Voucher renewal funding

Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by striking subsection (dd) and inserting the following new subsection:

(dd)

Tenant-based vouchers

(1)

Authorization of appropriations

There are authorized to be appropriated, for each of fiscal years 2008 through 2012, such sums as may be necessary for tenant-based assistance under subsection (o) for the following purposes: (A)To renew all expiring annual contributions contracts for tenant-based rental assistance. (B)To provide tenant-based rental assistance for— (i)relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134); (ii)conversion of section 23 projects to assistance under this section; (iii)the family unification program under subsection (x) of this section; (iv)relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency; (v)enhanced vouchers authorized under subsection (t) of this section; (vi)vouchers in connection with the HOPE VI program under section 24; (vii)demolition or disposition of public housing units pursuant to section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p); (viii)mandatory and voluntary conversions of public housing to vouchers, pursuant to sections 33 and 22 of the United States Housing Act of 1937, respectively (42 U.S.C. 1437z–5, 1437t); (ix)vouchers necessary to comply with a consent decree or court order; (x)vouchers transferred from another public housing agency; and (xi)tenant protection assistance, including replacement and relocation assistance. (2)

Allocation of renewal funding among public housing agencies

(A)From amounts appropriated for each year pursuant to paragraph (1)(A), the Secretary shall provide renewal funding for each public housing agency— (i)based on leasing and costs from the prior year, as adjusted by an annual adjustment factor to be established by the Secretary; (ii)by making any adjustments necessary to provide for the first-time renewal of vouchers funded under paragraph (1)(B); and (iii)by making such other adjustments as the Secretary considers appropriate. (B)

Leasing and cost data

For purposes of subparagraph (A)(i), leasing and cost data shall be calculated not less often than biennially by using the average for the calendar year that, at the time of such calculation, is the most recently completed calendar year for which the Secretary determines data is available, substantially verifiable, and complete. Such leasing data shall be adjusted to include vouchers that were set aside under a commitment to provide project-based assistance under subsection (o)(13). (C)

Moving to work

Notwithstanding subparagraphs (A) and (B), each public housing agency participating at any time in the moving to work demonstration under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) or in the Moving to Work program under section 36 of this Act shall be funded pursuant to its agreement under such program and shall be subject to any pro rata adjustment made under subparagraph (D). (D)

Pro rata allocation

(i)

Insufficient funds

To the extent that amounts made available for a fiscal year are not sufficient to provide each public housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (C), the Secretary shall reduce such allocation for each agency on a pro rata basis, except that renewal funding of enhanced vouchers under section 8(t) shall not be subject to such proration. (ii)

Excess funds

To the extent that amounts made available for a fiscal year exceed the amount necessary to provide each housing agency with the full allocation for the agency determined pursuant to subparagraphs (A) and (C), such excess amounts shall be used for the purposes specified in subparagraphs (B) and (C) of paragraph (4). (3)

Advances

(A)

Authority

During the last 3 months of each calendar year, the Secretary shall provide amounts to any public housing agency, at the request of the agency, in an amount up to two percent of the allocation for the agency for such calendar year. (B)

Use

Amounts advanced under subparagraph (A) may be used to pay for additional voucher costs, including costs related to temporary overleasing. (C)

Repayment

Amounts advanced under subparagraph (A) in a calendar year shall be repaid to the Secretary in the subsequent calendar year by reducing the amounts made available for such agency for such subsequent calendar year pursuant to allocation under paragraph (2) by an amount equal to the amount so advanced to the agency. (4)

Recapture

(A)

In general

The Secretary shall recapture, from amounts provided under the annual contributions contract for a public housing agency for a calendar year, all amounts allocated under paragraph (2) that are unused by the agency at the end of each calendar year. (B)

Reallocation

Not later than May 1 of each calendar year, the Secretary shall— (i)calculate the aggregate unused amounts for the preceding year recaptured pursuant to subparagraph (A); (ii)set aside and make available such amounts as the Secretary considers appropriate to reimburse public housing agencies for increased costs related to portability and family self-sufficiency activities during such year; and (iii)reallocate all remaining amounts among public housing agencies that, in the preceding year, used at least 99 percent of amounts allocated under paragraph (2) for the agency and leased fewer than the number of vouchers authorized for the agency; except that the Secretary may establish priority for allocation of such amounts to public housing agencies that leased fewer vouchers in such preceding year than in the 12-month period ending April 1, 2004. (C)

Use

Amounts reallocated to a public housing agency pursuant to subparagraph (B)(iii) may be used only to increase voucher leasing rates to the level authorized for the agency.