[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6216 Referred in Senate (RFS)]
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
(2) in subsection (a)--
(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.