IB 

Union Calendar No. 157 

111TH CONGRESS 

1ST SESSION H. R. 3045 

[Report No. 111–277] 

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

States Housing Act of 1937. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2009 

Ms. WATERS (for herself, Mr. FRANK of Massachusetts, Mr. BACA, Mr. 

COHEN, and Mrs. BIGGERT) introduced the following bill; which was referred to the Committee on Financial Services 

SEPTEMBER 30, 2009 

Additional sponsors: Ms. LEE of California, Mr. HINOJOSA, Mr. PIERLUISI, 

and Mr. ISRAEL

SEPTEMBER 30, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 25, 2009] 


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A BILL 

To reform the housing choice voucher program under section 

8 of the United States Housing Act of 1937. 


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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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Sec5 tion 8 Voucher Reform Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Inspection of dwelling units. 

Sec. 3. Rent reform and income reviews. 

Sec. 4. Eligibility for assistance based on assets and income. 

Sec. 5. Targeting assistance to low-income working families. 

Sec. 6. Voucher renewal funding. 

Sec. 7. Administrative fees. 

Sec. 8. Homeownership. 

Sec. 9. PHA reporting of rent payments to credit reporting agencies. 

Sec. 10. Performance assessments. 

Sec. 11. PHA project-based assistance. 

Sec. 12. Rent burdens. 

Sec. 13. Establishment of fair market rent. 

Sec. 14. Screening of applicants. 

Sec. 15. Prohibition on firearms restrictions in federally assisted housing. 

Sec. 16. Enhanced vouchers. 

Sec. 17. Demonstration program waiver authority. 

Sec. 18. Authorization of appropriations. 

Sec. 19. Agency authority for utility payments in certain circumstances. 

Sec. 20. Utility data. 

Sec. 21. Project-based preservation vouchers. 

Sec. 22. Effect of foreclosure on section 8 tenancies. 

Sec. 23. Study to identify obstacles to using vouchers in federally subsidized housing projects. 

Sec. 24. Interagency Council on Homelessness. 

Sec. 25. Study of effects of section 8 program on HUD budget and programs. 

Sec. 26. Housing innovation program. 

Sec. 27. Study of use of income databases to reduce subsidy errors. 

Sec. 28. Acceptable identification requirement. 

Sec. 29. Effective date. 

8 SEC. 2. INSPECTION OF DWELLING UNITS. 

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

10 1937 (42 U.S.C. 1437f(o)(8)) is amended— 


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

2 the following new subparagraph: 

3 ‘‘(A) INITIAL INSPECTION.— 

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

5 unit for which a housing assistance pay6 ment contract is established under this sub7 section, the public housing agency (or other 

8 entity pursuant to paragraph (11)) shall 

9 inspect the unit before any assistance pay10 ment is made to determine whether the 

11 dwelling unit meets the housing quality 

12 standards under subparagraph (B), except 

13 as provided in clause (ii) or (iii) of this 

14 subparagraph. 

15 ‘‘(ii) CORRECTION OF NON-LIFE

16 THREATENING CONDITIONS.—In the case of 

17 any dwelling unit that is determined, pur18 suant to an inspection under clause (i), not 

19 to meet the housing quality standards under 

20 subparagraph (B), assistance payments 

21 may be made for the unit notwithstanding 

22 subparagraph (C) if failure to meet such 

23 standards is a result only of non-life threat24 ening conditions, as such conditions are es25 tablished by the Secretary. A public housing 


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1 agency making assistance payments pursu2 ant to this clause for a dwelling unit shall, 

3 30 days after the beginning of the period for 

4 which such payments are made, suspend 

5 any assistance payments for the unit if any 

6 deficiency resulting in noncompliance with 

7 the housing quality standards has not been 

8 corrected by such time, and may not resume 

9 such payments until each such deficiency 

10 has been corrected. 

11 ‘‘(iii) USE OF ALTERNATIVE INSPEC12 TION METHOD FOR INTERIM PERIOD.—In 

13 the case of any property that within the 

14 previous 12 months has met the require15 ments of an inspection that qualifies as an 

16 alternative inspection method pursuant to 

17 subparagraph (E), a public housing agency 

18 may authorize occupancy before the inspec19 tion under clause (i) has been completed, 

20 and may make assistance payments retro21 active to the beginning of the lease term 

22 after the unit has been determined pursuant 

23 to an inspection under clause (i) to meet the 

24 housing quality standards under subpara25 graph (B).’’; 


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1 (2) by redesignating subparagraph (E) as sub2 paragraph (H); and 

3 (3) by striking subparagraph (D) and inserting 

4 the following new subparagraphs: 

5 ‘‘(D) BIENNIAL INSPECTIONS.— 

6 ‘‘(i) REQUIREMENT.—Each public 

7 housing agency providing assistance under 

8 this subsection (or other entity, as provided 

9 in paragraph (11)) shall, for each assisted 

10 dwelling unit, make inspections not less 

11 often than biennially during the term of the 

12 housing assistance payments contract for 

13 the unit to determine whether the unit is 

14 maintained in accordance with the require15 ments under subparagraph (A). 

16 ‘‘(ii) USE OF ALTERNATIVE INSPEC17 TION METHOD.—The requirement under 

18 clause (i) may be complied with by use of 

19 inspections that qualify as an alternative 

20 inspection method pursuant to subpara21 graph (E). 

22 ‘‘(iii) RECORDS.—The agency (or other 

23 entity) shall retain the records of the inspec24 tion for a reasonable time and shall make 

25 the records available upon request to the 


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1 Secretary, the Inspector General for the De2 partment of Housing and Urban Develop3 ment, and any auditor conducting an audit 

4 under section 5(h). 

5 ‘‘(E) ALTERNATIVE INSPECTION METHOD.— 

6 An inspection of a property shall qualify as an 

7 alternative inspection method for purposes of this 

8 subparagraph if— 

9 ‘‘(i) the inspection was conducted pur10 suant to requirements under a Federal, 

11 State, or local housing assistance program 

12 (including the HOME investment partner13 ships program under title II of the Cran14 ston-Gonzalez National Affordable Housing 

15 Act (42 U.S.C. 12721 et seq.) and the low16 income housing tax credit program under 

17 section 42 of the Internal Revenue Code of 

18 1986); and 

19 ‘‘(ii) pursuant to such inspection, the 

20 property was determined to meet the stand21 ards or requirements regarding housing 

22 quality or safety applicable to units assisted 

23 under such program, and, if a non-Federal 

24 standard was used, the public housing agen25 cy has certified to the Secretary that such 


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1 standards or requirements provide the same 

2 protection to occupants of dwelling units 

3 meeting such standards or requirements as, 

4 or greater protection than, the housing qual5 ity standards under subparagraph (B). 

6 ‘‘(F) INTERIM INSPECTIONS.—Upon notifi7 cation to the public housing agency, by a family 

8 on whose behalf tenant-based rental assistance is 

9 provided under this subsection or by a govern10 ment official, that the dwelling unit for which 

11 such assistance is provided does not comply with 

12 the housing quality standards under subpara13 graph (B), the agency shall inspect the dwelling 

14 unit— 

15 ‘‘(i) in the case of any condition that 

16 is life-threatening, within 24 hours after re17 ceipt of such notice; and 

18 ‘‘(ii) in the case of any condition that 

19 is not life-threatening, within 15 days after 

20 receipt of such notice. 

21 ‘‘(G) ENFORCEMENT OF HOUSING QUALITY

22 STANDARDS.— 

23 ‘‘(i) DETERMINATION OF NONCOMPLI24 ANCE.—A dwelling unit that is covered by 

25 a housing assistance payments contract 


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1 under this subsection shall be considered, for 

2 purposes of subparagraphs (D) and (F), to 

3 be in noncompliance with the housing qual4 ity standards under subparagraph (B) if— 

5 ‘‘(I) the public housing agency or 

6 an inspector authorized by the State or 

7 unit of local government determines 

8 upon inspection of the unit that the 

9 unit fails to comply with such stand10 ards; 

11 ‘‘(II) the agency or inspector noti12 fies the owner of the unit in writing of 

13 such failure to comply; and 

14 ‘‘(III) the failure to comply is not 

15 corrected— 

16 ‘‘(aa) in the case of any such 

17 failure that is a result of life18 threatening conditions, within 24 

19 hours after such notice has been 

20 provided; and 

21 ‘‘(bb) in the case of any such 

22 failure that is a result of non-life 

23 threatening conditions, within 30 

24 days after such notice has been 

25 provided or such other reasonable 


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1 longer period as the public hous2 ing agency may establish. 

3 ‘‘(ii) WITHHOLDING OF ASSISTANCE

4 AMOUNTS DURING CORRECTION.—The pub5 lic housing agency may withhold assistance 

6 amounts under this subsection with respect 

7 to a dwelling unit that does not comply 

8 with housing quality standards under sub9 paragraph (B) as determined pursuant to 

10 an inspection conducted under subpara11 graph (D) or (F). If the unit is brought into 

12 compliance with such housing quality 

13 standards during the periods referred to in 

14 clause (i)(III), the public housing agency 

15 shall recommence assistance payments and 

16 may use any amounts withheld during the 

17 correction period to make assistance pay18 ments relating to the period during which 

19 payments were withheld. 

20 ‘‘(iii) ABATEMENT OF ASSISTANCE

21 AMOUNTS.—The public housing agency shall 

22 abate all of the assistance amounts under 

23 this subsection with respect to a dwelling 

24 unit that is determined, pursuant to clause 

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1 compliance with housing quality standards 

2 under subparagraph (B). Upon completion 

3 of repairs by the public housing agency or 

4 the owner sufficient so that the dwelling 

5 unit complies with such housing quality 

6 standards, the agency shall recommence 

7 payments under the housing assistance pay8 ments contract to the owner of the dwelling 

9 unit. 

10 ‘‘(iv) USE OF ABATED ASSISTANCE TO

11 PAY FOR REPAIRS.— 

12 ‘‘(I) AUTHORITY.—The public 

13 housing agency may use such amounts 

14 abated to make repairs to the dwelling 

15 unit or to contract to have repairs 

16 made, except that a contract to make 

17 repairs may not be entered into with 

18 the inspector for the dwelling unit re19 ferred to in clause (i)(I). 

20 ‘‘(II) ABATED FUNDS.—For pur21 poses of this clause, abated amounts 

22 may include amounts withheld during 

23 the correction period described in 

24 clause (ii) of this subparagraph with 

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1 quently determined under clause (i) to 

2 be in noncompliance with housing 

3 quality standards. 

4 ‘‘(III) LIMITATION OF LIABILITY

5 OF PUBLIC HOUSING AGENCIES.—A 

6 public housing agency that uses its au7 thority under this clause shall not, if 

8 the agency accomplishes the work 

9 through a contractor that is licensed, 

10 bonded, and insured in amounts and 

11 with coverage as required by the Sec12 retary, be liable for any injury or 

13 damages that may result to persons or 

14 to any property owned by the tenant 

15 or owner. 

16 ‘‘(v) NOTIFICATION.—If a public hous17 ing agency providing assistance under this 

18 subsection abates rental assistance pay19 ments pursuant to clause (iii) with respect 

20 to a dwelling unit, the agency shall, upon 

21 commencement of such abatement— 

22 ‘‘(I) notify the tenant and the 

23 owner of the dwelling unit that— 

24 ‘‘(aa) such abatement has 

25 commenced; and 


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1 ‘‘(bb) if the dwelling unit is 

2 not brought into compliance with 

3 housing quality standards within 

4 60 days after the effective date of 

5 the determination of noncompli6 ance under clause (i) or such rea7 sonable longer period as the agen8 cy may establish, the tenant will 

9 have to move; and 

10 ‘‘(II) issue the tenant the nec11 essary forms to allow the tenant to 

12 move to another dwelling unit and 

13 transfer the rental assistance to that 

14 unit. 

15 ‘‘(vi) PROTECTION OF TENANTS.—An 

16 owner of a dwelling unit may not terminate 

17 the tenancy of any tenant because of the 

18 withholding or abatement of assistance pur19 suant to this subparagraph. During the pe20 riod that assistance is abated pursuant to 

21 this subparagraph, the tenant may termi22 nate the tenancy by notifying the owner. 

23 ‘‘(vii) TERMINATION OF LEASE OR AS24 SISTANCE PAYMENTS CONTRACT.—If assist25 ance amounts under this section for a dwellVerDate Nov 24 2008 20:38 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H3045.RH H3045

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1 ing unit are abated pursuant to clause (iii) 

2 and the owner does not correct the non3 compliance within 60 days after the effec4 tive date of the determination of noncompli5 ance under clause (i), or such other reason6 able longer period as the public housing 

7 agency may establish, and the agency does 

8 not use its authority under clause (iv), the 

9 agency shall terminate the housing assist10 ance payments contract for the dwelling 

11 unit. 

12 ‘‘(viii) RELOCATION.— 

13 ‘‘(I) LEASE OF NEW UNIT.—The 

14 agency shall provide the family resid15 ing in such a dwelling unit a period of 

16 90 days or such longer period as is 

17 necessary to lease a new unit, begin18 ning upon termination of the contract, 

19 to lease a new residence with tenant20 based rental assistance under this sec21 tion. 

22 ‘‘(II) AVAILABILITY OF PUBLIC

23 HOUSING UNITS.—If the family is un24 able to lease such a new residence dur25 ing such period, the public housing 


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1 agency shall, at the option of the fam2 ily, provide such family a preference 

3 for occupancy in a dwelling unit of 

4 public housing that is owned or oper5 ated by the agency that first becomes 

6 available for occupancy after the expi7 ration of such period. 

8 ‘‘(III) ASSISTANCE IN FINDING

9 UNIT.—The public housing agency 

10 shall provide reasonable assistance to 

11 the family in finding a new residence, 

12 including use of up to two months of 

13 any assistance amounts abated pursu14 ant to clause (iii) for costs directly as15 sociated with relocation of the family 

16 to a new residence, which may include 

17 moving expenses and security deposits. 

18 The agency may require that a family 

19 receiving assistance for a security de20 posit shall remit, to the extent of such 

21 assistance, the amount of any security 

22 deposit refunds made by the owner of 

23 the dwelling unit for which the lease 

24 was terminated. 


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1 ‘‘(ix) TENANT-CAUSED DAMAGES.—If a 

2 public housing agency determines that any 

3 damage to a dwelling unit that results in a 

4 failure of the dwelling unit to comply with 

5 housing quality standards under subpara6 graph (B), other than any damage resulting 

7 from ordinary use, was caused by the ten8 ant, any member of the tenant’s household, 

9 or any guest or other person under the ten10 ant’s control, the agency may waive the ap11 plicability of this subparagraph, except that 

12 this clause shall not exonerate a tenant from 

13 any liability otherwise existing under ap14 plicable law for damages to the premises 

15 caused by such tenant. 

16 ‘‘(x) APPLICABILITY.—This subpara17 graph shall apply to any dwelling unit for 

18 which a housing assistance payments con19 tract is entered into or renewed after the 

20 date of the effectiveness of the regulations 

21 implementing this subparagraph.’’. 

22 SEC. 3. RENT REFORM AND INCOME REVIEWS. 

23 (a) RENT FOR PUBLIC HOUSING AND SECTION 8 PRO24 GRAMS.—Section 3 of the United States Housing Act of 

25 1937 (42 U.S.C. 1437a) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1) by inserting ‘‘LOW-IN3 COME OCCUPANCY REQUIREMENT AND RENTAL

4 PAYMENTS.—’’ after ‘‘(1)’’; 

5 (B) in paragraph (1)— 

6 (i) by striking ‘‘paragraph (2)’’ and 

7 inserting ‘‘paragraphs (2) and (3)’’; and 

8 (ii) by striking ‘‘paragraph (3)’’ and 

9 inserting ‘‘paragraph (4)’’; 

10 (C) in paragraph (2)(A)(i), by striking 

11 ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’; 

12 (D) by redesignating paragraphs (3), (4), 

13 and (5) as paragraphs (4), (5), and (6), respec14 tively; 

15 (E) by inserting after paragraph (2) the fol16 lowing new paragraph: 

17 ‘‘(3) PHA AUTHORITY TO ESTABLISH ALTER18 NATIVE RENTS.— 

19 ‘‘(A) RENT FLEXIBILITY FOR PUBLIC HOUS20 ING.—Subject to the requirements under sub21 paragraph (B), a public housing agency may es22 tablish for public housing— 

23 ‘‘(i) a tenant rent structure in which— 

24 ‘‘(I) the public housing agency es25 tablishes, based on the rental value of 


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1 the unit, as determined by the public 

2 housing agency, a ceiling rent for each 

3 dwelling unit that it owns and oper4 ates; and 

5 ‘‘(II) such ceiling rent is adjusted 

6 periodically on the basis of an infla7 tion index or a recalculation of the 

8 rental value of the unit (which may be 

9 recalculated by unit or by building); 

10 ‘‘(ii) an income-tiered tenant rent 

11 structure in which the amount of rent a 

12 family shall pay is set and distributed on 

13 the basis of broad tiers of income and such 

14 tiers and rents are adjusted on the basis of 

15 an annual cost index except that families 

16 shall not be offered a rent lower than the 

17 rent corresponding to their income tier; or 

18 ‘‘(iii) a tenant rent structure in which 

19 the amount of rent a family shall pay is 

20 based on a percentage of family income, ex21 cept that lower percentages may apply only 

22 with respect to earned income; such a rent 

23 structure may provide for an amount of 

24 rent based on a calculation of earned in25 come that provides for disregard of a higher 


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1 percentage or higher dollar amount, or both, 

2 than provided for in paragraph (8)(B). 

3 ‘‘(B) LIMITATION.—Notwithstanding the 

4 authority provided under subparagraph (A), the 

5 amount paid for rent (including the amount al6 lowed for tenant-paid utilities) by any family 

7 for a dwelling unit in public housing may not 

8 exceed the amount determined under subsection 

9 (a)(1) of this section. The Secretary shall issue 

10 regulations and establish procedures for public 

11 housing agency calculations and documentation 

12 as are necessary to ensure compliance with this 

13 subparagraph. 

14 ‘‘(C) ELDERLY FAMILIES AND DISABLED

15 FAMILIES.—Notwithstanding any other provision 

16 of this Act, this paragraph shall not apply to el17 derly families and disabled families.’’; and 

18 (F) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(7) REVIEWS OF FAMILY INCOME.— 

21 ‘‘(A) FREQUENCY.—Reviews of family in22 come for purposes of this section shall be made— 

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

24 the initial provision of housing assistance 

25 for the family; 


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1 ‘‘(ii) annually thereafter, except as 

2 provided in subparagraph (B)(i); 

3 ‘‘(iii) upon the request of the family, at 

4 any time the income or deductions (under 

5 subsection (b)(5)) of the family change by 

6 an amount that is estimated to result in a 

7 decrease of $1,200 (or such lower amount as 

8 the public housing agency or owner may, at 

9 the option of the agency or owner, establish) 

10 or more in annual adjusted income; and 

11 ‘‘(iv) at any time the income or deduc12 tions (under subsection (b)(5)) of the family 

13 change by an amount that is estimated to 

14 result in an increase of $1,200 or more in 

15 annual adjusted income, except that any in16 crease in the earned income of a family 

17 shall not be considered for purposes of this 

18 clause (except that earned income may be 

19 considered if the increase corresponds to 

20 previous decreases under clause (iii)), except 

21 that a public housing agency or owner may 

22 elect not to conduct such review in the last 

23 three months of a certification period. 

24 ‘‘(B) FIXED-INCOME FAMILIES.— 


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1 ‘‘(i) SELF CERTIFICATION AND 3-YEAR

2 REVIEW.—In the case of any family de3 scribed in clause (ii), after the initial re4 view of the family’s income pursuant to 

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

6 agency or owner shall not be required to 

7 conduct a review of the family’s income 

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

9 year for which such family certifies, in ac10 cordance with such requirements as the Sec11 retary shall establish, that the income of the 

12 family meets the requirements of clause (ii) 

13 of this subparagraph and that the sources of 

14 such income have not changed since the pre15 vious year, except that the public housing 

16 agency or owner shall conduct a review of 

17 each such family’s income not less than once 

18 every 3 years. 

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

20 described in this clause is a family who has 

21 an income, as of the most recent review pur22 suant to subparagraph (A) or clause (i) of 

23 this subparagraph, of which 90 percent or 

24 more consists of fixed income, as such term 

25 is defined in clause (iii). 


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1 ‘‘(iii) FIXED INCOME.—For purposes of 

2 this subparagraph, the term ‘fixed income’ 

3 includes income from— 

4 ‘‘(I) the supplemental security in5 come program under title XVI of the 

6 Social Security Act, including supple7 mentary payments pursuant to an 

8 agreement for Federal administration 

9 under section 1616(a) of the Social Se10 curity Act and payments pursuant to 

11 an agreement entered into under sec12 tion 212(b) of Public Law 93–66; 

13 ‘‘(II) Social Security payments; 

14 ‘‘(III) Federal, State, local and 

15 private pension plans; and 

16 ‘‘(IV) other periodic payments re17 ceived from annuities, insurance poli18 cies, retirement funds, disability or 

19 death benefits, and other similar types 

20 of periodic receipts that are of substan21 tially the same amounts from year to 

22 year. 

23 ‘‘(C) IN GENERAL.—Reviews of family in24 come for purposes of this section shall be subject 

25 to the provisions of section 904 of the Stewart B. 


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1 McKinney Homeless Assistance Amendments Act 

2 of 1988. 

3 ‘‘(8) CALCULATION OF INCOME.— 

4 ‘‘(A) USE OF CURRENT YEAR INCOME.—In 

5 determining family income for initial occupancy 

6 or provision of housing assistance pursuant to 

7 clause (i) of paragraph (7)(A) or pursuant to re8 views pursuant to clause (iii) or (iv) of such 

9 paragraph, a public housing agency or owner 

10 shall use the income of the family as estimated 

11 by the agency or owner for the upcoming year. 

12 ‘‘(B) USE OF PRIOR YEAR INCOME.—In de13 termining family income for annual reviews 

14 pursuant to paragraph (7)(A)(ii), a public hous15 ing agency or owner shall, except as otherwise 

16 provided in this paragraph, use the income of 

17 the family as determined by the agency or owner 

18 for the preceding year, taking into consideration 

19 any redetermination of income during such prior 

20 year pursuant to clause (iii) or (iv) of para21 graph (7)(A). 

22 ‘‘(C) INFLATIONARY ADJUSTMENT FOR

23 FIXED INCOME FAMILIES.— 

24 ‘‘(i) IN GENERAL.—In any year in 

25 which a public housing agency or owner 


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1 does not conduct a review of income for any 

2 family described in clause (ii) of paragraph 

3 (7)(B) pursuant to the authority under 

4 clause (i) of such paragraph to waive such 

5 a review, such family’s prior year’s income 

6 determination shall, subject to clauses (ii) 

7 and (iii), be adjusted by applying an infla8 tionary factor as the Secretary shall, by reg9 ulation, establish. 

10 ‘‘(ii) EXEMPTION FROM ADJUST11 MENT.—A public housing agency or owner 

12 may exempt from an adjustment pursuant 

13 to clause (i) any income source for which 

14 income does not increase from year to year. 

15 ‘‘(iii) APPLICABILITY OF INFLATIONARY

16 FACTOR.—The inflationary factor adjust17 ment referred to in clause (i) shall not be 

18 made with respect to the first year after the 

19 year in which housing is occupied or hous20 ing assistance is initially provided for a 

21 family. 

22 ‘‘(D) OTHER INCOME.—In determining the 

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

24 income, with respect to prior year calculations of 

25 income not subject to subparagraph (B), a public 


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1 housing agency or owner may make other adjust2 ments as it considers appropriate to reflect cur3 rent income. 

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

5 agency or owner may, to the extent such infor6 mation is available to the public housing agency 

7 or owner, determine the family’s income prior to 

8 the application of any deductions based on time9 ly income determinations made for purposes of 

10 other means-tested Federal public assistance pro11 grams (including the program for block grants to 

12 States for temporary assistance for needy fami13 lies under part A of title IV of the Social Secu14 rity Act, a program for Medicaid assistance 

15 under a State plan approved under title XIX of 

16 the Social Security Act, and the food stamp pro17 gram as defined in section 3(h) of the Food 

18 Stamp Act of 1977). The Secretary shall, in con19 sultation with other appropriate Federal agen20 cies, develop procedures to enable public housing 

21 agencies and owners to have access to such in22 come determinations made by other means-tested 

23 Federal programs that the Secretary determines 

24 to have comparable reliability. Exchanges of such 

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1 tions and tenant protections provided under sec2 tion 904 of the Stewart B. McKinney Homeless 

3 Assistance Act Amendments of 1988 (42 U.S.C. 

4 3544) with respect to information obtained 

5 under the requirements of section 303(i) of the 

6 Social Security Act (42 U.S.C. 503(i)). 

7 ‘‘(F) PHA AND OWNER COMPLIANCE.—A 

8 public housing agency or owner may not be con9 sidered to fail to comply with this paragraph or 

10 paragraph (7) due solely to any de minimus er11 rors made by the agency or owner in calculating 

12 family incomes.’’; 

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

14 (3) by redesignating subsection (f) as subsection 

15 (d). 

16 (b) INCOME.—Section 3(b) of the United States Hous17 ing Act of 1937 (42 U.S.C. 1437a(b)) is amended— 

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

19 following new paragraph: 

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

21 respect to a family, income received from all sources 

22 by each member of the household who is 18 years of 

23 age or older or is the head of household or spouse of 

24 the head of the household, plus unearned income by 

25 or on behalf of each dependent who is less than 18 


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1 years of age, as determined in accordance with cri2 teria prescribed by the Secretary, in consultation with 

3 the Secretary of Agriculture, subject to the following 

4 requirements: 

5 ‘‘(A) INCLUDED AMOUNTS.—Such term in6 cludes recurring gifts and receipts, actual income 

7 from assets, and profit or loss from a business. 

8 ‘‘(B) EXCLUDED AMOUNTS.—Such term 

9 does not include— 

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

11 ‘‘(ii) any amounts that would be eligi12 ble for exclusion under section 1613(a)(7) of 

13 the Social Security Act (42 U.S.C. 

14 1382b(a)(7)); and 

15 ‘‘(iii) deferred disability benefits from 

16 the Department of Veterans Affairs that are 

17 received in a lump sum amount or in pro18 spective monthly amounts. 

19 ‘‘(C) EARNED INCOME OF STUDENTS.—Such 

20 term does not include earned income of any de21 pendent earned during any period that such de22 pendent is attending school or vocational train23 ing on a full-time basis or any grant-in-aid or 

24 scholarship amounts related to such attendance 

25 used for the cost of tuition or books. 


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1 ‘‘(D) EDUCATIONAL SAVINGS ACCOUNTS.— 

2 Income shall be determined without regard to 

3 any amounts in or from, or any benefits from, 

4 any Coverdell education savings account under 

5 section 530 of the Internal Revenue Code of 1986 

6 or any qualified tuition program under section 

7 529 of such Code. 

8 ‘‘(E) OTHER EXCLUSIONS.—Such term shall 

9 not include other exclusions from income as are 

10 established by the Secretary or any amount re11 quired by Federal law to be excluded from con12 sideration as income. The Secretary may not re13 quire a public housing agency or owner to main14 tain records of any amounts excluded from in15 come pursuant to this subparagraph.’’; and 

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

17 following new paragraph: 

18 ‘‘(5) ADJUSTED INCOME.—The term ‘adjusted in19 come’ means, with respect to a family, the amount (as 

20 determined by the public housing agency or owner) of 

21 the income of the members of the family residing in 

22 a dwelling unit or the persons on a lease, after any 

23 deductions from income as follows: 

24 ‘‘(A) EARNED INCOME DISREGARD.—An 

25 amount equal to 10 percent of the lesser of— 


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1 ‘‘(i) the family’s earned income; or 

2 ‘‘(ii) $9,000, except that such amount 

3 shall be adjusted annually by applying to 

4 such amount (as it may have been pre5 viously adjusted) an inflationary factor as 

6 the Secretary shall, by regulation, establish 

7 and except that for purposes of adjusted in8 come determinations each year such amount 

9 shall be established by rounding the amount 

10 calculated down to the next lowest multiple 

11 of $1,000. 

12 The deduction under this subparagraph shall not 

13 be considered in determining adjusted income for 

14 the purposes of section 16 (relating to eligibility 

15 for assisted housing and income mix). 

16 ‘‘(B) ELDERLY AND DISABLED FAMILIES.— 

17 $725 in the case of any family that is an elderly 

18 family or a disabled family. 

19 ‘‘(C) DEPENDENTS.—In the case of any 

20 family that includes a member or members 

21 who— 

22 ‘‘(i) are less than 18 years of age or at23 tending school or vocational training on a 

24 full-time basis; or 


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

2 is 18 years of age or older and resides in 

3 the household, 

4 $500 for each such member. 

5 ‘‘(D) CHILD CARE.—The amount, if any, 

6 that exceeds 10 percent of annual family income 

7 that is used to pay for unreimbursed child care 

8 expenses, which shall include child care for pre9 school-age children, for before- and after-care for 

10 children in school, and for other child care nec11 essary to enable a member of the family to be 

12 employed or further his or her education. 

13 ‘‘(E) HEALTH AND MEDICAL EXPENSES.— 

14 The amount, if any, by which 10 percent of an15 nual family income is exceeded by the sum of— 

16 ‘‘(i) in the case of any elderly or dis17 abled family, any unreimbursed health and 

18 medical care expenses; and 

19 ‘‘(ii) any unreimbursed reasonable at20 tendant care and auxiliary apparatus ex21 penses for each handicapped member of the 

22 family, to the extent necessary to enable any 

23 member of such family to be employed. 

24 ‘‘(F) PERMISSIVE DEDUCTIONS.—Such ad25 ditional deductions as a public housing agency 


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

2 Secretary shall establish procedures to ensure 

3 that such deductions do not materially increase 

4 Federal expenditures. 

5 The Secretary shall annually calculate the amounts of 

6 the deductions under subparagraphs (B) and (C), as 

7 such amounts may have been previously calculated, 

8 by applying an inflationary factor as the Secretary 

9 shall, by regulation, establish, except that the actual 

10 deduction determined for each year shall be estab11 lished by rounding such amount to the next lowest 

12 multiple of $25.’’. 

13 (c) HOUSING CHOICE VOUCHER PROGRAM.—Para14 graph (5) of section 8(o) of the United States Housing Act 

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

16 (1) in the paragraph heading, by striking ‘‘AN17 NUAL REVIEW’’ and inserting ‘‘REVIEWS’’; 

18 (2) in subparagraph (A)— 

19 (A) by striking ‘‘the provisions of’’ and in20 serting ‘‘paragraphs (7) and (8) of section 3(a) 

21 and to’’; and 

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

23 upon the initial provision of housing assistance 

24 for the family and thereafter not less than annu25 ally’’; and 


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

2 sentence. 

3 (d) ENHANCED VOUCHER PROGRAM.—Section 

4 8(t)(1)(D) of the United States Housing Act of 1937 (42 

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

6 each place such term appears and inserting ‘‘annual ad7 justed income’’. 

8 (e) PROJECT-BASED HOUSING.—Paragraph (3) of sec9 tion 8(c) of the United States Housing Act of 1937 (42 

10 U.S.C. 1437f(c)(3)) is amended by striking the last sentence. 

11 (f) IMPACT ON PUBLIC HOUSING REVENUES.— 

12 (1) ADJUSTMENTS TO OPERATING FORMULA.—If 

13 the Secretary of Housing and Urban Development de14 termines that the application of the amendments 

15 made by this section results in a material and dis16 proportionate reduction in the rental income of cer17 tain public housing agencies during the first year in 

18 which the amendments made by this section are im19 plemented, the Secretary may make appropriate ad20 justments in the formula income for such year of those 

21 agencies experiencing such a reduction. 

22 (2) HUD REPORTS ON REVENUE AND COST IM23 PACT.—In each of the first two years after the first 

24 year in which the amendments made by this section 

25 are implemented, the Secretary of Housing and 


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1 Urban Development shall submit a report to Congress 

2 identifying and calculating the impact of changes 

3 made by the amendments made by this section and 

4 sections 4 and 5 of this Act on the revenues and costs 

5 of operating public housing units, the voucher pro6 gram for rental assistance under section 8 of the 

7 United States Housing Act of 1937, and the program 

8 under such section 8 for project-based rental assist9 ance. If such report identifies a material reduction in 

10 the net income of public housing agencies nationwide 

11 or a material increase in the costs of funding the 

12 voucher program or the project-based assistance pro13 gram, the Secretary shall include in such report rec14 ommendations for legislative changes to reduce or 

15 eliminate such a reduction. 

16 (g) EFFECTIVE DATE.—The amendments made by this 

17 section shall take effect during the first calendar year after 

18 regulations or notice has been adopted to implement such 

19 amendments, except that the Secretary may delay such ef20 fective date by one year upon a determination that such 

21 delay is necessary for public housing agencies and owners 

22 to make the necessary changes to comply with such amend23 ments. 


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1 SEC. 4. ELIGIBILITY FOR ASSISTANCE BASED ON ASSETS 

2 AND INCOME. 

3 (a) ASSETS.—Section 16 of the United States Housing 

4 Act of 1937 (42 U.S.C. 1437n) is amended by inserting 

5 after subsection (d) the following new subsection: 

6 ‘‘(e) ELIGIBILITY FOR ASSISTANCE BASED ON AS7 SETS.— 

8 ‘‘(1) LIMITATION ON ASSETS.—Subject to para9 graph (3) and notwithstanding any other provision of 

10 this Act, a dwelling unit assisted under this Act may 

11 not be rented and assistance under this Act may not 

12 be provided, either initially or at each recertification 

13 of family income, to any family— 

14 ‘‘(A) whose net family assets exceed 

15 $100,000, as such amount is adjusted annually 

16 by applying an inflationary factor as the Sec17 retary considers appropriate; or 

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

19 in, a legal right to reside in, and the effective 

20 legal authority to sell, real property that is suit21 able for occupancy as a residence, except that the 

22 prohibition under this subparagraph shall not 

23 apply to— 

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

25 is receiving assistance under this Act; 


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1 ‘‘(ii) any person that is a victim of do2 mestic violence; or 

3 ‘‘(iii) any family that is offering such 

4 property for sale. 

5 ‘‘(2) NET FAMILY ASSETS.— 

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

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

8 for all members of the household, the net cash 

9 value of all assets after deducting reasonable 

10 costs that would be incurred in disposing of real 

11 property, savings, stocks, bonds, and other forms 

12 of capital investment. Such term does not in13 clude interests in Indian trust land, equity ac14 counts in homeownership programs of the De15 partment of Housing and Urban Development, 

16 or Family Self Sufficiency accounts. 

17 ‘‘(B) EXCLUSIONS.—Such term does not in18 clude— 

19 ‘‘(i) the value of personal property, ex20 cept for items of personal property of sig21 nificant value, as the Secretary may estab22 lish or the public housing agency may de23 termine; 

24 ‘‘(ii) the value of any retirement ac25 count; 


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1 ‘‘(iii) real property for which the fam2 ily does not have the effective legal author3 ity necessary to sell such property; 

4 ‘‘(iv) any amounts recovered in any 

5 civil action or settlement based on a claim 

6 of malpractice, negligence, or other breach of 

7 duty owed to a member of the family and 

8 arising out of law, that resulted in a mem9 ber of the family being disabled; 

10 ‘‘(v) the value of any Coverdell edu11 cation savings account under section 530 of 

12 the Internal Revenue Code of 1986 or any 

13 qualified tuition program under section 529 

14 of such Code; and 

15 ‘‘(vi) such other exclusions as the Sec16 retary may establish. 

17 ‘‘(C) TRUST FUNDS.—In cases in which a 

18 trust fund has been established and the trust is 

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

20 member of the family or household, the value of 

21 the trust fund shall not be considered an asset of 

22 a family if the fund continues to be held in trust. 

23 Any income distributed from the trust fund shall 

24 be considered income for purposes of section 3(b) 

25 and any calculations of annual family income, 


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1 except in the case of medical expenses for a 

2 minor. 

3 ‘‘(3) SELF-CERTIFICATION.— 

4 ‘‘(A) NET FAMILY ASSETS.—A public hous5 ing agency or owner may determine the net as6 sets of a family, for purposes of this section, 

7 based on a certification by the family that the 

8 net assets of such family do not exceed $50,000. 

9 ‘‘(B) NO CURRENT REAL PROPERTY OWNER10 SHIP.—A public housing agency or owner may 

11 determine compliance with paragraph (1)(B) 

12 based on a certification by the family that such 

13 family does not have any current ownership in14 terest in any real property at the time the agen15 cy or owner reviews the family’s income. 

16 ‘‘(C) STANDARDIZED FORMS.—The Sec17 retary may develop standardized forms for the 

18 certifications referred to in subparagraphs (A) 

19 and (B). 

20 ‘‘(4) COMPLIANCE FOR PUBLIC HOUSING DWELL21 ING UNITS.—When recertifying family income with 

22 respect to families residing in public housing dwelling 

23 units, a public housing agency may, in the discretion 

24 of the agency and only pursuant to a policy that is 

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1 tion 5A for the agency, choose not to enforce the limi2 tation under paragraph (1). 

3 ‘‘(5) ELDERLY AND DISABLED FAMILIES.—When 

4 recertifying the income of an elderly or disabled fam5 ily residing in a dwelling unit assisted under this 

6 Act, a public housing agency or owner may choose not 

7 to enforce the limitation under paragraph (1) or may 

8 establish exceptions to such limitation based on eligi9 bility criteria, but only pursuant to a policy that is 

10 set forth in the public housing agency plan under sec11 tion 5A for the agency or under a policy adopted by 

12 the owner. Eligibility criteria for establishing excep13 tions may provide for separate treatment for elderly 

14 and disabled families and may be based on different 

15 factors, such as age, income, the ability of the family 

16 to find suitable alternative housing, and whether sup17 portive services are being provided. 

18 ‘‘(6) AUTHORITY TO DELAY EVICTIONS.—In the 

19 case of a family residing in a dwelling unit assisted 

20 under this Act who does not comply with the limita21 tion under paragraph (1), the public housing agency 

22 or project owner may delay eviction or termination of 

23 the family based on such noncompliance for a period 

24 of not more than 6 months.’’. 


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1 (b) INCOME.—The United States Housing Act of 1937 

2 is amended— 

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

4 by striking the first sentence and inserting the fol5 lowing: ‘‘Dwelling units assisted under this Act may 

6 be rented, and assistance under this Act may be pro7 vided, whether initially or at time of recertification, 

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

9 time such initial or continued assistance, respectively, 

10 is provided, except that families residing in dwelling 

11 units as of the date of the enactment of the Section 

12 8 Voucher Reform Act of 2009 that, under agreements 

13 in effect on such date of enactment, may have incomes 

14 up to 95 percent of local area median income shall 

15 continue to be eligible for assistance at recertification 

16 as long as they continue to comply with such income 

17 restrictions. When recertifying family income with re18 spect to families residing in public housing dwelling 

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

20 of the agency and only pursuant to a policy that is 

21 set forth in the public housing agency plan under sec22 tion 5A for the agency, choose not to enforce the pro23 hibition under the preceding sentence. When recerti24 fying family income with respect to families residing 

25 in dwelling units for which project-based assistance is 


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1 provided, a project owner may, in the owner’s discre2 tion and only pursuant to a policy adopted by such 

3 owner, choose not to enforce such prohibition. In the 

4 case of a family residing in a dwelling unit assisted 

5 under this Act who does not meet the requirements 

6 under the first sentence of this paragraph or the re7 quirements under section 8(o)(4), the public housing 

8 agency or project owner may delay eviction or termi9 nation of the family based on such noncompliance for 

10 a period of not more than 6 months.’’; 

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

12 striking the matter preceding subparagraph (A) and 

13 inserting the following: 

14 ‘‘(4) ELIGIBLE FAMILIES.—Assistance under this 

15 subsection may be provided, whether initially or at 

16 each recertification, only pursuant to subsection (t) to 

17 a family eligible for assistance under such subsection 

18 or to a family who at the time of such initial or con19 tinued assistance, respectively, is a low-income family 

20 that is—’’; and 

21 (3) in section 8(c)(4) (42 U.S.C. 1437f(c)(4)), by 

22 striking ‘‘at the time it initially occupied such dwell23 ing unit’’ and inserting ‘‘according to the restrictions 

24 under section 3(a)(1)’’. 


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1 SEC. 5. TARGETING ASSISTANCE TO LOW-INCOME WORKING 

2 FAMILIES. 

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

4 Housing Act of 1937 (42 U.S.C. 1437n(b)(1)) is amended— 

5 (1) by inserting after ‘‘do not exceed’’ the fol6 lowing: ‘‘the higher of (A) the poverty line (as such 

7 term is defined in section 673 of the Omnibus Budget 

8 Reconciliation Act of 1981 (42 U.S.C. 9902), includ9 ing any revision required by such section) applicable 

10 to a family of the size involved, or (B)’’; and 

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

12 following: ‘‘; and except that clause (A) of this sen13 tence shall not apply in the case of public housing 

14 agencies located in Puerto Rico or any other territory 

15 or possession of the United States’’. 

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

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

18 1437n(a)(2)(A)) is amended— 

19 (1) by inserting after ‘‘do not exceed’’ the fol20 lowing: ‘‘the higher of (i) the poverty line (as such 

21 term is defined in section 673 of the Omnibus Budget 

22 Reconciliation Act of 1981 (42 U.S.C. 9902), includ23 ing any revision required by such section) applicable 

24 to a family of the size involved, or (ii)’’; and 

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

26 following: ‘‘; and except that clause (i) of this sentence 


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1 shall not apply in the case of projects located in Puer2 to Rico or any other territory or possession of the 

3 United States’’. 

4 (c) PROJECT-BASED SECTION 8 ASSISTANCE.—Section 

5 16(c)(3) of the United States Housing Act of 1937 (42 

6 U.S.C. 1437n(c)(3)) is amended— 

7 (1) by inserting after ‘‘do not exceed’’ the fol8 lowing: ‘‘the higher of (A) the poverty line (as such 

9 term is defined in section 673 of the Omnibus Budget 

10 Reconciliation Act of 1981 (42 U.S.C. 9902), includ11 ing any revision required by such section) applicable 

12 to a family of the size involved, or (B)’’; and 

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

14 following: ‘‘; and except that clause (A) of this sen15 tence shall not apply in the case of projects located in 

16 Puerto Rico or any other territory or possession of the 

17 United States’’. 

18 SEC. 6. VOUCHER RENEWAL FUNDING. 

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

20 Housing Act of 1937 (42 U.S.C. 1437f) is amended by strik21 ing subsection (dd) and inserting the following new sub22 section: 

23 ‘‘(dd) TENANT-BASED VOUCHERS.— 

24 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated, for each of 


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1 fiscal years 2010 through 2014, such sums as may be 

2 necessary for tenant-based assistance under subsection 

3 (o) for the following purposes: 

4 ‘‘(A) To renew all expiring annual con5 tributions contracts for tenant-based rental as6 sistance. 

7 ‘‘(B) To provide tenant-based rental assist8 ance for— 

9 ‘‘(i) conversion of section 23 projects to 

10 assistance under this section; 

11 ‘‘(ii) the family unification program 

12 under subsection (x) of this section; 

13 ‘‘(iii) relocation of witnesses in connec14 tion with efforts to combat crime in public 

15 and assisted housing pursuant to a request 

16 from a law enforcement or prosecution 

17 agency; 

18 ‘‘(iv) enhanced vouchers authorized 

19 under subsection (t) of this section; 

20 ‘‘(v) relocation or replacement in con21 nection with the HOPE VI program under 

22 section 24; 

23 ‘‘(vi) demolition or disposition of pub24 lic housing units pursuant to section 18 of 


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1 the United States Housing Act of 1937 (42 

2 U.S.C. 1437p); 

3 ‘‘(vii) mandatory conversions of public 

4 housing to vouchers, pursuant to section 33 

5 of the United States Housing Act of 1937, 

6 respectively (42 U.S.C. 1437z–5); 

7 ‘‘(viii) voluntary conversions of public 

8 housing to vouchers, pursuant to section 22 

9 of the United States Housing Act of 1937, 

10 respectively (42 U.S.C. 1437t); 

11 ‘‘(ix) vouchers necessary to comply 

12 with a consent decree or court order; 

13 ‘‘(x) tenant protection vouchers in con14 nection with dwelling units that cease to re15 ceive project-based assistance under sub16 section (b), (c), (d), (e), or (v) of this sec17 tion; 

18 ‘‘(xi) relocation and replacement 

19 vouchers in connection with public housing 

20 units that are demolished or disposed of 

21 pursuant to eminent domain, pursuant to a 

22 homeownership program, or in connection 

23 with a mixed finance development method 

24 under section 35 or otherwise; 


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1 ‘‘(xii) vouchers used for the preserva2 tion of public housing units not included in 

3 the operating formula under section 9(e)(2) 

4 of the United States Housing Act of 1937 

5 (42 U.S.C. 1437g(e)(2)); 

6 ‘‘(xiii) emergency voucher assistance 

7 for the protection of victims of domestic vio8 lence, dating violence, sexual assault, or 

9 stalking; 

10 ‘‘(xiv) tenant protection vouchers in 

11 connection with the foreclosure or disposi12 tion of multifamily housing subject to a 

13 mortgage insured and subsidized under the 

14 National Housing Act; and 

15 ‘‘(xv) tenant protection assistance, in16 cluding replacement and relocation assist17 ance. 

18 Subject only to the availability of sufficient 

19 amounts provided in appropriation Acts, the 

20 Secretary shall provide tenant-based rental as21 sistance in connection with all dwelling units 

22 that cease to be available as assisted housing as 

23 a result of clauses (i), (iv), (v), (vi), (vii), (x), 

24 (xi), and (xiv). 


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1 ‘‘(2) ALLOCATION OF RENEWAL FUNDING AMONG

2 PUBLIC HOUSING AGENCIES.— 

3 ‘‘(A) From amounts appropriated for each 

4 year pursuant to paragraph (1)(A), the Sec5 retary shall provide renewal funding for each 

6 public housing agency— 

7 ‘‘(i) based on leasing and cost data 

8 from the preceding calendar year, as ad9 justed by an annual adjustment factor to be 

10 established by the Secretary, which shall be 

11 established using the smallest geographical 

12 areas for which data on changes in rental 

13 costs are annually available; 

14 ‘‘(ii) by making any adjustments nec15 essary to provide for the first-time renewal 

16 of vouchers funded under paragraph (1)(B) 

17 and of any incremental vouchers funded in 

18 previous years; 

19 ‘‘(iii) by making any adjustments nec20 essary for full year funding of vouchers 

21 moved into and out of the jurisdiction of the 

22 public housing agency in the prior calendar 

23 year pursuant to portability procedures 

24 under subsection (r)(2); and 


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1 ‘‘(iv) by making such other adjust2 ments as the Secretary considers appro3 priate, including adjustments necessary to 

4 address changes in voucher utilization rates 

5 and voucher costs related to natural and 

6 other major disasters. 

7 ‘‘(B) LEASING AND COST DATA.—For pur8 poses of subparagraph (A)(i), leasing and cost 

9 data shall be calculated annually by using the 

10 average for the preceding calendar year. Such 

11 leasing and cost data shall be adjusted to include 

12 vouchers that were set aside under a commitment 

13 to provide project-based assistance under sub14 section (o)(13) and to exclude amounts funded 

15 through advances under paragraph (3). Such 

16 leasing and cost data shall not include funds not 

17 appropriated for tenant-based assistance under 

18 section 8(o), unless the agency’s funding was 

19 prorated in the prior year and the agency used 

20 other funds to maintain vouchers in use. 

21 ‘‘(C) OVERLEASING.—For the purpose of de22 termining allocations under subsection (A)(i), 

23 the leasing rate calculated for the prior calendar 

24 year may exceed an agency’s authorized voucher 

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1 lize a leasing rate in excess of 103 percent of the 

2 leasing rate in the year preceding such prior 

3 year (after making appropriate adjustments for 

4 incremental and new enhanced vouchers) which 

5 results from the use of accumulated amounts, as 

6 referred to in the last sentence of paragraph 

7 (4)(A). 

8 ‘‘(D) MOVING TO WORK; HOUSING INNOVA9 TION PROGRAM.—Notwithstanding subpara10 graphs (A) and (B), each public housing agency 

11 participating in any year in the moving to work 

12 program or the housing innovation program 

13 under section 37 of this Act shall be funded pur14 suant to its agreement under such program and 

15 shall be subject to any pro rata adjustment made 

16 under subparagraph (F)(i). 

17 ‘‘(E) UNREIMBURSED PORTABILITY

18 COSTS.—The Secretary may reimburse public 

19 housing agencies for increased costs related to 

20 portability incurred during the prior year that 

21 were not reimbursed pursuant to paragraph 

22 (4)(B)(i). 

23 ‘‘(F) PRO RATA ALLOCATION.— 

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1 cal year are not sufficient to provide each 

2 public housing agency with the full alloca3 tion for the agency determined pursuant to 

4 subparagraphs (A) and (D), the Secretary 

5 shall reduce such allocation for each agency 

6 on a pro rata basis, except that renewal 

7 funding of enhanced vouchers under section 

8 8(t) shall not be subject to such proration. 

9 ‘‘(ii) EXCESS FUNDS.—To the extent 

10 that amounts made available for a fiscal 

11 year exceed the amount necessary to provide 

12 each housing agency with the full allocation 

13 for the agency determined pursuant to sub14 paragraphs (A) and (D), such excess 

15 amounts shall be used for the purposes spec16 ified in paragraph (4)(B). 

17 ‘‘(G) PROMPT FUNDING ALLOCATION.—The 

18 Secretary shall allocate all funds under this sub19 section for each year before the latter of (i) Feb20 ruary 15, or (ii) the expiration of the 45-day pe21 riod beginning upon the enactment of the appro22 priations Act funding such renewals. 

23 ‘‘(3) ADVANCES.— 

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

25 months of each calendar year, the Secretary shall 


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1 provide amounts out of any appropriations 

2 made pursuant to paragraph (1) for the fiscal 

3 year beginning on October 1 of that calendar 

4 year to any public housing agency, at the request 

5 of the agency, in an amount up to two percent 

6 of the allocation for the agency for such calendar 

7 year, subject to subparagraph (C). 

8 ‘‘(B) USE.—Amounts advanced under sub9 paragraph (A) may be used to pay for addi10 tional voucher costs, including costs related to 

11 temporary overleasing. 

12 ‘‘(C) USE OF PRIOR YEAR AMOUNTS.—Dur13 ing the last 3 months of a calendar year, if 

14 amounts previously provided to a public housing 

15 agency for tenant-based assistance for such year 

16 or for previous years remain unobligated and 

17 available to the agency— 

18 ‘‘(i) the agency shall exhaust such 

19 amounts to cover any additional voucher 

20 costs under subparagraph (B) before 

21 amounts advanced under subparagraph (A) 

22 may be so used; and 

23 ‘‘(ii) the amount that may be advanced 

24 under subparagraph (A) to the agency shall 

25 be reduced by an amount equal to the total 


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1 of such previously provided and unobligated 

2 amounts. 

3 ‘‘(D) REPAYMENT.—Amounts advanced 

4 under subparagraph (A) in a calendar year shall 

5 be repaid to the Secretary in the subsequent cal6 endar year by offsetting the amounts made avail7 able for such agency for such subsequent calendar 

8 year pursuant to allocation under paragraph (2) 

9 by an amount equal to the amount so advanced 

10 to the agency. 

11 ‘‘(4) OFFSET.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall off13 set, from amounts provided under the annual 

14 contributions contract for a public housing agen15 cy for a calendar year, all accumulated amounts 

16 allocated under paragraph (2) and from previous 

17 years that are unused by the agency at the end 

18 of each calendar year, except for an amount not 

19 less than 6 percent of such amount allocated to 

20 the agency pursuant to paragraph (2) for the 

21 preceding calendar year. Notwithstanding any 

22 other provision of law, each public housing agen23 cy may retain all amounts not offset under this 

24 subparagraph, and may use such amounts for all 

25 authorized purposes. 


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1 ‘‘(B) REALLOCATION.—Not later than the 

2 latter of April 1 of each calendar year or 75 

3 days after the enactment of an appropriations 

4 Act providing funding for voucher renewal costs, 

5 the Secretary shall, from amounts available pur6 suant to paragraph (2)(E) and from any other 

7 available amounts appropriated for such pur8 pose— 

9 ‘‘(i) set aside and subsequently make 

10 available such amounts as the Secretary 

11 considers likely to be needed, when combined 

12 with funds from a central fund or any other 

13 source of funds appropriated or made avail14 able for such purpose, to reimburse public 

15 housing agencies for increased costs related 

16 to portability and family self-sufficiency ac17 tivities pursuant to section 23(h) during 

18 such year; and 

19 ‘‘(ii) reallocate all remaining amounts 

20 among public housing agencies, with pri21 ority given based on the extent to which an 

22 agency has utilized the amount allocated 

23 under paragraph (2) for the agency to serve 

24 eligible families and the relative need for 


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1 additional voucher assistance for use only to 

2 increase voucher leasing rates.’’. 

3 (b) PORTABILITY.—The Secretary of Housing and 

4 Urban Development shall, not later than the expiration of 

5 the 6-month period beginning on the date of the enactment 

6 of this Act, issue a proposed rule for comment to modify 

7 the regulations governing the responsibilities of public hous8 ing agencies in cases in which families assisted with tenant9 based assistance under section 8 of the United States Hous10 ing Act of 1937 exercise their right to move to a different 

11 jurisdiction under the Secretary’s regulations regarding 

12 portability procedures (24 C.F.R. 982.355), to eliminate, or 

13 minimize to the greatest extent feasible consistent with 

14 available funding, billing between agencies and administra15 tive barriers to families’ choices of where to reside, without 

16 undermining the ability of public housing agencies to serve 

17 their waiting lists. The Secretary shall finalize regulations 

18 modifying such portability procedures in accordance with 

19 this subsection not later than the expiration of the 12-month 

20 period beginning upon the date of the enactment of this Act. 

21 (c) VOUCHERS FOR PERSONS WITH DISABILITIES AND

22 HOMELESS VETERANS.—The Secretary of Housing and 

23 Urban Development shall develop and issue, to public hous24 ing agencies that have received voucher assistance under 

25 section 8(o) for non-elderly disabled families, or under secVerDate Nov 24 2008 20:38 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H3045.RH H3045

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1 tion 8(o)(19) for homeless veterans, pursuant to appropria2 tions Acts for fiscal year 1997 and fiscal years thereafter, 

3 guidance to ensure that, to the maximum extent practicable, 

4 such vouchers continue to be provided upon turnover to 

5 qualified non-elderly disabled families or homeless veterans, 

6 respectively. 

7 SEC. 7. ADMINISTRATIVE FEES. 

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

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

10 (1) in paragraph (1)— 

11 (A) by striking subparagraphs (B) and (C) 

12 and inserting the following new subparagraphs: 

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

14 subsection shall— 

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

16 agency for each month for which a dwelling 

17 unit is covered by an assistance contract; 

18 ‘‘(ii) be based on a per-unit fee, which 

19 shall be based on the per-unit fee payable to 

20 the agency in fiscal year 2003 and updated 

21 for each subsequent year as specified in sub22 section (iv), or on such formula which the 

23 Secretary may, by regulation, establish 

24 using a per-unit fee structure which shall 

25 provide for the payment of the full cost of 


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1 administering vouchers, and which may in2 clude performance incentives consistent with 

3 subsection (o)(21); 

4 ‘‘(iii) include an amount for the cost of 

5 issuing a voucher to new participants; 

6 ‘‘(iv) be updated each year using an 

7 index of changes in wage and benefit data 

8 or other objectively measurable data that re9 flect the costs of administering the program 

10 for such assistance, as determined by the 

11 Secretary; and 

12 ‘‘(v) include an amount for the cost of 

13 family self-sufficiency coordinators, as pro14 vided in section 23(h)(1). 

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

16 cause to be published in the Federal Register the 

17 fee rate for each geographic area.’’; and 

18 (B) by striking subparagraph (E) and in19 serting the following new subparagraph; 

20 ‘‘(E) FEE FOR AGENCY-OWNED UNITS.—The 

21 Secretary shall establish a fee for dwelling units 

22 owned by a public housing agency that reflects 

23 reasonable costs of administration, which shall 

24 take into consideration the third-party inspec25 tion and rent determination expenses incurred 


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1 in compliance with the requirements of sub2 section (o)(11).’’; and 

3 (2) in paragraph (4), by striking ‘‘1999’’ and in4 serting ‘‘2010’’. 

5 (b) ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFI6 CIENCY PROGRAM COSTS.—Subsection (h) of section 23 of 

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

8 1437u(h)) is amended by striking paragraph (1) and insert9 ing the following new paragraph: 

10 ‘‘(1) SECTION 8 FEES.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall es12 tablish a fee under section 8(q) for the costs in13 curred in administering the self-sufficiency pro14 gram under this section to assist families receiv15 ing voucher assistance through section 8(o). 

16 ‘‘(B) ELIGIBILITY FOR FEE.—The fee shall 

17 provide funding for family self-sufficiency coor18 dinators as follows: 

19 ‘‘(i) BASE FEE.—A public housing 

20 agency serving 25 or more participants in 

21 the family self-sufficiency program under 

22 this section shall receive a fee equal to the 

23 costs of employing one full-time family self24 sufficiency coordinator. An agency serving 


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1 fewer than 25 such participants shall re2 ceive a prorated fee. 

3 ‘‘(ii) ADDITIONAL FEE.—An agency 

4 that meets minimum performance standards 

5 shall receive an additional fee sufficient to 

6 cover the costs of employing a second family 

7 self-sufficiency coordinator if the agency has 

8 75 or more participating families, and a 

9 third such coordinator if it has 125 or more 

10 participating families. 

11 ‘‘(iii) PREVIOUSLY FUNDED AGEN12 CIES.—An agency that received funding 

13 from the Department of Housing and 

14 Urban Development for more than three 

15 such coordinators in any of fiscal years 

16 1998 through 2009 shall receive funding for 

17 the highest number of coordinators funded 

18 in a single fiscal year during that period, 

19 provided they meet applicable size and per20 formance standards. 

21 ‘‘(iv) INITIAL YEAR.—For the first year 

22 in which a public housing agency exercises 

23 its right to develop an family self-suffi24 ciency program for its residents, it shall be 

25 entitled to funding to cover the costs of up 


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1 to one family self-sufficiency coordinator, 

2 based on the size specified in its action plan 

3 for such program. 

4 ‘‘(v) STATE AND REGIONAL AGEN5 CIES.—For purposes of calculating the fam6 ily self-sufficiency portion of the adminis7 trative fee under this subparagraph, each 

8 administratively distinct part of a State or 

9 regional public housing agency shall be 

10 treated as a separate agency. 

11 ‘‘(vi) DETERMINATION OF NUMBER OF

12 COORDINATORS.—In determining whether a 

13 public housing agency meets a specific 

14 threshold for funding pursuant to this para15 graph, the number of participants being 

16 served by the agency in its family self-suffi17 ciency program shall be considered to be the 

18 average number of families enrolled in such 

19 agency’s program during the course of the 

20 most recent fiscal year for which the De21 partment of Housing and Urban Develop22 ment has data. 

23 ‘‘(C) PRORATION.—If insufficient funds are 

24 available in any fiscal year to fund all of the co25 ordinators authorized under this section, the first 


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1 priority shall be given to funding one coordi2 nator at each agency with an existing family 

3 self-sufficiency program. The remaining funds 

4 shall be prorated based on the number of remain5 ing coordinators to which each agency is entitled 

6 under this subparagraph. 

7 ‘‘(D) RECAPTURE.—Any fees allocated 

8 under this subparagraph by the Secretary in a 

9 fiscal year that have not been spent by the end 

10 of the subsequent fiscal year shall be recaptured 

11 by the Secretary and shall be available for pro12 viding additional fees pursuant to subparagraph 

13 (B)(ii). 

14 ‘‘(E) PERFORMANCE STANDARDS.—Within 

15 six months after the date of the enactment of this 

16 paragraph, the Secretary shall publish a pro17 posed rule specifying the performance standards 

18 applicable to funding under clauses (ii) and (iii) 

19 of subparagraph (B). Such standards shall in20 clude requirements applicable to the leveraging of 

21 in-kind services and other resources to support 

22 the goals of the family self-sufficiency program. 

23 ‘‘(F) DATA COLLECTION.—Public housing 

24 agencies receiving funding under this paragraph 

25 shall collect and report to the Secretary, in such 


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1 manner as the Secretary shall require, informa2 tion on the performance of their family self-suffi3 ciency programs. 

4 ‘‘(G) EVALUATION.—The Secretary shall 

5 conduct a formal and scientific evaluation of the 

6 effectiveness of well-run family self-sufficiency 

7 programs, comparing outcomes of families par8 ticipating in such programs with families who 

9 are not, using random assignment of partici10 pants to the extent practicable. Not later than 

11 the expiration of the 4-year period beginning 

12 upon the enactment of this paragraph, the Sec13 retary shall submit an interim evaluation report 

14 to the Congress. Not later than the expiration of 

15 the 8-year period beginning upon such enact16 ment, the Secretary shall submit a final evalua17 tion report to the Congress. There is authorized 

18 to be appropriated $10,000,000 to carry out the 

19 evaluation under this subparagraph. 

20 ‘‘(H) INCENTIVES FOR INNOVATION AND

21 HIGH PERFORMANCE.—The Secretary may re22 serve up to 10 percent of the amounts made 

23 available for administrative fees under this 

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1 larly innovative or highly successful in achieving 

2 the goals of the program.’’. 

3 (c) REPEAL.—Section 202 of the Departments of Vet4 erans Affairs and Housing and Urban Development, and 

5 Independent Agencies Appropriations Act, 1997 (42 U.S.C. 

6 1437f note; Public Law 104–204; 110 Stat. 2893) is hereby 

7 repealed. 

8 SEC. 8. HOMEOWNERSHIP. 

9 (a) SECTION 8 HOMEOWNERSHIP DOWNPAYMENT PRO10 GRAM.—Section 8(y)(7) of the United States Housing Act 

11 of 1937 (42 U.S.C. 1437f(y)(7)) is amended by striking sub12 paragraphs (A) and (B) and inserting the following new 

13 subparagraphs: 

14 ‘‘(A) IN GENERAL.—Subject to the provi15 sions of this paragraph, in the case of a family 

16 on whose behalf rental assistance under section 

17 8(o) has been provided for a period of not less 

18 than 12 months prior to the date of receipt of 

19 downpayment assistance under this paragraph, 

20 a public housing agency may, in lieu of pro21 viding monthly assistance payments under this 

22 subsection on behalf of a family eligible for such 

23 assistance and at the discretion of the agency, 

24 provide a downpayment assistance grant in ac25 cordance with subparagraph (B). 


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1 ‘‘(B) GRANT REQUIREMENTS.—A downpay2 ment assistance grant under this paragraph— 

3 ‘‘(i) shall be used by the family only as 

4 a contribution toward the downpayment 

5 and reasonable and customary closing costs 

6 required in connection with the purchase of 

7 a home; 

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

9 one-time grant; and 

10 ‘‘(iii) may not exceed $10,000. 

11 ‘‘(C) NO EFFECT ON OBTAINING OUTSIDE

12 SOURCES FOR DOWNPAYMENT ASSISTANCE.—This 

13 Act may not be construed to prohibit a public 

14 housing agency from providing downpayment 

15 assistance to families from sources other than a 

16 grant provided under this Act, or as determined 

17 by the public housing agency. 

18 ‘‘(D) COUNSELING AND SELF-SUFFICIENCY

19 PROGRAMS.—A public housing agency may re20 quire prepurchase housing counseling or partici21 pation in a self-sufficiency program as a condi22 tion of a family receiving downpayment assist23 ance under this paragraph.’’. 


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1 (b) USE OF VOUCHERS FOR MANUFACTURED HOUS2 ING.—Section 8(o)(12) of the United States Housing Act 

3 of 1937 (42 U.S.C. 1437f(o)(12)) is amended— 

4 (1) in subparagraph (A), by striking the period 

5 at the end of the first sentence and all that follows 

6 through ‘‘of’’ in the second sentence and inserting 

7 ‘‘and rents’’; and 

8 (2) in subparagraph (B)— 

9 (A) in clause (i), by striking ‘‘the rent’’ and 

10 all that follows and inserting the following: ‘‘rent 

11 shall mean the sum of the monthly payments 

12 made by a family assisted under this paragraph 

13 to amortize the cost of purchasing the manufac14 tured home, including any required insurance 

15 and property taxes, the monthly amount allowed 

16 for tenant-paid utilities, and the monthly rent 

17 charged for the real property on which the man18 ufactured home is located, including monthly 

19 management and maintenance charges.’’; 

20 (B) by striking clause (ii); and 

21 (C) in clause (iii)— 

22 (i) by inserting after the period at the 

23 end the following: ‘‘If the amount of the 

24 monthly assistance payment for a family 

25 exceeds the monthly rent charged for the 


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1 real property on which the manufactured 

2 home is located, including monthly manage3 ment and maintenance charges, a public 

4 housing agency may pay the remainder to 

5 the family, lender or utility company, or 

6 may choose to make a single payment to the 

7 family for the entire monthly assistance 

8 amount.’’; and 

9 (ii) by redesignating such clause as 

10 clause (ii). 

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

12 REPORTING AGENCIES. 

13 Section 3 of the United States Housing Act of 1937 

14 (42 U.S.C. 1437a), as amended by the preceding provisions 

15 of this Act, is further amended by adding at the end the 

16 following new subsection: 

17 ‘‘(e) PHA REPORTING OF RENT PAYMENTS TO CREDIT

18 REPORTING AGENCIES.— 

19 ‘‘(1) AUTHORITY.—To the extent that an indi20 vidual receiving tenant-based housing choice vouchers 

21 under section 8 by a public housing agency agrees in 

22 writing to reporting under this subsection, the public 

23 housing agency may submit to consumer reporting 

24 agencies described in section 603(p) of the Fair Credit 

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1 ing the past rent payment history of the individual 

2 with respect to the dwelling unit for which such as3 sistance is provided. 

4 ‘‘(2) FORMAT.—The Secretary, after consultation 

5 with consumer reporting agencies referred in para6 graph (1), shall establish a system and format to be 

7 used by public housing agencies for reporting of infor8 mation under such paragraph that provides such in9 formation in a format and manner that is similar to 

10 other credit information submitted to such consumer 

11 reporting agencies and is usable by such agencies.’’. 

12 SEC. 10. PERFORMANCE ASSESSMENTS. 

13 Section 8(o) of the United States Housing Act of 1937 

14 (42 U.S.C. 1437f(o)) is amended by adding at the end the 

15 following new paragraph: 

16 ‘‘(21) PERFORMANCE ASSESSMENTS.— 

17 ‘‘(A) ESTABLISHMENT.—The Secretary 

18 shall, by regulation, establish standards and pro19 cedures for assessing the performance of public 

20 housing agencies in carrying out the programs 

21 for tenant-based rental assistance under this sub22 section and for homeownership assistance under 

23 subsection (y). 

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1 sessment of the performance of public housing 

2 agencies in the following areas: 

3 ‘‘(i) Extent to which dwelling units 

4 comply with housing quality standards, in5 cluding compliance with inspection require6 ments. 

7 ‘‘(ii) Extent of utilization of assistance 

8 amounts provided to the agency and of au9 thorized vouchers, using appropriate adjust10 ments for vouchers set aside to meet com11 mitments under paragraph (13). 

12 ‘‘(iii) Timeliness and accuracy of re13 porting by the agency to the Secretary. 

14 ‘‘(iv) Effectiveness in carrying out 

15 policies that result in deconcentration of 

16 poverty and reduction of racial segregation. 

17 ‘‘(v) Reasonableness of rent burdens, 

18 consistent with public housing agency re19 sponsibilities under section 8(o)(1)(E)(iii). 

20 ‘‘(vi) Accurate calculations of rent, 

21 utility allowances, and subsidy payments. 

22 ‘‘(vii) Effectiveness in carrying out 

23 family self-sufficiency activities. 

24 ‘‘(viii) Timeliness of actions related to 

25 landlord participation. 


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1 ‘‘(ix) Compliance with targeting re2 quirements under section 16(b). 

3 ‘‘(x) Such other areas as the Secretary 

4 considers appropriate, which may only be 

5 established by regulation. 

6 ‘‘(C) BIENNIAL ASSESSMENT.—Not later 

7 than 2 years after the date of enactment of this 

8 paragraph, and at least every 2 years thereafter, 

9 the Secretary, using the standards and proce10 dures established under this paragraph, shall— 

11 ‘‘(i) conduct an assessment of the per12 formance of each public housing agency car13 rying out a program referred to in subpara14 graph (A); 

15 ‘‘(ii) make such assessment available to 

16 the public housing agency and to the public 

17 via the website of the Department of Hous18 ing and Urban Development; and 

19 ‘‘(iii) submit a report to Congress re20 garding the results of each such assessment. 

21 ‘‘(D) APPLICABILITY.—When implemented, 

22 the performance assessment standards and proce23 dures under this paragraph shall supercede the 

24 Section 8 Management Assessment Program of 

25 the Secretary then in effect.’’. 


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1 SEC. 11. PHA PROJECT-BASED ASSISTANCE. 

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

3 1937 (42 U.S.C. 1437f(o)(13)) is amended— 

4 (1) by striking subparagraph (B) and inserting 

5 the following new subparagraph: 

6 ‘‘(B) PERCENTAGE LIMITATION.— 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), not more than 25 percent of the fund9 ing available for tenant-based assistance 

10 under this section that is administered by 

11 the agency may be attached to structures 

12 pursuant to this paragraph. 

13 ‘‘(ii) EXCEPTION.—An agency may at14 tach up to an additional 5 percent of the 

15 funding available for tenant-based assist16 ance under this section to structures pursu17 ant to this paragraph for dwelling units 

18 that house individuals and families that 

19 meet the definition of homeless under section 

20 103 of the McKinney-Vento Homeless Assist21 ance Act (42 U.S.C. 11302), that provide 

22 supportive housing to persons with disabil23 ities, or that are located in areas where 

24 vouchers under this subsection are difficult 

25 to use, as specified in subparagraph 

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1 tion, establish additional categories for the 

2 exception under this clause.’’; 

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

4 the following new subparagraph: 

5 ‘‘(D) INCOME MIXING REQUIREMENT.— 

6 ‘‘(i) IN GENERAL.—Except as provided 

7 in clause (ii), not more than the greater of 

8 25 dwelling units or 25 percent of the dwell9 ing units in any project may be assisted 

10 under a housing assistance payment con11 tract for project-based assistance pursuant 

12 to this paragraph. For purposes of this sub13 paragraph, the term ‘project’ means a single 

14 building, multiple contiguous buildings, or 

15 multiple buildings on contiguous parcels of 

16 land. 

17 ‘‘(ii) EXCEPTIONS.— 

18 ‘‘(I) CERTAIN HOUSING.—The 

19 limitation under clause (i) shall not 

20 apply in the case of assistance under a 

21 contract for housing consisting of sin22 gle family properties, or for dwelling 

23 units that are exclusively made avail24 able for households comprised of elderly 

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1 lies receiving supportive services for 

2 special needs populations, such as in3 dividuals who were formerly homeless. 

4 For purposes of the preceding sentence, 

5 the term ‘single family properties’ 

6 means buildings with no more than 

7 four dwelling units. 

8 ‘‘(II) CERTAIN AREAS.— 

9 ‘‘(aa) With respect to areas 

10 in which fewer than 75 percent of 

11 families issued vouchers become 

12 participants in the program, the 

13 public housing agency has estab14 lished the payment standard at 

15 110 percent of the fair market 

16 rent for all census tracts in the 

17 area for the previous six months, 

18 the public housing agency has re19 quested a higher payment stand20 ard, and the public housing agen21 cy grants an automatic extension 

22 of 90 days (or longer) to families 

23 with vouchers who are attempting 

24 to find housing, clause (i) shall be 


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1 applied by substituting ‘40 per2 cent’ for ‘25 percent’; and 

3 ‘‘(bb) With respect to census 

4 tracts with a poverty rate of 20 

5 percent or less, clause (i) shall be 

6 applied by substituting ‘50 per7 cent’ for ‘25 percent’ and the Sec8 retary may, by regulation, estab9 lish additional conditions.’’; 

10 (3) in subparagraph (J)— 

11 (A) by striking the fifth and sixth sentences 

12 and inserting the following: ‘‘A public housing 

13 agency may establish and utilize procedures for 

14 maintaining site-based waiting lists under which 

15 applicants may apply directly at, or otherwise 

16 designate to the public housing agency, the 

17 project or projects in which they seek to reside, 

18 except that all eligible applicants on the waiting 

19 list of an agency for assistance under this sub20 section shall be permitted to place their names 

21 on such separate list. All such procedures shall 

22 comply with title VI of the Civil Rights Act of 

23 1964, the Fair Housing Act, and other applica24 ble civil rights laws. The owner or manager of a 

25 structure assisted under this paragraph shall not 


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1 admit any family to a dwelling unit assisted 

2 under a contract pursuant to this paragraph 

3 other than a family referred by the public hous4 ing agency from its waiting list, or a family on 

5 a site-based waiting list that complies with the 

6 requirements of this subparagraph. A public 

7 housing agency shall disclose to each applicant 

8 all other options in the selection of a project in 

9 which to reside that are provided by the public 

10 housing agency and are available to the appli11 cant.’’; and 

12 (B) by inserting after the third sentence the 

13 following new sentence: ‘‘Any family who resides 

14 in a dwelling unit proposed to be assisted under 

15 this paragraph, or in a unit to be replaced by 

16 a proposed unit to be assisted under this para17 graph shall be given an absolute preference for 

18 selection for placement in the proposed unit, if 

19 the family is otherwise eligible for assistance 

20 under this subsection.’’; and 

21 (4) by adding at the end the following new sub22 paragraphs: 

23 ‘‘(N) STRUCTURE OWNED BY AGENCY.—Not24 withstanding any other provision of law, as part 

25 of an initiative to improve, develop, or replace a 


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1 public housing site, a public housing agency may 

2 attach assistance to an existing, newly con3 structed, or rehabilitated structure in which the 

4 agency has an ownership interest or which the 

5 agency has control of without following a com6 petitive process, but only if the agency includes 

7 such initiative in its public housing agency plan 

8 approved under section 5A and the units that re9 ceive such assistance will not receive assistance 

10 under section 9. The preceding sentence may not 

11 be construed to limit the ability of a public hous12 ing agency to attach assistance to structures 

13 under other applicable law. 

14 ‘‘(O) LEASES AND TENANCY.—Assistance 

15 provided under this paragraph shall be subject to 

16 the provisions of paragraph (7), except that sub17 paragraph (A) of such paragraph shall not 

18 apply. Notwithstanding any other provision of 

19 law, for the term of the contract under this para20 graph, the owner may terminate tenancy only 

21 for serious or repeated violations of the terms 

22 and conditions of the lease or for violation of ap23 plicable law. 

24 ‘‘(P) ALLOWABLE TRANSFERS.—A public 

25 housing agency may, subject to the agreement of 


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1 the receiving agency, transfer a portion of its 

2 vouchers and related budget authority to a public 

3 housing agency that administers a program 

4 under this subsection in another jurisdiction lo5 cated in the same or a contiguous metropolitan 

6 area or county. 

7 ‘‘(Q) RENT FLEXIBILITY.—If a dwelling 

8 unit assisted under this paragraph also receives 

9 funding from either of the funds established 

10 under section 1138 or 1339 of the Federal Hous11 ing Enterprises Financial Safety and Soundness 

12 Act of 1992 (12 U.S.C. 4568, 4569), the rent for 

13 the unit, if agreed upon by both the public hous14 ing agency and the owner, may be established at 

15 an amount that is less than would otherwise be 

16 permitted under paragraphs (1)(B) or (10)(A) of 

17 this section.’’. 

18 SEC. 12. RENT BURDENS. 

19 (a) REVIEWS.—Section 8(o)(1) of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437f(o)(1)) is amended 

21 by striking subparagraph (E) and inserting the following 

22 new subparagraph: 

23 ‘‘(E) REVIEWS.— 

24 ‘‘(i) RENT BURDENS.—The Secretary 

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1 port to the Congress annually on the per2 centage of families assisted under this sub3 section, occupying dwelling units of any 

4 size, that pay more than 30 percent of their 

5 adjusted incomes for rent and such percent6 age that pay more than 40 percent of their 

7 adjusted incomes for rent. Using informa8 tion regularly reported by public housing 

9 agencies, the Secretary shall provide public 

10 housing agencies, on an annual basis, a re11 port with the information described in the 

12 first sentence of this clause, and may re13 quire a public housing agency to modify a 

14 payment standard that results in a signifi15 cant percentage of families assisted under 

16 this subsection, occupying dwelling units of 

17 any size, paying more than 30 percent of 

18 their adjusted incomes for rent. In imple19 menting the requirements of this clause, the 

20 Secretary shall separate out calculations 

21 and consideration of families whose rent 

22 contributions are calculated under section 

23 3(a)(3) and clauses (ii) and (iii) of para24 graph (2)(A) of this subsection. 


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1 ‘‘(ii) CONCENTRATION OF POVERTY.— 

2 The Secretary shall submit a report to the 

3 Congress annually on the degree to which 

4 families assisted under this subsection in 

5 each metropolitan area are clustered in 

6 lower rent, higher poverty areas, which shall 

7 include reporting of data by race and eth8 nicity, and how, and the extent to which, 

9 greater geographic distribution of such as10 sisted families could be achieved, including 

11 by increasing payment standards for par12 ticular communities within such metropoli13 tan areas. 

14 ‘‘(iii) PUBLIC HOUSING AGENCY RE15 SPONSIBILITIES.—Each public housing 

16 agency shall make publicly available the in17 formation on rent burdens provided by the 

18 Secretary pursuant to clause (i), and, for 

19 agencies located in metropolitan areas, the 

20 information on concentration provided by 

21 the Secretary pursuant to clause (ii). If a 

22 public housing agency has a high degree of 

23 concentration of poverty, as determined 

24 under a standard to be developed by the 

25 Secretary in accordance with clause (ii), or 


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1 if the percentage of families paying more 

2 than 40 percent of their adjusted net income 

3 exceeds a percentage level, to be established 

4 by the Secretary, the public housing agency 

5 shall adjust the payment standard to elimi6 nate excessive rent burdens within a reason7 able time period or explain its reasons for 

8 not making such adjustment. The Secretary 

9 may not deny the request of a public hous10 ing agency to set a payment standard up to 

11 120 percent of the fair market rent to elimi12 nate excessive rent burdens in accordance 

13 with the preceding sentence, except on the 

14 basis that an agency has not demonstrated 

15 that its request meets these criteria. If a re16 quest of a public housing agency has not 

17 been denied or approved with 45 days after 

18 the request is made, the request shall be con19 sidered to have been approved.’’. 

20 (b) PUBLIC HOUSING AGENCY PLAN.—Section 

21 5A(d)(4) of the United States Housing Act of 1937 (42 

22 U.S.C. 1437c–1(d)(4)) is amended by inserting before the 

23 period at the end the following: ‘‘, including the report with 

24 respect to the agency furnished by the Secretary pursuant 

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1 cable, geographic concentration of voucher holders, any 

2 changes in rent or other policies the public housing agency 

3 is making to address excessive rent burdens or concentra4 tion, and if the public housing agency is not adjusting its 

5 payment standard, its reasons for not doing so’’. 

6 (c) RENT BURDENS FOR PERSONS WITH DISABIL7 ITIES.—Subparagraph (D) of section 8(o)(1) is amended by 

8 inserting before the period at the end the following: ‘‘, except 

9 that a public housing agency may establish a payment 

10 standard of not more than 120 percent of the fair market 

11 rent where necessary as a reasonable accommodation for a 

12 person with a disability, without approval of the Secretary. 

13 A public housing agency may seek approval of the Secretary 

14 to use a payment standard greater than 120 percent of the 

15 fair market rent as a reasonable accommodation for a per16 son with a disability. In connection with the use of any 

17 increased payment standard established or approved pursu18 ant to either of the preceding two sentences as a reasonable 

19 accommodation for a person with a disability, the Secretary 

20 may not establish additional requirements regarding the 

21 amount of adjusted income paid by such person for rent’’. 

22 SEC. 13. ESTABLISHMENT OF FAIR MARKET RENT. 

23 (a) IN GENERAL.—Paragraph (1) of section 8(c) of the 

24 United States Housing Act of 1937 (42 U.S.C. 1437f(c)(1)) 

25 is amended— 


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1 (1) by inserting ‘‘(A)’’ after the paragraph des2 ignation; 

3 (2) by striking the seventh, eighth, and ninth 

4 sentences; and 

5 (3) by adding at the end the following: 

6 ‘‘(B)(i) The Secretary shall define market areas for 

7 purposes of this paragraph in areas sufficiently distinct as 

8 is necessary— 

9 ‘‘(I) to establish fair market rentals that accu10 rately reflect typical rental costs of units suitable for 

11 occupancy by persons assisted under this section in 

12 communities in metropolitan and non-metropolitan 

13 areas (including low poverty areas); and 

14 ‘‘(II) to avoid concentration of voucher holders; 

15 while taking into consideration the factors specified in 

16 clause (ii). 

17 ‘‘(ii) The factors specified in this clause are— 

18 ‘‘(I) the efficient administration of the program 

19 by public housing agencies and the administrative 

20 costs of the Secretary of establishing additional areas; 

21 ‘‘(II) the availability of data for a sufficient 

22 number of dwelling units to establish accurate fair 

23 market rentals; and 


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1 ‘‘(III) the ability of public housing agencies to 

2 adjust the payment standard to more accurately re3 flect typical rental costs. 

4 ‘‘(iii) The Secretary shall establish procedures to per5 mit a public housing agency to request the establishment 

6 of a separate market areas for either all or contiguous parts 

7 of the areas under the jurisdiction of such agency. The Sec8 retary shall consider and approve any such request using 

9 the criteria established in clause (i) and the considerations 

10 under clause (ii). 

11 ‘‘(iv) The Secretary shall not reduce the fair market 

12 rental in a market area as a result of a change in the per13 centile of the distribution of market rents used to establish 

14 the fair market rental. 

15 ‘‘(v) The Secretary shall phase in large increases or 

16 decreases in the fair market rentals that result from changes 

17 in market area boundaries or other methodological changes 

18 that do not reflect actual year-to-year trends in rents by 

19 limiting such increases or decreases to not more than 5 per20 cent each year.’’. 

21 (b) PAYMENT STANDARD.—Subparagraph (B) of sec22 tion 8(o)(1) of the United States Housing Act of 1937 (42 

23 U.S.C. 1437f(o)(1)(B)) is amended by inserting before the 

24 period at the end the following: ‘‘, except that no public 

25 housing agency shall be required as a result of a reduction 


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1 in the fair market rental to reduce the payment standard 

2 applied to a family continuing to reside in a unit for which 

3 the family was receiving assistance under this section at 

4 the time the fair market rental was reduced’’. 

5 SEC. 14. SCREENING OF APPLICANTS. 

6 (a) IN GENERAL.—Subparagraph (B) of section 

7 8(o)(6) of the United States Housing Act of 1937 

8 (1437f(o)(6)(B)) is amended— 

9 (1) by striking ‘‘(B) SELECTION OF TENANTS.— 

10 Each’’ and inserting the following: 

11 ‘‘(B) SELECTION OF TENANTS.— 

12 ‘‘(i) FUNCTION OF OWNER.—Each’’; 

13 (2) in the first sentence, by striking ‘‘unit)’’ and 

14 inserting ‘‘unit’’; 

15 (3) by striking ‘‘In addition’’ and inserting the 

16 following: 

17 ‘‘(ii) SCREENING.—In addition’’; 

18 (4) by inserting after ‘‘establish.’’ the following: 

19 ‘‘A public housing agency’s elective screening shall be 

20 limited to criteria that are directly related to an ap21 plicant’s ability to fulfill the obligations of an as22 sisted lease and shall consider mitigating cir23 cumstances related to such applicant. The require24 ments of the preceding sentence shall not limit the 

25 ability of a public housing agency to deny assistance 


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1 based on an applicant’s criminal background or any 

2 other permissible grounds for denial under subtitle F 

3 of title V of the Quality Housing and Work Responsi4 bility Act of 1998 (42 U.S.C. 13661 et seq.; relating 

5 to safety and security in public and assisted housing), 

6 subject to the procedural requirements of this section. 

7 Any applicant or participant determined to be ineli8 gible for admission or continued participation to the 

9 program shall be notified of the basis for such deter10 mination and provided, within a reasonable time 

11 after the determination, an opportunity for an infor12 mal hearing on such determination at which miti13 gating circumstances, including remedial conduct 

14 subsequent to the conduct that is the basis of such de15 termination, shall be considered.’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(iii) EXISTING ASSISTED FAMILIES.— 

18 Families being provided enhanced vouchers 

19 pursuant to subsection (t), families receiv20 ing assistance under this Act that are subse21 quently provided tenant-based assistance 

22 pursuant to subsection (dd)(1)(B), and fam23 ilies residing in multifamily housing subject 

24 to a mortgage insured under the National 

25 Housing Act that are provided tenant-based 


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1 assistance pursuant to subsection 

2 (dd)(1)(B)(xiv) of this section shall not be 

3 considered new applicants under this para4 graph and shall not be subject to elective re5 screening by a public housing agency.’’. 

6 (b) LEASES AND TENANCY.—Subparagraph (E) of sec7 tion 8(o)(7) of the United States Housing Act of 1937 (42 

8 U.S.C. 1437f(o)(7)(E)) is amended by inserting ‘‘termi9 nation or’’ after ‘‘any’’ the last place such term appears. 

10 (c) DENIALS OF ADMISSION.—Section 576 of the Qual11 ity Housing and Work Responsibility Act of 1998 (42 

12 U.S.C. 13661) is amended— 

13 (1) in subsection (b)— 

14 (A) by striking paragraph (2); 

15 (B) in paragraph (1)— 

16 (i) in subparagraph (A), by inserting 

17 ‘‘, based on documented evidence that is 

18 credible and objective,’’ after ‘‘determines’’; 

19 (ii) in subparagraph (B), by striking 

20 ‘‘that it has reasonable’’ and all that follows 

21 through ‘‘by other residents’’ and inserting 

22 ‘‘, based on documented evidence that is 

23 credible and objective, is a chronic abuser of 

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1 pating in a supervised alcohol rehabilita2 tion program’’; and 

3 (iii) by redesignating subparagraphs 

4 (A) and (B) (as so amended) as paragraphs 

5 (1) and (2) and realigning such para6 graphs, as so redesignated, so as to be in7 dented 2 ems from the left margin; and 

8 (C) by striking the subsection designation 

9 and all that follows through ‘‘Notwithstanding’’ 

10 in paragraph (1) and inserting the following: 

11 ‘‘(b) INELIGIBILITY OF ILLEGAL DRUG USERS AND AL12 COHOL ABUSERS.—Notwithstanding’’; and 

13 (2) in subsection (c)— 

14 (A) in the section heading, by inserting 

15 ‘‘CERTAIN’’ before ‘‘CRIMINAL’’; 

16 (B) in the matter that precedes paragraph 

17 (1)— 

18 (i) by inserting ‘‘, based on docu19 mented evidence that is credible and objec20 tive,’’ after ‘‘determines’’; 

21 (ii) by striking ‘‘a reasonable time’’ 

22 and inserting ‘‘the 5-year period’’; and 

23 (iii) by striking ‘‘or other criminal ac24 tivity’’; 


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1 (C) in paragraph (2), by striking ‘‘reason2 able’’ each place such term appears and inserting 

3 ‘‘5-year’’; and 

4 (D) by adding after and below paragraph 

5 (2) the following: 

6 ‘‘No denial of admission may be made pursuant to this sub7 section based on a misdemeanor charge and conviction un8 less such denial is based on a pattern of activity, the com9 mission of any offense against a child (including child por10 nography offenses), the commission of any offense involving 

11 a child victim, the commission of a sexual assault, the com12 mission of an assault, or the commission of violent, disrup13 tive (as such term is defined by the Secretary), or illegal 

14 behavior that interferes with the right to peaceful enjoyment 

15 of the premises by other residents.’’. 

16 SEC. 15. PROHIBITION ON FIREARMS RESTRICTIONS IN 

17 FEDERALLY ASSISTED HOUSING. 

18 Subtitle F of the Quality Housing and Work Responsi19 bility Act of 1998 is amended by inserting after section 578 

20 (42 U.S.C. 13663) the following new section:. 

21 ‘‘SEC. 578A. PROHIBITION ON FIREARMS RESTRICTIONS IN 

22 FEDERALLY ASSISTED HOUSING. 

23 ‘‘Neither the Secretary of Housing and Urban Develop24 ment, nor any public housing agency, nor any owner of 

25 federally assisted housing may establish any prohibition or 


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1 restriction on the otherwise lawful possession or use of fire2 arms in federally assisted housing.’’. 

3 SEC. 16. ENHANCED VOUCHERS. 

4 (a) QUALIFICATION; ELECTION TO REMAIN IN UNIT.— 

5 Section 8(t)(1) of the United States Housing Act of 1937 

6 (42 U.S.C. 1437f(t)(1)(B)) is amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by inserting ‘‘and shall not require that the family re9 qualify under the selection standards for a public 

10 housing agency in order to be eligible for such assist11 ance’’ before the comma; and 

12 (2) by striking subparagraph (B) and inserting 

13 the following new subparagraph: 

14 ‘‘(B)(i) the assisted family may elect to re15 main in the same project in which the family 

16 was residing on the date of the eligibility event 

17 for the project regardless of unit and family size 

18 standards normally used by the administering 

19 public housing agency (except that tenants may 

20 be required to move to units of appropriate size 

21 if available on the premises), and the owner of 

22 the unit shall accept the enhanced voucher and 

23 terminate the tenancy only for serious or re24 peated violation of the terms and conditions of 

25 the lease or for violation of applicable law; and 


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1 ‘‘(ii) if, during any period the family makes 

2 such an election and continues to so reside, the 

3 rent for the dwelling unit of the family in such 

4 project exceeds the applicable payment standard 

5 established pursuant to subsection (o) for the 

6 unit, the amount of rental assistance provided on 

7 behalf of the family shall be determined using a 

8 payment standard that is equal to the rent for 

9 the dwelling unit (as such rent may be increased 

10 from time-to-time), subject to paragraph (10)(A) 

11 of subsection (o) and any other reasonable limit 

12 prescribed by the Secretary, except that a limit 

13 shall not be considered reasonable for purposes of 

14 this subparagraph if it adversely affects such as15 sisted families;’’. 

16 (b) PROVISION TO RESIDENTS OF ASSISTED MULTI17 FAMILY PROJECTS UPON TERMINATION DATE.— 

18 (1) REQUIREMENT.—Upon the termination date 

19 for each assisted multifamily housing project, to the 

20 extent that amounts for assistance under this para21 graph are provided in advance in appropriation Acts, 

22 the Secretary of Housing and Urban Development 

23 shall make enhanced voucher assistance under section 

24 8(t) of the United States Housing Act of 1937 (42 


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1 U.S.C. 1437f(t)) available on behalf of each family de2 scribed in paragraph (2). 

3 (2) ELIGIBILITY.—A family described in this 

4 paragraph is a family who— 

5 (A)(i) is a low-income family; or 

6 (ii) is a moderate-income family that is— 

7 (I) an elderly family (as such term is 

8 used in section 3(b) of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437a(b)); 

10 (II) a disabled family (as such term is 

11 used in section 3(b) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437a(b)); 

13 or 

14 (III) residing in a low-vacancy area 

15 (as determined by the Secretary); and 

16 (B) on such termination date, is residing in 

17 a dwelling unit of the project that— 

18 (i) immediately before such termi19 nation date was assisted under the multi20 family housing subsidy program for the 

21 project; and 

22 (ii) is not assisted after such termi23 nation date under section 8 of such Act. 

24 (3) ELIGIBILITY EVENT.—Section 8(t)(2) of the 

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


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1 1437f(t)(2)) is amended by adding after the period at 

2 the end the following new sentence: ‘‘Such term in3 cludes, with respect to an assisted multifamily hous4 ing project (as such term is defined in section 16(b) 

5 of the Section 8 Voucher Reform Act of 2009), the oc6 currence of the termination date for the project.’’. 

7 (4) DEFINITIONS.—For purposes of this sub8 section, the following definitions shall apply: 

9 (A) ASSISTED MULTIFAMILY HOUSING

10 PROPERTY.—The term ‘‘assisted multifamily 

11 housing property’’ means a multifamily housing 

12 project for which assistance is provided under a 

13 multifamily housing subsidy program. 

14 (B) LOW-INCOME FAMILY.—The term ‘‘low15 income family’’ has the meaning given such term 

16 in section 3(b) of the United States Housing Act 

17 of 1937 (42 U.S.C. 1437a(b)). 

18 (C) MODERATE-INCOME FAMILY.—The term 

19 ‘‘moderate-income family’’ has the meaning 

20 given such term in section 229 of the Low-In21 come Housing Preservation and Resident Home22 ownership Act of 1992 (12 U.S.C. 4119). 

23 (D) MULTIFAMILY HOUSING SUBSIDY PRO24 GRAM.—The term ‘‘multifamily housing subsidy 

25 program’’ means— 


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1 (i) the below-market interest rate mort2 gage insurance program under section 

3 221(d)(3) of the National Housing Act (12 

4 U.S.C. 1715l(d)(3)); and 

5 (ii) the program for interest reduction 

6 payments under section 236 of the National 

7 Housing Act (12 U.S.C. 1715z–1). 

8 (E) TERMINATION DATE.—The term ‘‘termi9 nation date’’ means, with respect to an assisted 

10 multifamily housing property, the date that— 

11 (i) the mortgage for the property that 

12 is insured under the below-market interest 

13 rate program under section 221(d)(3) of the 

14 National Housing Act, or for which interest 

15 reduction payments are made under section 

16 236 of such Act, matures; and 

17 (ii) the affordability restrictions appli18 cable to the property because of assistance 

19 for the property pursuant to a multifamily 

20 housing subsidy program terminate with re21 spect to the property. 

22 (5) REGULATIONS.—The Secretary may issue 

23 any regulations necessary to carry out this subsection. 

24 (c) PROVISION TO CERTAIN ASSISTED HOUSING RESI25 DENTS.— 


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1 (1) ENHANCED VOUCHER ASSISTANCE.—Not2 withstanding any other provision of law, contract, or 

3 covenant, and subject only to the availability of 

4 amounts provided in advance in appropriation 

5 Acts— 

6 (A) upon the expiration, pursuant to sub7 paragraph (B), of the use restrictions applicable 

8 to the covered properties pursuant to the Emer9 gency Low Income Housing Preservation Act of 

10 1987 (12 U.S.C. 1715l note), each family who is 

11 an eligible low-income or moderate income fam12 ily, as such terms are used for purposes of sec13 tion 223(f)(2)(A) of the Low-Income Housing 

14 Preservation and Resident Homeownership Act 

15 of 1990 (12 U.S.C. 4113(f)(2)(A)), and, as of 

16 such expiration, is residing in a dwelling unit in 

17 the covered properties not covered by project18 based rental assistance, shall be offered enhanced 

19 voucher assistance under section 8(t) of the 

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

21 1437f(t)), and each such family who chooses to 

22 remain in the covered properties shall have three 

23 years from the date of the issuance of such en24 hanced voucher to commence use of the voucher; 


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1 (B) such use restrictions applicable to the 

2 covered properties shall be deemed to expire on 

3 March 1, 2010, but only if the owner of the cov4 ered properties enters into agreements with the 

5 Secretary to maintain the project-based rental 

6 assistance for the properties for a period begin7 ning upon such expiration of not fewer than 20 

8 years; and 

9 (C) the contract rents for dwelling units in 

10 the covered properties covered by project-based 

11 rental assistance shall be determined during the 

12 period ending upon the expiration of such use re13 strictions pursuant to subparagraph (B) based 

14 upon the rents for comparable unassisted and 

15 unrestricted units in the area in which the cov16 ered properties are located; except that before 

17 May 1, 2012, the rental assistance payments for 

18 such project-based units in the covered property 

19 known as Georgetowne Houses II shall be re20 stricted to the rent levels provided under the 

21 Emergency Low Income Housing Preservation 

22 Act of 1987. 

23 (2) COVERED PROPERTIES.—For purposes of this 

24 subsection, the term ‘‘covered properties’’ means the 

25 housing developments known as Georgetowne Houses 


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1 I and II (formerly identified by FHA project nos. 

2 023-55058 and 023-55179), located in Boston, Massa3 chusetts. 

4 (3) FUNDING.—Amounts for the enhanced vouch5 ers pursuant to this subsection shall be provided 

6 under amounts appropriated for tenant-based rental 

7 assistance otherwise authorized under section 8(t) of 

8 the United States Housing Act of 1937. 

9 (4) APPLICABILITY.—This subsection shall take 

10 effect upon enactment and nothing in this subsection 

11 may be construed to require any administrative guid12 ance. 

13 SEC. 17. DEMONSTRATION PROGRAM WAIVER AUTHORITY. 

14 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—Not15 withstanding any other provision of law, the Secretary of 

16 Housing and Urban Development may enter into such 

17 agreements as may be necessary with the Social Security 

18 Administration and the Secretary of Health and Human 

19 Services to allow for the participation, in any demonstra20 tion program described in subsection (c), by the Department 

21 of Housing and Urban Development and the use under such 

22 program of housing choice vouchers under section 8(o) of 

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

24 1437f(o)). 


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1 (b) WAIVER OF INCOME REQUIREMENTS.—The Sec2 retary of Housing and Urban Development may, to extent 

3 necessary to allow rental assistance under section 8(o) of 

4 the United States Housing Act of 1937 to be provided on 

5 behalf of persons described in subsection (c) who participate 

6 in a demonstration program described in such subsection, 

7 and to allow such persons to be placed on a waiting list 

8 for such assistance, partially or wholly disregard increases 

9 in earned income for the purpose of rent calculations under 

10 section 3 for such persons. 

11 (c) DEMONSTRATION PROGRAMS.—A demonstration 

12 program described in this subsection is a demonstration 

13 program of a State that provides for persons with signifi14 cant disabilities to be employed and continue to receive ben15 efits under programs of the Department of Health and 

16 Human Services and the Social Security Administration, 

17 including the program of supplemental security income 

18 benefits under title XVI of the Social Security Act, dis19 ability insurance benefits under title II of such Act, and 

20 the State program for medical assistance (Medicaid) under 

21 title XIX of such Act. 

22 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated for fiscal year 

24 2010 the amount necessary to provide public housing agen25 cies with incremental assistance under section 8(o) of the 


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1 United States Housing Act of 1937 (42 U.S.C. 1437f(o)) 

2 sufficient to assist 150,000 incremental dwelling units in 

3 such fiscal year, for— 

4 (1) tenant-based assistance; and 

5 (2) project-based voucher assistance for extremely 

6 low-income families, in conjunction with— 

7 (A) funding from either of the funds estab8 lished under section 1138 or 1339 of the Federal 

9 Housing Enterprises Financial Safety and 

10 Soundness Act of 1992 (12 U.S.C. 4568, 4569); 

11 (B) low-income housing tax credits provided 

12 under section 42 of the Internal Revenue Code of 

13 1986; 

14 (C) amounts provided under the community 

15 development block grant program under title I of 

16 the Housing and Community Development Act of 

17 1974 (42 U.S.C. 5301 et seq.) and the HOME 

18 investment partnerships program under title II 

19 of the Cranston-Gonzalez National Affordable 

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

21 (D) State and local affordable housing 

22 funds and programs. 


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1 SEC. 19. AGENCY AUTHORITY FOR UTILITY PAYMENTS IN 

2 CERTAIN CIRCUMSTANCES. 

3 Section 8(o) of the United States Housing Act of 1937 

4 (42 U.S.C. 1437f(o)), as amended by the preceding provi5 sions of this Act, is further amended by adding at the end 

6 the following new paragraph: 

7 ‘‘(22) AUTHORITY OF PUBLIC HOUSING AGENCIES

8 TO MAKE DIRECT PAYMENTS FOR UTILITIES WHEN

9 OWNER FAILS TO PAY.— 

10 ‘‘(A) IN GENERAL.—If the owner has failed 

11 to pay for utilities that are the responsibility of 

12 the owner under the lease or applicable law, the 

13 public housing agency is authorized to utilize 

14 subsidy payments otherwise due the owner to 

15 pay for continued utility service to avoid hard16 ship to program participants. 

17 ‘‘(B) NOTICE.—Before making utility pay18 ments as described in subparagraph (A), the 

19 public housing agency shall take reasonable steps 

20 to notify the owner that it intends to make pay21 ments to a utility provider in lieu of payments 

22 to the owner, except prior notification shall not 

23 be required in any case in which the unit will 

24 be or has been rendered uninhabitable due to the 

25 termination or threat of termination of service, 

26 in which case the public housing agency shall 


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1 notify the owner within a reasonable time after 

2 making such payment.’’. 

3 SEC. 20. UTILITY DATA. 

4 Section 8(o) of the United States Housing Act of 1937 

5 (42 U.S.C. 1437f(o), as amended by the preceding provi6 sions of this Act, is further amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(23) UTILITY DATA.— 

9 ‘‘(A) PUBLICATION.—The Secretary shall 

10 regularly publish such data regarding utility 

11 consumption and costs in local areas as the Sec12 retary determines will be useful for the establish13 ment of allowances for tenant-paid utilities for 

14 families assisted under this subsection. 

15 ‘‘(B) GUIDELINES FOR USE.—The Secretary 

16 shall establish guidelines providing for the use of 

17 such data in a manner that— 

18 ‘‘(i) avoids unnecessary administrative 

19 burdens for public housing agencies; and 

20 ‘‘(ii) protects families in various unit 

21 sizes and building types, and using various 

22 utilities, from high rent and utility cost 

23 burdens relative to income.’’. 


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1 SEC. 21. PROJECT-BASED PRESERVATION VOUCHERS. 

2 (a) ENHANCED VOUCHERS.—Section 8(t) of the 

3 United States Housing Act of 1937 (42 U.S.C. 1437f(t)) 

4 is amended— 

5 (1) by redesignating paragraph (4) as para6 graph (5); and 

7 (2) by inserting after paragraph (3) the fol8 lowing new paragraph: 

9 ‘‘(4) PRESERVATION PROJECT-BASED VOUCHER

10 ASSISTANCE.—Notwithstanding any other provision 

11 of law, in the case of a multifamily housing project 

12 with respect to which an eligibility event occurs or 

13 has occurred, project-based voucher assistance may be 

14 provided in accordance with subsection (o)(13)(R) in 

15 lieu of enhanced voucher assistance under this sub16 section. Such project-based voucher assistance shall 

17 not be subject to the provisions of this subsection, ex18 cept as otherwise specifically provided in subsection 

19 (o)(13)(R).’’. 

20 (b) PHA PROJECT-BASED VOUCHER ASSISTANCE.— 

21 Paragraph (13) of section 8(o) of the United States Housing 

22 Act of 1937 (42 U.S.C. 1437f(o)(13)), as amended by the 

23 preceding provisions of this Act, is further amended by add24 ing at the end the following new subparagraph: 

25 ‘‘(R) PRESERVATION ASSISTANCE.— 


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1 ‘‘(i) AUTHORITY.—Project-based vouch2 er assistance under this paragraph shall be 

3 made available in accordance with this sub4 paragraph for multifamily housing projects 

5 for which an eligibility event (as such term 

6 is defined in subsection (t)) occurs or has 

7 occurred and for which enhanced voucher 

8 assistance would otherwise be, or has been, 

9 provided under subsection (t). Any such as10 sistance shall be in lieu of enhanced voucher 

11 assistance under subsection (t) for tenants 

12 residing in the project and shall be provided 

13 by the Secretary to a public housing agency. 

14 ‘‘(ii) REQUEST AND PROVISION.—If the 

15 owner of a multifamily housing project 

16 makes a request for project-based voucher 

17 assistance pursuant to this subparagraph 

18 for the project to a public housing agency 

19 that administers a program for assistance 

20 under subsection (o) for a jurisdiction with21 in which the project is located, a contract 

22 for assistance under this subparagraph shall 

23 be provided with respect to the project, sub24 ject to clause (v). 


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1 ‘‘(iii) TIMING, COVERAGE, AND UNIT

2 RENTS.— 

3 ‘‘(I) REQUEST MADE BEFORE ELI4 GIBILITY EVENT.—In the case of a con5 tract for assistance under this subpara6 graph with respect to a project that is 

7 requested prior to the occurrence of the 

8 eligibility event, the contract for assist9 ance shall be provided, subject to clause 

10 (v), upon the occurrence of the eligi11 bility event. Such contract shall cover 

12 all dwelling units in the project for 

13 which enhanced voucher assistance 

14 under subsection (t) would otherwise be 

15 provided. 

16 ‘‘(II) REQUEST MADE AFTER

17 ISSUANCE OF ENHANCED VOUCHERS.— 

18 In the case of a contract for assistance 

19 under this subparagraph with respect 

20 to a project that is requested after the 

21 issuance of enhanced vouchers under 

22 subsection (t) for the project, the con23 tract shall be provided, subject to 

24 clause (v), as soon as possible. Such 

25 contract shall cover all dwelling units 


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1 in the project that are occupied by ten2 ants receiving such enhanced voucher 

3 assistance at the time the contract is 

4 effective. 

5 ‘‘(III) COVERAGE OF ADDITIONAL

6 DWELLING UNITS.—At the request of 

7 the owner of a multifamily housing 

8 project for which a contract for assist9 ance is to be provided under this sub10 paragraph, the public housing agency 

11 may contract with the owner for 

12 project-based voucher assistance under 

13 this subparagraph to cover additional 

14 dwelling units, if the public housing 

15 agency determines that such additional 

16 assistance is necessary or desirable to 

17 further the purposes reflected in clause 

18 (v). 

19 ‘‘(IV) APPROVAL OF HIGHER

20 RENTS.—At the request of the owner of 

21 a multifamily housing project for a 

22 contract for assistance under this sub23 paragraph to establish rents at levels 

24 above those permitted by subparagraph 

25 (H), a public housing agency that has 


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1 made the determinations required by 

2 clause (v) may request, and the Sec3 retary may approve, higher unit rents 

4 if necessary to preserve housing oppor5 tunities that further the purposes of 

6 clause (v). 

7 ‘‘(iv) PROJECTS IN MULTIPLE PHA JU8 RISDICTIONS.—If the Secretary has not en9 tered into a contract with a public housing 

10 agency to provide enhanced voucher assist11 ance under subsection (t) for the project at 

12 the time the owner of a multifamily housing 

13 project requests assistance under this sub14 paragraph, and the project is located within 

15 the jurisdiction for the program under sub16 section (o) of more than one public housing 

17 agency, in determining which agency will 

18 administer such assistance, the Secretary 

19 shall— 

20 ‘‘(I) consider the ratio of the num21 ber of vouchers to be awarded under 

22 this subparagraph and of other project23 based vouchers administered under this 

24 paragraph to the total number of 


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1 vouchers administered by an agency; 

2 and 

3 ‘‘(II) among other factors, provide 

4 preference to an agency for which the 

5 total number of project-based vouchers 

6 administered under this paragraph, 

7 including vouchers to be awarded pur8 suant to this subparagraph, would not 

9 exceed 50 percent of the total number 

10 of all vouchers to be administered by 

11 the agency after such award. 

12 The Secretary shall establish guidelines for 

13 determining which agency will administer 

14 assistance if a unit is not located within the 

15 jurisdiction of any public housing agency 

16 that administers vouchers. 

17 ‘‘(v) REQUIRED DETERMINATIONS.—As 

18 a condition of entering into a contract pur19 suant to this subparagraph, the public hous20 ing agency shall have determined, before en21 tering into such contract that— 

22 ‘‘(I) the housing to be assisted 

23 under the contract is economically via24 ble; and 


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1 ‘‘(II)(aa) there is a significant de2 mand for the housing; 

3 ‘‘(bb) the housing will contribute 

4 to a community revitalization plan or 

5 to deconcentrating poverty and ex6 panding housing and economic oppor7 tunities; or 

8 ‘‘(cc) the continued affordability 

9 of the housing otherwise is an impor10 tant asset to the community. 

11 ‘‘(vi) INAPPLICABILITY OF GOALS.— 

12 Subparagraph (C) shall not apply to a 

13 housing assistance payment contract pursu14 ant to this subparagraph. 

15 ‘‘(vii) DISREGARD OF ASSISTANCE

16 UNDER PERCENTAGE LIMITATION.— 

17 Amounts provided pursuant to this sub18 paragraph shall not be considered for pur19 poses of calculating the limitation under 

20 subparagraph (B). 

21 ‘‘(viii) INAPPLICABILITY OF INCOME22 MIXING REQUIREMENT.—Subparagraph (D) 

23 shall not apply with respect to a housing 

24 assistance payments contract pursuant to 

25 this subparagraph. 


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1 ‘‘(ix) ELIGIBILITY.—Subject only to 

2 clause (iii) and notwithstanding any other 

3 provision of law, any family residing in a 

4 multifamily housing project on the date of 

5 the eligibility event for the project who 

6 would otherwise be eligible for enhanced 

7 voucher assistance under subsection (t) shall 

8 be eligible for project-based voucher assist9 ance pursuant to this subparagraph.’’. 

10 SEC. 22. EFFECT OF FORECLOSURE ON SECTION 8 TENAN11 CIES. 

12 (a) USE OF RENTAL ASSISTANCE AMOUNTS.—Section 

13 8(o)(7) of the United States Housing Act of 1937 (42 U.S.C. 

14 1437f(o)(7)), as amended by section 703 of division A of 

15 Public Law 111–22 (123 Stat. 1661), is amended— 

16 (1) in subparagraph (F), by inserting after ‘‘oc17 cupied unit,’’ the following: ‘‘and if a public housing 

18 agency is unable to make payments under the con19 tract to the immediate successor in interest after fore20 closure, due to action or inaction by the successor in 

21 interest, including the rejection of payments or the 

22 failure of the successor to maintain the unit in com23 pliance with paragraph (8), or an inability to iden24 tify the successor, the agency may use funds that 


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1 would have been used to pay the rental amount on be2 half of the family— 

3 ‘‘(i) to pay for utilities that are the re4 sponsibility of the owner under the lease or 

5 applicable law, after taking reasonable steps 

6 to notify the owner that it intends to make 

7 payments to a utility provider in lieu of 

8 payments to the owner, except prior notifi9 cation shall not be required in any case in 

10 which the unit will be or has been rendered 

11 uninhabitable due to the termination or 

12 threat of termination of service, in which 

13 case the public housing agency shall notify 

14 the owner within a reasonable time after 

15 making such payment; or 

16 ‘‘(ii) for the family’s reasonable mov17 ing costs, including security deposit costs.’’; 

18 (2) by striking ‘‘except that this provision and 

19 the provisions related to foreclosure in subparagraph 

20 (C) shall not’’ in subparagraph (F) and inserting the 

21 following: 

22 ‘‘The provisions related to foreclosure in subpara23 graphs (C) and (F)’’; and 

24 (3) in the matter after and below subparagraph 

25 (F), as amended by paragraph (2) of this subsection, 


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1 by adding after the period at the end the following: 

2 ‘‘For purposes of subparagraphs (C) and (F), the 

3 term ‘immediate successor in interest’ includes a pur4 chaser who purchases a property from an immediate 

5 successor in interest.’’. 

6 (b) SUNSET.—Section 704 of division A of the Helping 

7 Families Save Their Homes Act (42 U.S.C. 1437f note; 

8 Public Law 111–22; 123 Stat. 1662) is amended— 

9 (1) by striking ‘‘This title, and any amendments 

10 made by this title are’’ and inserting ‘‘Section 702 

11 is’’; and 

12 (2) by striking ‘‘this title’’ and inserting ‘‘such 

13 section’’. 

14 SEC. 23. STUDY TO IDENTIFY OBSTACLES TO USING VOUCH15 ERS IN FEDERALLY SUBSIDIZED HOUSING 

16 PROJECTS. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall conduct a study of (1) the housing voucher pro19 gram authorized under section 8(o) of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437f(o)), and (2) other 

21 federally subsidized housing programs, to determine wheth22 er any statutory, regulatory, or administrative provisions 

23 of the housing voucher program or of other federally sub24 sidized housing programs, or policies and practices of hous25 ing owners or public housing agencies or other agencies, 


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1 may have the effect of making occupancy by voucher holders 

2 in federally subsidized housing projects more difficult to ob3 tain than occupancy by non-voucher holders. In conducting 

4 the study required under this subsection the Comptroller 

5 General shall determine if any gaps exist in the statute, 

6 regulations, or administration of the housing voucher pro7 gram or of other federally subsidized housing programs and 

8 policies and practices of housing owners or public housing 

9 agencies or other agencies that, if addressed, could eliminate 

10 or reduce obstacles to voucher holders in seeking occupancy 

11 in federally subsidized housing projects. Such study shall 

12 include data on the use of housing vouchers in federally sub13 sidized housing projects. 

14 (b) DEFINITION.—As used in this section, the term 

15 ‘‘federally subsidized housing projects’’ includes projects as16 sisted pursuant to the HOME investment partnerships pro17 gram under title II of the Cranston-Gonzalez National Af18 fordable Housing Act (42 U.S.C. 12721 et seq.) and those 

19 projects receiving the benefit of low-income housing credits 

20 under section 42 of the Internal Revenue Code of 1986 (26 

21 U.S.C. 42). 

22 (c) REPORT.—Not later than 6 months after the date 

23 of enactment of this Act, the Comptroller General shall re24 port to Congress the findings from the study required under 


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1 subsection (a) and any recommendations for statutory, reg2 ulatory, or administrative changes. 

3 SEC. 24. INTERAGENCY COUNCIL ON HOMELESSNESS. 

4 (a) TECHNICAL CORRECTION.—Section 202(e) of the 

5 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

6 11312), as amended by section 1004 of division B of Public 

7 Law 111–22, is amended by striking ‘‘Chairman’’ and in8 serting ‘‘Chairperson’’. 

9 (b) DUTIES.—Section 203 of the McKinney-Vento 

10 Homeless Assistance Act (42 U.S.C. 11313), as amended by 

11 section 1004 of Public Law 111–22, is amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraphs (6) 

14 through (13) as paragraphs (9) through (16), re15 spectively; 

16 (B) in paragraph (1), by inserting ‘‘which 

17 shall set forth actions to accomplish the goal of 

18 ending homelessness,’’ after ‘‘National Strategic 

19 Plan to End Homelessness,’’; 

20 (C) in paragraph (3), by inserting before 

21 the semicolon at the end the following: ‘‘and en22 sure that related programs and activities to as23 sist homeless individuals of Federal agencies are 

24 coordinated with each other’’; and 


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1 (D) by inserting after paragraph (5) the fol2 lowing new paragraphs: 

3 ‘‘(6) make recommendations, in the reports sub4 mitted pursuant to subsection (c) on— 

5 ‘‘(A) long-term goals for the Congress to re6 duce homelessness; and 

7 ‘‘(B) legislative strategies for the Congress 

8 to achieve such goals; 

9 ‘‘(7) evaluate the Federal role in interacting and 

10 coordinating with State and local entities that ad11 dress homelessness; 

12 ‘‘(8) conduct research and develop methods— 

13 ‘‘(A) through consultation with State and 

14 local agencies, to improve coordination between 

15 the Council and Federal agencies in existence 

16 upon the date of enactment of the Interagency 

17 Council on Homelessness Reform Act of 2009 

18 that specifically deal with homelessness; and 

19 ‘‘(B) to minimize the period during which 

20 individuals remain homeless;’’; and 

21 (2) in subsection (c), by adding at the end the 

22 following new paragraphs: 

23 ‘‘(3) BIENNIAL REPORT.—The Council shall pre24 pare and transmit to the President and the Congress 


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1 a biennial report detailing the efforts of the Council 

2 to address homelessness. 

3 ‘‘(4) PUBLIC AVAILABILITY.—The Council shall 

4 make each report submitted to the Congress pursuant 

5 to paragraph (1), (2), or (3) of this subsection, and 

6 the national plan and updates of such plan submitted 

7 pursuant to paragraph (1) of subsection (a), publicly 

8 available, including through posting on a World Wide 

9 Web site maintained by the Council.’’. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 208 of the McKinney-Vento Homeless Assistance Act (42 

12 U.S.C. 11318), as amended by section 1004 of division B 

13 of Public Law 111–22, is amended by striking ‘‘fiscal years 

14 2011’’ and inserting ‘‘each of fiscal years 2011 through 

15 2015’’. 

16 SEC. 25. STUDY OF EFFECTS OF SECTION 8 PROGRAM ON 

17 HUD BUDGET AND PROGRAMS. 

18 The Comptroller General of the United States shall 

19 conduct a study to identify and analyze the effects that the 

20 rental assistance program under section 8 of the United 

21 States Housing Act of 1937 (42 U.S.C. 1437f) has on the 

22 other programs administered by the Secretary of Housing 

23 and Urban Development and on the overall budget for the 

24 Department of Housing and Urban Development. Not later 

25 than the expiration of the 6-month period beginning on the 


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1 date of the enactment of this Act, the Comptroller General 

2 shall submit a report to the Congress setting forth the results 

3 and conclusions of the study under this section. 

4 SEC. 26. HOUSING INNOVATION PROGRAM. 

5 (a) ESTABLISHMENT OF PROGRAM.—Title I of the 

6 United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 37. HOUSING INNOVATION PROGRAM. 

9 ‘‘(a) PURPOSE.—The purpose of this section is to es10 tablish a program under which public housing agencies are 

11 given the flexibility to design, and the Secretary is given 

12 the responsibility to evaluate, innovative approaches to pro13 viding housing assistance that— 

14 ‘‘(1) increase housing opportunities for low-, 

15 very low-, and extremely low-income families, includ16 ing preserving, modernizing, rehabilitating, reconfig17 uring, or replacing public housing at risk of physical 

18 deterioration or obsolescence, developing additional 

19 affordable housing, providing supportive housing, and 

20 increasing the number of families receiving tenant21 based rental assistance; 

22 ‘‘(2) provide financial incentives and other sup23 port mechanisms to families to obtain employment 

24 and increase earned income, and achieve economic 

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1 tremely low-income families from increased rent bur2 dens; 

3 ‘‘(3) utilize funds in a more effective or cost-effi4 cient manner, including achieving energy, adminis5 trative, and other cost savings; 

6 ‘‘(4) leverage other Federal, State, and local 

7 funding sources, including the low-income housing tax 

8 credit program, to expand and preserve affordable 

9 housing opportunities, including public housing; 

10 ‘‘(5) test alternative rent-setting policies to deter11 mine whether rent determinations can be simplified 

12 and administrative cost savings can be realized while 

13 protecting extremely low- and very low-income fami14 lies from increased rent burdens; 

15 ‘‘(6) are subject to rigorous evaluation to test the 

16 effectiveness of such innovative approaches; and 

17 ‘‘(7) are developed with the support of the local 

18 community and with the substantial participation of 

19 affected residents. 

20 ‘‘(b) PROGRAM AUTHORITY.— 

21 ‘‘(1) SCOPE.— 

22 ‘‘(A) PRIORITY STRATEGY AGENCIES.—The 

23 Secretary shall carry out a housing innovation 

24 program under this section under which the Sec25 retary shall designate such number of public 


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1 housing agencies, which shall not exceed 60, to 

2 participate in the housing innovation program 

3 as may be necessary, in conjunction with agen4 cies approved for continued program participa5 tion pursuant to subsection (c), to demonstrate 

6 the effectiveness of the priority strategies identi7 fied in subsection (d)(2). 

8 ‘‘(B) ADDITIONAL PROGRAM AGENCIES.— 

9 The Secretary shall also designate such number 

10 of additional agencies, which shall not exceed 20, 

11 to participate in the program under the terms of 

12 subsection (i) as may be necessary to dem13 onstrate other innovative strategies as the Sec14 retary or applicants may propose. 

15 ‘‘(C) TRANSFER OF EXISTING MTW AGEN16 CIES.—The Secretary shall also approve and 

17 transfer into the program existing MTW agencies 

18 pursuant to subsection (c). 

19 ‘‘(2) DURATION.—The Secretary may carry out 

20 the housing innovation program under this section 

21 only during the 10-year period beginning on the date 

22 of the enactment of the Section 8 Voucher Reform Act 

23 of 2009. 

24 ‘‘(c) PARTICIPATION OF EXISTING MTW AGENCIES.— 


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1 ‘‘(1) IN GENERAL.—Subject to the requirements 

2 of paragraph (2), all existing MTW agencies shall be 

3 designated to participate in the program. 

4 ‘‘(2) CONDITIONS OF PARTICIPATION.—The Sec5 retary shall approve and transfer into the housing in6 novation program under this section each existing 

7 MTW agency that the Secretary determines— 

8 ‘‘(A) is not in default under such agree9 ment; 

10 ‘‘(B) is meeting the goals and objectives of 

11 its moving to work plan; and 

12 ‘‘(C) with respect to any agency that has 

13 been audited by the Inspector General of the De14 partment of Housing and Urban Development 

15 and that the Inspector General has determined 

16 was not complying with program rules, is cur17 rently complying with such rules; the Secretary 

18 shall provide an agency that the Secretary deter19 mines is not in compliance a reasonable period 

20 of time to achieve such compliance. 

21 ‘‘(3) TERMS OF PARTICIPATION.—Any agency 

22 approved for transfer into the housing innovation 

23 program may, at its option, be subject to the provi24 sions of subsection (d)(3), in lieu of an agreement 

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1 tion in the Moving to Work program. Each agency 

2 shall, within two years after the date of the enactment 

3 of the Section 8 Voucher Reform Act of 2009, make 

4 changes to its policies that were implemented before 

5 such date of enactment in order to comply with the 

6 requirements of this section. Existing MTW agencies 

7 shall not be required to comply with any require8 ments under subsection (d). 

9 ‘‘(d) ADDITIONAL AGENCIES.— 

10 ‘‘(1) PROPOSALS; SELECTION PROCESS.—In ad11 dition to agencies participating in the program pur12 suant to subsection (c), the Secretary shall, within 12 

13 months after such date of enactment, select public 

14 housing agencies to participate in the program pursu15 ant to a competitive process that meets the following 

16 requirements: 

17 ‘‘(A) Any public housing agency may be se18 lected to participate in the program, except that 

19 not more than 5 agencies that are near-troubled 

20 under the public housing assessment system and/ 

21 or section 8 management assessment program 

22 may be selected, and except that any agency that 

23 is a troubled agency under either such assess24 ment program or for which the Secretary has 

25 hired an alternative management entity for such 


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1 agency or has taken possession of all or any part 

2 of such agency’s public housing program shall 

3 not be eligible for participation. Any near-trou4 bled public housing agency participating in the 

5 program shall remain subject to the requirements 

6 of this Act governing tenant rent contributions, 

7 eligibility, and continued participation, and 

8 may not adopt policies described in subsection 

9 (e)(4) (relating to rents and requirements for 

10 continued occupation and participation). 

11 ‘‘(B) The process provides, to the extent pos12 sible based on eligible agencies submitting appli13 cations and taking into account existing MTW 

14 agencies participating pursuant to subsection 

15 (c), for representation among agencies selected of 

16 agencies having various characteristics, includ17 ing both large and small agencies, agencies serv18 ing urban, suburban, and rural areas, and agen19 cies in various geographical regions throughout 

20 the United States, and which may include the se21 lection of agencies that only administer the 

22 voucher program under section 8(o). 

23 ‘‘(C) Any agency submitting a proposal 

24 under this paragraph shall have provided notice 

25 to residents and the local community, not later 


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1 than 30 days before the first of the two public 

2 meetings required under subparagraph (D). 

3 ‘‘(D) The agency submitting a proposal 

4 shall hold two public meetings to receive com5 ments on the agency’s proposed application, on 

6 the implications of changes under the proposal, 

7 and the possible impact on residents. 

8 ‘‘(E) The process includes criteria for selec9 tion, as follows: 

10 ‘‘(i) The extent to which— 

11 ‘‘(I) if proposal is for the purpose 

12 of carrying out the priority strategy 

13 under paragraph (2)(A) of this sub14 section, the proposal is likely to achieve 

15 the purposes of increasing housing op16 portunities for low-, very low-, and ex17 tremely low-income families, including 

18 preserving, modernizing, rehabili19 tating, reconfiguring, or replacing pub20 lic housing at risk of physical deterio21 ration or obsolescence, developing addi22 tional affordable housing, providing 

23 supportive housing, or increasing the 

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1 based rental assistance, or a combina2 tion of these purposes; 

3 ‘‘(II) if the proposal is for the 

4 purpose of carrying out the priority 

5 strategy under paragraph (2)(B) of 

6 this subsection, the proposal is likely to 

7 achieve the purposes of families obtain8 ing employment, increasing earned in9 come, or achieving economic self-suffi10 ciency, while protecting extremely low11 and very low-income families from in12 creased rent burdens; 

13 ‘‘(III) if the proposal is for the 

14 purpose of carrying out an innovative 

15 strategy under paragraph (2)(C) of 

16 this subsection, the proposal is likely to 

17 utilize funds in a more effective or 

18 cost-efficient manner, including achiev19 ing energy, administrative, or other 

20 cost-savings; or 

21 ‘‘(IV) if the proposal is for the 

22 purpose of carrying out an innovative 

23 strategy pursuant to subsection 

24 (b)(1)(B), the proposal is likely to 


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1 achieve the goals and objectives of such 

2 strategy. 

3 ‘‘(ii) The extent to which the proposal 

4 generally identifies statutory provisions and 

5 existing rules and regulations that impede 

6 achievement of the goals and objectives of 

7 the proposal and an explanation of why a 

8 waiver of such statutory provisions, rules, 

9 and regulations is necessary to achieve such 

10 goals and objectives. 

11 ‘‘(iii) The extent to which the agency 

12 has a successful history of implementing or 

13 has expertise in strategies similar to those 

14 set forth in the agency’s proposal. 

15 ‘‘(iv) The extent of commitment and 

16 funding for carrying out the proposal by 

17 local and State government agencies and 

18 nonprofit organizations, including the pro19 vision of additional funding and other serv20 ices, and the extent of support for the pro21 posal by residents, resident advisory boards, 

22 and members of the local community. 

23 ‘‘(v) Such other factors as the Sec24 retary may establish, in consultation with 

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1 ested in participating in the program, pro2 gram stakeholders, and any entity con3 ducting evaluations pursuant to subsection 

4 (f). 

5 ‘‘(2) PRIORITY STRATEGIES.—For purposes of 

6 the first sentence of paragraph (b)(1), the following 

7 are priority strategies: 

8 ‘‘(A) INCREASING HOUSING OPPORTUNI9 TIES.—A strategy of development of increasing 

10 housing opportunities for low-, very low-, and 

11 extremely low-income families, including pre12 serving, modernizing, rehabilitating, reconfig13 uring, or replacing public housing at risk of 

14 physical deterioration or obsolescence, developing 

15 additional affordable housing, providing sup16 portive housing, or increasing the number of 

17 families receiving tenant-based rental assistance, 

18 or a combination of these purposes, and which 

19 may include leveraging other Federal, State, and 

20 local funding sources. 

21 ‘‘(B) RENT REFORMS AND FAMILY SELF22 SUFFICIENCY.—A strategy to implement rent re23 forms and other self-sufficiency incentives or re24 sources, which shall be designed to help families 

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1 come, or achieve economic self-sufficiency, while 

2 protecting extremely low- and very low-income 

3 families from increased rent burdens. 

4 ‘‘(C) COST-EFFECTIVENESS.—A strategy to 

5 utilize funds in a more effective or cost-efficient 

6 manner, including achieving energy, administra7 tive, or other cost-savings. 

8 ‘‘(3) CONTRACT AMENDMENT.—After selecting 

9 agencies under this subsection, the Secretary shall 

10 promptly amend the applicable annual contributions 

11 contracts of such agencies to provide that— 

12 ‘‘(A) subject to compliance with all program 

13 rules under this section, such agencies may im14 plement any policies and activities that are not 

15 inconsistent with this section, without specifying 

16 such policies and activities in such amendment 

17 and without negotiating or entering into any 

18 other agreements with the Secretary specifying 

19 such policies and activities; and 

20 ‘‘(B) the policies and activities to be imple21 mented by an agency under the program in a 

22 given year shall be described in and subject to 

23 the requirements of the annual plan under sub24 section (e)(11). 


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1 ‘‘(4) MAINTAINING PARTICIPATION RATE.—If, at 

2 any time after the initial selection period under para3 graph (1), the number of public housing agencies par4 ticipating in the program falls below the number se5 lected pursuant to paragraph (1), the Secretary shall 

6 promptly solicit applications from and select public 

7 housing agencies to participate in the program under 

8 the terms and conditions for application and selection 

9 provided in this section to increase the number of 

10 participating agencies to the number initially selected 

11 pursuant to paragraph (1). 

12 ‘‘(e) PROGRAM REQUIREMENTS.— 

13 ‘‘(1) PROGRAM FUNDS.— 

14 ‘‘(A) IN GENERAL.—To carry out a housing 

15 innovation program under this section, the par16 ticipating agency may use amounts provided to 

17 the agency from the Operating Fund under sec18 tion 9(e), amounts provided to the agency from 

19 the Capital Fund under section 9(d), and 

20 amounts provided to the agency for voucher as21 sistance under section 8(o). Such program funds 

22 may be used for any activities that are author23 ized by section 8(o) or 9, or for other activities 

24 that are not inconsistent with this section, which 

25 may include, without limitation— 


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1 ‘‘(i) providing capital and operating 

2 assistance, and financing for housing pre3 viously developed or operated pursuant to a 

4 contract between the Secretary and such 

5 agency; 

6 ‘‘(ii) the acquisition, new construction, 

7 rehabilitation, financing, and provision of 

8 capital or operating assistance for low-in9 come housing (including housing other than 

10 public housing) and related facilities, which 

11 may be for terms exceeding the term of the 

12 program under this section in order to se13 cure other financing for such housing; 

14 ‘‘(iii) costs of site acquisition and im15 provement, providing utility services, demo16 lition, planning, and administration of ac17 tivities under this paragraph; 

18 ‘‘(iv) housing counseling for low-in19 come families in connection with rental or 

20 homeownership assistance provided under 

21 the program; 

22 ‘‘(v) safety, security, law enforcement, 

23 and anticrime activities appropriate to pro24 tect and support families assisted under the 

25 program; 


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1 ‘‘(vi) tenant-based rental assistance, 

2 which may include the project-basing of 

3 such assistance; 

4 ‘‘(vii) appropriate and reasonable fi5 nancial assistance that is required to pre6 serve low-income housing otherwise assisted 

7 under programs administered by the Sec8 retary or under State or local low-income 

9 housing or public housing programs; and 

10 ‘‘(viii) family self-sufficiency activities 

11 for low-income families in connection with 

12 rental or homeownership assistance pro13 vided under the program. 

14 ‘‘(B) COMBINING FUNDS.—Notwithstanding 

15 any other provision of law, a participating 

16 agency may combine and use program funds for 

17 any activities authorized under this section, ex18 cept that a participating agency may use funds 

19 provided for assistance under section 8(o) for ac20 tivities other than those authorized under section 

21 8(o) only if (i) in the calendar year prior to its 

22 participation in the program, the agency utilized 

23 not less than 95 percent of such funds allocated 

24 for that calendar year for such authorized activi25 ties or 95 percent of its authorized vouchers; or 


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1 (ii) after approval to participate in the pro2 gram, the agency achieves such utilization for a 

3 12-month period. Such limitation shall not 

4 apply to participating agencies approved by the 

5 Secretary to combine funds from sections 8 and 

6 9 of the Act prior to enactment of this section. 

7 A public housing agency that uses funds pro8 vided from assistance under section 8(o) for ac9 tivities not authorized under such subsection 

10 may not terminate assistance to families assisted 

11 under such subsection on the grounds of inad12 equate funding to the extent such inadequacy is 

13 caused by such use of funds for purposes not au14 thorized under section 8(o). 

15 ‘‘(2) USE OF PROGRAM FUNDS.—In carrying out 

16 the housing innovation program under this section, 

17 each participating agency shall continue to assist— 

18 ‘‘(A) not less than substantially the same 

19 number of eligible low-income families under the 

20 program as it assisted in the base year for the 

21 agency; and 

22 ‘‘(B) a comparable mix of families by fam23 ily size, subject to adjustment to reflect changes 

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1 ments for up to 3 years based on modernization 

2 or redevelopment activities proposed in an an3 nual plan submitted and approved in accordance 

4 with paragraph (11). 

5 Determinations with respect to the number of families 

6 required to be served shall be adjusted to reflect any 

7 allocation of additional vouchers under section 8(o), 

8 any change in annual voucher proration factor, or 

9 such other appropriate adjustments as the Secretary 

10 may establish. For purposes of subparagraphs (A) 

11 and (B), the term ‘base year’ means, with respect to 

12 existing MTW agencies, the first full calendar year 

13 prior to approval for entry into the moving to work 

14 demonstration. The Secretary shall monitor and en15 force compliance with the requirements of subpara16 graph (A) on an annual basis. 

17 ‘‘(3) RETAINED PROVISIONS.—Each agency that 

18 is approved for program participation pursuant to 

19 subparagraph (A) or (B) of subsection (b)(1) shall 

20 comply with all provisions of this Act except those 

21 statutory provisions and existing rules and regula22 tions generally identified in the application for par23 ticipation in the program, except that the Secretary 

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1 ant to this Act, consistent with other program rules, 

2 if the Secretary determines that such a request would 

3 further the goals and objectives identified in the ap4 plication for participation in the program (taking 

5 into consideration public and resident input pursu6 ant to the procedure under paragraph (4)) or would 

7 further the purposes identified in subparagraphs (B) 

8 and (C) of subsection (f)(1). Notwithstanding any 

9 other provision of this section, families receiving as10 sistance under this section shall retain the same 

11 rights of judicial review of agency action as they 

12 would otherwise have had if the agency were not par13 ticipating in the program, and each participating 

14 agency, including existing MTW agencies that are ap15 proved for transfer into the program pursuant to sub16 section (c), shall comply with the following provisions 

17 of this Act: 

18 ‘‘(A) Subsections (a)(2)(A) and (b)(1) of 

19 section 16 (relating to targeting for new admis20 sions in the public housing and voucher pro21 grams). 

22 ‘‘(B) Section 2(b) (relating to tenant rep23 resentatives on the public housing agency board 

24 of directors). 


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1 ‘‘(C) Section 3(b)(2) (relating to definitions 

2 for the terms ‘low-income families’ and ‘very 

3 low-income families’). 

4 ‘‘(D) Section 5(A)(e) (relating to the forma5 tion of and consultation with a resident advisory 

6 board). 

7 ‘‘(E) Sections 6(f)(1) and 8(o)(8)(B) (relat8 ing to compliance of units assisted with housing 

9 quality standards or other codes). 

10 ‘‘(F) Sections 6(c)(3), 6(c)(4)(i), and 

11 8(o)(6)(B) (relating to rights of public housing 

12 applicants and existing procedural rights for ap13 plicants under section 8(o)). 

14 ‘‘(G) Section 6(k) (relating to grievance 

15 procedures for public housing tenants) and com16 parable procedural rights for families assisted 

17 under section 8(o). 

18 ‘‘(H) Section 6(l) (relating to public hous19 ing lease requirements), except that for units as20 sisted both with program funds and low-income 

21 housing tax credits, the initial lease term may be 

22 less than 12 months if required to conform lease 

23 terms with such tax credit requirements. 

24 ‘‘(I) Section 7 (relating to designation of 

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1 cept that a participating agency may make such 

2 designations (at initial designation or upon re3 newal) for a term of up to 5 years if the agency 

4 includes in its annual plan under paragraph 

5 (11) an analysis of the impact of such designa6 tions on affected households and such designation 

7 is subject to the program evaluation. Any par8 ticipating agency with a designated housing 

9 plan that was approved under the moving to 

10 work demonstration may continue to operate 

11 under the terms of such plan for a term of 5 

12 years (with an option to renew on the same 

13 terms for an additional 5 years) if it includes in 

14 its annual plan an analysis of the impact of 

15 such designations on affected households and is 

16 subject to evaluation under subsection (f). 

17 ‘‘(J) Subparagraphs (C) through (E) of sec18 tion 8(o)(7) and section 8(o)(20) (relating to 

19 lease requirements and eviction protections for 

20 families assisted with tenant-based assistance). 

21 ‘‘(K) Section 8(o)(13)(B) (relating to a per22 centage limitation on project-based assistance), 

23 except that for purposes of this subparagraph 

24 such section shall be applied by substituting ‘50 

25 percent’ for ‘20 percent’, and all voucher funding 


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1 that is used for non-tenant based assistance pur2 poses shall count towards this calculation. 

3 ‘‘(L) Section 8(o)(13)(E) (relating to resi4 dent choice for tenants of units with project5 based vouchers), except with respect to— 

6 ‘‘(i) in the case of agencies partici7 pating in the moving to work demonstra8 tion, any housing assistance payment con9 tract entered into before or within 2 years 

10 after the enactment of this section; 

11 ‘‘(ii) project-based vouchers that re12 place public housing units; 

13 ‘‘(iii) not more than 10 percent of the 

14 vouchers available to the participating 

15 agency upon entering the housing innova16 tion program under this section; and 

17 ‘‘(iv) any project-based voucher pro18 gram that is subject to evaluation under 

19 subsection (f). 

20 Notwithstanding the exceptions under this sub21 paragraph, an agency may not eliminate resi22 dent choice under section 8(o)(13)(E) for more 

23 than 25 percent of its authorized vouchers. 

24 ‘‘(M) Section 8(r) (relating to portability of 

25 voucher assistance), except that a participating 


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1 agency may receive funding for portability obli2 gations under section 8(dd) in the same manner 

3 as other public housing agencies. 

4 ‘‘(N) Sections 8(ee) and 6(u) (relating to 

5 records, certification and confidentiality regard6 ing domestic violence). 

7 ‘‘(O) Subsections (a) and (b) of section 12 

8 (relating to payment of prevailing wages). 

9 ‘‘(P) Section 18 (relating to demolition and 

10 disposition of public housing). 

11 ‘‘(Q) Requirements regarding— 

12 ‘‘(i) establishment of resident councils 

13 and jurisdiction-wide resident organiza14 tions; 

15 ‘‘(ii) public housing agency support for 

16 such councils and organizations; and 

17 ‘‘(iii) involvement of such councils and 

18 organizations in public housing agency op19 erations;. 

20 as authorized under sections 3(c)(2), 6(c)(5)(C), 

21 and 9(e) and implemented by applicable regula22 tions. 

23 ‘‘(4) RENTS AND REQUIREMENTS FOR CONTIN24 UED OCCUPANCY OR PARTICIPATION.— 


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1 ‘‘(A) BEFORE POLICY CHANGE.—Before 

2 adopting any policy pursuant to participation 

3 in the housing innovation program under this 

4 section that would make a material adverse 

5 change to the requirements of this Act regarding 

6 tenant rents or contributions, or conditions of 

7 continued occupancy or participation, a partici8 pating agency shall complete each of the fol9 lowing actions: 

10 ‘‘(i) The agency shall conduct an im11 pact analysis of the proposed policy on fam12 ilies the agency is assisting under the pro13 gram under this section and on applicants 

14 on the waiting list, including analysis of 

15 the incidence and severity of rent burdens 

16 greater than 30 percent of adjusted income 

17 on households of various sizes and types and 

18 in various income tiers, that would result, 

19 if any, without application of the hardship 

20 provisions. The analysis with respect to ap21 plicants on the waiting list may be limited 

22 to demographic data provided by the appli23 cable consolidated plan, information pro24 vided by the Secretary, and other generally 

25 available information. The proposed policy, 


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1 including provisions for addressing hard2 ship cases and transition provisions that 

3 mitigate the impact of any rent increases or 

4 changes in the conditions of continued occu5 pancy or participation, and data from this 

6 analysis shall be made available for public 

7 inspection and copying, on request, and for 

8 access through the Internet, for at least 60 

9 days in advance of the public meeting de10 scribed in clause (ii). 

11 ‘‘(ii) The agency shall hold a public 

12 meeting regarding the proposed change, in13 cluding the hardship provisions, which may 

14 be combined with a public meeting on the 

15 draft annual plan under paragraph (11) or 

16 the annual report under subsection (h)(2). 

17 ‘‘(iii) The board of directors or other 

18 similar governing body of the agency shall 

19 approve the change in public session. 

20 ‘‘(iv) The agency shall obtain approval 

21 from the Secretary of the annual plan or 

22 plan amendment. The Secretary may ap23 prove a plan or amendment containing a 

24 material change to the requirements of this 

25 Act regarding tenant rents or contributions, 


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1 or conditions of continued occupancy or 

2 participation, only if the agency agrees that 

3 such policy may be included as part of the 

4 national evaluation. 

5 ‘‘(B) AFTER POLICY CHANGE.—After adopt6 ing a policy described in subparagraph (A), a 

7 program agency shall complete each of the fol8 lowing actions: 

9 ‘‘(i) The agency shall provide adequate 

10 notice to residents, which shall include a de11 scription of the changes in the public hous12 ing lease or participation agreement that 

13 may be required and of the hardship or 

14 transition protections offered. 

15 ‘‘(ii) In the case of any additional re16 quirements for continued occupancy or par17 ticipation, the agency shall execute a lease 

18 addendum or participation agreement 

19 specifying the requirements applicable to 

20 both the resident and the agency. A resident 

21 may bring a civil action to enforce commit22 ments of the agency made through the lease 

23 addendum or participation agreement. 

24 ‘‘(iii) The agency shall reassess rent, 

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1 ticipation no less often than every two 

2 years, which shall include preparing a re3 vised impact analysis, and make available 

4 for public inspection and copying, on re5 quest, and for access through the Internet, 

6 the results of such reassessment and impact 

7 analysis. The requirement under this clause 

8 may be met by sufficiently detailed interim 

9 reports, if any, by the national evaluating 

10 entity. 

11 ‘‘(iv) The agency shall include in the 

12 annual report under subsection (h)(2) infor13 mation sufficient to describe any hardship 

14 requests, including the number and types of 

15 requests made, granted, and denied, the use 

16 of transition rules, and adverse impacts re17 sulting from changes in rent or continued 

18 occupancy policies, including actions taken 

19 by the agency to mitigate such impacts and 

20 impacts on families no longer assisted 

21 under the program. 

22 ‘‘(C) APPLICABILITY TO EXISTING MTW

23 AGENCIES.—An existing MTW agency that, be24 fore the date of the enactment of this section, im25 plemented material changes to the requirements 


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1 of this Act regarding tenant rents or contribu2 tions, or conditions of continued occupancy or 

3 participation, as part of the moving to work 

4 demonstration shall not be subject to subpara5 graph (A) with regard to such previously imple6 mented changes, but shall comply with the re7 quirements of subparagraph (B)(ii) and provide 

8 the evaluation and impact analysis required by 

9 subparagraph (B)(iii) by the end of the second 

10 agency fiscal year ending after such date of en11 actment. 

12 ‘‘(5) PROHIBITION AGAINST DECREASE IN PRO13 GRAM FUNDS.—The amount of program funds a par14 ticipating agency receives shall not be diminished by 

15 its participation in the housing innovation program 

16 under this section. 

17 ‘‘(6) RENT BURDEN.—A participating agency 

18 may not adopt rent policies that result in families 

19 making substantially higher rent payments than 

20 would customarily be made by families of comparable 

21 income under the program under which assistance is 

22 provided. 

23 ‘‘(7) TIME LIMITS.—A participating agency may 

24 implement time limits on the term of housing assist25 ance received by families under the program only if— 


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1 ‘‘(A) such limits are for a period of time 

2 not shorter than 5 years; and 

3 ‘‘(B) enforcement of such limits is sus4 pended for any period of time during which the 

5 unemployment rate in the area exceeds 10 per6 cent. 

7 ‘‘(8) EMPLOYMENT CONDITIONS.—A partici8 pating agency may condition the receipt of housing 

9 assistance by families under the program on require10 ments relating to the employment status or related ac11 tivities of one or more family members only if— 

12 ‘‘(A) such requirements are consistent with 

13 the program for block grants to States for tem14 porary assistance for needy families under part 

15 A of title IV of the Social Security Act; 

16 ‘‘(B) the agency establishes reasonable hard17 ship exemptions; and 

18 ‘‘(C) enforcement of such requirements is 

19 suspended for any period of time during which 

20 the unemployment rate in the area exceeds 10 

21 percent. 

22 ‘‘(9) SUBMISSION OF INFORMATION.—As part of 

23 the annual report required under subsection (h)(2), 

24 each participating agency shall submit information 

25 annually to the Secretary regarding families assisted 


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1 under the program of the agency and comply with 

2 any other data submissions required by the Secretary 

3 for purposes of evaluation of the program under this 

4 section. 

5 ‘‘(10) PUBLIC AND RESIDENT PARTICIPATION.— 

6 Each participating agency shall provide opportuni7 ties for resident and public participation in the an8 nual plan under paragraph (11), as follows: 

9 ‘‘(A) NOTICE TO RESIDENTS.— 

10 ‘‘(i) NOTICE.—Each year, the agency 

11 shall provide notice to the low-income fami12 lies it serves under the programs authorized 

13 by this section as to the impact of proposed 

14 policy changes and program initiatives and 

15 of the schedule of resident advisory board 

16 and public meetings for the annual plan. 

17 ‘‘(ii) MEETING.—The agency shall hold 

18 at least one meeting with the resident advi19 sory board (including representatives of re20 cipients of assistance under section 8) to re21 view the annual plan for each year. 

22 ‘‘(B) PUBLIC MEETING.—With respect to 

23 each annual plan, the agency shall hold at least 

24 one annual public meeting to obtain comments 

25 on the plan, which may be combined with a 


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1 meeting to review the annual report. In the case 

2 of any agency that administers, in the aggregate, 

3 more than 15,000 public housing units and 

4 vouchers, or that operates in more than one 

5 county, the agency shall hold additional meetings 

6 in locations that promote attendance by residents 

7 and other stakeholders. 

8 ‘‘(C) PUBLIC AVAILABILITY.—Before adop9 tion of any annual plan, and not less than 30 

10 days before the public meeting required under 

11 subparagraph (A)(ii) with respect to the plan, 

12 the agency shall make the proposed annual plan 

13 available for public inspection and copying, on 

14 request, and for access through the Internet. The 

15 annual plan shall be made available for public 

16 inspection not less than 30 days before approval 

17 by the board of directors (or other similar gov18 erning body) of the agency and shall remain 

19 publicly available. 

20 ‘‘(D) BOARD APPROVAL.—Before submitting 

21 an annual plan or annual report to the Sec22 retary, the plan or report, as applicable, shall be 

23 approved in a public meeting by the board of di24 rectors or other governing body of the agency. 

25 ‘‘(11) ANNUAL PLAN.— 


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1 ‘‘(A) REQUIREMENT.—For each year that a 

2 participating agency participates in the housing 

3 innovation program under this section, the agen4 cy shall submit to the Secretary, in lieu of all 

5 other planning requirements, an annual plan 

6 under this paragraph. 

7 ‘‘(B) CONTENTS.—Each annual plan shall 

8 include the following information: 

9 ‘‘(i) A list and description of all pro10 gram initiatives and generally applicable 

11 policy changes, including references to af12 fected provisions of law or the implementing 

13 regulations affected. 

14 ‘‘(ii) A description and comparison of 

15 changes under the housing innovation pro16 gram of the agency from the plan for such 

17 program for the preceding year. 

18 ‘‘(iii) A description of property rede19 velopment or portfolio repositioning strate20 gies and proposed changes in policies or 

21 uses of funds required to implement such 

22 strategies. 

23 ‘‘(iv) Documentation of public and 

24 resident participation sufficient to comply 

25 with the requirements under paragraphs (4) 


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1 and (10), including a copy of any rec2 ommendations submitted in writing by the 

3 resident advisory board of the agency and 

4 members of the public, a summary of com5 ments, and a description of the manner in 

6 which the recommendations were addressed. 

7 ‘‘(v) Certifications by the agency 

8 that— 

9 ‘‘(I) the annual plan will be car10 ried out in conformity with title VI of 

11 the Civil Rights Act of 1964, the Fair 

12 Housing Act, section 504 of the Reha13 bilitation Act of 1973, title II of the 

14 Americans with Disabilities Act of 

15 1990, and the rules, standards, and 

16 policies in the approved plan; 

17 ‘‘(II) the agency will affirmatively 

18 further fair housing; and 

19 ‘‘(III) the agency has complied 

20 and will continue to comply with its 

21 obligations under the national evalua22 tion. 

23 ‘‘(vi) A description of the agency’s 

24 local asset management strategy for public 

25 housing properties, which shall be in lieu of 


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1 any other asset management, project based 

2 management or accounting, or other system 

3 of allocating resources and costs to partici4 pating agency assets or cost centers that the 

5 Secretary may otherwise impose under this 

6 Act. 

7 ‘‘(C) CHANGES.—If the agency proposes to 

8 make material changes in policies or initiatives 

9 in the plan during the year covered by the plan, 

10 the agency shall consult with the resident advi11 sory board for the agency established pursuant to 

12 section 5A(e) and the public regarding such 

13 changes before their adoption. 

14 ‘‘(D) APPROVAL PROCESS.— 

15 ‘‘(i) TIMING.—The Secretary shall re16 view and approve or disapprove each an17 nual plan submitted to the Secretary within 

18 45 days after such submission. The Sec19 retary, directly or through the public hous20 ing agency, shall make information relating 

21 to such approval or disapproval available to 

22 all members of the Resident Advisory Board 

23 of the public housing agency. 


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1 ‘‘(ii) STANDARDS FOR DISAPPROVAL.— 

2 The Secretary may disapprove a plan only 

3 if— 

4 ‘‘(I) the Secretary reasonably de5 termines, based on information con6 tained in the annual plan or annual 

7 report, that the agency is not in com8 pliance with the requirements of this 

9 section; 

10 ‘‘(II) the annual plan or most re11 cent annual report is not consistent 

12 with other reliable information avail13 able to the Secretary; or 

14 ‘‘(III) the annual plan or annual 

15 report or the agency’s activities under 

16 the program are not otherwise in ac17 cordance with applicable law. 

18 ‘‘(iii) FAILURE TO DISAPPROVE.—If a 

19 submitted plan is not disapproved within 

20 45 days after submission, the plan shall be 

21 considered to be approved for purposes of 

22 this section. The preceding sentence shall 

23 not preclude judicial review regarding such 

24 compliance pursuant to chapter 7 of title 5, 

25 United States Code, or an action regarding 


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1 such compliance under section 1979 of the 

2 Revised Statutes of the United States (42 

3 U.S.C. 1983). 

4 ‘‘(f) EVALUATION OF PERFORMANCE.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall conduct 

6 detailed evaluations of all public housing agencies 

7 participating in the program under this section— 

8 ‘‘(A) to determine the level of success of each 

9 public housing agency in achieving the goals and 

10 objectives of the application to participate in the 

11 program; 

12 ‘‘(B) to determine the level of success of dif13 ferent types of proposals in achieving the pri14 ority strategies of subsection (d)(2) or other in15 novative strategies identified pursuant to sub16 section (b)(1); and 

17 ‘‘(C) to identify program models that can be 

18 replicated by other agencies to achieve such suc19 cess. 

20 ‘‘(2) EVALUATION METHODOLOGY.—Evaluations 

21 under this subsection shall be conducted utilizing rig22 orous research methodology which shall incorporate, 

23 where appropriate and to the extent funding is avail24 able, the following: 


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1 ‘‘(A) Comparison of the impact on families 

2 to similar types of families not subject to such 

3 policies. 

4 ‘‘(B) Comparisons of alternative strategies 

5 for advancing common goals. 

6 ‘‘(C) An examination of the costs, outputs, 

7 and outcomes of tested strategies. 

8 ‘‘(D) A process evaluation that examines the 

9 challenges faced in implementing tested strategies 

10 and how those challenges were overcome. 

11 ‘‘(E) A qualitative examination of the im12 pacts of tested strategies on affected families, in13 cluding families on agency waiting lists. 

14 ‘‘(F) An examination of the impact of tested 

15 strategies on the housing needs and conditions of 

16 the jurisdiction in which the agency works. 

17 ‘‘(G) Appropriate sensitivity to the costs 

18 that evaluation places on participating agencies, 

19 including a recognition that smaller agencies 

20 may have more difficulty than larger agencies in 

21 responding to data requests. 

22 ‘‘(3) ADVISORY COUNCIL.—The Secretary shall 

23 establish an Advisory Council to provide input on the 

24 policies and strategies to be tested in evaluations 

25 under this subsection, data collection protocols, and 


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1 other matters related to the success of the evaluation, 

2 and to assist the evaluating entity and the Secretary 

3 in interpreting the findings and formulating rec4 ommendations to the Congress to be included in the 

5 final report. The Secretary may also establish a sepa6 rate Technical Advisory Group to provide input on 

7 technical issues associated with the evaluation. 

8 ‘‘(4) REPORTS.— 

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

10 submit three reports to the Congress, as provided 

11 in subparagraph (B), evaluating the programs of 

12 all public housing agencies participating in the 

13 program under this section and all agencies par14 ticipating in the moving to work demonstration. 

15 Each such report shall include findings and rec16 ommendations for any appropriate legislative 

17 action. 

18 ‘‘(B) TIMING.—The reports under this para19 graph shall include— 

20 ‘‘(i) an initial report, which shall be 

21 submitted before the expiration of the 2-year 

22 period beginning on the date on which ad23 ditional agencies are approved for partici24 pation pursuant to subsection (d); 


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1 ‘‘(ii) an interim report, which shall be 

2 submitted before the expiration of the 4-year 

3 period beginning on such date of approval; 

4 and 

5 ‘‘(iii) a final report, which shall be 

6 submitted before the expiration of the 10- 

7 year period beginning on the date of the en8 actment of the Section 8 Voucher Reform 

9 Act of 2009. 

10 ‘‘(5) EVALUATING ENTITY.—The Secretary may 

11 contract out the responsibilities under this para12 graphs (1) and (2) to an independent entity that is 

13 qualified to perform such responsibilities. 

14 ‘‘(6) PERFORMANCE MEASURES.—The Secretary 

15 or the evaluating entity, as applicable, shall establish 

16 performance measures, which may include— 

17 ‘‘(A) a baseline performance level against 

18 which program activities may be evaluated; and 

19 ‘‘(B) performance measures for each of the 

20 five purposes identified in paragraphs (1) 

21 through (5) of subsection (a). 

22 ‘‘(g) IMPACT OF POLICY ON FAMILIES BEING AS23 SISTED.— 

24 ‘‘(1) MODIFICATION OF POLICY.—If an evalua25 tion of an agency pursuant to subsection (f)(1)(A) inVerDate Nov 24 2008 20:38 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 E:\BILLS\H3045.RH H3045

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1 cludes evidence that a policy adopted by an agency is 

2 or has been harmful to families assisted by the agen3 cy, the Secretary may, after the publication of either 

4 the initial or the interim report pursuant to sub5 section (f)(4)(B), require such agency to take appro6 priate actions to modify such policy to ameliorate 

7 such harm. 

8 ‘‘(2) DETERMINATION.—The Secretary may not 

9 take such action unless the Secretary has made a de10 termination that such policy is causing or has caused 

11 measurable harm to families currently or previously 

12 assisted, based on a reduction in the overall number 

13 of families receiving housing assistance, noncompli14 ance with the provision of subsection (e)(6) (relating 

15 to rent burdens), specific types of families losing their 

16 housing assistance, a reduction in the number of af17 fordable rental housing units operated by the agency, 

18 noncompliance with the requirements of subsection 

19 (e)(3)(A) (relating to targeting), or a combination of 

20 such factors. 

21 ‘‘(3) ADVICE AND OPPORTUNITY TO CONTEST.— 

22 Before taking such action, the Secretary shall advise 

23 the agency and give the agency a fair opportunity to 

24 contest such determination or action. If an agency 

25 contests such a determination or action, the Secretary 


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1 shall provide an opportunity for interested parties to 

2 submit additional relevant evidence. 

3 ‘‘(h) RECORDKEEPING, REPORTS, AND AUDITS.— 

4 ‘‘(1) RECORDKEEPING.—Each public housing 

5 agency participating in the program under this sec6 tion shall keep such records as the Secretary may pre7 scribe as reasonably necessary to disclose the amounts 

8 and the disposition of amounts under the program, to 

9 ensure compliance with the requirements of this sec10 tion, and to measure performance. 

11 ‘‘(2) REPORTS.—In lieu of all other reporting re12 quirements, each such agency participating in the 

13 program shall submit to the Secretary an annual re14 port in a form and at a time specified by the Sec15 retary. Each annual report shall include the following 

16 information: 

17 ‘‘(A) A description, including an annual 

18 consolidated financial report, of the sources and 

19 uses of funds of the agency under the program, 

20 which shall account separately for funds made 

21 available under section 8 and subsections (d) 

22 and (e) of section 9, and shall compare the agen23 cy’s actions under the program with its annual 

24 plan for the year. 


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1 ‘‘(B) An annual audit that complies with 

2 the requirements of Circular A–133 of the Office 

3 of Management and Budget, including the OMB 

4 Compliance Supplement. 

5 ‘‘(C) A description of each hardship excep6 tion requested and granted or denied, and of the 

7 use of any transition rules. 

8 ‘‘(D) Documentation of public and resident 

9 participation sufficient to comply with the re10 quirements under paragraph (7). 

11 ‘‘(E) A comparison of income and the sizes 

12 and types of families assisted by the agency 

13 under the program compared to those assisted by 

14 the agency in the base year. 

15 ‘‘(F) Every two years, an evaluation of rent 

16 policies, subsidy level policies, and policies on 

17 program participation. 

18 ‘‘(G) A description of any ongoing local 

19 evaluations and the results of any local evalua20 tions completed during the year. 

21 ‘‘(3) ACCESS TO DOCUMENTS BY SECRETARY.— 

22 The Secretary shall have access for the purpose of 

23 audit and examination to any books, documents, pa24 pers, and records that are pertinent to assistance in 

25 connection with, and the requirements of, this section. 


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1 ‘‘(4) ACCESS TO DOCUMENTS BY THE COMP2 TROLLER GENERAL.—The Comptroller General of the 

3 United States, or any of the duly authorized rep4 resentatives of the Comptroller General, shall have ac5 cess for the purpose of audit and examination to any 

6 books, documents, papers, and records that are perti7 nent to assistance in connection with, and the re8 quirements of, this section. 

9 ‘‘(5) REPORTS REGARDING EVALUATIONS.—The 

10 Secretary shall require each public housing agency 

11 participating in the program under this section to 

12 submit to the Secretary such information as the Sec13 retary considers appropriate to permit the Secretary 

14 to evaluate (pursuant to subsection (f)) the perform15 ance and success of the agency in achieving the pur16 poses of the program. 

17 ‘‘(i) ADDITIONAL PROGRAM AGENCIES.—In partici18 pating in the program under the terms of this subsection, 

19 the public housing agencies designated for such participa20 tion shall be subject to the requirements of this section, and 

21 the additional following requirements: 

22 ‘‘(1) APPLICABILITY OF CERTAIN EXISTING PRO23 VISIONS.—Such agencies shall be subject to the provi24 sions of— 


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1 ‘‘(A) subsections (a) and (b) of section 3; 

2 and 

3 ‘‘(B) section 8(o), except for paragraph (11) 

4 and except as the requirements of section 8(o) 

5 are modified by subsection (e)(3) of this section. 

6 ‘‘(2) NO TIME LIMITS.—Such agencies may not 

7 impose time limits on the term of housing assistance 

8 received by families under the program. 

9 ‘‘(3) NO EMPLOYMENT CONDITIONS.—Such agen10 cies may not condition the receipt of housing assist11 ance by families under the program on the employ12 ment status of one or more family members. 

13 ‘‘(4) ONE-FOR-ONE REPLACEMENT.— 

14 ‘‘(A) CONDITIONS ON DEMOLITION.—Such 

15 agencies may not demolish or dispose of any 

16 dwelling unit of public housing operated or ad17 ministered by such agency (including any un18 inhabitable unit and any unit previously ap19 proved for demolition) except pursuant to a plan 

20 for replacement of such units in accordance with, 

21 and approved by the Secretary of Housing and 

22 Urban Development pursuant to, subparagraph 

23 (B). 

24 ‘‘(B) PLAN REQUIREMENTS.—The Secretary 

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1 lition or disposition of any dwelling unit of pub2 lic housing referred to in subparagraph (A) un3 less— 

4 ‘‘(i) such plan provides for outreach to 

5 public housing agency residents in accord6 ance with paragraph (5); 

7 ‘‘(ii) not later than 60 days before the 

8 date of the approval of such plan, such 

9 agency has convened and conducted a public 

10 hearing regarding the demolition or disposi11 tion proposed in the plan; 

12 ‘‘(iii) such plan provides that for each 

13 such dwelling unit demolished or disposed 

14 of, such public housing agency will provide 

15 an additional dwelling unit through— 

16 ‘‘(I) the acquisition or develop17 ment of additional public housing 

18 dwelling units; or 

19 ‘‘(II) the acquisition, development, 

20 or contracting (including through 

21 project-based assistance) of additional 

22 dwelling units that are subject to re23 quirements regarding eligibility for 

24 initial or continued occupancy, tenant 

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1 term affordability restrictions which 

2 are comparable to public housing 

3 units, except that no household may be 

4 prevented from occupying a replace5 ment dwelling unit provided pursuant 

6 to clause (iii) except to the extent spe7 cifically provided by any other provi8 sion of Federal law (including subtitle 

9 F of title V of the Quality Housing 

10 and Work Responsibility Act of 1998 

11 (42 U.S.C. 13661 et seq.; relating to 

12 safety and security in public and as13 sisted housing, subtitle D of title VI of 

14 the Housing and Community Develop15 ment Act of 1992 (42 U.S.C. 13611 et 

16 seq.; relating to preferences for elderly 

17 and disabled residents), and section 

18 16(f) of this Act (42 U.S.C. 1437n(f)); 

19 relating to ineligibility of persons con20 victed of methamphetamine offenses); 

21 ‘‘(iv) such plan provides for a right, 

22 and implementation of such right, to occu23 pancy of additional dwelling units provided 

24 in accordance with clause (iii), for house25 holds who, as of the time that dwelling 


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1 units demolished or disposed of were va2 cated to provide for such demolition or dis3 position, were occupying such dwelling 

4 units; 

5 ‘‘(v) such plan provides that the pro6 posed demolition or disposition and reloca7 tion will be carried out in a manner that 

8 affirmatively furthers fair housing, as de9 scribed in subsection (e) of section 808 of 

10 the Civil Rights Act of 1968; 

11 ‘‘(vi) such plan provides for a mixed12 income development on the site of the origi13 nal public housing, with at least one-third 

14 of all dwelling units being provided through 

15 the development of additional public hous16 ing dwelling units, except that upon a 

17 showing by the agency, if the Secretary de18 termines that such location is infeasible, an 

19 agency may locate such a development in 

20 areas within the jurisdiction of the agency 

21 having low concentrations of poverty; and 

22 ‘‘(vii) to the extent that such plan pro23 vides for the provision of replacement or ad24 ditional dwelling units, or redevelopment, 

25 in phases over time, such plan provides that 


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1 the ratio of dwelling units described in sub2 clauses (I) and (II) of clause (iii) that are 

3 provided in any such single phase to the 

4 total number of dwelling units provided in 

5 such phase is not less than the ratio of the 

6 aggregate number of such dwelling units 

7 provided under the plan to the total number 

8 of dwelling units provided under the plan. 

9 ‘‘(C) INAPPLICABLE PROVISIONS.—Subpara10 graphs (B) and (D) of section 8(o)(13) of the 

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

12 1437f(o)(13)) shall not apply with respect to 

13 vouchers used to comply with the requirements of 

14 subparagraph (B)(iii) of this paragraph. 

15 ‘‘(D) MONITORING.—The Secretary shall 

16 provide for the appropriate field offices of the 

17 Department to monitor and supervise the en18 forcement of this paragraph and plans approved 

19 under this paragraph and to consult, regarding 

20 such monitoring and enforcement, with resident 

21 councils of, and resident of public housing oper22 ated or administered by, the agency. 

23 ‘‘(5) COMPREHENSIVE OUTREACH PLAN.—No 

24 program funds of such agencies may be use to demol25 ish or dispose of any public housing dwelling units 


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1 except in accordance with a comprehensive outreach 

2 plan for such activities, developed by the agency in 

3 conjunction with the residents of the public housing 

4 agency, as follows: 

5 ‘‘(A) The plan shall be developed by the 

6 agency and a resident task force, which may in7 clude members of the Resident Council, but may 

8 not be limited to such members, and which shall 

9 represent all segments of the population of resi10 dents of the agency, including single parent11 headed households, the elderly, young employed 

12 and unemployed adults, teenage youth, and dis13 abled persons. 

14 ‘‘(B) The votes and agreements regarding 

15 the plan shall involve— 

16 ‘‘(i) in the case of any public housing 

17 agency that administers 250 or fewer public 

18 housing dwelling units, not less than 10 

19 percent of affected residents; and 

20 ‘‘(ii) in the case of any public housing 

21 agency that administers more than 250 

22 public housing dwelling units, not less than 

23 25 affected residents. 

24 ‘‘(C) The plan shall provide for and describe 

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1 gram under this subsection, including a door-to2 door information program, monthly newsletters 

3 to each resident household, monthly meetings 

4 dedicated solely to every aspect of the proposed 

5 development, including redevelopment factors, 

6 which shall include the one-for-one replacement 

7 requirement under paragraph (4), resident rights 

8 to return, the requirements of the program under 

9 this subsection, new resident support and com10 munity services to be provided, opportunities for 

11 participation in architectural design, and em12 ployment opportunities for residents, which shall 

13 make available at least 30 percent of the total 

14 hours worked at all such employment, and shall 

15 also make available at least 25 percent of un16 skilled jobs in demolition activities and 25 per17 cent of unskilled jobs in construction activities 

18 related to the redevelopment project, including 

19 job training, apprenticeships, union membership 

20 assistance. 

21 ‘‘(D) The plan shall provide for regularly 

22 scheduled monthly meeting updates and a system 

23 for filing complaints about any aspect of the re24 development process. 


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1 ‘‘(j) DEFINITIONS.—For purposes of this section, the 

2 following definitions shall apply: 

3 ‘‘(1) EXISTING MTW AGENCY.—The term ‘existing 

4 MTW agency’ means a public housing agency that as 

5 of the date of the enactment of the Section 8 Voucher 

6 Reform Act of 2009 has an existing agreement with 

7 the Secretary pursuant to the moving to work dem8 onstration, or is authorized to enter into such an 

9 agreement under section 230 of the Transportation, 

10 Housing and Urban Development, and Related Agen11 cies Appropriations Act, 2008 (Public Law 110–161; 

12 121 Stat. 2438) or section 236 of the Transportation, 

13 Housing and Urban Development, and Related Agen14 cies Appropriations Act, 2009 (Division I of Public 

15 Law 111–8). 

16 ‘‘(2) BASE YEAR.—The term ‘base year’ means, 

17 with respect to a participating agency, the agency fis18 cal year or calendar year, as appropriate, most re19 cently completed prior to selection and approval for 

20 participation in the housing innovation program 

21 under this section. 

22 ‘‘(3) MOVING TO WORK DEMONSTRATION.—The 

23 term ‘moving to work demonstration’ means the mov24 ing to work demonstration program under section 204 

25 of the Departments of Veterans Affairs and Housing 


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1 and Urban Development, and Independent Agencies 

2 Appropriations Act, 1996 (42 U.S.C. 1437f note). 

3 ‘‘(4) PARTICIPATING AGENCIES.—The term ‘par4 ticipating agencies’ means public housing agencies 

5 designated and approved for participation, and par6 ticipating, in the housing innovation program under 

7 this section. 

8 ‘‘(5) PROGRAM FUNDS.—The term ‘program 

9 funds’ means, with respect to a participating agency, 

10 any amounts that the agency is authorized, pursuant 

11 to subsection (e)(1), to use to carry out the housing 

12 innovation program under this section of the agency. 

13 ‘‘(6) RESIDENTS.—The term ‘residents’ means, 

14 with respect to a public housing agency, tenants of 

15 public housing of the agency and participants in the 

16 voucher or other housing assistance programs of the 

17 agency funded under section 8(o), or tenants of other 

18 units owned by the agency and assisted under this 

19 section. 

20 ‘‘(k) RESIDENT TECHNICAL ASSISTANCE.— 

21 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated for each of fis23 cal years 2010 through 2014 $10,000,000, for pro24 viding capacity building and technical assistance to 

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1 sisted or eligible for assistance under the program 

2 under this section to participate in the process for es3 tablishment and revision of annual plans under this 

4 section for participating agencies, including review 

5 and comment on impact analyses and demolition or 

6 disposition proposals. 

7 ‘‘(2) CRITERIA FOR AWARD OF FUNDS.—The Sec8 retary shall publish the criteria to be used to award 

9 funds on a competitive basis, in an amount appro10 priate to the number of households affected by the pro11 gram of the participating agency or agencies that 

12 such participating agency assists, to local, regional, 

13 State, or national organizations that— 

14 ‘‘(A)(i) have members who are predomi15 nantly low-income; 

16 ‘‘(ii) have low-income individuals on their 

17 boards of directors; or 

18 ‘‘(iii) directly work with or represent low19 income individuals; 

20 ‘‘(B) have the legal, policy, and development 

21 expertise to provide such assistance or will sub22 contract for such services; and 

23 ‘‘(C) have a demonstrated capacity to man24 age similar grants. 

25 ‘‘(3) PUBLIC HOUSING AGENCIES.— 


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1 ‘‘(A) INELIGIBILITY; NONLIABILITY.—Public 

2 housing agencies shall not be eligible to receive 

3 funds under this subsection, and shall not be lia4 ble for the action of any grantee. 

5 ‘‘(B) COOPERATION WITH GRANTEES.—Pub6 lic housing agencies participating in the pro7 gram under this section shall cooperate with 

8 grantees receiving technical assistance funds 

9 under this subsection, to assist such grantees to 

10 reach families assisted under the program. 

11 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS FOR EVAL12 UATIONS.—There is authorized to be appropriated 

13 $15,000,000 to the Department of Housing and Urban De14 velopment for the purpose of conducting the evaluations re15 quired under subsection (f)(1).’’. 

16 (b) GAO REPORT.—Not later than 48 months after the 

17 date of the enactment of this Act, the Comptroller General 

18 of the United States shall submit a report to the Congress 

19 on the extent to which the public housing agencies partici20 pating in the housing innovation program under section 

21 37 of the United States Housing Act of 1937 are meeting 

22 the goals and purposes of such program, as identified in 

23 subsection (a) of such section 37. 


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1 SEC. 27. STUDY OF USE OF INCOME DATABASES TO REDUCE 

2 SUBSIDY ERRORS. 

3 The Comptroller General of the United States shall 

4 conduct a study to identify databases regarding incomes of 

5 families and individuals that may be used in connection 

6 with the voucher program for rental assistance under sec7 tion 8(o) of the United States Housing Act of 1937 (42 

8 U.S.C. 1437f(o)), the public housing program under such 

9 Act, and project-based rental assistance programs under 

10 section 8 of such Act to reduce errors in subsidy amounts 

11 provided on behalf of recipients of assistance under such 

12 programs and to determine how best to utilize such data13 bases for such purpose. In conducting such study, the Comp14 troller General shall analyze and consider the use of income 

15 information maintained in the National Directory of New 

16 Hires database of the Department of Health and Human 

17 Services. Not later than the expiration of the 9-month pe18 riod beginning on the date of the enactment of this Act, 

19 the Comptroller General shall submit a report to the Con20 gress setting for the results and conclusions of the study 

21 under this section. 

22 SEC. 28. ACCEPTABLE IDENTIFICATION REQUIREMENT. 

23 (a) IN GENERAL.—Rental housing assistance under 

24 section 8(o) of the United States Housing Act of 1937 may 

25 not be provided on behalf of any individual or household 

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1 hold, all adult members of the household provide, valid per2 sonal identification in one of the following forms: 

3 (1) Social security card with photo identification 

4 card or Real ID Act identification.— 

5 (A) A social security card accompanied by 

6 a photo identification card issued by the Federal 

7 Government or a State Government; or 

8 (B) A driver’s license or identification card 

9 issued by a State in the case of a State that is 

10 in compliance with title II of the REAL ID Act 

11 of 2005 (title II of division B of Public Law 

12 109–13; 49 U.S.C. 30301 note). 

13 (2) PASSPORT.—A passport issued by the United 

14 States or a foreign government. 

15 (3) USCIS PHOTO IDENTIFICATION CARD.—A 

16 photo identification card issued by the Secretary of 

17 Homeland Security (acting through the Director of 

18 the United States Citizenship and Immigration Serv19 ices). 

20 (b) REGULATIONS.—The Secretary of Housing and 

21 Urban Development shall, by regulations issued before the 

22 expiration of the period referred to in subsection (c), require 

23 that each public housing agency or other entity admin24 istering rental housing assistance described in subsection 

25 (a) take such actions as the Secretary considers necessary 


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1 to ensure compliance with the requirements of subsection 

2 (a). 

3 (c) EFFECTIVE DATE.—The requirements of this sec4 tion shall take effect upon the expiration of the 6-month 

5 period beginning upon the date of the enactment of this Act. 

6 SEC. 29. EFFECTIVE DATE. 

7 Except as otherwise specifically provided in this Act— 

8 (1) sections 3, 4, 6, and 7 of this Act and the 

9 amendments made by such sections shall take effect on 

10 January 1, 2010, except that the Secretary may delay 

11 such effective date for any one or more of sections 3, 

12 4, and 7 to January 1, 2011, upon a determination 

13 by the Secretary that such extension is necessary to 

14 provide program participants sufficient time to make 

15 adjustments to the changes made by such sections; 

16 and 

17 (2) all other provisions of this Act and the 

18 amendments made by this Act shall take effect upon 

19 the issuance by the Secretary of implementing regula20 tions, as appropriate, or by notice, which shall be 

21 issued not later than the expiration of the 12-month 

22 period beginning upon the date of the enactment of 

23 this Act. 


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Union Calendar No. 157 

111TH CONGRESS 

1ST SESSION H. R. 3045 

[Report No. 111–277] 

A BILL 

To reform the housing choice voucher program 

Act of 1937. under section 8 of the United States Housing 

SEPTEMBER 30, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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