[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4441 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4441

To reform and improve the rental housing voucher program under section 
              8 of the United States Housing Act of 1937.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

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

_______________________________________________________________________

                                 A BILL


 
To reform and improve the rental housing voucher program under section 
              8 of the United States Housing Act of 1937.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revitalizing Older Communities 
Through Housing Improvements Act of 2004''.

SEC. 2. IMPROVING UTILIZATION AND SUCCESS RATES.

    (a) Increased Payment Standard.--Section 8(o)(1)(D) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)(D)) is amended--
            (1) by striking ``(D) Approval.--The'' and inserting the 
        following:
                    ``(D) Exception payment standards.--
                            ``(i) Approval.--The''; and
            (2) by adding at the end the following:
                            ``(ii) Increased payment standard.--A 
                        public housing agency may establish a payment 
                        standard for the same size dwelling unit in a 
                        market area or portion of a market area between 
                        110 and 150 percent of the fair market rent, if 
                        the payment standard for the market area or 
                        portion of a market area has been set at 110 
                        percent or above for the 6 months prior to the 
                        establishment of the new payment standard and 
                        the public housing agency determines that it 
                        has--
                                    ``(I) a voucher success rate (the 
                                proportion of families that are issued 
                                a voucher that succeed in leasing a 
                                unit within the timeframe provided by 
                                the public housing agency to search for 
                                housing) of not more than 80 percent or 
                                has provided an extended search time of 
                                not less than 90 days to a significant 
                                number of voucher recipients; or
                                    ``(II) problems with concentration 
                                of the voucher holders in high-poverty 
                                areas.
                            ``(iii) Disability accommodation.--A public 
                        housing agency may establish a payment standard 
                        of not more than 150 percent of the fair market 
                        rent where necessary as a reasonable 
                        accommodation for a person with a disability, 
                        without approval of the Secretary. A public 
                        housing agency may seek approval of the 
                        Secretary to use a payment standard greater 
                        than 150 percent of the fair market rent as a 
                        reasonable accommodation for a person with a 
                        disability.
                            ``(iv) Secretary approval.--A public 
                        housing agency may establish a payment standard 
                        in accordance with clause (ii) without approval 
                        of the Secretary, if the public housing agency 
                        includes in its annual plan that is submitted 
                        to the Secretary pursuant to section 5A(b)--
                                    ``(I) the reasons for the increase 
                                in the payment standard;
                                    ``(II) a description of how and why 
                                the public housing agency has 
                                determined that it meets the 
                                requirements of clause (ii); and
                                    ``(III) a description of other 
                                steps the public housing agency is 
                                taking, in addition to increasing the 
                                payment standard, to address the 
                                problems of voucher utilization, 
                                voucher success rates (the proportion 
                                of families that are issued a voucher 
                                that succeed in leasing a unit within 
                                the timeframe provided by the public 
                                housing agency to search for housing), 
                                and concentration of voucher holders.
                            ``(v) Applicability.--Clauses (ii) through 
                        (iv) shall apply with respect only to amounts 
                        made available for rental assistance under this 
                        subsection for fiscal year 2005 and fiscal 
                        years thereafter.''.
    (b) Tight Rental Markets.--The Secretary of Housing and Urban 
Development shall, not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act, issue regulations 
to implement the recommendations made by the Millenial Housing 
Commission in the report entitled ``Meeting Our Nation's Challenges'', 
dated May 30, 2002, regarding improving the housing choice voucher 
program under section 8(o) of the United States Housing Act of 1937. 
Such regulations shall provide that--
            (1) the Secretary shall expand the resources devoted to 
        rent surveys to ensure that published fair market rentals 
        established under section 8(c) of such Act do not lag actual 
        rents; and
            (2) exception payment standards under section 8(o)(1)(D) of 
        such Act (as amended by subsection (a) of this section) are 
        more quickly approved when census data demonstrate that average 
        area rents are at the level of the exception sought (subject to 
        appropriate maximum limitations, as the Secretary of Housing 
        and Urban Development shall provide).

SEC. 3. TERMINATION OF HOUSING ASSISTANCE PAYMENTS CONTRACT.

    Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)) is amended by adding at the end the following new paragraph:
            ``(20) Breach of hap contract.--Each housing assistance 
        payment contract for assistance under this subsection shall 
        provide that it shall be breach of such contract for the owner 
        to fail to pay State or local real estate taxes, fines, or 
        assessments relating to a dwelling unit assisted under the 
        contract or the building in which the unit is located.''.

SEC. 4. COMMISSION TO STUDY PUBLIC AND SECTION 8 HOUSING.

    (a) Establishment.--There is hereby established a commission to be 
known as the Commission to Revitalize Older Communities Through Housing 
Improvements (in this section referred to as the ``Commission'').
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of 9 
        members, appointed not later than 90 days after amounts are 
        appropriated pursuant to subsection (g) or are otherwise made 
        available from non-Federal sources to carry out this section. 
        Each member shall be appointed for the life of the Commission. 
        The members shall be as follows:
                    (A) 3 members appointed by the President.
                    (B) 2 members appointed by the Speaker of the House 
                of Representatives.
                    (C) 1 member appointed by the minority leader of 
                the House of Representatives.
                    (D) 2 members appointed by the majority leader of 
                the Senate.
                    (E) 1 member appointed by the minority leader of 
                the Senate.
            (2) Chairperson.--The Commission shall elect a chairperson 
        from among the members of the Commission.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business.
            (4) Vacancies.--Any vacancy on the Commission shall not 
        affect its powers, but shall be filled in the manner in which 
        the original appointment was made.
            (5) Prohibition of additional pay.--Members of the 
        Commission who are full-time officers or employees of the 
        United States may not receive additional pay, allowances, or 
        benefits by reason of their service on the Commission.
            (6) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (c) Functions.--
            (1) Study.--The Commission shall conduct a study regarding 
        the following topics:
                    (A) Public housing community service requirement.--
                The Commission shall study the community service 
                requirement under section 12(c) of the United States 
                Housing Act of 1937 (42 U.S.C. 1437j(c)) to determine--
                            (i) the effectiveness of such requirement 
                        in producing community service contributions by 
                        residents of public housing, taking into 
                        consideration exemptions under law for certain 
                        individuals and the temporary suspension of the 
                        requirement and of funding for carrying out the 
                        requirement;
                            (ii) the best means of determining 
                        compliance with, and enforcing, the community 
                        service requirement;
                            (iii) the actual level of compliance with 
                        the community service requirement; and
                            (iv) whether applying the community service 
                        requirement to recipients of rental housing 
                        voucher assistance under section 8(o) of such 
                        Act would be feasible and effective, taking 
                        into consideration the large proportion of 
                        recipients of such assistance that are employed 
                        and the significant administrative burdens and 
                        costs public housing agencies would incur in 
                        implementing, administrating, and enforcing 
                        such requirement.
                    (B) Voucher concentration reduction.--The 
                Commission shall study--
                            (i) the effectiveness and feasibility, for 
                        purposes of reducing concentration of poverty, 
                        of authorizing public housing agencies to 
                        establish a limitation on the number of rental 
                        housing assistance vouchers under section 8 of 
                        the United States Housing Act of 1937 that may 
                        be used for rental of dwelling units located 
                        within any single municipality or area, which 
                        limitation shall be based on the percentage of 
                        recipients of such assistance to the total 
                        population;
                            (ii) the consistency of such a limitation 
                        with, and effects on, the portability 
                        requirements under section 8(r) of such Act; 
                        and
                            (iii) various solutions to avoiding 
                        concentration of voucher recipients, including 
                        requiring, in a case where a limitation 
                        referred to in clause (i) prevents use of 
                        vouchers in a municipality or area, that the 
                        relevant public housing agency increase the 
                        amount of monthly assistance provided under a 
                        voucher to permit such voucher recipients to 
                        obtain housing in other areas having higher 
                        housing costs.
            (2) Report.--The Commission shall submit a report to the 
        Congress and the Secretary of Housing and Urban Development 
        regarding the results of the study not later than 180 days 
        after the completion of the appointment of the members of the 
        Commission pursuant to subsection (b)(1).
    (d) Powers.--
            (1) Hearings.--The Commission may, for the purpose of 
        carrying out this section, hold such hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission considers appropriate.
            (2) Rules and regulations.--The Commission may adopt such 
        rules and regulations as may be necessary to establish its 
        procedures and to govern the manner of its operations, 
        organization, and personnel.
            (3) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this section. 
        Upon request of the Chairperson of the Commission, the head of 
        that department or agency shall furnish that information to the 
        Commission. The Commission may require information directly 
        from any public housing agency (as such term is defined in 
        section 3(b) of the United States Housing Act of 1937 (42 
        U.S.C. 1437a(b))) to the same extent that the Secretary of 
        Housing and Urban Development may require such information.
            (4) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this section.
            (5) Staff of hud.--Upon request of the Chairperson of the 
        Commission, the Secretary of Housing and Urban Development 
        shall, to the extent possible and subject to the discretion of 
        the Secretary, detail, on a reimbursable basis, any of the 
        personnel of the Department to the Commission to assist it in 
        carrying out its duties under this section.
            (6) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (7) Executive director.--The Commission shall have a 
        Director who shall be appointed by the Commission. To the 
        extent or in the amounts provided in advance in appropriation 
        Acts, the Director shall be paid at a rate fixed by the 
        Commission, but not to exceed the rate of basic pay for level V 
        of the Executive Schedule.
            (8) Staff.--The Commission may appoint and fix the pay of 
        such personnel as it considers appropriate, in accordance with 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and the provisions of 
        chapter 51 and subchapter III of chapter 53 of that title 
        relating to classification and General Schedule pay rates.
    (e) Advisory Committee.--The Commission shall be considered an 
advisory committee within the meaning of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    (f) Sunset.--The Commission shall terminate 30 days after 
submitting the report pursuant to subsection (c)(2).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
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