[House Report 114-411]
[From the U.S. Government Publishing Office]


114th Congress    }                                  {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {         114-411
======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3700) TO PROVIDE HOUSING 
  OPPORTUNITIES IN THE UNITED STATES THROUGH MODERNIZATION OF VARIOUS 
                HOUSING PROGRAMS, AND FOR OTHER PURPOSES

                                _______
                                

  February 1, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Stivers, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 594]

    The Committee on Rules, having had under consideration 
House Resolution 594, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3700, the 
Housing Opportunity Through Modernization Act of 2015, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Financial Services. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 114-
42 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further amendments printed in this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 3(e)(1) of rule XIII 
(``Ramseyer''), requiring a committee report accompanying a 
bill amending or repealing statutes to show, by typographical 
device, parts of statute affected. The waiver is provided 
because the submission provided by the Committee on Financial 
Services was insufficient to meet the standards established by 
the rule in its current form. The Committee on Rules continues 
to work with the House Office of Legislative Counsel and 
committees to determine the steps necessary to comply with the 
updated rule.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Buchanan (FL): Promotes efficient and accurate 
administration of income reviews and the collection of asset 
information when determining eligibility for rental assistance, 
consistent with other means-tested programs. (10 minutes)
    2. Waters (CA): Removes harmful language that would limit 
the amount that families receiving certain federal housing 
assistance can deduct from their income for childcare expenses. 
(10 minutes)
    3. Sewell (AL): Requires the Secretary of HUD to conduct a 
study to determine the impacts of the decreased deductions on 
rents paid by elderly and disabled individuals and families 
assisted under the Section 8 rental assistance and housing 
programs. (10 minutes)
    4. Bordallo (GU): Prioritizes U.S. citizens and nationals 
over migrants from the Republic of the Marshall Islands, 
Republic of Palau, and the Federated States of Micronesia when 
receiving federal housing assistance in Guam. (10 minutes)
    5. Hinojosa (TX): Allows the USDA to assess a nominal fee 
(maximum of $50) per loan under the Section 502 single family 
guaranteed home loan program in order to fund needed 
technological improvements and investments into the guaranteed 
underwriting system. (10 minutes)
    6. Meng (NY): Requires HUD to publish model guidelines for 
minimum heating requirements for units operated by public 
housing agencies receiving federal assistance. (10 minutes)
    7. Palazzo (MS): Makes permanent the exception to public 
housing agency resident board member requirement. (10 minutes)
    8. Welch (VT): Allows the property taxes paid on mobile 
homes, insurance payments, utilities and financing to be 
included as components of the housing costs eligible for 
Section 8 payments. (10 minutes)
    9. Lujan Grisham (NM): Inserts a provision for 
collaborating with the Department of Veterans Affairs and the 
Department of Housing and Urban Development on how to better 
coordinate and improve veterans housing services. (10 minutes)
    10. Peters, Scott (CA): Directs the Secretary of Housing 
and Urban Development to reopen the period for public comment 
for the ``Homeless Emergency Assistance and Rapid Transition to 
Housing: Continuum of Care Program'' to allow stakeholders the 
opportunity to provide input on how HUD's resources can be most 
equitably used to end homelessness in our country. (10 minutes)
    11. Ellison (MN): Provides affirmative permission for 
housing providers who administer U.S. Department of Housing and 
Urban Development funds to report on-time rental payment data 
for their tenants to credit reporting agencies without 
requiring and managing individual written consent agreements. 
Directs HUD to retain tenant privacy so the furnished 
information would not specifically note that tenants receive 
HUD assistance. (10 minutes)
    12. Green, Al (TX): Reauthorizes the FHA pilot program to 
establish an automated process for providing additional credit 
rating information to help determine creditworthiness for 
families with insufficient credit histories. (10 minutes)
    13. Jackson Lee (TX): Directs the Secretary of Housing and 
Urban Development to work with the Secretary of Labor to 
produce an annual report on interagency strategies to 
strengthen family economic empowerment by linking housing with 
essential supportive services such as employment counseling and 
training, financial growth, childcare, transportation, meals, 
youth recreational activities and other supportive services. 
(10 minutes)
    14. Price, David (NC), Aderholt (AL): Updates and 
modernizes HUD's funding formula for the Housing Opportunities 
for Persons With AIDS (HOPWA) program so that funding is 
distributed to jurisdictions based on living cases of HIV/AIDS. 
(10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Buchanan of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 16, line 2, after ``develop'' insert ``electronic''.
  Page 16, line 4, strike ``income'' and insert ``benefit''.
  Page 16, after line 14, insert the following:
                  ``(E) Electronic income verification.--The 
                Secretary shall develop a mechanism for 
                disclosing information to a public housing 
                agency for the purpose of verifying the 
                employment and income of individuals and 
                families in accordance with section 
                453(j)(7)(E) of the Social Security Act (42 
                U.S.C. 653(j)(7)(E)), and shall ensure public 
                housing agencies have access to information 
                contained in the `Do Not Pay' system 
                established by section 5 of the Improper 
                Payments Elimination and Recovery Improvement 
                Act of 2012 (Public Law 112-248; 126 Stat. 
                2392).''.
  Page 16, line 15, strike ``(E)'' and insert ``(F)''.
  Page 34, line 14, strike the closing quotation marks and the 
last period.
  Page 34, after line 14, insert the following:
          ``(7) Verifying income.--
                  ``(A) Beginning in fiscal year 2018, the 
                Secretary shall require public housing agencies 
                to require each applicant for, or recipient of, 
                benefits under this Act to provide 
                authorization by the applicant or recipient (or 
                by any other person whose income or resources 
                are material to the determination of the 
                eligibility of the applicant or recipient for 
                such benefits) for the public housing agency to 
                obtain (subject to the cost reimbursement 
                requirements of section 1115(a) of the Right to 
                Financial Privacy Act) from any financial 
                institution (within the meaning of section 
                1101(1) of such Act) any financial record 
                (within the meaning of section 1101(2) of such 
                Act) held by the institution with respect to 
                the applicant or recipient (or any such other 
                person) whenever the public housing agency 
                determines the record is needed in connection 
                with a determination with respect to such 
                eligibility or the amount of such benefits.
                  ``(B) Notwithstanding section 1104(a)(1) of 
                the Right to Financial Privacy Act, an 
                authorization provided by an applicant or 
                recipient (or any other person whose income or 
                resources are material to the determination of 
                the eligibility of the applicant or recipient) 
                pursuant to subparagraph (A) of this paragraph 
                shall remain effective until the earliest of--
                          ``(i) the rendering of a final 
                        adverse decision on the applicant's 
                        application for eligibility for 
                        benefits under this Act;
                          ``(ii) the cessation of the 
                        recipient's eligibility for benefits 
                        under this Act; or
                          ``(iii) the express revocation by the 
                        applicant or recipient (or such other 
                        person referred to in subparagraph (A)) 
                        of the authorization, in a written 
                        notification to the Secretary.
                  ``(C)(i) An authorization obtained by the 
                public housing agency pursuant to this 
                paragraph shall be considered to meet the 
                requirements of the Right to Financial Privacy 
                Act for purposes of section 1103(a) of such 
                Act, and need not be furnished to the financial 
                institution, notwithstanding section 1104(a) of 
                such Act.
                  ``(ii) The certification requirements of 
                section 1103(b) of the Right to Financial 
                Privacy Act shall not apply to requests by the 
                public housing agency pursuant to an 
                authorization provided under this clause.
                  ``(iii) A request by the public housing 
                agency pursuant to an authorization provided 
                under this clause is deemed to meet the 
                requirements of section 1104(a)(3) of the Right 
                to Financial Privacy Act and the flush language 
                of section 1102 of such Act.
                  ``(iv) The public housing agency shall inform 
                any person who provides authorization pursuant 
                to this paragraph of the duration and scope of 
                the authorization.
                  ``(D) If an applicant for, or recipient of, 
                benefits under this Act (or any such other 
                person referred to in subparagraph (A)) refuses 
                to provide, or revokes, any authorization made 
                by the applicant or recipient for the public 
                housing agency to obtain from any financial 
                institution any financial record, the public 
                housing agency may, on that basis, determine 
                that the applicant or recipient is ineligible 
                for benefits under this title.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Waters of California or 
                 Her Designee, Debatable for 10 Minutes

  Strike line 17 on page 20 and all that follows through page 
21, line 10, and insert the following:
                  ``(B) Minors, students, and persons with 
                disabilities.--$480 for each member of the 
                family residing in the household (other than 
                the head of the household or his or her spouse) 
                who is less than 18 years of age or is 
                attending school or vocational training on a 
                full-time basis, or who is 18 years of age or 
                older and is a person with disabilities.
                  ``(C) Child care.--Any reasonable child care 
                expenses necessary to enable a member of the 
                family to be employed or to further his or her 
                education.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Sewell of Alabama or 
                 Her Designee, Debatable for 10 Minutes

  Page 26, after line 3, insert the following new subsection:
  (h) Study on Impact on Elderly and Disabled Families of 
Decreased Deductions in Income.--
          (1) Study.--The Secretary of Housing and Urban 
        Development shall conduct a study to determine the 
        impacts, on rents paid by elderly and disabled 
        individuals and families assisted under the section 8 
        rental assistance and public housing programs under the 
        United States Housing Act of 1937 (42 U.S.C. 1437 et 
        seq), of any decreases in the amounts of any deductions 
        from income (for purposes of section 3(b) of such Act 
        (42 U.S.C. 1437a(b))), as compared to such deductions 
        under such section 3(b) as in effect before the 
        effectiveness of this section, resulting from the 
        amendments made by this section.
          (2) Report.--The Secretary shall submit to the 
        Congress a report setting forth the results of the 
        study conducted pursuant to paragraph (1) not later 
        than the expiration of the 12-month period beginning on 
        the date of the enactment of this Act.
          (3) Effective date.--Notwithstanding subsection (h) 
        of this section, this subsection shall take effect on 
        the date of the enactment of this Act.
                              ----------                              


4. An Amendment To Be Offered by Representative Bordallo of Guam or Her 
                   Designee, Debatable for 10 Minutes

    Page 55, after line 11, insert the following new section:

SEC. 111. PREFERENCE FOR UNITED STATES CITIZENS OR NATIONALS.

    Section 214(a)(7) of the Housing and Community Development 
Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking 
``such alien'' and all that follows through the period at the 
end and inserting ``any citizen or national of the United 
States shall be entitled to a preference or priority in 
receiving financial assistance before any such alien who is 
otherwise eligible for assistance.''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Hinojosa of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 55, after line 24, insert the following new section:

SEC. 202. GUARANTEED UNDERWRITING USER FEE.

  Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is 
amended by adding at the end the following new subsection:
  ``(i) Guaranteed Underwriting User Fee.--
          ``(1) Authority; maximum amount.--The Secretary may 
        assess and collect a fee for a lender to access the 
        automated underwriting systems of the Department in 
        connection with such lender's participation in the 
        single family loan program under this section and only 
        in an amount necessary to cover the costs of 
        information technology enhancements, improvements, 
        maintenance, and development for automated underwriting 
        systems used in connection with the single family loan 
        program under this section, except that such fee shall 
        not exceed $50 per loan.
          ``(2) Crediting; availability.--Any amounts collected 
        from such fees shall be credited to the Rural 
        Development Expense Account as offsetting collections 
        and shall remain available until expended, in the 
        amounts provided in appropriation Acts, solely for 
        expenses described in paragraph (1).''.
                              ----------                              


6. An Amendment To Be Offered by Representative Meng of New York or Her 
                   Designee, Debatable for 10 Minutes

  Page 55, after line 11, add the following new section:

SEC. 111. PUBLIC HOUSING HEATING GUIDELINES.

  Section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g), as amended by the preceding provisions of this Act, is 
further amended by adding at the end the following new 
subsection:
  ``(o) Public Housing Heating Guidelines.--The Secretary shall 
publish model guidelines for minimum heating requirements for 
public housing dwelling units operated by public housing 
agencies receiving assistance under this section.''.
                              ----------                              


7. An Amendment To Be Offered by Representative Palazzo of Mississippi 
               or His Designee, Debatable for 10 Minutes

  Page 55, after line 11, insert the following new section:

SEC. 111. EXCEPTION TO PUBLIC HOUSING AGENCY RESIDENT BOARD MEMBER 
                    REQUIREMENT.

  Subsection (b) of section 2 of the United States Housing Act 
of 1937 (42 U.S.C. 1437(b)) is amended--
          (1) in paragraph (1), by striking ``paragraph (2)'' 
        and inserting ``paragraphs (2) and (3)'';
          (2) by redesignating paragraph (3) as paragraph (4); 
        and
          (3) by inserting after paragraph (2) the following 
        new paragraph:
          ``(3) Exception for certain jurisdictions.--
                  ``(A) Exception.--A covered agency (as such 
                term is defined in subparagraph (C) of this 
                paragraph) shall not be required to include on 
                the board of directors or a similar governing 
                board of such agency a member described in 
                paragraph (1).
                  ``(B) Advisory board requirement.--Each 
                covered agency that administers Federal housing 
                assistance under section 8 (42 U.S.C. 1437f) 
                that chooses not to include a member described 
                in paragraph (1) on the board of directors or a 
                similar governing board of the agency shall 
                establish an advisory board of not less than 6 
                residents of public housing or recipients of 
                assistance under section 8 (42 U.S.C. 1437f) to 
                provide advice and comment to the agency or 
                other administering entity on issues related to 
                public housing and section 8. Such advisory 
                board shall meet not less than quarterly.
                  ``(C) Covered agency or entity.--For purposes 
                of this paragraph, the term `covered agency' 
                means a public housing agency or such other 
                entity that administers Federal housing 
                assistance for--
                          ``(I) the Housing Authority of the 
                        county of Los Angeles, California; or
                          ``(ii) any of the States of Alaska, 
                        Iowa, and Mississippi.''.
                              ----------                              


8. An Amendment To Be Offered by Representative Welch of Vermont or His 
                   Designee, Debatable for 10 Minutes

  Page 55, after line 11, insert the following new section:

SEC. 111. USE OF VOUCHERS FOR MANUFACTURED HOUSING.

  (a) In General.--Section 8(o)(12) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(12)) is amended--
          (1) in subparagraph (A), by striking the period at 
        the end of the first sentence and all that follows 
        through ``of'' in the second sentence and inserting 
        ``and rents''''; and
          (2) in subparagraph (B)--
                  (A) in clause (i), by striking ``the rent'' 
                and all that follows and inserting the 
                following: ``rent shall mean the sum of the 
                monthly payments made by a family assisted 
                under this paragraph to amortize the cost of 
                purchasing the manufactured home, including any 
                required insurance and property taxes, the 
                monthly amount allowed for tenant-paid 
                utilities, and the monthly rent charged for the 
                real property on which the manufactured home is 
                located, including monthly management and 
                maintenance charges.'';
                  (B) by striking clause (ii); and
                  (C) in clause (iii)--
                          (i) by inserting after the period at 
                        the end the following: ``If the amount 
                        of the monthly assistance payment for a 
                        family exceeds the monthly rent charged 
                        for the real property on which the 
                        manufactured home is located, including 
                        monthly management and maintenance 
                        charges, a public housing agency may 
                        pay the remainder to the family, lender 
                        or utility company, or may choose to 
                        make a single payment to the family for 
                        the entire monthly assistance 
                        amount.''; and
                          (ii) by redesignating such clause as 
                        clause (ii).
  (b) Effective Date.--The Secretary of Housing and Urban 
Development shall issue notice to implement the amendments made 
by subsection (a) and such amendments shall take effect upon 
such issuance.
                              ----------                              


 9. An Amendment To Be Offered by Representative Lujan Grisham of New 
            Mexico or Her Designee, Debatable for 10 Minutes

  Page 64, line 16, strike ``and''.
  Page 64, after line 16, insert the following new 
subparagraph:
                  ``(G) collaborating with the Department of 
                Veterans Affairs on making joint 
                recommendations to the Congress, the Secretary 
                of Housing and Urban Development, and the 
                Secretary of Veterans Affairs on how to better 
                coordinate and improve services to veterans 
                under both Department of Housing and Urban 
                Development and Department of Veteran Affairs 
                veterans housing programs, including ways to 
                improve the Independent Living Program of the 
                Department of Veteran Affairs; and''
  Page 64, line 17, strike ``(G)'' and insert ``(H)''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Peters of California 
               or His Designee, Debatable for 10 Minutes

  Page 68, after line 4, insert the following new section:

SEC. 405. REOPENING OF PUBLIC COMMENT PERIOD FOR CONTINUUM OF CARE 
                    PROGRAM REGULATIONS.

  Not later than the expiration of the 30-day period beginning 
on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall re-open the period for 
public comment regarding the Secretary's interim rule entitled 
``Homeless Emergency Assistance and Rapid Transition to 
Housing: Continuum of Care Program'', published in the Federal 
Register on July 31, 2012 (77 Fed. Reg. 45422; Docket No. FR-
5476-I-01). Upon re-opening, such comment period shall remain 
open for a period of not fewer than 60 days.
                              ----------                              


 11. An Amendment To Be Offered by Representative Ellison of Minnesota 
               or His Designee, Debatable for 10 Minutes

  Add at the end of the bill the following new title:

   TITLE VI--FURNISHING RENT PAYMENT INFORMATION TO CREDIT REPORTING 
                                AGENCIES

SEC. 504. FURNISHING INFORMATION ABOUT RENT PAYMENTS TO A CONSUMER 
                    REPORTING AGENCY.

  (a) In General.--Notwithstanding any other provision of law, 
the Secretary of Housing and Urban Development or any other 
person having authorized access may furnish to a consumer 
reporting agency (as defined in section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a)) information relating to the 
on-time performance of an individual in making payments under a 
lease agreement with respect to a dwelling unit for which any 
subsidy or assistance for occupancy in the dwelling unit is 
provided under a program administered by the Secretary of 
Housing and Urban Development.
  (b) Additional Requirements for Furnishers.--Any person who 
furnishes such information shall--
          (1) ensure that the payment information is reported 
        in a manner that does not by itself identify the 
        individual as a recipient of housing assistance under a 
        program administered by the Secretary of Housing and 
        Urban Development; and
          (2) notify the individual that such information will 
        be provided to a consumer reporting agency before 
        providing such information to a consumer reporting 
        agency.
                              ----------                              


12. An Amendment To Be Offered by Representative Green of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

  TITLE VI--FHA PILOT PROGRAM FOR ADDITIONAL CREDIT RATING INFORMATION

SEC. 601. PILOT PROGRAM FOR ADDITIONAL CREDIT RATING INFORMATION FOR 
                    FHA MORTGAGORS.

  Section 258 of the National Housing Act (12 U.S.C. 1715z-24) 
is amended as follows:
          (1) Authority.--In the first sentence of subsection 
        (a), by striking ``shall'' and inserting ``may''.
          (2) Extension of program.--By striking subsection 
        (d).
                              ----------                              


 13. An Amendment To Be Offered by Representative Jackson Lee of Texas 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

                           TITLE VI--REPORTS

SEC. 601. REPORT ON INTERAGENCY FAMILY ECONOMIC EMPOWERMENT STRATEGIES.

  The Secretary of Housing and Urban Development, in 
consultation with the Secretary of Labor, shall submit a report 
to the Congress annually that describes--
          (1) any interagency strategies of such Departments 
        that are designed to improve family economic 
        empowerment by linking housing assistance with 
        essential supportive services, such as employment 
        counseling and training, financial education and 
        growth, childcare, transportation, meals, youth 
        recreational activities, and other supportive services; 
        and
          (2) any actions taken in the preceding year to carry 
        out such strategies and the extent of progress achieved 
        by such actions.
                              ----------                              


    14. An Amendment To Be Offered by Representative Price of North 
           Carolina or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

         TITLE VI--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

SEC. 601. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS FOR 
                    INDIVIDUALS LIVING WITH HIV OR AIDS.

  (a) In General.--Subsection (c) of section 854 of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)) is amended by--
          (1) redesignating paragraph (3) as paragraph (5); and
          (2) striking paragraphs (1) and (2) and inserting the 
        following:
          ``(1) Allocation of resources.--
                  ``(A) Allocation formula.--The Secretary 
                shall allocate 90 percent of the amount 
                approved in appropriations Acts under section 
                863 among States and metropolitan statistical 
                areas as follows:
                          ``(I) 75 percent of such amounts 
                        among--
                                  ``(I) cities that are the 
                                most populous unit of general 
                                local government in a 
                                metropolitan statistical area 
                                with a population greater than 
                                500,000, as determined on the 
                                basis of the most recent 
                                census, and with more than 
                                2,000 individuals living with 
                                HIV or AIDS, using the data 
                                specified in subparagraph (B); 
                                and
                                  ``(II) States with more than 
                                2,000 individuals living with 
                                HIV or AIDS outside of 
                                metropolitan statistical areas.
                          ``(ii) 25 percent of such amounts 
                        among States and metropolitan 
                        statistical areas based on the method 
                        described in subparagraph (C).
                  ``(B) Source of data.--For purposes of 
                allocating amounts under this paragraph for any 
                fiscal year, the number of individuals living 
                with HIV or AIDS shall be the number of such 
                individuals as confirmed by the Director of the 
                Centers for Disease Control and Prevention, as 
                of December 31 of the most recent calendar year 
                for which such data is available.
                  ``(C) Allocation under subparagraph 
                (A)(ii).--For purposes of allocating amounts 
                under subparagraph (A)(ii), the Secretary shall 
                develop a method that accounts for--
                          ``(I) differences in housing costs 
                        among States and metropolitan 
                        statistical areas based on the fair 
                        market rental established pursuant to 
                        section 8(c) of the United States 
                        Housing Act of 1937 (42 U.S.C. 
                        1437f(c)) or another methodology 
                        established by the Secretary through 
                        regulation; and
                          ``(ii) differences in poverty rates 
                        among States and metropolitan 
                        statistical areas based on area poverty 
                        indexes or another methodology 
                        established by the Secretary through 
                        regulation.
          ``(2) Maintaining grants.--
                  ``(A) Continued eligibility of fiscal year 
                2016 grantees.--A grantee that received an 
                allocation in fiscal year 2016 shall continue 
                to be eligible for allocations under paragraph 
                (1) in subsequent fiscal years, subject to--
                          ``(I) the amounts available from 
                        appropriations Acts under section 863;
                          ``(ii) approval by the Secretary of 
                        the most recent comprehensive housing 
                        affordability strategy for the grantee 
                        approved under section 105; and
                          ``(iii) the requirements of 
                        subparagraph (C).
                  ``(B) Adjustments.--Allocations to grantees 
                described in subparagraph (A) shall be adjusted 
                annually based on the administrative provisions 
                included in fiscal year 2016 appropriations 
                Acts.
                  ``(C) Redetermination of continued 
                eligibility.--The Secretary shall redetermine 
                the continued eligibility of a grantee that 
                received an allocation in fiscal year 2016 at 
                least once during the 10-year period following 
                fiscal year 2016.
                  ``(D) Adjustment to grants.--For each of 
                fiscal years 2017, 2018, 2019, 2020, and 2021, 
                the Secretary shall ensure that a grantee that 
                received an allocation in the prior fiscal year 
                does not receive an allocation that is 5 
                percent less than or 10 percent greater than 
                the amount allocated to such grantee in the 
                preceding fiscal year.
          ``(3) Alternative grantees.--
                  ``(A) Requirements.--The Secretary may award 
                funds reserved for a grantee eligible under 
                paragraph (1) to an alternative grantee if--
                          ``(I) the grantee submits to the 
                        Secretary a written agreement between 
                        the grantee and the alternative grantee 
                        that describes how the alternative 
                        grantee will take actions consistent 
                        with the applicable comprehensive 
                        housing affordability strategy approved 
                        under section 105 of this Act;
                          ``(ii) the Secretary approves the 
                        written agreement described in clause 
                        (I) and agrees to award funds to the 
                        alternative grantee; and
                          ``(iii) the written agreement does 
                        not exceed a term of 10 years.
                  ``(B) Renewal.--An agreement approved 
                pursuant to subparagraph (A) may be renewed by 
                the parties with the approval of the Secretary.
                  ``(C) Definition.--In this paragraph, the 
                term `alternative grantee' means a public 
                housing agency (as defined in section 3(b) of 
                the United States Housing Act of 1937 (42 
                U.S.C. 1437a(b))), a unified funding agency (as 
                defined in section 401 of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11360)), a 
                State, a unit of general local government, or 
                an instrumentality of State or local 
                government.
          ``(4) Reallocations.--If a State or metropolitan 
        statistical area declines an allocation under paragraph 
        (1)(A), or the Secretary determines, in accordance with 
        criteria specified in regulation, that a State or 
        metropolitan statistical area that is eligible for an 
        allocation under paragraph (1)(A) is unable to properly 
        administer such allocation, the Secretary shall 
        reallocate any funds reserved for such State or 
        metropolitan statistical area as follows:
                  ``(A) For funds reserved for a State--
                          ``(I) to eligible metropolitan 
                        statistical areas within the State on a 
                        pro rata basis; or
                          ``(ii) if there is no eligible 
                        metropolitan statistical areas within a 
                        State, to metropolitan cities and urban 
                        counties within the State that are 
                        eligible for grant under section 106 of 
                        the Housing and Community Development 
                        Act of 1974 (42 U.S.C. 5306), on a pro 
                        rata basis.
                  ``(B) For funds reserved for a metropolitan 
                statistical area, to the State in which the 
                metropolitan statistical area is located.
                  ``(C) If the Secretary is unable to make a 
                reallocation under subparagraph (A) or (B), the 
                Secretary shall make such funds available on a 
                pro rata basis under the formula in paragraph 
                (1)(A).''.
  (b) Amendment to Definitions.--Section 853 of the AIDS 
Housing Opportunity Act (42 U.S.C. 12902) is amended--
          (1) in paragraph (1), by inserting ``or `AIDS''' 
        before ``means''; and
          (2) by inserting at the end the following new 
        paragraphs:
          ``(15) The term `HIV' means infection with the human 
        immunodeficiency virus.
          ``(16) The term `individuals living with HIV or AIDS' 
        means, with respect to the counting of cases in a 
        geographic area during a period of time, the sum of--
                  ``(A) the number of living non-AIDS cases of 
                HIV in the area; and
                  ``(B) the number of living cases of AIDS in 
                the area.''.

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