I 

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. 

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 ‘‘Housing Authority 

5 Funding Fairness Act of 2007’’. 

6 SEC. 2. VOUCHER RENEWAL FUNDING. 

7 Section 8 of the United States Housing Act of 1937 

8 (42 U.S.C. 1437f) is amended by striking subsection (dd) 

9 and inserting the following new subsection: 

10 ‘‘(dd) TENANT-BASED VOUCHERS.— 


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1 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated, for each of 

3 fiscal years 2008 through 2012, such sums as may 

4 be necessary for tenant-based assistance under sub5 section (o) for the following purposes: 

6 ‘‘(A) To renew all expiring annual con7 tributions contracts for tenant-based rental as8 sistance. 

9 ‘‘(B) To provide tenant-based rental assist10 ance for— 

11 ‘‘(i) relocation and replacement of 

12 housing units that are demolished or dis13 posed of pursuant to the Omnibus Consoli14 dated Rescissions and Appropriations Act 

15 of 1996 (Public Law 104–134); 

16 ‘‘(ii) conversion of section 23 projects 

17 to assistance under this section; 

18 ‘‘(iii) the family unification program 

19 under subsection (x) of this section; 

20 ‘‘(iv) relocation of witnesses in con21 nection with efforts to combat crime in 

22 public and assisted housing pursuant to a 

23 request from a law enforcement or pros24 ecution agency; 


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1 ‘‘(v) enhanced vouchers authorized 

2 under subsection (t) of this section; 

3 ‘‘(vi) vouchers in connection with the 

4 HOPE VI program under section 24; 

5 ‘‘(vii) demolition or disposition of pub6 lic housing units pursuant to section 18 of 

7 the United States Housing Act of 1937 

8 (42 U.S.C. 1437p); 

9 ‘‘(viii) mandatory and voluntary con10 versions of public housing to vouchers, pur11 suant to sections 33 and 22 of the United 

12 States Housing Act of 1937, respectively 

13 (42 U.S.C. 1437z–5, 1437t); 

14 ‘‘(ix) vouchers necessary to comply 

15 with a consent decree or court order; 

16 ‘‘(x) vouchers transferred from an17 other public housing agency; and 

18 ‘‘(xi) tenant protection assistance, in19 cluding replacement and relocation assist20 ance. 

21 ‘‘(2) ALLOCATION OF RENEWAL FUNDING

22 AMONG PUBLIC HOUSING AGENCIES.— 

23 ‘‘(A) From amounts appropriated for each 

24 year pursuant to paragraph (1)(A), the SecVerDate Aug 31 2005 18:03 Jan 22, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202

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1 retary shall provide renewal funding for each 

2 public housing agency— 

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

4 the prior year, as adjusted by an annual 

5 adjustment factor to be established by the 

6 Secretary; 

7 ‘‘(ii) by making any adjustments nec8 essary to provide for the first-time renewal 

9 of vouchers funded under paragraph 

10 (1)(B); and 

11 ‘‘(iii) by making such other adjust12 ments as the Secretary considers appro13 priate. 

14 ‘‘(B) LEASING AND COST DATA.—For pur15 poses of subparagraph (A)(i), leasing and cost 

16 data shall be calculated not less often than bi17 ennially by using the average for the calendar 

18 year that, at the time of such calculation, is the 

19 most recently completed calendar year for which 

20 the Secretary determines data is available, sub21 stantially verifiable, and complete. Such leasing 

22 data shall be adjusted to include vouchers that 

23 were set aside under a commitment to provide 

24 project-based assistance under subsection 

25 (o)(13). 


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

2 subparagraphs (A) and (B), each public hous3 ing agency participating at any time in the 

4 moving to work demonstration under section 

5 204 of the Departments of Veterans Affairs 

6 and Housing and Urban Development, and 

7 Independent Agencies Appropriations Act, 1996 

8 (42 U.S.C. 1437f note) or in the Moving to 

9 Work program under section 36 of this Act 

10 shall be funded pursuant to its agreement 

11 under such program and shall be subject to any 

12 pro rata adjustment made under subparagraph 

13 (D). 

14 ‘‘(D) PRO RATA ALLOCATION.— 

15 ‘‘(i) INSUFFICIENT FUNDS.—To the 

16 extent that amounts made available for a 

17 fiscal year are not sufficient to provide 

18 each public housing agency with the full al19 location for the agency determined pursu20 ant to subparagraphs (A) and (C), the 

21 Secretary shall reduce such allocation for 

22 each agency on a pro rata basis, except 

23 that renewal funding of enhanced vouchers 

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

25 such proration. 


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1 ‘‘(ii) EXCESS FUNDS.—To the extent 

2 that amounts made available for a fiscal 

3 year exceed the amount necessary to pro4 vide each housing agency with the full allo5 cation for the agency determined pursuant 

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

7 amounts shall be used for the purposes 

8 specified in subparagraphs (B) and (C) of 

9 paragraph (4). 

10 ‘‘(3) ADVANCES.— 

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

12 months of each calendar year, the Secretary 

13 shall provide amounts to any public housing 

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

15 amount up to two percent of the allocation for 

16 the agency for such calendar year. 

17 ‘‘(B) USE.—Amounts advanced under sub18 paragraph (A) may be used to pay for addi19 tional voucher costs, including costs related to 

20 temporary overleasing. 

21 ‘‘(C) REPAYMENT.—Amounts advanced 

22 under subparagraph (A) in a calendar year 

23 shall be repaid to the Secretary in the subse24 quent calendar year by reducing the amounts 

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1 quent calendar year pursuant to allocation 

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

3 amount so advanced to the agency. 

4 ‘‘(4) RECAPTURE.— 

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

6 recapture, from amounts provided under the 

7 annual contributions contract for a public hous8 ing agency for a calendar year, all amounts al9 located under paragraph (2) that are unused by 

10 the agency at the end of each calendar year. 

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

12 1 of each calendar year, the Secretary shall— 

13 ‘‘(i) calculate the aggregate unused 

14 amounts for the preceding year recaptured 

15 pursuant to subparagraph (A); 

16 ‘‘(ii) set aside and make available 

17 such amounts as the Secretary considers 

18 appropriate to reimburse public housing 

19 agencies for increased costs related to port20 ability and family self-sufficiency activities 

21 during such year; and 

22 ‘‘(iii) reallocate all remaining amounts 

23 among public housing agencies that, in the 

24 preceding year, used at least 99 percent of 

25 amounts allocated under paragraph (2) for 


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1 the agency and leased fewer than the num2 ber of vouchers authorized for the agency; 

3 except that the Secretary may establish 

4 priority for allocation of such amounts to 

5 public housing agencies that leased fewer 

6 vouchers in such preceding year than in 

7 the 12-month period ending April 1, 2004. 

8 ‘‘(C) USE.—Amounts reallocated to a pub9 lic housing agency pursuant to subparagraph 

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

11 leasing rates to the level authorized for the 

12 agency.’’. 

Æ 


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