[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1947 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1947
To provide emergency rental assistance under the Housing Choice Voucher
Program of the Department of Housing and Urban Development, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Mr. Smith of Washington introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To provide emergency rental assistance under the Housing Choice Voucher
Program of the Department of Housing and Urban Development, and for
other purposes.
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 ``Ensuring a Long-Term Housing
Recovery Act of 2021''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the economic impact of the novel coronavirus disease
(COVID-19) pandemic on housing renters is substantial and has
contributed to a growing rental income shortfall throughout the
economy during the pandemic;
(2) while other economic stimulus efforts have been very
important, there is a gap in rental payments;
(3) rigorous research shows that tenant-based housing
vouchers, which help families afford decent stable housing in
the private market, are the single most effective policy for
reducing homelessness, housing instability, and overcrowding
among extremely low-income persons; and
(4) the Federal response must include, in the near term, an
increase in the amount of provided under direct rental
assistance programs, which are varied and can interact with the
public through a variety of different methods.
SEC. 3. HOUSING CHOICE VOUCHER PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary'') $25,000,000,000 to remain
available until expended (subject to subsection (d)), for an
additional amount for fiscal year 2021 to be used for
incremental rental voucher assistance under section 8(o) of the
United States Housing Act of 1937 for use by individuals and
families, including administrative and other expenses. Amounts
authorized pursuant to this subsection are in addition to any
other amounts authorized or made available for such purposes.
(2) Administrative and other expenses.--Administrative and
other expenses of public housing agencies in administering the
vouchers funded this subsection shall--
(A) be funded under the same terms for
administrative and other expenses to public housing
agencies under paragraph (3) of this heading ``Public
and Indian Housing--Tenant-Based Rental Assistance'' in
title II of division H of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94; 133 Stat.
2978), except that those expenses shall not be subject
to any pro rata reduction under such paragraph; and
(B) include costs related to retention and support
of participating owners.
(b) Allocation.--
(1) Formula.--The Secretary shall allocate 75 percent of
any amounts made available pursuant to subsection (a) to public
housing agencies not later than 60 days after the date of the
enactment of this Act, according to a formula that--
(A) is based on an agency's authorized level of
units under contract for calendar year 2020; and
(B) provides amounts for individuals and families
residing in rural areas in each State in proportion to
the population of income-eligible individuals and
families residing in such areas in such State.
(2) Competition.--The Secretary shall allocate 25 percent
of any amounts made available pursuant to subsection (a) to
public housing agencies under a competition based on need for
such amounts and such other criteria as the Secretary shall
establish.
(3) Reallocation of unused assistance.--If a public housing
authority elects not to administer or does not utilize at least
95 percent of its authorized vouchers within a reasonable
period of time, the Secretary shall reallocate any unissued
vouchers and associated funds to other public housing agencies
according to the criteria under paragraph (1).
(4) Prohibition on reissuance.--A public housing agency
shall not reissue any vouchers made available pursuant to
subsection (a) for incremental rental voucher assistance when
assistance for the family initially assisted is terminated.
(c) Eligible Income.--Notwithstanding any other provision of law,
the Secretary shall provide that assistance with amounts made available
pursuant to subsection (a) be used to assist households having an
income not exceeding 80 percent of the area median income if the
Secretary determines it necessary to temporarily provide rental housing
assistance to meet moderate income housing needs.
(d) Use for Rent and Utilities.--
(1) In general.--Rental assistance made available pursuant
to this section may be used for providing short- or medium-term
assistance with rent and rent-related costs including--
(A) tenant-paid utility costs (including costs of
internet access service );
(B) utility-arrears (including costs of internet
access service);
(C) rent-arrears;
(D) fees charged for utility arrears;
(E) fees charged for rent arrears;
(F) security deposits;
(G) utility deposits;
(H) application fees; and
(I) landlord incentive payments, including--
(i) payments made to a landlord to
participate in a public housing agency's
housing choice voucher program;
(ii) payments made to a landlord to
maintain the landlord's participation in a
public housing agency's housing choice voucher
program; and
(iii) payments made to a landlord for
referring another landlord to participate in a
public housing agency's housing choice voucher
program.
(2) Guidance.--The Secretary shall issue guidance setting
forth procedures for public housing agencies to cover or
reimburse costs of tenant internet access service.
(e) Waivers and Alternative Requirements.--In providing tenant-
based rental assistance with amounts made available pursuant to this
section:
(1) Income.--Any amounts received from unemployment
insurance shall be included as income, except that any amounts
received from temporary supplemental unemployment insurance
shall be excluded from income.
(2) Unobligated balances.--The Secretary shall award any
remaining unobligated balances appropriated pursuant to this
section only for incremental vouchers under this section to
prevent, prepare for, and respond to coronavirus.
(3) Authority and conditions.--Rental assistance made
available pursuant to this section shall be used under the same
authority and conditions as the additional appropriations for
rental assistance for fiscal year 2020 made available under the
heading ``Tenant-Based Rental Assistance'' in title XII of
division B of the CARES Act (Public Law 116-136), except that
any amounts provided for administrative expenses and other
expenses of public housing agencies for carrying out their
section 8 rental assistance programs, including mainstream
vouchers, under such heading in the CARES Act (Public Law 116-
136) and any amounts made available pursuant to this section
shall also be available for housing assistance payments under
section 8(o) of the United States Housing Act of 1937.
(4) Costs.--Amounts made available for rental assistance
pursuant to this section and under the heading ``Tenant-Based
Rental Assistance'' in title XII of division B of the CARES Act
may be used to cover or reimburse allowable costs incurred to
prevent, prepare for, and respond to coronavirus, including
administrative fees for public housing agencies, regardless of
the date on which such costs were incurred.
(5) Waiting lists.--To address the special needs created by
the coronavirus pandemic, the Secretary shall authorize public
housing agencies to depart from any existing waiting list to
fund vouchers for rental assistance made available pursuant to
this section and shall waive any other requirements for public
housing agencies that the Secretary determines are necessary to
simplify implementation of the provision of such rental
assistance.
SEC. 4. WAIVER AUTHORITY IN CONNECTION WITH ASSISTANCE UNDER THIS ACT.
(a) Waiver Authority.--Except for requirements related to fair
housing, nondiscrimination, labor standards, prohibition on
prerequisites, data reporting, and the environment, the Secretary may
waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the use of the amounts made available pursuant to section 3 if the
Secretary determines that any such waivers or alternative requirements
are necessary for the safe and effective administration of such amounts
to prevent, prepare for, and respond to coronavirus and such waiver or
alternative requirement is consistent with the purposes of this Act.
(b) Public Notice.--The Secretary shall notify the public through
publication of notice in the Federal Register or other appropriate
means of any waiver or alternative requirement pursuant to this
subsection to ensure the most expeditious allocation of rental
assistance amounts made available pursuant to this section and in order
for such waiver or alternative requirement to take effect, and such
public notice may be provided, at a minimum, online on the Internet at
an appropriate website of the Department of Housing and Urban
Development or through other electronic media, as determined by the
Secretary.
SEC. 5. EXTENSION OF EXISTING WAIVERS AND WAIVER AUTHORITY.
(a) 5-Year Extension of Waivers.--Subject to subsection (d) and
notwithstanding any other provision of law, any waiver impacting the
housing choice voucher program included in Notice PIH 2020-33(HA), REV-
2 of the Department of Housing and Urban Development, issued November
30, 2020, shall remain in effect until the expiration of the 5-year
period beginning on the date of the enactment of this Act. The
Secretary of Housing and Urban Development shall modify any alternative
requirements to comply with the waiver extensions.
(b) 5-Year Extension of Waiver Authority.--Subject to subsection
(d) and notwithstanding any other provision of law, any authority under
this Act, the CARES Act, or any other provision of law, that provides
for the Secretary of Housing and Urban Development to waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers, that is in effect as of the
date of the enactment of this Act, shall remain in effect until the
expiration of the 5-year period beginning on the date of the enactment
of this Act.
(c) 5-Year Inapplicability of Cash Management Requirements.--The
cash management requirements described in section 3.1.C of part 3 of
the Compliance Supplement of the Office of Management and Budget (2
C.F.R. Part 200, Appendix XI) shall not apply to any programs
administered by the Secretary of Housing and Urban Development during
the 5-year period beginning on the date of the enactment of this Act.
(d) Extension.--Before the expiration of the 5-year period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall analyze any waivers in effect
pursuant to subsections (a) and (b) and the inapplicability of the cash
management requirements pursuant to subsection (c) to determine the
effectiveness of such waivers and inapplicability in improving program
efficiencies without reducing program integrity or quality. The
Secretary may, based on such determinations, extend any such waivers or
inapplicability for such period as the Secretary considers appropriate
upon written notice to the Congress of such extension and the reasons
for such extension.
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