall establish an appeals process under which a small public housing agency may dispute a determination of deficiency4 7ii7 ,official ,the appeals process established under clause 7i7 shall provide for a decision by an official who has not been involved1 and is not subordinate to a person who has been involved1 in the original determination of deficiency4 7,d7 ,corrective action agreement 7i7 ,agreement required ,not later than #fj days after the date on which a small public housing agency is designated as a troubled public housing agency1 the ,secretary and the small public housing agency shall enter in to a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based4 7ii7 ,terms of agreement ,a corrective action agreement entered into under clause 7i7 shall-- 7,i7 have a term of #a year1 and shall be renewable at the option of the ,secretary2 7,,ii7 provide1 where feasible1 for technical assistance to assist the public housing agency in curing its deficiencies2 7,,iii7 provide for-- 7aa7 reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually2 and 7bb7 termination of the agreement when the ,secretary determines that the small public housing agency is no longer a troubled small public housing agency2 and 7,,iv7 provide that in the event of substantial noncompliance by the small public housing agency under the agreement1 the ,secretary may-- 7aa7 contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency2 7bb7 withhold funds otherwise distributable to the troubled small public housing agency2 7cc7 assume possession of1 and direct responsibility for1 managing the public housing of the trouble small public housing agency2 7dd7 petition for the appointment of a receiver1 in accordance with section #f7;j77#c77;,a77ii72 and 7ee7 exercise any other remedy available to the ,secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under section #e4 7,e7 ,emergency actions ,nothing in this paragraph may be construed to prohibit the ,secretary from taking any emergency action necessary to protect ,federal financial resources or the health or safety of residents of public housing projects4 7d7 ,reduction of administrative burdens 7#a7 ,reports 7,a7 ,comparability with section #h requirements ,notwithstanding any other provision of law1 and except as otherwise provided in this section1 the ,secretary may not require a small public housing agency to submit any report1 plan1 or other information with respect to the public housing units1 projects1 or programs of the small public housing agency if the report1 plan1 or other information is not required to be submitted by the owner of a project assisted under section #h that is covered by a mortgage insured by the ,secretary4 7,b7 ,exception for designated housing for elderly and disabled families ,a small public housing agency shall submit to the ,secretary the plan required by section #g in order to designate occupancy in public housing units in accordance with section #g4 7,c7 ,compliance ,for purposes of determining the benefits or funding available to a small public housing agency1 the small public housing agency shall be deemed to be in compliance with a requirement under ,federal law to submit a report1 plan1 or other information with respect to the public housing units1 projects1 or programs of the small public housing agency if the small public housing agency submits the reports1 plans1 or other information required under subparagraphs 7,a7 and 7,b74 7#b7 ,community service 7,a7 ,in general ,notwithstanding any other provision of law1 a small public housing agency may elect to comply with the requirements under section #ab7;c77#c7 through the use of tenant certifications4 7,b7 ,monitoring of compliance ,the ,secretary may not impose any administrative burden or requirement with respect to the monitoring of compliance with section #ab7;c7 on a small public housing agency that has made an election under subparagraph 7,a71 except a requirement to obtain tenant certifications and make the tenant certifications available to the ,secretary4 ,for purposes of this subparagraph1 the term administrative burden or requirement includes a requirement to review or verify information contained in a tenant certification4 7,c7 ,determination of noncompliance ,a small public housing agency may not make an election under subparagraph 7,a7 if the ,secretary determines that there is substantial noncompliance by the tenants at the small public housing agency with the requirements of section #ab7;c74 7#c7 ,economic opportunity ,section #c of the ,housing and ,urban ,development ,act of #aifh 7#ab ,u4,s4,c4 #agjau7 shall apply to a small public housing agency only to the extent that such section #c applies to the owner of a project assisted under section #h of this ,act4 7#d7 ,asset management ,at the request of a small public housing agency or a public housing agency that administers not more than #djj public housing dwelling units1 the ,secretary shall exempt the small public housing agency or public housing agency from any asset management requirement otherwise imposed by the ,secretary on public housing agencies4 7#e7 ,environmental reviews 7,a7 ,exemption ,notwithstanding any other provision of law1 a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than #ajj1jjj4 7,b7 ,streamlined procedures ,the ,secretary shall1 by rule1 establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than #ajj1jjj4 7e7 ,fungibility 7#a7 ,in general ,notwithstanding any other provision of law and subject to paragraph 7#b71 a small public housing agency may-- 7,a7 combine funds provided to the small public housing agency for voucher assistance under section #h7o71 from the ,capital ,fund1 and from the ,operating ,fund2 and 7,b7 use the funds combined under subparagraph 7,a7 for any activity authorized under section #h7o7 or subsection 7d7 or 7e7 of section #i4 7#b7 ,limitation ,in using funds combined under paragraph 7,a71 a small public housing agency shall assist substantially the same number of low-income families1 with a comparable mix of families by family size1 as it did in the year preceding its qualification as a small public housing agency1 with appropriate adjustments made by the ,secretary on the basis of any increase or decrease in the number of vouchers or units assisted4 7f7 ,project-,based vouchers ,with respect to a program carried out by a small public housing agency under section #h7o7-- 7#a7 section #h7o77#ac77;,b7 shall be applied by substituting #ej percent for #bj percent2 and 7#b7 section #h7o77#ac77;,c7 shall not apply4 7g7 ,conversion to section #h 7#a7 ,in general ,a small public housing agency may1 subject to the availability of appropriations and approval by the ,secretary1 convert all or a portion of the public housing units of the small public housing agency to project-based voucher assistance under section #h7o77#ac7 or to project-based assistance under section #h4 7#b7 ,project-,based voucher assistance 7,a7 ,inapplicable provisions ,subparagraphs 7,b71 7,c71 and 7,d7 of section #h7o77#ac7 shall not apply to public housing units converted to project-based voucher assistance under paragraph 7#a74 7,b7 ,rent calculation for tax-credit projects ,rents for public housing units converted to project-based voucher assistance under paragraph 7#a7 shall be established in accordance with section #h7o77#ac77;,h71 without regard to whether or not a project is located in a qualified census tract4 7#c7 ,project-based assistance 7,a7 ,initial rents 7i7 ,establishment ,initial rents for public housing units converted to section #h project-based assistance under paragraph 7#a7 shall be established1 at the option of the small agency-- 7,i7 at the comparable rent for unassisted units in the area2 or 7,,ii7 on a budget basis4 7ii7 ,budget-based rents ,in approving a budget-based rent under clause 7i77,,ii71 the ,secretary shall take into account the need to provide for sufficient replacement reserves to offset a reduction or elimination of capital subsidy funds for a project and for debt service on loans to fund capital improvements4 7,b7 ,rent adjustments ,the ,secretary shall annually adjust the rents established under subparagraph 7,a7 using an operating cost adjustment factor established by the ,secretary 7which shall not result in a negative adjustment7 or1 at the request of the owner1 on a budget basis4 7,c7 ,term ,the term of any contract for assistance payments pursuant to this paragraph shall be the longer of #bj years or the remaining period during which the project would have been required to be operated as public housing 7as calculated immediately prior to the conversion74 7,d7 ,other provisions ,except as otherwise provided in this subsection1 a project converted under paragraph 7#a7 shall be subject to the provisions of section #ebd of the ,multifamily ,assisted ,housing ,reform and ,affordability ,act of #aiig 7#db ,u4,s4,c4 #adcg;f note74 7#d7 ,release of encumbrances ,at the time of conversion of a project under paragraph 7#a71 the ,secretary shall release the project from any applicable annual contributions contract and release and cancel of record all deeds of trust and other instruments encumbering the project in favor of the ,federal ,government4 ,upon conversion1 a project shall no longer be subject to ,federal laws and requirements applicable solely to public housing projects4 ,administrative oversight of public housing units converted to section #h project-based assistance under paragraph 7#a7 shall be transferred to the ,office of ,housing within the ,department of ,housing and ,urban ,development4 7#e7 ,transfer of funds ,upon conversion of a project under paragraph 7#a71 the ,secretary shall reprogram to the appropriate section #h account-- 7,a7 an amount of public housing ,operating ,fund budget authority equal to that which would otherwise be allocated to the converted project2 and 7,b7 an amount of public housing ,capital ,fund budget authority otherwise allocable to the small public housing agency with respect to the converted project4 7h7 ,replacement housing factor funds ,during the first year of each #e-year period for which a small public housing agency qualifies for the addition of a replacement housing factor under section #ije4aj7;i7 of title #bd1 ,code of ,federal ,regulations1 the ,secretary shall pay to the small public housing agency the portion of the total amount that the ,secretary plans to make available to the small public housing agency from the ,capital ,fund established under section #i7;d7 during that #e-year period that is attributable to the addition of the replacement housing factor4 4 7b7 ,technical and conforming amendments ,section #e;,a of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;c-#a7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#c72 7#b7 in subsection 7e71 by striking paragraph 7#d72 and 7#c7 in subsection 7f71 by striking paragraph 7#e74 #d4 ,rent reform demonstration project for small public housing agencies 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,extremely low-income family ,the term extremely low-income family means a family whose income does not exceed #cj percent of the median income for the area1 as determined by the ,secretary with adjustments for smaller and larger families1 except the ,secretary may establish income ceilings higher or lower than #cj percent of the median income for the area on the basis of the ,secretary's findings that such variations are necessary because of unusually high or low family incomes in the area4 7#b7 ,income ,the term income shall have the meaning given that term by section #c7;b77#d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#d774 7#c7 ,low-income family ,the term low-income family means a family whose income does not exceed #hj percent of the median income for the area1 as determined by the ,secretary with adjustments for smaller and larger families1 except the ,secretary may establish income ceilings higher or lower than #hj percent of the median incomes for the area on the basis of the ,secretary's findings that such variations are necessary because of unusually high or low family incomes in the area4 7#d7 ,median income for the area ,the term median income for the area means the median income of all families in a geographic area1 as determined by the ,secretary4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#f7 ,small public housing agency ,the term small public housing agency has the same meaning as in section #cg7;a7 of the ,united ,states ,housing ,act of #aicg1 as added by this ,act4 7#g7 ,very low-income family ,the term very low-income family means a family whose income does not exceed #ej percent of the median income for the area1 as determined by the ,secretary with adjustments for smaller and larger families1 except the ,secretary may establish income ceilings higher or lower than #ej percent of the median income for the area on the basis of the ,secretary's findings that such variations are necessary because of unusually high or low family incomes in the area4 7b7 ,in general ,the ,secretary shall carry out a demonstration project to examine how various methods of determining rent in public housing affect-- 7#a7 the administrative burden on small public housing agencies2 and 7#b7 the residents of public housing4 7c7 ,scope of demonstration project 7#a7 ,request to participate ,the ,secretary shall select small public housing agencies to participate in the demonstration project from among small public housing agencies that request to participate in the project4 7#b7 ,number ,the ,secretary shall select not more than #bj percent of the total number of small public housing agencies to participate in the demonstration project4 7#c7 ,representation ,the ,secretary shall select small public housing agencies representing a broad range of geographic areas and urban and rural locations4 7d7 ,rent-,setting mechanisms ,a small public housing agency participating in the demonstration project shall select #a or more of the following methods for establishing a family's rent contribution for a dwelling unit in public housing3 7#a7 ,tiered system 7,a7 ,initial rents ,a tiered system under which the amount of initial rent is as follows3 7i7 ,for an extremely low-income family1 an amount equal to #cj percent of #aj percent of the median income for the area4 7ii7 ,for a very low-income family1 an amount equal to #cj percent of #cj percent of the median income for the area4 7iii7 ,for a low-income family1 an amount equal to #cj percent of #ej percent of the median income for the area4 7,b7 ,subsequent rents ,the rent determined in accordance with subparagraph 7,a7 shall be adjusted annually by the small public housing agency on the basis of changes in area median incomes and shall apply to the continued occupancy of an assisted family4 7,c7 ,over-income families ,a family assisted under a tiered system established under subparagraph 7,a7 whose income exceeds #hj percent of the median income for the area shall pay a rent equal to the higher of #cj percent of #hj percent of the median income for the area or the market rent for the unit as determined by the small public housing agency4 7#b7 ,gross income 7,a7 ,initial rents ,a method under which rent is established in an amount that varies between #bf to #bh percent of a family's income1 based on family characteristics as determined by the small public housing agency4 7,b7 ,subsequent rents ,the rent determined in accordance with subparagraph 7,a7 shall be adjusted annually between income recertifications on the basis of factors selected by a small public housing agency that are most relevant to the status of a resident4 7,c7 ,minimum rent ,in establishing rents in accordance with subparagraph 7,a71 a small public housing agency may impose a minimum rent4 7#c7 ,existing rent mechanisms ,a small public housing agency may use #a or more of the above methods for determining rents in combination with the method for establishing rents pursuant to section #c of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a74 7e7 ,income recertifications ,reviews of family income under paragraphs 7#a71 7#b71 and 7#c7 of subsection 7d7 shall be made at least once every #e years1 except a family may request a recertification and adjustment in rent at any time if the family income has changed by an amount established by the small public housing agency4 ,in determining family income1 the small public housing agency may use the income of the family as determined by the small public housing agency for the preceding year4 7f7 ,hardship exception ,a small public housing agency shall adopt a hardship policy1 comparable to the policy contained in section #c7;a77#c77;,b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7a77#c77;,b771 for use in connection with a minimum rent imposed under subsection 7d77#b77;,c7 and in connection with rents established under paragraphs 7#a71 7#b71 and 7#c7 of subsection 7d74 7g7 ,reports 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the demonstration project carried out under this section4 7#b7 ,recommendations for action ,the report submitted under paragraph 7#a7 shall contain recommendations that ,congress take #a or more of the following actions3 7,a7 ,continue the demonstration project for a specified period of time4 7,b7 ,expand the number of participants in the demonstration project4 7,c7 ,apply the terms of the demonstration project to all small public housing agencies4 7,d7 ,change any of the terms of the demonstration project4 7,e7 ,terminate the demonstration project4 7#c7 ,recommendations for permanent legislation ,the ,secretary shall submit to ,congress recommendations for permanent legislation that implements rent reform for small public housing agencies-- 7,a7 with the report required under paragraph 7#a72 or 7,b7 before the date on which the ,secretary submits the report required under paragraph 7#a74 #e4 ,energy conservation ,section #i7;e77#b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7e77#b77 is amended by adding at the end the following3 7,d7 ,freeze of consumption levels 7i7 ,in general ,a small public housing agency1 as defined in section #cg7;a71 may elect to be paid for its utility and waste management costs under the formula for a period1 at the discretion of the small public housing agency1 of up to #bj years based on the small public housing agency's average annual consumption during the #c-year period preceding the year in which the election is made 7hereafter referred to as consumption base level74 7ii7 ,initial adjustment in consumption base level ,the ,secretary shall make an initial one-time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent #bj-year period compared to the average in the consumption base level4 7iii7 ,adjustments in consumption base level ,the ,secretary shall make adjustments in the consumption base level to account for an increase or reduction in units1 a change in fuel source1 a change in resident controlled electricity consumption1 or for other reasons4 7iv7 ,savings ,all cost savings resulting from an election made pursuant to this subparagraph shall accrue to the small agency and may be used for any public housing purpose at the discretion of the small public housing agency4 7v7 ,third parties ,a small public housing agency making an election under this subparagraph may use1 but shall not be required to use1 the services of a third party in its energy conservation program4 ,the small public housing agency shall have the sole discretion to determine the source1 and terms and conditions1 of any financing used for its program4 4 #f4 ,consortia ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall develop and deploy all electronic information systems necessary to accommodate full consolidated reporting by public housing agencies electing to operate in consortia under section #ac7;a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgk7a774 #g4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect #fj days after the date of enactment of this ,act4