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(3) ALLOCATION OF AMOUNTS.—The Secretary
shall allocate and provide amounts made available
under paragraph (1) to public housing agencies as the
Secretary determines appropriate based on the rel-
ative levels of need among the authorities for assist-
ance for families described in paragraph (1).
(c) ASSISTANCE FOR WITNESS RELOCATION.—Of the
amounts made available for choice-based housing assistance
under this title for each fiscal year, the Secretary, in con-
sultation with the Inspector General, shall make available
such sums as may be necessary for such housing assistance
for the relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to
requests from law enforcement and prosecutive agencies.
SEC. 307. CONVERSION OF SECTION 8 ASSISTANCE.
(a) IN GENERAL.—Any amounts made available to a
public housing agency under a contract for annual con-
tributions for assistance under section 8 of the United
States Housing Act of 1937 (as in effect before the effective
date of the repeal under section 601(b) of this Act) that have
not been obligated for such assistance by such agency before
such effective date shall be used to provide assistance under
this title, except to the extent the Secretary determines such
use is inconsistent with existing commitments.
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(b) EXCEPTION.—Subsection (a) shall not apply to
any amounts made available under a contract for housing
constructed or substantially rehabilitated pursuant to sec-
tion 8(b)(2) of the United States Housing Act of 1937, as
in effect before October 1, 1983.
SEC. 308. RECAPTURE AND REUSE OF ANNUAL CONTRACT
PROJECT RESERVES UNDER CHOICE-BASED
HOUSING ASSISTANCE AND SECTION 8 TEN-
ANT-BASED ASSISTANCE PROGRAMS.
To the extent that the Secretary determines that the
amount in the reserve account for annual contributions con-
tracts (for housing assistance under this title or tenant-
based assistance under section 8 of the United States Hous-
ing Act of 1937) that is under contract with a public hous-
ing agency for such assistance is in excess of the amounts
needed by the agency, the Secretary shall recapture such
excess amount. The Secretary may hold recaptured amounts
in reserve until needed to enter into, amend, or renew con-
tracts under this title or to amend or renew contracts under
section 8 of such Act for tenant-based assistance with any
agency.
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Subtitle B—Choice-Based Housing
Assistance for Eligible Families
SEC. 321. ELIGIBLE FAMILIES AND PREFERENCES FOR AS-
SISTANCE.
(a) LOW-INCOME REQUIREMENT.—Housing assistance
under this title may be provided only on behalf of a family
that—
(1) at the time that such assistance is initially
provided on behalf of the family, is determined by the
public housing agency to be a low-income family; or
(2) qualifies to receive such assistance under any
other provision of Federal law.
(b) INCOME TARGETING.—Of the families initially as-
sisted under this title by a public housing agency in any
year, not less than 40 percent shall be families whose in-
comes do not exceed 30 percent of the area median income,
as determined by the Secretary with adjustments for smaller
and larger families. The Secretary may establish income
ceiling higher or lower than 30 percent of the area median
income on the basis of the Secretary’s findings that such
variations are necessary because of unusually high or low
family incomes.
(c) REVIEWS OF FAMILY INCOMES.—
(1) IN GENERAL.—Reviews of family incomes for
purposes of this title shall be subject to the provisions
188
of section 904 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 and shall be con-
ducted upon the initial provision of housing assist-
ance for the family and thereafter not less than annu-
ally.
(2) PROCEDURES.—Each public housing agency
administering housing assistance under this title shall
establish procedures that are appropriate and nec-
essary to ensure that income data provided to the
agency and owners by families applying for or receiv-
ing housing assistance from the agency is complete
and accurate.
(d) PREFERENCES FOR ASSISTANCE.—
(1) AUTHORITY
TO
ESTABLISH.—Any public
housing agency that receives amounts under this title
may establish a system for making housing assistance
available on behalf of eligible families that provides
preference for such assistance to eligible families hav-
ing certain characteristics.
(2) CONTENT.—Each system of preferences estab-
lished pursuant to this subsection shall be based upon
local housing needs and priorities, as determined by
the public housing agency using generally accepted
data sources, including any information obtained
pursuant to an opportunity for public comment as
189
provided under section 106(e) and under the require-
ments applicable to the comprehensive housing afford-
ability strategy for the relevant jurisdiction.
(3) SENSE OF THE CONGRESS.—It is the sense of
the Congress that, to the greatest extent practicable,
public housing agencies involved in the selection of
tenants under the provisions of this title should adopt
preferences for individuals who are victims of domes-
tic violence.
(e) PORTABILITY OF HOUSING ASSISTANCE.—
(1) NATIONAL PORTABILITY.—An eligible family
that is selected to receive or is receiving assistance
under this title may rent any eligible dwelling unit
in any area where a program is being administered
under this title. Notwithstanding the preceding sen-
tence, a public housing agency may require that any
family not living within the jurisdiction of the public
housing agency at the time the family applies for as-
sistance from the agency shall, during the 12-month
period beginning on the date of initial receipt of
housing assistance made available on behalf of the
family from such agency, lease and occupy an eligible
dwelling unit located within the jurisdiction served by
the agency. The agency for the jurisdiction into which
190
the family moves shall have the responsibility for ad-
ministering assistance for the family.
(2) SOURCE OF FUNDING FOR A FAMILY THAT
MOVES.—For a family that has moved into the juris-
diction of a public housing agency and that, at the
time of the move, has been selected to receive, or is re-
ceiving, assistance provided by another agency, the
agency for the jurisdiction into which the family has
moved may, in its discretion, cover the cost of assist-
ing the family under its contract with the Secretary
or through reimbursement from the other agency
under that agency’s contract.
(3) AUTHORITY TO DENY ASSISTANCE TO CER-
TAIN FAMILIES WHO MOVE.—A family may not re-
ceive housing assistance as provided under this sub-
section if the family has moved from a dwelling unit
in violation of the lease for the dwelling unit.
(4) FUNDING
ALLOCATIONS.—In providing as-
sistance amounts under this title for public housing
agencies for any fiscal year, the Secretary may give
consideration to any reduction or increase in the
number of resident families under the program of an
agency in the preceding fiscal year as a result of this
subsection.
191
(f) CONFIDENTIALITY FOR VICTIMS OF DOMESTIC VIO-
LENCE.—A public housing agency shall be subject to the re-
strictions regarding release of information relating to the
identity and new residence of any family receiving housing
assistance who was a victim of domestic violence that are
applicable to shelters pursuant to the Family Violence Pre-
vention and Services Act. The agency shall work with the
United States Postal Service to establish procedures consist-
ent with the confidentiality provisions in the Violence
Against Women Act of 1994.
SEC. 322. RESIDENT CONTRIBUTION.
(a) AMOUNT.—
(1) MONTHLY RENT CONTRIBUTION.—An assisted
family shall contribute on a monthly basis for the
rental of an assisted dwelling unit an amount that
the public housing agency determines is appropriate
with respect to the family and the unit, but which—
(A) shall not be less than the minimum
monthly rental contribution determined under
subsection (b); and
(B) shall not exceed the greatest of—
(i) 30 percent of the monthly adjusted
income of the family;
(ii) 10 percent of the monthly income
of the family; and