I 

110TH CONGRESS 

1ST SESSION H. R. 1851 

To reform the housing choice voucher program under section 8 of the United 

States Housing Act of 1937. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Ms. WATERS (for herself, Mr. FRANK of Massachusetts, Mrs. BIGGERT, and 

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

A BILL 

To reform the housing choice voucher program under section 

8 of the United States Housing Act of 1937. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Section 8 Voucher Re5 form Act of 2007’’. 

6 SEC. 2. INSPECTION OF DWELLING UNITS. 

7 Section 8(o)(8) of the United States Housing Act of 

8 1937 (42 U.S.C. 1437f(o)(8)) is amended— 

9 (1) by striking subparagraph (A) and inserting 

10 the following new subparagraph: 


pwalker on PROD1PC71 with BILLS
2 

•HR 1851 IH

1 ‘‘(A) INITIAL INSPECTION.— 

2 ‘‘(i) IN GENERAL.—For each dwelling 

3 unit for which a housing assistance pay4 ment contract is established under this 

5 subsection, the public housing agency (or 

6 other entity pursuant to paragraph (11)) 

7 shall inspect the unit before any assistance 

8 payment is made to determine whether the 

9 dwelling unit meets the housing quality 

10 standards under subparagraph (B), except 

11 as provided in clause (ii) of this subpara12 graph. 

13 ‘‘(ii) CORRECTION OF NON-LIFE

14 THREATENING CONDITIONS.—In the case 

15 of any dwelling unit that is determined, 

16 pursuant to an inspection under clause (i), 

17 not to meet the housing quality standards 

18 under subparagraph (B), assistance pay19 ments may be made for the unit notwith20 standing subparagraph (C) if failure to 

21 meet such standards is a result only of 

22 non-life threatening conditions. A public 

23 housing agency making assistance pay24 ments pursuant to this clause for a dwell25 ing unit shall, 30 days after the beginning 


pwalker on PROD1PC71 with BILLS
3 

•HR 1851 IH

1 of the period for which such payments are 

2 made, suspend any assistance payments 

3 for the unit if any deficiency resulting in 

4 noncompliance with the housing quality 

5 standards has not been corrected by such 

6 time, and may not resume such payments 

7 until each such deficiency has been cor8 rected.’’; and 

9 (2) by striking subparagraph (D) and inserting 

10 the following new subparagraph: 

11 ‘‘(D) BIENNIAL INSPECTIONS.— 

12 ‘‘(i) REQUIREMENT.—Each public 

13 housing agency providing assistance under 

14 this subsection (or other entity, as pro15 vided in paragraph (11)) shall, for each as16 sisted dwelling unit, make biennial inspec17 tions during the term of the housing as18 sistance payments contract for the unit to 

19 determine whether the unit is maintained 

20 in accordance with the requirements under 

21 subparagraph (A). The agency (or other 

22 entity) shall retain the records of the in23 spection for a reasonable time and shall 

24 make the records available upon request to 

25 the Secretary, the Inspector General for 


pwalker on PROD1PC71 with BILLS
4 

•HR 1851 IH

1 the Department of Housing and Urban 

2 Development, and any auditor conducting 

3 an audit under section 5(h). 

4 ‘‘(ii) SUFFICIENT INSPECTION.—An 

5 inspection of a dwelling unit shall be suffi6 cient to comply with the inspection require7 ment under clause (i) if— 

8 ‘‘(I) the inspection was conducted 

9 pursuant to requirements under a 

10 Federal, State, or local housing assist11 ance program (including the HOME 

12 investment partnerships program 

13 under title II of the Cranston-Gon14 zalez National Affordable Housing 

15 Act (42 U.S.C. 12721 et seq.)); and 

16 ‘‘(II) pursuant to such inspec17 tion, the dwelling was determined to 

18 meet the standards or requirements 

19 regarding housing quality or safety 

20 applicable to units assisted under such 

21 program, and the public housing 

22 agency has certified to the Secretary 

23 that such standards or requirements 

24 provide the same protection to occu25 pants of dwelling units meeting such 


pwalker on PROD1PC71 with BILLS
5 

•HR 1851 IH

1 standards or requirements as, or 

2 greater protection than, the housing 

3 quality standards under subparagraph 

4 (B).’’. 

5 SEC. 3. RENT REFORM AND INCOME REVIEWS. 

6 (a) RENT FOR PUBLIC HOUSING AND SECTION 8 

7 PROGRAMS.—Section 3 of the United States Housing Act 

8 of 1937 (42 U.S.C. 1437a(a)) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1) by inserting ‘‘LOW11 INCOME OCCUPANCY REQUIREMENT AND RENT12 AL PAYMENTS.—’’ after ‘‘(1)’’; and 

13 (B) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(6) REVIEWS OF FAMILY INCOME.— 

16 ‘‘(A) FREQUENCY.—Reviews of family in17 come for purposes of this section shall be 

18 made— 

19 ‘‘(i) in the case of all families, upon 

20 the initial provision of housing assistance 

21 for the family; 

22 ‘‘(ii) annually thereafter, except as 

23 provided in subparagraph (B)(i); 

24 ‘‘(iii) upon the request of the family, 

25 at any time the income or deductions 


pwalker on PROD1PC71 with BILLS
6 

•HR 1851 IH

1 (under subsection (b)(5)) of the family 

2 change by an amount that is estimated to 

3 result in a decrease of $1,500 (or such 

4 lower amount as the public housing agency 

5 may, at the option of the agency, establish) 

6 or more in annual adjusted income; and 

7 ‘‘(iv) at any time the income or deduc8 tions (under subsection (b)(5)) of the fam9 ily change by an amount that is estimated 

10 to result in an increase of $1,500 or more 

11 in annual adjusted income, except that any 

12 increase in the earned income of a family 

13 shall not be considered for purposes of this 

14 clause (except that earned income may be 

15 considered if the increase corresponds to 

16 previous decreases under clause (iii)). 

17 ‘‘(B) FIXED-INCOME FAMILIES.— 

18 ‘‘(i) SELF CERTIFICATION AND 3-YEAR

19 REVIEW.—In the case of any family de20 scribed in clause (ii), after the initial re21 view of the family’s income pursuant to 

22 subparagraph (A)(i), the public housing 

23 agency or owner shall not be required to 

24 conduct a review of the family’s income 

25 pursuant to subparagraph (A)(ii) for any 


pwalker on PROD1PC71 with BILLS
7 

•HR 1851 IH

1 year for which such family certifies, in ac2 cordance with such requirements as the 

3 Secretary shall establish, that the income 

4 of the family meets the requirements of 

5 clause (ii) of this subparagraph, except 

6 that the public housing agency or owner 

7 shall conduct a review of each such fam8 ily’s income not less than once every 3 

9 years. 

10 ‘‘(ii) ELIGIBLE FAMILIES.—A family 

11 described in this clause is a family who has 

12 an income, as of the most recent review 

13 pursuant to subparagraph (A) or clause (i) 

14 of this subparagraph, of which 90 percent 

15 or more consists of fixed income, as such 

16 term is defined in clause (iii). 

17 ‘‘(iii) FIXED INCOME.—For purposes 

18 of this subparagraph, the term ‘fixed in19 come’ includes income from— 

20 ‘‘(I) the supplemental security in21 come program under title XVI of the 

22 Social Security Act, including supple23 mentary payments pursuant to an 

24 agreement for Federal administration 

25 under section 1616(a) of the Social 


pwalker on PROD1PC71 with BILLS
8 

•HR 1851 IH

1 Security Act and payments pursuant 

2 to an agreement entered into under 

3 section 212(b) of Public Law 93–66; 

4 ‘‘(II) Social Security payments; 

5 ‘‘(III) Federal, State, local and 

6 private pension plans; and 

7 ‘‘(IV) other periodic payments re8 ceived from annuities, insurance poli9 cies, retirement funds, disability or 

10 death benefits, and other similar types 

11 of periodic receipts. 

12 ‘‘(C) IN GENERAL.—Reviews of family in13 come for purposes of this section shall be sub14 ject to the provisions of section 904 of the 

15 Stewart B. McKinney Homeless Assistance 

16 Amendments Act of 1988. 

17 ‘‘(7) CALCULATION OF INCOME.— 

18 ‘‘(A) USE OF PRIOR YEAR’S INCOME.—Ex19 cept as otherwise provided in this paragraph, in 

20 determining the income of a family for a year, 

21 a public housing agency or owner may use the 

22 income of the family as determined by the agen23 cy or owner for the preceding year, taking into 

24 consideration any redetermination of income 


pwalker on PROD1PC71 with BILLS
9 

•HR 1851 IH

1 during such prior year pursuant to clause (iii) 

2 or (iv) of paragraph (6)(A). 

3 ‘‘(B) EARNED INCOME.—For purposes of 

4 this section, the earned income of a family for 

5 a year shall be the amount of earned income by 

6 the family in the prior year minus an amount 

7 equal to 10 percent of the lesser of such prior 

8 year’s earned income or $10,000, except that 

9 the income of a family for purposes of section 

10 16 (relating to eligibility for assisted housing 

11 and income mix) shall be determined without 

12 regard to any reduction under this subpara13 graph. 

14 ‘‘(C) INFLATIONARY ADJUSTMENT FOR

15 FIXED INCOME FAMILIES.—If, for any year, a 

16 public housing agency or owner determines the 

17 income for any family described in paragraph 

18 (6)(B)(ii), or the amount of fixed income of any 

19 other family, based on the prior year’s income 

20 or fixed income, respectively, pursuant to sub21 paragraph (A), such prior year’s income or 

22 fixed income, respectively, shall be adjusted by 

23 applying an inflationary factor as the Secretary 

24 shall, by regulation, establish. 


pwalker on PROD1PC71 with BILLS
10 

•HR 1851 IH

1 ‘‘(D) OTHER INCOME.—If, for any year, a 

2 public housing agency or owner determines the 

3 income for any family based on the prior year’s 

4 income, with respect to prior year calculations 

5 of types of income not subject to subparagraph 

6 (B), a public housing agency or owner may 

7 make other adjustments as it considers appro8 priate to reflect current income. 

9 ‘‘(E) SAFE HARBOR.—A public housing 

10 agency or owner may, to the extent such infor11 mation is available to the public housing agency 

12 or owner, determine the family’s income for 

13 purposes of this section based on timely income 

14 determinations made for purposes of other 

15 means-tested Federal public assistance pro16 grams (including the program for block grants 

17 to States for temporary assistance for needy 

18 families under part A of title IV of the Social 

19 Security Act, a program for medicaid assistance 

20 under a State plan approved under title XIX of 

21 the Social Security Act, and the food stamp 

22 program as defined in section 3(h) of the Food 

23 Stamp Act of 1977). 

24 ‘‘(F) PHA AND OWNER COMPLIANCE.—A 

25 public housing agency or owner may not be conVerDate Aug 31 2005 21:25 Apr 12, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1851.IH H1851

pwalker on PROD1PC71 with BILLS
11 

•HR 1851 IH

1 sidered to fail to comply with this paragraph or 

2 paragraph (6) due solely to any de minimus er3 rors made by the agency or owner in calculating 

4 family incomes.’’; 

5 (2) by striking subsections (d) and (e); and 

6 (3) by redesignating subsection (f) as sub7 section (d). 

8 (b) INCOME.—Section 3(b) of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended— 

10 (1) by striking paragraph (4) and inserting the 

11 following new paragraph: 

12 ‘‘(4) INCOME.—The term ‘income’ means, with 

13 respect to a family, income received from all sources 

14 by each member of the household who is 18 years 

15 of age or older or is the head of household, as deter16 mined in accordance with criteria prescribed by the 

17 Secretary, in consultation with the Secretary of Ag18 riculture, subject to the following requirements: 

19 ‘‘(A) INCLUDED AMOUNTS.—Such term in20 cludes recurring gifts and receipts, actual in21 come from assets, and profit or loss from a 

22 business. 

23 ‘‘(B) EXCLUDED AMOUNTS.—Such term 

24 does not include— 


pwalker on PROD1PC71 with BILLS
12 

•HR 1851 IH

1 ‘‘(i) any imputed return on assets; 

2 and 

3 ‘‘(ii) any amounts that would be eligi4 ble for exclusion under section 1613(a)(7) 

5 of the Social Security Act (42 U.S.C. 

6 1382b(a)(7)). 

7 ‘‘(C) EARNED INCOME OF STUDENTS.— 

8 Such term does not include earned income of 

9 any dependent earned during any period that 

10 such dependent is attending school on a full11 time basis. 

12 ‘‘(D) OTHER EXCLUSIONS.—Such term 

13 shall not include other exclusions from income 

14 as are established by the Secretary or any 

15 amount required by Federal law to be excluded 

16 from consideration as income. The Secretary 

17 may not require a public housing agency or 

18 owner to maintain records of any amounts ex19 cluded from income pursuant to this subpara20 graph.’’; and 

21 (2) by striking paragraph (5) and inserting the 

22 following new paragraph: 

23 ‘‘(5) ADJUSTED INCOME.—The term ‘adjusted 

24 income’ means, with respect to a family, the amount 

25 (as determined by the public housing agency or 


pwalker on PROD1PC71 with BILLS
13 

•HR 1851 IH

1 owner) of the income of the members of the family 

2 residing in a dwelling unit or the persons on a lease, 

3 after any deductions from income as follows: 

4 ‘‘(A) ELDERLY AND DISABLED FAMI5 LIES.—$725 in the case of any family that is 

6 an elderly family or a disabled family. 

7 ‘‘(B) DEPENDENTS.—In the case of any 

8 family that includes a member or members 

9 who— 

10 ‘‘(i) are less than 18 years of age or 

11 attending school or vocational training on 

12 a full-time basis; or 

13 ‘‘(ii) is a person with disabilities who 

14 is 18 years of age or older and resides in 

15 the household, 

16 $500 for each such member. 

17 ‘‘(C) HEALTH AND MEDICAL EXPENSES.— 

18 The amount, if any, by which 10 percent of an19 nual family income is exceeded by the sum of— 

20 ‘‘(i) in the case of any elderly or dis21 abled family, any unreimbursed health and 

22 medical care expenses; and 

23 ‘‘(ii) any unreimbursed reasonable at24 tendant care and auxiliary apparatus ex25 penses for each handicapped member of 


pwalker on PROD1PC71 with BILLS
14 

•HR 1851 IH

1 the family, to the extent necessary to en2 able any member of such family to be em3 ployed. 

4 ‘‘(D) PERMISSIVE DEDUCTIONS.—Such ad5 ditional deductions as a public housing agency 

6 may, at its discretion, establish, except that the 

7 Secretary shall establish procedures to ensure 

8 that such deductions do not increase Federal 

9 expenditures. 

10 The Secretary shall annually adjust the amounts of 

11 the exclusions under subparagraphs (A) and (B), as 

12 such amounts may have been previously adjusted, by 

13 applying an inflationary factor as the Secretary 

14 shall, by regulation, establish. If the dollar amount 

15 of any such exclusion determined for any year by ap16 plying such inflationary factor is not a multiple of 

17 $25, the Secretary shall round such amount to the 

18 next lowest multiple of $25.’’. 

19 (c) HOUSING CHOICE VOUCHER PROGRAM.—Para20 graph (5) of section 8(o) of the United States Housing 

21 Act of 1937 (42 U.S.C. 1437f(o)(5)) is amended— 

22 (1) in the paragraph heading, by striking ‘‘AN23 NUAL REVIEW’’ and inserting ‘‘REVIEWS’’; 

24 (2) in subparagraph (A)— 


pwalker on PROD1PC71 with BILLS
15 

•HR 1851 IH

1 (A) by striking ‘‘the provisions of’’ and in2 serting ‘‘paragraphs (6) and (7) of section 3(a) 

3 and to’’; and 

4 (B) by striking ‘‘and shall be conducted 

5 upon the initial provision of housing assistance 

6 for the family and thereafter not less than an7 nually’’; and 

8 (3) in subparagraph (B), by striking the second 

9 sentence. 

10 (d) ENHANCED VOUCHER PROGRAM.—Section 

11 8(t)(1)(D) of the United States Housing Act of 1937 (42 

12 U.S.C. 1437f(t)(1)(D)) is amended by striking ‘‘income’’ 

13 and inserting ‘‘annual adjusted income’’. 

14 (e) EFFECTIVE DATE AND TRANSITION.—The 

15 amendments made by this section shall apply with respect 

16 to fiscal year 2008 and fiscal years thereafter. 

17 SEC. 4. ELIGIBILITY FOR ASSISTANCE BASED ON ASSETS 

18 AND INCOME. 

19 (a) ASSETS.—Section 16 of the United States Hous20 ing Act of 1937 (42 U.S.C. 1437n) is amended by insert21 ing after subsection (d) the following new subsection: 

22 ‘‘(e) ELIGIBILITY FOR ASSISTANCE BASED ON AS23 SETS.— 

24 ‘‘(1) LIMITATION ON ASSETS.—Subject to para25 graph (3) and notwithstanding any other provision 


pwalker on PROD1PC71 with BILLS
16 

•HR 1851 IH

1 of this Act, a dwelling unit assisted under this Act 

2 may not be rented and assistance under this Act 

3 may not be provided, either initially or at each recer4 tification of family income, to any family— 

5 ‘‘(A) whose net family assets exceed 

6 $100,000, as such amount is adjusted annually 

7 by applying an inflationary factor as the Sec8 retary considers appropriate; or 

9 ‘‘(B) who has a present ownership interest 

10 in, and a legal right to reside in, real property 

11 that is suitable for occupancy as a residence, 

12 except that the prohibition under this subpara13 graph shall not apply to— 

14 ‘‘(i) any property for which the family 

15 is receiving assistance under this Act; 

16 ‘‘(ii) any person that is a victim of do17 mestic violence; or 

18 ‘‘(iii) any family that is making a 

19 good faith effort to sell such property. 

20 ‘‘(2) NET FAMILY ASSETS.— 

21 ‘‘(A) IN GENERAL.—For purposes of this 

22 subsection, the term ‘net family assets’ means, 

23 for all members of the household, the net cash 

24 value of all assets after deducting reasonable 

25 costs that would be incurred in disposing of real 


pwalker on PROD1PC71 with BILLS
17 

•HR 1851 IH

1 property, savings, stocks, bonds, and other 

2 forms of capital investment. Such term does not 

3 include interests in Indian trust land, equity ac4 counts in homeownership programs of the De5 partment of Housing and Urban Development, 

6 or Family Self Sufficiency accounts. 

7 ‘‘(B) EXCLUSIONS.—Such term does not 

8 include— 

9 ‘‘(i) the value of personal property, ex10 cept for items of personal property of sig11 nificant value, as the public housing agen12 cy may determine; 

13 ‘‘(ii) the value of any retirement ac14 count; and 

15 ‘‘(iii) any amounts recovered in any 

16 civil action or settlement based on a claim 

17 of malpractice, negligence, or other breach 

18 of duty owed to a member of the family 

19 and arising out of law, that resulted in a 

20 member of the family being disabled 

21 (under the meaning given such term in 

22 section 1614 of the Social Security Act (42 

23 U.S.C. 1382c)). 

24 ‘‘(C) TRUST FUNDS.—In cases where a 

25 trust fund has been established and the trust is 


pwalker on PROD1PC71 with BILLS
18 

•HR 1851 IH

1 not revocable by, or under the control of, any 

2 member of the family or household, the value of 

3 the trust fund shall not be considered an asset 

4 of a family if the fund continues to be held in 

5 trust. Any income distributed from the trust 

6 fund shall be considered income for purposes of 

7 section 3(b) and any calculations of annual 

8 family income, except in the case of medical ex9 penses for a minor. 

10 ‘‘(D) SELF-CERTIFICATION.—A public 

11 housing agency or owner may determine the net 

12 assets of a family, for purposes of this section, 

13 based on the amounts reported by the family at 

14 the time the agency or owner reviews the fam15 ily’s income. 

16 ‘‘(3) COMPLIANCE FOR PUBLIC HOUSING

17 DWELLING UNITS.—When recertifying family income 

18 with respect to families residing in public housing 

19 dwelling units, a public housing agency may, in the 

20 discretion of the agency and only pursuant to a pol21 icy that is set forth in the public housing agency 

22 plan under section 5A for the agency, choose not to 

23 enforce the limitation under paragraph (1). 

24 ‘‘(4) AUTHORITY TO DELAY EVICTIONS.—In the 

25 case of a family residing in a dwelling unit assisted 


pwalker on PROD1PC71 with BILLS
19 

•HR 1851 IH

1 under this Act who does not comply with the limita2 tion under paragraph (1), the public housing agency 

3 or project owner may delay eviction of the family 

4 based on such noncompliance for a period of not 

5 more than 6 months.’’. 

6 (b) INCOME.—The United States Housing Act of 

7 1937 is amended— 

8 (1) in section 3(a)(1) (42 U.S.C. 1437a(a)(1)), 

9 by striking the first sentence and inserting the fol10 lowing: ‘‘Dwelling units assisted under this Act may 

11 be rented, and assistance under this Act may be pro12 vided, whether initially or at time of recertification, 

13 only to families who are low-income families at the 

14 time such initial or continued assistance, respec15 tively, is provided. When recertifying family income 

16 with respect to families residing in public housing 

17 dwelling units, a public housing agency may, in the 

18 discretion of the agency and only pursuant to a pol19 icy that is set forth in the public housing agency 

20 plan under section 5A for the agency, choose not to 

21 enforce the prohibition under the preceding sentence. 

22 When recertifying family income with respect to 

23 families residing in dwelling units for which project24 based assistance is provided, a project owner may, in 

25 the owner’s discretion and only pursuant to a policy 


pwalker on PROD1PC71 with BILLS
20 

•HR 1851 IH

1 adopted by such owner, choose not to enforce such 

2 prohibition. In the case of a family residing in a 

3 dwelling unit assisted under this Act who does not 

4 comply with the prohibition under the first sentence 

5 of this paragraph, the public housing agency or 

6 project owner may delay eviction of the family based 

7 on such noncompliance for a period of not more than 

8 6 months.’’; and 

9 (2) in section 8(o)(4) (42 U.S.C. 1437f(o)(4)), 

10 by striking the matter preceding subparagraph (A) 

11 and inserting the following: 

12 ‘‘(4) ELIGIBLE FAMILIES.—Assistance under 

13 this subsection may be provided, whether initially or 

14 at each recertification, only pursuant to subsection 

15 (t) to a family eligible for assistance under such sub16 section or to a family who at the time of such initial 

17 or continued assistance, respectively, is a low-income 

18 family that is—’’. 

19 SEC. 5. TARGETING ASSISTANCE TO LOW-INCOME WORK20 ING FAMILIES. 

21 (a) VOUCHERS.—Section 16(b)(1) of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437n(b)(1)) is 

23 amended— 

24 (1) by inserting after ‘‘do not exceed’’ the fol25 lowing: ‘‘the higher of (A) the poverty line (as such 


pwalker on PROD1PC71 with BILLS
21 

•HR 1851 IH

1 term is defined in section 673 of the Omnibus Budg2 et Reconciliation Act of 1981 (42 U.S.C. 9902), in3 cluding any revision required by such section) appli4 cable to a family of the size involved, or (B)’’; and 

5 (2) by inserting before the period at the end the 

6 following: ‘‘; and except that clause (A) of this sen7 tence shall not apply in the case of families residing 

8 in Puerto Rico or any other territory or possession 

9 of the United States’’. 

10 (b) PUBLIC HOUSING.—Section 16(a)(2)(A) of the 

11 United States Housing Act of 1937 (42 U.S.C. 

12 1437n(a)(2)(A)) is amended— 

13 (1) by inserting after ‘‘do not exceed’’ the fol14 lowing: ‘‘the higher of (i) the poverty line (as such 

15 term is defined in section 673 of the Omnibus Budg16 et Reconciliation Act of 1981 (42 U.S.C. 9902), in17 cluding any revision required by such section) appli18 cable to a family of the size involved, or (ii)’’; and 

19 (2) by inserting before the period at the end the 

20 following: ‘‘; and except that clause (i) of this sen21 tence shall not apply in the case of families residing 

22 in Puerto Rico or any other territory or possession 

23 of the United States’’. 


pwalker on PROD1PC71 with BILLS
22 

•HR 1851 IH

1 (c) PROJECT-BASED SECTION 8 ASSISTANCE.—Sec2 tion 16(b)(1) of the United States Housing Act of 1937 

3 (42 U.S.C. 1437n(b)(1)) is amended— 

4 (1) by inserting after ‘‘do not exceed’’ the fol5 lowing: ‘‘the higher of (A) the poverty line (as such 

6 term is defined in section 673 of the Omnibus Budg7 et Reconciliation Act of 1981 (42 U.S.C. 9902), in8 cluding any revision required by such section) appli9 cable to a family of the size involved, or (B)’’; and 

10 (2) by inserting before the period at the end the 

11 following: ‘‘; and except that clause (A) of this sen12 tence shall not apply in the case of families residing 

13 in Puerto Rico or any other territory or possession 

14 of the United States’’. 

15 SEC. 6. VOUCHER RENEWAL FUNDING. 

16 (a) IN GENERAL.—Section 8 of the United States 

17 Housing Act of 1937 (42 U.S.C. 1437f) is amended by 

18 striking subsection (dd) and inserting the following new 

19 subsection: 

20 ‘‘(dd) TENANT-BASED VOUCHERS.— 

21 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated, for each of 

23 fiscal years 2008 through 2012, such sums as may 

24 be necessary for tenant-based assistance under sub25 section (o) for the following purposes: 


pwalker on PROD1PC71 with BILLS
23 

•HR 1851 IH

1 ‘‘(A) To renew all expiring annual con2 tributions contracts for tenant-based rental as3 sistance. 

4 ‘‘(B) To provide tenant-based rental assist5 ance for— 

6 ‘‘(i) relocation and replacement of 

7 housing units that are demolished or dis8 posed of pursuant to the Omnibus Consoli9 dated Rescissions and Appropriations Act 

10 of 1996 (Public Law 104–134); 

11 ‘‘(ii) conversion of section 23 projects 

12 to assistance under this section; 

13 ‘‘(iii) the family unification program 

14 under subsection (x) of this section; 

15 ‘‘(iv) relocation of witnesses in con16 nection with efforts to combat crime in 

17 public and assisted housing pursuant to a 

18 request from a law enforcement or pros19 ecution agency; 

20 ‘‘(v) enhanced vouchers authorized 

21 under subsection (t) of this section; 

22 ‘‘(vi) vouchers in connection with the 

23 HOPE VI program under section 24; 

24 ‘‘(vii) demolition or disposition of pub25 lic housing units pursuant to section 18 of 


pwalker on PROD1PC71 with BILLS
24 

•HR 1851 IH

1 the United States Housing Act of 1937 

2 (42 U.S.C. 1437p); 

3 ‘‘(viii) mandatory and voluntary con4 versions of public housing to vouchers, pur5 suant to sections 33 and 22 of the United 

6 States Housing Act of 1937, respectively 

7 (42 U.S.C. 1437z–5, 1437t); 

8 ‘‘(ix) vouchers necessary to comply 

9 with a consent decree or court order; 

10 ‘‘(x) vouchers to replace dwelling units 

11 that cease to receive project-based assist12 ance under subsection (b), (c), (d), (e), or 

13 (v) of this section; 

14 ‘‘(xi) tenant protection assistance, in15 cluding replacement and relocation assist16 ance; and 

17 ‘‘(xii) emergency voucher assistance 

18 for the protection of victims of domestic vi19 olence, dating violence, sexual assault, or 

20 stalking. 

21 Subject only to the availability of sufficient 

22 amounts provided in appropriation Acts, the 

23 Secretary shall provide tenant-based rental as24 sistance to replace all dwelling units that cease 


pwalker on PROD1PC71 with BILLS
25 

•HR 1851 IH

1 to be available as assisted housing as a result 

2 of clause (i), (ii), (v), (vi), (vii), (viii), or (x). 

3 ‘‘(2) ALLOCATION OF RENEWAL FUNDING

4 AMONG PUBLIC HOUSING AGENCIES.— 

5 ‘‘(A) From amounts appropriated for each 

6 year pursuant to paragraph (1)(A), the Sec7 retary shall provide renewal funding for each 

8 public housing agency— 

9 ‘‘(i) based on leasing and costs from 

10 the preceding calendar year, as adjusted by 

11 an annual adjustment factor to be estab12 lished by the Secretary; 

13 ‘‘(ii) by making any adjustments nec14 essary to provide for the first-time renewal 

15 of vouchers funded under paragraph 

16 (1)(B); and 

17 ‘‘(iii) by making such other adjust18 ments as the Secretary considers appro19 priate, including adjustments necessary to 

20 address changes in voucher utilization 

21 rates and voucher costs related to natural 

22 and other major disasters. 

23 ‘‘(B) LEASING AND COST DATA.—For pur24 poses of subparagraph (A)(i), leasing and cost 

25 data shall be calculated annually by using the 


pwalker on PROD1PC71 with BILLS
26 

•HR 1851 IH

1 average for the preceding calendar year. Such 

2 leasing data shall be adjusted to include vouch3 ers that were set aside under a commitment to 

4 provide project-based assistance under sub5 section (o)(13) and to exclude amounts funded 

6 through advances under paragraph (3). 

7 ‘‘(C) MOVING TO WORK.—Notwithstanding 

8 subparagraphs (A) and (B), each public hous9 ing agency participating at any time in the 

10 moving to work demonstration under section 

11 204 of the Departments of Veterans Affairs 

12 and Housing and Urban Development, and 

13 Independent Agencies Appropriations Act, 1996 

14 (42 U.S.C. 1437f note) shall be funded pursu15 ant to its agreement under such program and 

16 shall be subject to any pro rata adjustment 

17 made under subparagraph (D)(i). 

18 ‘‘(D) PRO RATA ALLOCATION.— 

19 ‘‘(i) INSUFFICIENT FUNDS.—To the 

20 extent that amounts made available for a 

21 fiscal year are not sufficient to provide 

22 each public housing agency with the full al23 location for the agency determined pursu24 ant to subparagraphs (A) and (C), the 

25 Secretary shall reduce such allocation for 


pwalker on PROD1PC71 with BILLS
27 

•HR 1851 IH

1 each agency on a pro rata basis, except 

2 that renewal funding of enhanced vouchers 

3 under section 8(t) shall not be subject to 

4 such proration. 

5 ‘‘(ii) EXCESS FUNDS.—To the extent 

6 that amounts made available for a fiscal 

7 year exceed the amount necessary to pro8 vide each housing agency with the full allo9 cation for the agency determined pursuant 

10 to subparagraphs (A) and (C), such excess 

11 amounts shall be used for the purposes 

12 specified in subparagraphs (B) and (D) of 

13 paragraph (4). 

14 ‘‘(3) ADVANCES.— 

15 ‘‘(A) AUTHORITY.—During the last 3 

16 months of each calendar year, the Secretary 

17 shall provide amounts to any public housing 

18 agency, at the request of the agency, in an 

19 amount up to two percent of the allocation for 

20 the agency for such calendar year, subject to 

21 subparagraph (C). 

22 ‘‘(B) USE.—Amounts advanced under sub23 paragraph (A) may be used to pay for addi24 tional voucher costs, including costs related to 

25 temporary overleasing. 


pwalker on PROD1PC71 with BILLS
28 

•HR 1851 IH

1 ‘‘(C) USE OF PRIOR YEAR AMOUNTS.— 

2 During the last 3 months of a calendar year, if 

3 amounts previously provided to a public housing 

4 agency for tenant-based assistance for such 

5 year or for previous years remain unobligated 

6 and available to the agency— 

7 ‘‘(i) the agency shall exhaust such 

8 amounts to cover any additional voucher 

9 costs under subparagraph (B) before 

10 amounts advanced under subparagraph (A) 

11 may be so used; and 

12 ‘‘(ii) the amount that may be ad13 vanced under subparagraph (A) to the 

14 agency shall be reduced by an amount 

15 equal to the total of such previously pro16 vided and unobligated amounts. 

17 ‘‘(D) REPAYMENT.—Amounts advanced 

18 under subparagraph (A) in a calendar year 

19 shall be repaid to the Secretary in the subse20 quent calendar year by reducing the amounts 

21 made available for such agency for such subse22 quent calendar year pursuant to allocation 

23 under paragraph (2) by an amount equal to the 

24 amount so advanced to the agency. 

25 ‘‘(4) RECAPTURE.— 


pwalker on PROD1PC71 with BILLS
29 

•HR 1851 IH

1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 recapture, from amounts provided under the 

3 annual contributions contract for a public hous4 ing agency for a calendar year, all accumulated 

5 amounts allocated under paragraph (2) and 

6 from previous years that are unused by the 

7 agency at the end of each calendar year ex8 cept— 

9 ‘‘(i) with respect to the recapture 

10 under this subparagraph at the end of 

11 2007, an amount equal to one twelfth the 

12 amount allocated to the public housing 

13 agency for such year pursuant to para14 graph (2)(A); and 

15 ‘‘(ii) with respect to the recapture 

16 under this subparagraph at the end of 

17 each of 2008, 2009, 2010, and 2011, an 

18 amount equal to 2 percent of such amount 

19 allocated to the agency for such year. 

20 ‘‘(B) REALLOCATION.—Not later than May 

21 1 of each calendar year, the Secretary shall— 

22 ‘‘(i) calculate the aggregate unused 

23 amounts for the preceding year recaptured 

24 pursuant to subparagraph (A); 


pwalker on PROD1PC71 with BILLS
30 

•HR 1851 IH

1 ‘‘(ii) set aside and make available 

2 such amounts as the Secretary considers 

3 appropriate to reimburse public housing 

4 agencies for increased costs related to port5 ability and family self-sufficiency activities 

6 during such year; and 

7 ‘‘(iii) reallocate all remaining amounts 

8 among public housing agencies, with pri9 ority given based on the extent to which an 

10 agency has utilized the amount allocated 

11 under paragraph (2) for the agency to 

12 serve eligible families. 

13 ‘‘(C) USE.—Amounts reallocated to a pub14 lic housing agency pursuant to subparagraph 

15 (B)(iii) may be used only to increase voucher 

16 leasing rates to the level authorized for the 

17 agency.’’. 

18 (b) ABSORPTION OF VOUCHER FROM OTHER AGEN19 CIES.—Section 8(r)(2) of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437f(r)(2)) is amended by adding 

21 after the period at the end the following: ‘‘The agency 

22 shall absorb the family into its program for voucher assist23 ance under this section and shall have priority to receive 

24 additional funding from the Secretary for the housing asVerDate Aug 31 2005 21:25 Apr 12, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1851.IH H1851

pwalker on PROD1PC71 with BILLS
31 

•HR 1851 IH

1 sistance provided for such family from amounts made 

2 available pursuant to subsection (dd)(4)(B).’’ 

3 SEC. 7. ADMINISTRATIVE FEES. 

4 (a) IN GENERAL.—Section 8(q) of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended— 

6 (1) in paragraph (1), by striking subparagraphs 

7 (B) and (C) and inserting the following new sub8 paragraphs: 

9 ‘‘(B) CALCULATION.—The fee under this 

10 subsection shall— 

11 ‘‘(i) be payable to each public housing 

12 agency for each month for which a dwell13 ing unit is covered by an assistance con14 tract; 

15 ‘‘(ii) include an amount for the cost of 

16 issuing voucher to new participants; and 

17 ‘‘(iii) be updated each year using an 

18 index of changes in wage data or other ob19 jectively measurable data that reflect the 

20 costs of administering the program for 

21 such assistance, as determined by the Sec22 retary. 

23 ‘‘(C) PUBLICATION.—The Secretary shall 

24 cause to be published in the Federal Register 

25 the fee rate for each geographic area.’’; and 


pwalker on PROD1PC71 with BILLS
32 

•HR 1851 IH

1 (2) in paragraph (4), by striking ‘‘1999’’ and 

2 inserting ‘‘2007’’. 

3 (b) REPEAL.—Section 202 of the Departments of 

4 Veterans Affairs and Housing and Urban Development, 

5 and Independent Agencies Appropriations Act, 1997 (42 

6 U.S.C. 1437f note; Public Law 104–204; 110 Stat. 2893) 

7 is hereby repealed. 

8 (c) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall take effect on the date of the enact10 ment of this Act. 

11 SEC. 8. SECTION 8 HOMEOWNERSHIP DOWNPAYMENT PRO12 GRAM. 

13 Section 8(y)(7) of the United States Housing Act of 

14 1937 (42 U.S.C. 1437f(y)(7)) is amended by striking sub15 paragraphs (A) and (B) and inserting the following new 

16 subparagraph: 

17 ‘‘(A) IN GENERAL.—Subject to the provi18 sions of this paragraph, in the case of a family 

19 on whose behalf rental assistance under section 

20 8(o) has been provided for a period of not less 

21 than 12 months prior to the date of receipt of 

22 downpayment assistance under this paragraph, 

23 a public housing agency may, in lieu of pro24 viding monthly assistance payments under this 

25 subsection on behalf of a family eligible for 


pwalker on PROD1PC71 with BILLS
33 

•HR 1851 IH

1 such assistance and at the discretion of the 

2 agency, provide a downpayment assistance 

3 grant in accordance with subparagraph (B). 

4 ‘‘(B) GRANT REQUIREMENTS.—A down5 payment assistance grant under this para6 graph— 

7 ‘‘(i) shall be used by the family only 

8 as a contribution toward the downpayment 

9 and reasonable and customary closing 

10 costs required in connection with the pur11 chase of a home; 

12 ‘‘(ii) shall be in the form of a single 

13 one-time grant; and 

14 ‘‘(iii) may not exceed $10,000. 

15 ‘‘(C) NO EFFECT ON OBTAINING OUTSIDE

16 SOURCES FOR DOWNPAYMENT ASSISTANCE.— 

17 This Act may not be construed to prohibit a 

18 public housing agency from providing downpay19 ment assistance to families from sources other 

20 than a grant provided under this Act, or as de21 termined by the public housing agency.’’. 


pwalker on PROD1PC71 with BILLS
34 

•HR 1851 IH

1 SEC. 9. PHA REPORTING OF RENT PAYMENTS TO CREDIT 

2 REPORTING AGENCIES. 

3 (a) IN GENERAL.—Section 3 of the United States 

4 Housing Act of 1937 (42 U.S.C. 1437a) is amended by 

5 adding at the end the following new subsection: 

6 ‘‘(g) PHA REPORTING OF RENT PAYMENTS TO

7 CREDIT REPORTING AGENCIES.— 

8 ‘‘(1) AUTHORITY.—To the extent that a family 

9 receiving tenant-based housing choice vouchers 

10 under section 8 by a public housing agency agrees 

11 in writing to reporting under this subsection, the 

12 public housing agency may submit to consumer re13 porting agencies described in section 603(p) of the 

14 Fair Credit Reporting Act (15 U.S.C. 1681a) infor15 mation regarding the past rent payment history of 

16 the family with respect to the dwelling unit for 

17 which such assistance is provided. 

18 ‘‘(2) FORMAT.—The Secretary, after consulta19 tion with consumer reporting agencies referred in 

20 paragraph (1), shall establish a system and format 

21 to be used by public housing agencies for reporting 

22 of information under such paragraph that provides 

23 such information in a format and manner that is 

24 similar to other credit information submitted to such 

25 consumer reporting agencies and is usable by such 

26 agencies.’’. 


pwalker on PROD1PC71 with BILLS
35 

•HR 1851 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act. 

4 SEC. 10. PERFORMANCE ASSESSMENTS. 

5 Section 8(o) of the United States Housing Act of 

6 1937 (42 U.S.C. 1437f(o)) is amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(21) PERFORMANCE ASSESSMENTS.— 

9 ‘‘(A) ESTABLISHMENT.—The Secretary 

10 shall, by regulation, establish standards and 

11 procedures for assessing the performance of 

12 public housing agencies in carrying out the pro13 grams for tenant-based rental assistance under 

14 this subsection and for homeownership assist15 ance under subsection (y). 

16 ‘‘(B) CONTENTS.—The standards and pro17 cedures under this paragraph shall provide for 

18 assessment of the performance of public hous19 ing agencies in the following areas: 

20 ‘‘(i) Quality of dwelling units obtained 

21 using such assistance. 

22 ‘‘(ii) Extent of utilization of assist23 ance amounts provided to the agency. 

24 ‘‘(iii) Financial condition of the agen25 cy. 


pwalker on PROD1PC71 with BILLS
36 

•HR 1851 IH

1 ‘‘(iv) Timeliness and accuracy of re2 porting by the agency to the Secretary. 

3 ‘‘(v) Effectiveness in carrying out poli4 cies to achieve deconcentration of poverty. 

5 ‘‘(vi) Such other areas as the Sec6 retary considers appropriate. 

7 ‘‘(C) PERIODIC ASSESSMENT.—Using the 

8 standards and procedures established under this 

9 paragraph, the Secretary shall conduct an as10 sessment of the performance of each public 

11 housing agency carrying out a program referred 

12 to in subparagraph (A) and shall submit a re13 port to the Congress regarding the results of 

14 each such assessment.’’. 

15 SEC. 11. PHA PROJECT-BASED ASSISTANCE. 

16 Section 8(o)(13) of the United States Housing Act 

17 of 1937 (42 U.S.C. 1437f(o)(13)) is amended— 

18 (1) in subparagraph (H), by inserting before 

19 the period at the end of the first sentence the fol20 lowing: ‘‘, except that in the case of a contract unit 

21 that has been allocated low-income housing tax cred22 its and for which the rent limitation pursuant to 

23 such section 42 is less than the amount that would 

24 otherwise be permitted under this subparagraph, the 

25 rent for such unit may, in the sole discretion of a 


pwalker on PROD1PC71 with BILLS
37 

•HR 1851 IH

1 public housing agency, be established at the higher 

2 section 8 rent, subject only to paragraph (10)(A)’’; 

3 and 

4 (2) in subparagraph (I)(i), by inserting before 

5 the semicolon the following: ‘‘, except that the con6 tract may provide that the maximum rent permitted 

7 for a dwelling unit shall not be less than the initial 

8 rent for the dwelling unit under the initial housing 

9 assistance payments contract covering the unit’’. 

10 SEC. 12. REPORTS ON RENT BURDEN. 

11 Section 8(o)(1) of the United States Housing Act of 

12 1937 (42 U.S.C. 1437f(o)(1)) is amended by striking sub13 paragraph (E) and inserting the following new subpara14 graph: 

15 ‘‘(E) REVIEWS.— 

16 ‘‘(i) RENT BURDENS.—The Secretary 

17 shall monitor rent burdens and submit a 

18 report to the Congress annually on the 

19 percentage of families assisted under this 

20 subsection, occupying dwelling units of any 

21 size, that pay more than 30 percent of 

22 their adjusted incomes for rent. Using in23 formation regularly reported by public 

24 housing agencies, the Secretary shall pro25 vide public housing agencies, on an annual 


pwalker on PROD1PC71 with BILLS
38 

•HR 1851 IH

1 basis, a report with the information de2 scribed in the first sentence of this clause, 

3 and may require a public housing agency 

4 to modify a payment standard that results 

5 in a significant percentage of families as6 sisted under this subsection, occupying 

7 dwelling units of any size, paying more 

8 than 30 percent of their adjusted incomes 

9 for rent. 

10 ‘‘(ii) CONCENTRATION OF POVERTY.— 

11 The Secretary shall submit a report to the 

12 Congress annually on the degree to which 

13 families assisted under this subsection in 

14 each metropolitan area are clustered in 

15 lower rent, higher poverty areas and how, 

16 and the extent to which, greater geo17 graphic distribution of such assisted fami18 lies could be achieved, including by increas19 ing payment standards for particular com20 munities within such metropolitan areas.’’. 

21 SEC. 13. EFFECTIVE DATE. 

22 Except as otherwise specifically provided in this Act, 

23 this Act and the amendments made by this Act, shall take 

24 effect on January 1, 2008. 

Æ 


pwalker on PROD1PC71 with BILLS