HR 6216
7-9-08, House Agreed to Bill by Voice Vote
Referred to Senate
Committee on Banking, Housing & Urban Affairs
110th CONGRESS
2d Session
H. R. 6216
IN THE SENATE OF THE UNITED STATES
July 10 (legislative day, July 9), 2008
Received; read twice and referred to the Committee on Banking, Housing, and
Urban Affairs
AN ACT
To improve the Operating Fund for public housing 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 `Asset Management Improvement Act of 2008'.
SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND RELATED FEES.
(a) Management and Related Fees- The Secretary of Housing and Urban Development
shall not impose any restriction or limitation on the amount of management
and related fees with respect to a public housing project if the fee is determined
to be reasonable by the public housing agency, unless such restriction or
limitation imposed by the Secretary on such fees--
(1) is determined pursuant to a negotiated rulemaking which is convened
by the Secretary no earlier than April 1, 2009, and in accordance with subchapter
III of chapter 5 of title 5, United States Code, with representatives from
interested parties; and
(2) is effective only on or after January 1, 2011.
The Secretary may not consider a public housing agency as failing to comply
with the asset management requirements of subpart H of part 990 of title 24
of the Code of Federal Regulations, or any successor or amended regulation
containing asset management requirements, or determine that an agency fails
to comply with such requirements, because of or as a result of the agency
determining its fees in accordance with this subsection.
(b) Increase of Threshold for Exemption From Asset Management Requirements-
(1) INCREASE- Any public housing agency that owns or operates fewer than
500 public housing units under title I of the United States Housing Act
of 1937 may elect to be exempt from any asset management requirement imposed
by the Secretary of Housing and Urban Development.
(2) DETERMINATION OF OPERATING FUND ALLOCATION- If a public housing agency
elects pursuant to paragraph (1) to be exempt from asset management requirements,
the agency may, at its option, retain the same number of separate public
housing projects, for purposes of determining its operating fund allocation,
as the agency had identified and the Secretary of Housing and Urban Development
had approved before the agency's election to be so exempt.
SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF CAPITAL FUND AMOUNTS.
The Secretary of Housing and Urban Development shall not impose any requirement,
regulation, or guideline relating to asset management that restricts or limits
in any way the use by public housing agencies of amounts for Capital Fund
assistance under section 9(d) of such Act, pursuant to paragraph (1) or (2)
of section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)),
for costs of any central office of a public housing agency.
SEC. 4. TENANT PARTICIPATION.
(a) Rule of Construction- Neither the requirements of this Act, nor any other
requirement, regulation, guideline, or other policy or action of the Department
of Housing and Urban Development relating to public housing asset management
may be construed to repeal or waive any provision of part 964 of title 24
of the Code of Federal Regulations, regarding tenant participation and tenant
opportunities in public housing. The Secretary of Housing and Urban Development
shall ensure that public housing agencies encourage the reasonable efforts
of resident tenant organizations to represent their members or the reasonable
efforts of tenants to organize.
(b) PHAs in Receivership- In the case of any public housing agency in receivership,
the Secretary of Housing and Urban Development or any receiver may not abrogate,
waive, repeal, or modify any provision of part 964 of title 24 of the Code
of Federal Regulations or any provision of a formalized housing agreement
entered into pursuant to such part 964 (including pursuant to section 964.11,
964.14, 964.18(a)(6), or 964.135 of such part) before the commencement of
such receivership by a resident or tenant organization and the public housing
agency.
(c) Guidance- Guidance issued by the Secretary of Housing and Urban Development
shall encourage participation by residents in the implementation of asset
management and the development of local policies for such purposes.
SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR ASSISTANCE.
Immigrants who are not lawfully present in the United States shall be ineligible
for financial assistance under this Act, as provided and defined by section
214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a).
Nothing in this Act shall be construed to alter the restrictions or definitions
in such section 214.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Prohibition of Management Fees for Agreements Prohibiting or Requiring
Registration of Legal Firearms- The Secretary of Housing and Urban Development
shall not accept as reasonable any management or related fees for enforcing
any provision of a dwelling lease agreement or other similar agreement that
requires the registration of or prohibits the possession of any firearm that
is possessed by an individual for his or her personal protection or for sport
the possession of which is not prohibited, or the registration of which is
not required, by existing law.
(b) Termination of Tenancy and Assistance for Illegal Use of Firearm in Federally
Assisted Housing- Section 577 of the Quality Housing and Work Responsibility
Act of 1998 (42 U.S.C. 13662) is amended--
(1) in the section heading--
(A) by striking `and' the second place it appears and inserting a comma;
and
(B) by inserting `, and firearms users' after `abusers'; and
(A) in paragraph (1), by striking `or' at the end;
(B) in paragraph (2), by striking the period at the end and inserting
`; or'; and
(C) by adding at the end the following new paragraph:
`(3) who the public housing agency or owner determines is illegally using
a firearm, or whose illegal use of a firearm is determined by the public
housing authority or owner to interfere with the health, safety, or right
to peaceful enjoyment of the premises by other residents.'.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
END
