[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 202 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 202

  To authorize the renewal of tenant-based rental assistance vouchers 
       under section 8 of the United States Housing Act of 1937.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

 Mr. Rothman introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  To authorize the renewal of tenant-based rental assistance vouchers 
       under section 8 of the United States Housing Act of 1937.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Authority Funding Fairness 
Act of 2007''.

SEC. 2. VOUCHER RENEWAL FUNDING.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) is amended by striking subsection (dd) and inserting the 
following new subsection:
    ``(dd) Tenant-Based Vouchers.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated, for each of fiscal years 2008 
        through 2012, such sums as may be necessary for tenant-based 
        assistance under subsection (o) for the following purposes:
                    ``(A) To renew all expiring annual contributions 
                contracts for tenant-based rental assistance.
                    ``(B) To provide tenant-based rental assistance 
                for--
                            ``(i) relocation and replacement of housing 
                        units that are demolished or disposed of 
                        pursuant to the Omnibus Consolidated 
                        Rescissions and Appropriations Act of 1996 
                        (Public Law 104-134);
                            ``(ii) conversion of section 23 projects to 
                        assistance under this section;
                            ``(iii) the family unification program 
                        under subsection (x) of this section;
                            ``(iv) relocation of witnesses in 
                        connection with efforts to combat crime in 
                        public and assisted housing pursuant to a 
                        request from a law enforcement or prosecution 
                        agency;
                            ``(v) enhanced vouchers authorized under 
                        subsection (t) of this section;
                            ``(vi) vouchers in connection with the HOPE 
                        VI program under section 24;
                            ``(vii) demolition or disposition of public 
                        housing units pursuant to section 18 of the 
                        United States Housing Act of 1937 (42 U.S.C. 
                        1437p);
                            ``(viii) mandatory and voluntary 
                        conversions of public housing to vouchers, 
                        pursuant to sections 33 and 22 of the United 
                        States Housing Act of 1937, respectively (42 
                        U.S.C. 1437z-5, 1437t);
                            ``(ix) vouchers necessary to comply with a 
                        consent decree or court order;
                            ``(x) vouchers transferred from another 
                        public housing agency; and
                            ``(xi) tenant protection assistance, 
                        including replacement and relocation 
                        assistance.
            ``(2) Allocation of renewal funding among public housing 
        agencies.--
                    ``(A) From amounts appropriated for each year 
                pursuant to paragraph (1)(A), the Secretary shall 
                provide renewal funding for each public housing 
                agency--
                            ``(i) based on leasing and costs from the 
                        prior year, as adjusted by an annual adjustment 
                        factor to be established by the Secretary;
                            ``(ii) by making any adjustments necessary 
                        to provide for the first-time renewal of 
                        vouchers funded under paragraph (1)(B); and
                            ``(iii) by making such other adjustments as 
                        the Secretary considers appropriate.
                    ``(B) Leasing and cost data.--For purposes of 
                subparagraph (A)(i), leasing and cost data shall be 
                calculated not less often than biennially by using the 
                average for the calendar year that, at the time of such 
                calculation, is the most recently completed calendar 
                year for which the Secretary determines data is 
                available, substantially verifiable, and complete. Such 
                leasing data shall be adjusted to include vouchers that 
                were set aside under a commitment to provide project-
                based assistance under subsection (o)(13).
                    ``(C) Moving to work.--Notwithstanding 
                subparagraphs (A) and (B), each public housing agency 
                participating at any time in the moving to work 
                demonstration under section 204 of the Departments of 
                Veterans Affairs and Housing and Urban Development, and 
                Independent Agencies Appropriations Act, 1996 (42 
                U.S.C. 1437f note) or in the Moving to Work program 
                under section 36 of this Act shall be funded pursuant 
                to its agreement under such program and shall be 
                subject to any pro rata adjustment made under 
                subparagraph (D).
                    ``(D) Pro rata allocation.--
                            ``(i) Insufficient funds.--To the extent 
                        that amounts made available for a fiscal year 
                        are not sufficient to provide each public 
                        housing agency with the full allocation for the 
                        agency determined pursuant to subparagraphs (A) 
                        and (C), the Secretary shall reduce such 
                        allocation for each agency on a pro rata basis, 
                        except that renewal funding of enhanced 
                        vouchers under section 8(t) shall not be 
                        subject to such proration.
                            ``(ii) Excess funds.--To the extent that 
                        amounts made available for a fiscal year exceed 
                        the amount necessary to provide each housing 
                        agency with the full allocation for the agency 
                        determined pursuant to subparagraphs (A) and 
                        (C), such excess amounts shall be used for the 
                        purposes specified in subparagraphs (B) and (C) 
                        of paragraph (4).
            ``(3) Advances.--
                    ``(A) Authority.--During the last 3 months of each 
                calendar year, the Secretary shall provide amounts to 
                any public housing agency, at the request of the 
                agency, in an amount up to two percent of the 
                allocation for the agency for such calendar year.
                    ``(B) Use.--Amounts advanced under subparagraph (A) 
                may be used to pay for additional voucher costs, 
                including costs related to temporary overleasing.
                    ``(C) Repayment.--Amounts advanced under 
                subparagraph (A) in a calendar year shall be repaid to 
                the Secretary in the subsequent calendar year by 
                reducing the amounts made available for such agency for 
                such subsequent calendar year pursuant to allocation 
                under paragraph (2) by an amount equal to the amount so 
                advanced to the agency.
            ``(4) Recapture.--
                    ``(A) In general.--The Secretary shall recapture, 
                from amounts provided under the annual contributions 
                contract for a public housing agency for a calendar 
                year, all amounts allocated under paragraph (2) that 
                are unused by the agency at the end of each calendar 
                year.
                    ``(B) Reallocation.--Not later than May 1 of each 
                calendar year, the Secretary shall--
                            ``(i) calculate the aggregate unused 
                        amounts for the preceding year recaptured 
                        pursuant to subparagraph (A);
                            ``(ii) set aside and make available such 
                        amounts as the Secretary considers appropriate 
                        to reimburse public housing agencies for 
                        increased costs related to portability and 
                        family self-sufficiency activities during such 
                        year; and
                            ``(iii) reallocate all remaining amounts 
                        among public housing agencies that, in the 
                        preceding year, used at least 99 percent of 
                        amounts allocated under paragraph (2) for the 
                        agency and leased fewer than the number of 
                        vouchers authorized for the agency; except that 
                        the Secretary may establish priority for 
                        allocation of such amounts to public housing 
                        agencies that leased fewer vouchers in such 
                        preceding year than in the 12-month period 
                        ending April 1, 2004.
                    ``(C) Use.--Amounts reallocated to a public housing 
                agency pursuant to subparagraph (B)(iii) may be used 
                only to increase voucher leasing rates to the level 
                authorized for the agency.''.
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