An amendment numbered 1 printed in House Report 110-227 to include increased rent structure flexibility while maintaining affordability requirements, an increase up to 12.5% in first year permitted housing agency voucher reserves, provisions spelling out HUD responsibilities with respect to access to HUD programs for persons with Limited English Proficiency, modifications to voucher inspection requirements, and changes to the Housing Innovation Program.
What it does: 34 changes: replaces text in 23 places, strikes text in 4 places, inserts text in 6 places, adds a sectionDescription
Manager's amendment consists of the text of the amendment contained in House Report 110-227 and printed on pages H7745-H7747 in the Congressional Record of July 12, 2007.
What it changes
34 changes to H.R. 1851 · 11 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “biennial inspections” with “inspections not less often than biennially”
In H.R. 1851 · Reported in House
"(D) Biennial inspections.--
"(i) Requirement.--Each public housing agency providing assistance under this subsection (or other entity, as provided in paragraph (11)) shall, for each assisted dwelling unit, make
[struck: biennial ]inspections [inserted: not less often than biennially ]during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements under subparagraph (A). The agency (or other entity) shall retain the records of the inspection for a reasonable time and shall make the records available upon request to the Secretary, the Inspector General for the Department of Housing and Urban Development, and any auditor conducting an audit under section 5(h)."(ii) Sufficient inspection.--An inspection of a property shall be sufficient to comply with the inspection requirement under clause (i) if--
Original wording
Page 4, line 16, strike “biennial inspections” and insert “inspections not less often than biennially”.
Change 2: Rewrites page 6, lines 5–6
ReplacesPrinted pageRemoves page 6, lines 5–6 of the printed bill. See that page
Inserted: (3) by redesignating subparagraph (E) as subparagraph (G);
Inserted: (4) by inserting after subparagraph (D) the following new subparagraphs:
Inserted: "(E) Interim inspections.--Upon notification to the public housing agency, by a family on whose behalf tenant-based rental assistance is provided under this subsection or by a government official, that the dwelling unit for which such assistance is provided does not comply with the housing quality standards under subparagraph (B), the agency shall inspect the dwelling unit--
Inserted: "(i) in the case of any condition that is life-threatening, within 24 hours after receipt of such notice; and
Inserted: "(ii) in the case of any condition that is not life-threatening, within 15 days after receipt of such notice.".
Original wording
Page 6, strike lines 5 and 6 and insert the following:
Change 3: Rewrites page 7, lines 1–3
ReplacesPrinted pageRemoves page 7, lines 1–3 of the printed bill. See that page
Inserted: (III) the failure to comply is not corrected--
Inserted: (aa) in the case of any such failure that is a result of life-threatening conditions, within 24 hours after receipt of such notice; and
Inserted: (bb) in the case of any such failure that is a result of non-life threatening conditions, within 30 days after receipt of such notice or such other reasonable period as the public housing agency may establish.
Original wording
Page 7, strike lines 1 through 3 and insert the following:
Change 4: Strikes “and release”
In H.R. 1851 · Reported in House
"(III) the failure to comply is not corrected within 90 days after receipt of such notice.
"(ii) Withholding
[struck: and release ]of assistance amounts.--The public housing agency shall withhold all of the assistance amounts under this subsection with respect to a dwelling unit that is in noncompliance with housing quality standards under subparagraph (B). Subject to clause (iii), the agency shall promptly release any withheld amounts to the owner of the dwelling unit upon completion of repairs that remedy such noncompliance."(iii) Use of withheld assistance to pay for repairs.--The public housing agency may use such amounts withheld to make repairs to the dwelling unit or to contract to have repairs made (or to contract with an inspector referred to in clause (i)(I) to make or contract for such repairs), and shall subtract the cost of such repairs from any amounts released to the owner of the unit upon remedying such noncompliance.
Original wording
Page 7, line 4, strike “and release”.
Change 5: Replaces “Subject” through line 14 with “Upon completion of repairs by the public housing agency or the owner sufficient so that t…”
[struck: Subject …][inserted: Upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards, the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit.]Original wording
Page 7, strike “Subject” in line 10 and all that follows through line 14, and insert the following: “Upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards, the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit.”.
Change 6: Replaces “(or to” through line 24 with “, except that a contract to make repairs may not be entered into with the inspector for t…”
[struck: (or to …][inserted: , except that a contract to make repairs may not be entered into with the inspector for the dwelling unit referred to in clause (i)(I).]Original wording
Page 7, strike “(or to” in line 19 and all that follows through line 24, and insert the following: “, except that a contract to make repairs may not be entered into with the inspector for the dwelling unit referred to in clause (i)(I).”.
Change 7: Inserts “During the period that assistance is withheld pursuant to this subparagraph, the tenant m…” after the period
Inserted: During the period that assistance is withheld pursuant to this subparagraph, the tenant may terminate the tenancy by notifying the owner.
Original wording
Page 8, line 6, after the period insert the following: “During the period that assistance is withheld pursuant to this subparagraph, the tenant may terminate the tenancy by notifying the owner.”.
Change 8: Replaces “before” through line 16 with “within 60 days after the effective date of the determination of noncompliance under claus…”
[struck: before …][inserted: within 60 days after the effective date of the determination of noncompliance under clause (i), or such other reasonable period as the public housing agency may establish, and the agency does not use its authority under clause (iii), the agency shall terminate the housing assistance payments contract for the dwelling unit. The agency shall provide the family residing in such a dwelling unit a period of 90 days, beginning upon termination of the contract, to lease a new residence to assist with the tenant-based rental assistance made available under this section for the family. If the family is unable to lease such a new residence during such period, the public housing agency shall extend the period during which the family may lease a new residence to be assisted with such assistance or provide such family a preference for occupancy in a dwelling unit of public housing owned or operated by the agency that first becomes available for occupancy after the expiration of such period. The agency shall provide reasonable assistance to the family in finding a new residence, including use of two months of any assistance amounts withheld pursuant to clause (ii) for costs associated with relocation of the family to a new residence.]Original wording
Page 8, strike “before” in line 12 and all that follows through line 16, and insert the following: “within 60 days after the effective date of the determination of noncompliance under clause (i), or such other reasonable period as the public housing agency may establish, and the agency does not use its authority under clause (iii), the agency shall terminate the housing assistance payments contract for the dwelling unit. The agency shall provide the family residing in such a dwelling unit a period of 90 days, beginning upon termination of the contract, to lease a new residence to assist with the tenant-based rental assistance made available under this section for the family. If the family is unable to lease such a new residence during such period, the public housing agency shall extend the period during which the family may lease a new residence to be assisted with such assistance or provide such family a preference for occupancy in a dwelling unit of public housing owned or operated by the agency that first becomes available for occupancy after the expiration of such period. The agency shall provide reasonable assistance to the family in finding a new residence, including use of two months of any assistance amounts withheld pursuant to clause (ii) for costs associated with relocation of the family to a new residence.”.
Change 9: Inserts new text on page 8, line 16
InsertsPrinted pageInserted: (vi) Limitation of liability of public housing agencies.--A public housing agency that uses its authority under clause (iii) shall not, if the agency accomplishes the work through a contractor that is licensed, bonded, and insured in amounts and with coverage as required by the Secretary, be liable for any injury or damages that may result to persons or to any property owned by the tenant or owner.
Inserted: (vii) Tenant-caused damages.--If a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph (B), other than any damage resulting from ordinary use, was caused by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control, the agency may, in the discretion of the agency, waive the applicability of this subparagraph, except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant.
Original wording
Page 8, after line 16, insert the following:
Change 10: Replaces “(vi)” with “(viii)”
[struck: (vi)][inserted: (viii)]Original wording
Page 8, line 17, strike “(vi)” and insert “(viii)”.
Change 11: Strikes “and”
Struck: and
Original wording
Page 9, line 13, strike “and”.
Change 12: Inserts new text on page 9, line 13
InsertsPrinted pageInserted: (B) in paragraph (1)--
Inserted: (i) by striking "paragraph (2)" and inserting "paragraphs (2) and (3)"; and
Inserted: (ii) by striking "paragraph (3)" and inserting "paragraph (4)";
Inserted: (C) in paragraph (2)(A)(i), by striking "paragraph (3)" and inserting "paragraph (4)";
Inserted: (D) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
Inserted: (E) by inserting after paragraph (2) the following new paragraph:
Inserted: "(3) PHA authority to establish alternative rents.--
Inserted: "(A) Rent flexibility for public housing and voucher program.--Subject to the requirements under subparagraph (B), a public housing agency may establish for public housing and for families on whose behalf assistance is provided under the program for tenant-based voucher assistance under section 8(o)--
Inserted: "(i) a tenant rent structure in which--
Inserted: "(I) the public housing agency establishes, based on the rental value of the unit, as determined by the public housing agency--
Inserted: "(aa) a ceiling rent for each dwelling unit that it owns and operates; and
Inserted: "(bb) a ceiling on the amount of the tenant contribution toward rent required of a family provided tenant-based assistance; and
Show 5 more inserted paragraphsShow less
Inserted: "(II) such ceiling rent and tenant contribution are adjusted periodically on the basis of an inflation index or a recalculation of the rental value of the unit (which may be recalculated by unit or by building);
Inserted: "(ii) an income-tiered tenant rent structure in which the amount of rent a family shall pay is set and distributed on the basis of broad tiers of income and such tiers and rents are adjusted on the basis of an annual cost index except that families entering public housing shall not be offered a rent lower than the rent corresponding to their income tier; or
Inserted: "(iii) a tenant rent structure in which the amount of rent a family shall pay is based on a percentage of family income, except that lower percentages may apply only with respect to earned income; such a rent structure may provide for an amount of rent based on a calculation of earned income that provides for disregard of a higher percentage or higher dollar amount, or both, than provided for in paragraph (8)(B).
Inserted: "(B) Limitation.--Notwithstanding the authority provided under subparagraph (A), the amount paid for rent (including the amount allowed for tenant-paid utilities) by any family for a dwelling unit in public housing or for rental of a dwelling unit for which tenant-based voucher assistance under section 8(o) is provided may not exceed the amount determined under subsection (a)(1) of this section or section 8(o), respectively. The Secretary shall issue regulations and establish procedures to ensure compliance with this subparagraph.
Inserted: "(C) Elderly families and disabled families.--Notwithstanding any other provision of this Act, this paragraph shall not apply to elderly families and disabled families."; and
Original wording
Page 9, after line 13, insert the following:
Change 13: Replaces “(B)” with “(F)”
[struck: (B)][inserted: (F)]Original wording
Page 9, line 14, strike “(B)” and insert “(F)”.
Change 14: Replaces “(6)” with “(7)”
[struck: (6)][inserted: (7)]Original wording
Page 9, line 16, strike “(6)” and insert “(7)”.
Change 15: Replaces “(7)” with “(8)”
[struck: (7)][inserted: (8)]Original wording
Page 12, line 19, strike “(7)” and insert “(8)”.
Change 16: Replaces “(6)(A)” with “(7)(A)”
In H.R. 1851 · Reported in House
"(7) Calculation of income.--
"(A) Use of prior year's income.--Except as otherwise provided in this paragraph, in determining the income of a family for a year, a public housing agency or owner may use the income of the family as determined by the agency or owner for the preceding year, taking into consideration any redetermination of income during such prior year pursuant to clause (iii) or (iv) of paragraph (
[struck: 6][inserted: 7])(A)."(B) Earned income.--For purposes of this section, the earned income of a family for a year shall be the amount of earned income by the family in the prior year minus an amount equal to 10 percent of the lesser of such prior year's earned income or $10,000, except that the income of a family for purposes of section 16 (relating to eligibility for assisted housing and income mix) shall be determined without regard to any reduction under this subparagraph.
Original wording
Page 13, line 3, strike “(6)(A)” and insert “(7)(A)”.
Change 17: Replaces “(6)(B)(ii)” with “(7)(B)(ii)”
In H.R. 1851 · Reported in House
"(B) Earned income.--For purposes of this section, the earned income of a family for a year shall be the amount of earned income by the family in the prior year minus an amount equal to 10 percent of the lesser of such prior year's earned income or $10,000, except that the income of a family for purposes of section 16 (relating to eligibility for assisted housing and income mix) shall be determined without regard to any reduction under this subparagraph.
"(C) Inflationary adjustment for fixed income families.--If, for any year, a public housing agency or owner determines the income for any family described in paragraph (
[struck: 6][inserted: 7])(B)(ii), or the amount of fixed income of any other family, based on the prior year's income or fixed income, respectively, pursuant to subparagraph (A), such prior year's income or fixed income, respectively, shall be adjusted by applying an inflationary factor as the Secretary shall, by regulation, establish."(D) Other income.--If, for any year, a public housing agency or owner determines the income for any family based on the prior year's income, with respect to prior year calculations of types of income not subject to subparagraph (B), a public housing agency or owner may make other adjustments as it considers appropriate to reflect current income.
Original wording
Page 13, line 18, strike “(6)(B)(ii)” and insert “(7)(B)(ii)”.
Change 18: Replaces “(6)” with “(7)”
[struck: (6)][inserted: (7)]Original wording
Page 15, line 6, strike “(6)” and insert “(7)”.
Change 19: Replaces “(6) and (7)” with “(7) and (8)”
In H.R. 1851 · Reported in House
(2) in subparagraph (A)--
(A) by striking "the provisions of" and inserting "paragraphs (
[struck: 6][inserted: 7]) and ([struck: 7][inserted: 8]) of section 3(a) and to"; and(B) by striking "and shall be conducted upon the initial provision of housing assistance for the family and thereafter not less than annually"; and
Original wording
Page 19, line 13, strike “(6) and (7)” and insert “(7) and (8)”.
Change 20: Inserts new text on page 30, line 11
InsertsPrinted pageInserted: (xi) relocation and replacement of public housing units that are demolished or disposed of pursuant to eminent domain, pursuant to a homeownership program, or in connection with a mixed finance development method under section 35 or otherwise;
Original wording
Page 30, after line 11, insert the following:
Change 21: Replaces “(xi)” with “(xii)”
In H.R. 1851 · Reported in House
"(x) vouchers to replace dwelling units that cease to receive project-based assistance under subsection (b), (c), (d), (e), or (v) of this section;
"(
[struck: xi][inserted: xii]) tenant protection assistance, including replacement and relocation assistance; and"(xii) emergency voucher assistance for the protection of victims of domestic violence, dating violence, sexual assault, or stalking. Subject only to the availability of sufficient amounts provided in appropriation Acts, the Secretary shall provide tenant-based rental assistance to replace all dwelling units that cease to be available as assisted housing as a result of clause (i), (ii), (v), (vi), (vii), (viii), or (x).
Original wording
Page 30, line 12, strike “(xi)” and insert “(xii)”.
Change 22: Replaces “(xii)” with “(xiii)”
In H.R. 1851 · Reported in House
"(xi) tenant protection assistance, including replacement and relocation assistance; and
"(
[struck: xii][inserted: xiii]) emergency voucher assistance for the protection of victims of domestic violence, dating violence, sexual assault, or stalking. Subject only to the availability of sufficient amounts provided in appropriation Acts, the Secretary shall provide tenant-based rental assistance to replace all dwelling units that cease to be available as assisted housing as a result of clause (i), (ii), (v), (vi), (vii), (viii), or (x)."(2) Allocation of renewal funding among public housing agencies.--
Original wording
Page 30, line 15, strike “(xii)” and insert “(xiii)”.
Change 23: Replaces “or (x)” with “(x), or (xi)”
In H.R. 1851 · Reported in House
"(xi) tenant protection assistance, including replacement and relocation assistance; and
"(xii) emergency voucher assistance for the protection of victims of domestic violence, dating violence, sexual assault, or stalking. Subject only to the availability of sufficient amounts provided in appropriation Acts, the Secretary shall provide tenant-based rental assistance to replace all dwelling units that cease to be available as assisted housing as a result of clause (i), (ii), (v), (vi), (vii), (viii), [inserted: (x), ]or (
[struck: x][inserted: xi])."(2) Allocation of renewal funding among public housing agencies.--
Original wording
Page 30, line 24, strike “or (x)” and insert “(x), or (xi)”.
Change 24: Replaces “one twelfth” with “12.5 percent of”
In H.R. 1851 · Reported in House
"(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 accumulated amounts allocated under paragraph (2) and from previous years that are unused by the agency at the end of each calendar year except--
"(i) with respect to the recapture under this subparagraph at the end of 2007, an amount equal to
[struck: one twelfth ][inserted: 12.5 percent of ]the amount allocated to the public housing agency for such year pursuant to paragraph (2)(A); and"(ii) with respect to the recapture under this subparagraph at the end of each of 2008, 2009, 2010, and 2011, an amount equal to 5 percent of such amount allocated to the agency for such year. Notwithstanding any other provision of law, each public housing agency may retain all amounts not authorized to be recaptured under this subparagraph, and may use such amounts for all authorized purposes.
Original wording
Page 36, line 14, strike “one twelfth” and insert “12.5 percent of”.
Change 25: Strikes “until superseded through subsequent rulemaking,”
In H.R. 1851 · Reported in House
"(i) be payable to each public housing agency for each month for which a dwelling unit is covered by an assistance contract;
"(ii)
[struck: until superseded through subsequent rulemaking, ]be based on the per-unit fee payable to the agency in fiscal year 2003, updated for each subsequent year as specified in subsection (iv);"(iii) include an amount for the cost of issuing voucher to new participants;
Original wording
Page 39, lines 6 and 7, strike “until superseded through subsequent rulemaking,”.
Change 26: Inserts new text on page 57, line 18
InsertsPrinted pageInserted: (N) Administrative fee.--The administrative fee applicable to the administration of assistance under this paragraph shall be determined in the same manner as administrative fees applicable to other assistance administered under other provisions of this subsection.
Original wording
Page 57, after line 18, insert the following:
Change 27: Replaces “(N)” with “(O)”
[struck: (N)][inserted: (O)]Original wording
Page 57, line 19, strike “(N)” and insert “(O)”.
Change 28: Inserts “that is a troubled agency under either such assessment program or” after “any agency”
…any agency[inserted: that is a troubled agency under either such assessment program or]…
Original wording
Page 68, line 6, after “any agency” insert “that is a troubled agency under either such assessment program or”
Change 29: Replaces “Not” through “the” with “The”
[struck: Not … the][inserted: The]Original wording
Page 92, strike “Not” in line 5 and all that follows through “the” in line 9 and insert “The”.
Change 30: Strikes the printed lines
StrikesA printed pageRemoves the printed lines.
Original wording
Strike line 24
Change 31: Replaces “, dispose of, or eliminate” with “or dispose of”
In H.R. 1851 · Reported in House
"(D) Monitoring.--The Secretary of Housing and Urban Development shall provide for the appropriate field offices of the Department to monitor and supervise enforcement of this paragraph and plans approved under this paragraph and to consult, regarding such monitoring and enforcement, with resident councils of, and residents of public housing operated or administered by, the agency.
"(5) Comprehensive outreach plan.--No program funds of such agencies may be use to
[struck: demolish,][inserted: demolishor] dispose of[struck: , or eliminate ][inserted: ]any public housing dwelling units except in accordance with a comprehensive outreach plan for such activities, developed by the agency in conjunction with the residents of the public housing agency, as follows:"(A) The plan shall be developed by the agency and a resident task force, which may include members of the Resident Council, but may not be limited to such members, and which shall represent all segments of the population of residents of the agency, including single parent-headed households, the elderly, young employed and unemployed adults, teenage youth, and disabled persons.
Original wording
Page 101, line 22, strike “, dispose of, or eliminate” and insert “or dispose of”.
Change 32: Rewrites page 102, lines 12–14
ReplacesPrinted pageRemoves page 102, lines 12–14 of the printed bill. See that page
Inserted: (b) The votes and agreements regarding the plan shall involve--
Inserted: (i) in the case of any public housing agency that administers 250 or fewer public housing dwelling units, not less than 10 percent of affected residents; and
Inserted: (ii) in the case of any public housing agency that administers more than 250 public housing dwelling units, not less than 25 affected residents
Original wording
Page 102, strike lines 12 through 14 and insert the following:
Change 33: Rewrites page 103, lines 4–6
ReplacesPrinted pageRemoves page 103, lines 4–6 of the printed bill. See that page
Inserted: make available at least 30 percent of the total hours worked at all such employment, and shall also make available at least 25 percent of unskilled jobs in demolition activities and 25 percent of unskilled jobs in construction activities related to the redevelopment
Original wording
Page 103, strike lines 4 through 6 and insert the following: “make available at least 30 percent of the total hours worked at all such employment, and shall also make available at least 25 percent of unskilled jobs in demolition activities and 25 percent of unskilled jobs in construction activities related to the redevelopment”.
Change 34: Adds SEC. 18. ACCESS TO HUD PROGRAMS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY on page 107, line 2
Adds a sectionPrinted pageInserted: SEC. 18. ACCESS TO HUD PROGRAMS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.
Inserted: (a) HUD Responsibilities.--To allow the Department of Housing and Urban Development to better serve persons with limited proficiency in the English language by providing technical assistance to recipients of Federal funds, the Secretary of Housing and Urban Development shall take the following actions:
Inserted: (1) Task force.--Within 90 days after the enactment of this Act, convene a task force comprised of appropriate industry groups, recipients of funds from the Department of Housing and Urban Development (in this section referred to as the "Department"), community-based organizations that serve individuals with limited English proficiency, civil rights groups, and stakeholders, which shall identify a list of vital documents, including Department and certain property and other documents, to be competently translated to improve access to federally conducted and federally assisted programs and activities for individuals with limited English proficiency. The task force shall meet not less frequently than twice per year.
Inserted: (2) Translations.--Within 6 months after identification of documents pursuant to paragraph (1), produce translations of the documents identified in all necessary languages and make such translations available as part of the library of forms available on the website of the Department and as part of the clearinghouse developed pursuant to paragraph (4).
Inserted: (3) Plan.--Develop and carry out a plan that includes providing resources of the Department to assist recipients of Federal funds to improve access to programs and activities for individuals with limited English proficiency, which plan shall include the elements described in paragraph (4).
Inserted: (4) Housing information resource center.--Develop and maintain a housing information resource center to facilitate the provision of language services by providers of housing services to individuals with limited English proficiency. Information provided by such center shall be made available in printed form and through the Internet. The resources provided by the center shall include the following:
Inserted: (A) Translation of written materials.--The center may provide, directly or through contract, vital documents from competent translation services for providers of housing services.
Inserted: (B) Toll-free customer service telephone number.--The center shall provide a 24-hour toll-free interpretation service telephone line, by which recipients of funds of the Department and individuals with limited English proficiency may--
Inserted: (i) obtain information about federally conducted or federally assisted housing programs of the Department;
Inserted: (ii) obtain assistance with applying for or accessing such housing programs and understanding Federal notices written in English; and
Inserted: (iii) communicate with housing providers. and learn how to access additional language services. The toll-free telephone service provided pursuant to this subparagraph shall supplement resources in the community identified by the plan developed pursuant to paragraph (3).
Inserted: (C) Document clearinghouse.--The center shall collect and evaluate for accuracy or develop, and make available, templates and documents that are necessary for consumers, relevant industry representatives, and other stakeholders of the Department, to access, make educated decisions, and communicate effectively about their housing, including--
Show 9 more inserted paragraphsShow less
Inserted: (i) administrative and property documents;
Inserted: (ii) legally binding documents;
Inserted: (iii) consumer education and outreach materials;
Inserted: (iv) documents regarding rights and responsibilities of any party; and
Inserted: (v) remedies available to consumers.
Inserted: (D) Study of language assistance programs.--The center shall conduct a study that evaluates best-practices models for all programs of the Department that promote language assistance and strategies to improve language services for individuals with limited English proficiency. Not later than 18 months after the date of the enactment of this Act, the center shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, which shall provide recommendations for implementation, specific to programs of the Department, and information and templates that could be made available to all recipients of grants from the Department.
Inserted: (E) Cultural and linguistic competence materials.--The center shall provide information relating to culturally and linguistically competent housing services for populations with limited English proficiency.
Inserted: (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).
Inserted: (c) Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, and annually thereafter, the Secretary of Housing and Urban Development shall submit a report regarding its compliance with the requirements under subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Original wording
Page 107, after line 2, insert the following new section:
Shown as written
Page 31, line 16, before the semicolon insert “and of any incremental vouchers funded in previous years”.
on page 97 and all that follows through line 4 on page 98, and insert the following:
“(B) section 8(o), except for paragraph (11) and except as the requirements of section 8(o) are modified by subsection (e)(3) of this section.”.
Page 100, line 2, before the semicolon insert the following: “, except that no household may be prevented from occupying a replacement dwelling unit provided pursuant to clause (iii) except to the extent specifically provided by any other provision of Federal law (including subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et seq.; relating to safety and security in public and assisted housing, subtitle D of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13611 et seq.; relating to preferences for elderly and disabled residents), and section 16(f) of this Act (42 U.S.C. 1437n(f)); relating to ineligibility of persons convicted of methamphetamine offenses)”.
Change made on the floor
The amendment is modified as follows:
In the matter proposed to be inserted by the eighth amendment instruction of the amendment (which begins “Page 8, strike ‘before' in line 12”), strike “The agency shall provide the family” and all that follows through “relocation of the family to a new residence.”.
Strike the matter proposed to be inserted by the amendment at page 8 of the bill, after line 16, and insert the following:
“(vi) Relocation.--If the public housing agency terminates the housing assistance payments contract for a dwelling unit, the lease for any family residing in that unit shall terminate and the family may remain in the unit subject to a new lease as an unassisted family. The agency shall provide the family residing in such a dwelling unit a period of 90 days, beginning upon termination of the contract, to lease a new residence to assist with the tenant-based rental assistance made available under this section for the family. If the family is unable to lease such a new residence during such period, the public housing agency shall extend the period during which the family may lease a new residence to be assisted with such assistance or provide such family a preference for occupancy in a dwelling unit of public housing owned or operated by the agency that first becomes available for occupancy after the expiration of such period. The agency shall provide reasonable assistance to the family in finding a new residence, including use of two months of any assistance amounts withheld pursuant to clause (ii) for costs associated with relocation of the family to a new residence.
“(vii) Limitation of liability of public housing agencies.--A public housing agency that uses its authority under clause (iii) shall not, if the agency accomplishes the work through a contractor that is licensed, bonded, and insured in amounts and with coverage as required by the Secretary, be liable for any injury or damages that may result to persons or to any property owned by the tenant or owner.
“(viii) Tenant-caused damages.--If a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph (B), other than any damage resulting from ordinary use, was caused by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control, the agency may, in the discretion of the agency, waive the applicability of this subparagraph, except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant.”.
Strike the matter proposed to be inserted by the amendment at page 8 of the bill, line 17, and insert “(ix)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 4, line 16, strike “biennial inspections” and insert “inspections not less often than biennially”.
Page 6, strike lines 5 and 6 and insert the following:
(3) by redesignating subparagraph (E) as subparagraph (G);
(4) by inserting after subparagraph (D) the following new subparagraphs:
“(E) Interim inspections.--Upon notification to the public housing agency, by a family on whose behalf tenant-based rental assistance is provided under this subsection or by a government official, that the dwelling unit for which such assistance is provided does not comply with the housing quality standards under subparagraph (B), the agency shall inspect the dwelling unit--
“(i) in the case of any condition that is life-threatening, within 24 hours after receipt of such notice; and
“(ii) in the case of any condition that is not life-threatening, within 15 days after receipt of such notice.”.
Page 7, strike lines 1 through 3 and insert the following:
“(III) the failure to comply is not corrected--
“(aa) in the case of any such failure that is a result of life-threatening conditions, within 24 hours after receipt of such notice; and
“(bb) in the case of any such failure that is a result of non-life threatening conditions, within 30 days after receipt of such notice or such other reasonable period as the public housing agency may establish.”.
Page 7, line 4, strike “and release”.
Page 7, strike “Subject” in line 10 and all that follows through line 14, and insert the following: “Upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards, the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit.”.
Page 7, strike “(or to” in line 19 and all that follows through line 24, and insert the following: “, except that a contract to make repairs may not be entered into with the inspector for the dwelling unit referred to in clause (i)(I).”.
Page 8, line 6, after the period insert the following: “During the period that assistance is withheld pursuant to this subparagraph, the tenant may terminate the tenancy by notifying the owner.”.
Page 8, strike “before” in line 12 and all that follows through line 16, and insert the following: “within 60 days after the effective date of the determination of noncompliance under clause (i), or such other reasonable period as the public housing agency may establish, and the agency does not use its authority under clause (iii), the agency shall terminate the housing assistance payments contract for the dwelling unit. The agency shall provide the family residing in such a dwelling unit a period of 90 days, beginning upon termination of the contract, to lease a new residence to assist with the tenant-based rental assistance made available under this section for the family. If the family is unable to lease such a new residence during such period, the public housing agency shall extend the period during which the family may lease a new residence to be assisted with such assistance or provide such family a preference for occupancy in a dwelling unit of public housing owned or operated by the agency that first becomes available for occupancy after the expiration of such period. The agency shall provide reasonable assistance to the family in finding a new residence, including use of two months of any assistance amounts withheld pursuant to clause (ii) for costs associated with relocation of the family to a new residence.”.
Page 8, after line 16, insert the following:
“(vi) Limitation of liability of public housing agencies.--A public housing agency that uses its authority under clause (iii) shall not, if the agency accomplishes the work through a contractor that is licensed, bonded, and insured in amounts and with coverage as required by the Secretary, be liable for any injury or damages that may result to persons or to any property owned by the tenant or owner.
“(vii) Tenant-caused damages.--If a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph (B), other than any damage resulting from ordinary use, was caused by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control, the agency may, in the discretion of the agency, waive the applicability of this subparagraph, except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant.”.
Page 8, line 17, strike “(vi)” and insert “(viii)”.
Page 9, line 13, strike “and”.
Page 9, after line 13, insert the following:
(B) in paragraph (1)--
(i) by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and
(ii) by striking “paragraph (3)” and inserting “paragraph (4)”;
(C) in paragraph (2)(A)(i), by striking “paragraph (3)” and inserting “paragraph (4)”;
(D) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(E) by inserting after paragraph (2) the following new paragraph:
“(3) PHA authority to establish alternative rents.--
“(A) Rent flexibility for public housing and voucher program.--Subject to the requirements under subparagraph (B), a public housing agency may establish for public housing and for families on whose behalf assistance is provided under the program for tenant-based voucher assistance under section 8(o)--
“(i) a tenant rent structure in which--
“(I) the public housing agency establishes, based on the rental value of the unit, as determined by the public housing agency--
“(aa) a ceiling rent for each dwelling unit that it owns and operates; and
“(bb) a ceiling on the amount of the tenant contribution toward rent required of a family provided tenant-based assistance; and
“(II) such ceiling rent and tenant contribution are adjusted periodically on the basis of an inflation index or a recalculation of the rental value of the unit (which may be recalculated by unit or by building);
“(ii) an income-tiered tenant rent structure in which the amount of rent a family shall pay is set and distributed on the basis of broad tiers of income and such tiers and rents are adjusted on the basis of an annual cost index except that families entering public housing shall not be offered a rent lower than the rent corresponding to their income tier; or
“(iii) a tenant rent structure in which the amount of rent a family shall pay is based on a percentage of family income, except that lower percentages may apply only with respect to earned income; such a rent structure may provide for an amount of rent based on a calculation of earned income that provides for disregard of a higher percentage or higher dollar amount, or both, than provided for in paragraph (8)(B).
“(B) Limitation.--Notwithstanding the authority provided under subparagraph (A), the amount paid for rent (including the amount allowed for tenant-paid utilities) by any family for a dwelling unit in public housing or for rental of a dwelling unit for which tenant-based voucher assistance under section 8(o) is provided may not exceed the amount determined under subsection (a)(1) of this section or section 8(o), respectively. The Secretary shall issue regulations and establish procedures to ensure compliance with this subparagraph.
“(C) Elderly families and disabled families.--Notwithstanding any other provision of this Act, this paragraph shall not apply to elderly families and disabled families.”; and
Page 9, line 14, strike “(B)” and insert “(F)”.
Page 9, line 16, strike “(6)” and insert “(7)”.
Page 12, line 19, strike “(7)” and insert “(8)”.
Page 13, line 3, strike “(6)(A)” and insert “(7)(A)”.
Page 13, line 18, strike “(6)(B)(ii)” and insert “(7)(B)(ii)”.
Page 15, line 6, strike “(6)” and insert “(7)”.
Page 19, line 13, strike “(6) and (7)” and insert “(7) and (8)”.
Page 30, after line 11, insert the following:
“(xi) relocation and replacement of public housing units that are demolished or disposed of pursuant to eminent domain, pursuant to a homeownership program, or in connection with a mixed finance development method under section 35 or otherwise;”
Page 30, line 12, strike “(xi)” and insert “(xii)”.
Page 30, line 15, strike “(xii)” and insert “(xiii)”.
Page 30, line 24, strike “or (x)” and insert “(x), or (xi)”.
Page 31, line 16, before the semicolon insert “and of any incremental vouchers funded in previous years”.
Page 36, line 14, strike “one twelfth” and insert “12.5 percent of”.
Page 39, lines 6 and 7, strike “until superseded through subsequent rulemaking,”.
Page 57, after line 18, insert the following:
“(N) Administrative fee.--The administrative fee applicable to the administration of assistance under this paragraph shall be determined in the same manner as administrative fees applicable to other assistance administered under other provisions of this subsection.”.
Page 57, line 19, strike “(N)” and insert “(O)”.
Page 68, line 6, after “any agency” insert “that is a troubled agency under either such assessment program or”
Page 92, strike “Not” in line 5 and all that follows through “the” in line 9 and insert “The”.
Strike line 24 on page 97 and all that follows through line 4 on page 98, and insert the following:
“(B) section 8(o), except for paragraph (11) and except as the requirements of section 8(o) are modified by subsection (e)(3) of this section.”.
Page 100, line 2, before the semicolon insert the following: “, except that no household may be prevented from occupying a replacement dwelling unit provided pursuant to clause (iii) except to the extent specifically provided by any other provision of Federal law (including subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et seq.; relating to safety and security in public and assisted housing, subtitle D of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13611 et seq.; relating to preferences for elderly and disabled residents), and section 16(f) of this Act (42 U.S.C. 1437n(f)); relating to ineligibility of persons convicted of methamphetamine offenses)”.
Page 101, line 22, strike “, dispose of, or eliminate” and insert “or dispose of”.
Page 102, strike lines 12 through 14 and insert the following:
“(b) The votes and agreements regarding the plan shall involve--
“(i) in the case of any public housing agency that administers 250 or fewer public housing dwelling units, not less than 10 percent of affected residents; and
“(ii) in the case of any public housing agency that administers more than 250 public housing dwelling units, not less than 25 affected residents”.
Page 103, strike lines 4 through 6 and insert the following: “make available at least 30 percent of the total hours worked at all such employment, and shall also make available at least 25 percent of unskilled jobs in demolition activities and 25 percent of unskilled jobs in construction activities related to the redevelopment”.
Page 107, after line 2, insert the following new section:
SEC. 18. ACCESS TO HUD PROGRAMS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.
(a) HUD Responsibilities.--To allow the Department of Housing and Urban Development to better serve persons with limited proficiency in the English language by providing technical assistance to recipients of Federal funds, the Secretary of Housing and Urban Development shall take the following actions:
(1) Task force.--Within 90 days after the enactment of this Act, convene a task force comprised of appropriate industry groups, recipients of funds from the Department of Housing and Urban Development (in this section referred to as the “Department”), community-based organizations that serve individuals with limited English proficiency, civil rights groups, and stakeholders, which shall identify a list of vital documents, including Department and certain property and other documents, to be competently translated to improve access to federally conducted and federally assisted programs and activities for individuals with limited English proficiency. The task force shall meet not less frequently than twice per year.
(2) Translations.--Within 6 months after identification of documents pursuant to paragraph (1), produce translations of the documents identified in all necessary languages and make such translations available as part of the library of forms available on the website of the Department and as part of the clearinghouse developed pursuant to paragraph (4).
(3) Plan.--Develop and carry out a plan that includes providing resources of the Department to assist recipients of Federal funds to improve access to programs and activities for individuals with limited English proficiency, which plan shall include the elements described in paragraph (4).
(4) Housing information resource center.--Develop and maintain a housing information resource center to facilitate the provision of language services by providers of housing services to individuals with limited English proficiency. Information provided by such center shall be made available in printed form and through the Internet. The resources provided by the center shall include the following:
(A) Translation of written materials.--The center may provide, directly or through contract, vital documents from competent translation services for providers of housing services.
(B) Toll-free customer service telephone number.--The center shall provide a 24-hour toll-free interpretation service telephone line, by which recipients of funds of the Department and individuals with limited English proficiency may--
(i) obtain information about federally conducted or federally assisted housing programs of the Department;
(ii) obtain assistance with applying for or accessing such housing programs and understanding Federal notices written in English; and
(iii) communicate with housing providers. and learn how to access additional language services. The toll-free telephone service provided pursuant to this subparagraph shall supplement resources in the community identified by the plan developed pursuant to paragraph (3).
(C) Document clearinghouse.--The center shall collect and evaluate for accuracy or develop, and make available, templates and documents that are necessary for consumers, relevant industry representatives, and other stakeholders of the Department, to access, make educated decisions, and communicate effectively about their housing, including--
(i) administrative and property documents;
(ii) legally binding documents;
(iii) consumer education and outreach materials;
(iv) documents regarding rights and responsibilities of any party; and
(v) remedies available to consumers.
(D) Study of language assistance programs.--The center shall conduct a study that evaluates best-practices models for all programs of the Department that promote language assistance and strategies to improve language services for individuals with limited English proficiency. Not later than 18 months after the date of the enactment of this Act, the center shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, which shall provide recommendations for implementation, specific to programs of the Department, and information and templates that could be made available to all recipients of grants from the Department.
(E) Cultural and linguistic competence materials.--The center shall provide information relating to culturally and linguistically competent housing services for populations with limited English proficiency.
(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).
(c) Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, and annually thereafter, the Secretary of Housing and Urban Development shall submit a report regarding its compliance with the requirements under subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Legislative Activity
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House amendment offered
July 12, 2007
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House amendment offered
July 12, 2007
Amendment agreed to Committee of the Whole
July 12, 2007 • 8:15 PM
House amendment agreed to: On agreeing to the Waters amendment (A001) as modified Agreed to by voice vote.
July 12, 2007 • 8:15 PM
House amendment offered/reported by : Amendment (A001) offered by Ms. Waters.(consideration: CR H7745-7748; text: CR H7745-7747)
July 12, 2007 • 8:04 PM
Amendment (A001) offered by Ms. Waters. (consideration: CR H7745-7748; text: CR H7745-7747)
July 12, 2007 • 8:04 PM
Waters amendment (A001) modified by unanimous consent. (text as modified: CR H7747)
July 12, 2007 • 8:05 PM
On agreeing to the Waters amendment (A001) as modified Agreed to by voice vote.
July 12, 2007 • 8:15 PM