II 

111TH CONGRESS 

1ST SESSION S. 2836 

To improve the Operating Fund for public housing of the Department of 

Housing and Urban Development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 4, 2009 

Mr. KOHL (for himself and Ms. SNOWE) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To improve the Operating Fund for public housing of the 

Department of Housing and Urban Development, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Asset Management Im5 provement Act of 2009’’. 

6 SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND 

7 RELATED FEES. 

8 (a) MANAGEMENT AND RELATED FEES.—The Sec9 retary of Housing and Urban Development shall not imVerDate Nov 24 2008 23:06 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2836.IS S2836

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1 pose any restriction or limitation on the amount of man2 agement and related fees with respect to a public housing 

3 project if the fee is determined to be reasonable by the 

4 public housing agency, unless such restriction or limitation 

5 imposed by the Secretary on such fees— 

6 (1) is determined pursuant to a negotiated rule7 making which is convened by the Secretary no ear8 lier than April 1, 2010, and in accordance with sub9 chapter III of chapter 5 of title 5, United States 

10 Code, with representatives from interested parties; 

11 and 

12 (2) is effective only on or after January 1, 

13 2012. 

14 The Secretary may not consider a public housing agency 

15 as failing to comply with the asset management require16 ments of subpart H of part 990 of title 24 of the Code 

17 of Federal Regulations, or any successor or amended regu18 lation containing asset management requirements, or de19 termine that an agency fails to comply with such require20 ments, because of or as a result of the agency determining 

21 its fees in accordance with this subsection. 

22 (b) INCREASE OF THRESHOLD FOR EXEMPTION

23 FROM ASSET MANAGEMENT REQUIREMENTS.— 

24 (1) INCREASE.—Any public housing agency 

25 that owns or operates fewer than 500 public housing 


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1 units under title I of the United States Housing Act 

2 of 1937 may elect to be exempt from any asset man3 agement requirement imposed by the Secretary of 

4 Housing and Urban Development. 

5 (2) DETERMINATION OF OPERATING FUND AL6 LOCATION.—If a public housing agency elects pursu7 ant to paragraph (1) to be exempt from asset man8 agement requirements, the agency may, at its op9 tion, retain the same number of separate public 

10 housing projects, for purposes of determining its op11 erating fund allocation, as the agency had identified 

12 and the Secretary of Housing and Urban Develop13 ment had approved before the agency’s election to be 

14 so exempt. 

15 SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF 

16 CAPITAL FUND AMOUNTS. 

17 The Secretary of Housing and Urban Development 

18 shall not impose any requirement, regulation, or guideline 

19 relating to asset management that restricts or limits in 

20 any way the use by public housing agencies of amounts 

21 for Capital Fund assistance under section 9(d) of such 

22 Act, pursuant to paragraph (1) or (2) of section 9(g) of 

23 the United States Housing Act of 1937 (42 U.S.C. 

24 1437g(g)), for costs of any central office of a public hous25 ing agency. 


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1 SEC. 4. TENANT PARTICIPATION. 

2 (a) RULE OF CONSTRUCTION.—Neither the require3 ments of this Act, nor any other requirement, regulation, 

4 guideline, or other policy or action of the Department of 

5 Housing and Urban Development relating to public hous6 ing asset management may be construed to repeal or waive 

7 any provision of part 964 of title 24 of the Code of Federal 

8 Regulations, regarding tenant participation and tenant op9 portunities in public housing. The Secretary of Housing 

10 and Urban Development shall ensure that public housing 

11 agencies encourage the reasonable efforts of resident ten12 ant organizations to represent their members or the rea13 sonable efforts of tenants to organize. 

14 (b) PHAS IN RECEIVERSHIP.—In the case of any 

15 public housing agency in receivership, the Secretary of 

16 Housing and Urban Development or any receiver may not 

17 abrogate, waive, repeal, or modify any provision of part 

18 964 of title 24 of the Code of Federal Regulations or any 

19 provision of a formalized housing agreement entered into 

20 pursuant to such part 964 (including pursuant to section 

21 964.11, 964.14, 964.18(a)(6), or 964.135 of such part) 

22 before the commencement of such receivership by a resi23 dent or tenant organization and the public housing agen24 cy. 

25 (c) GUIDANCE.—Guidance issued by the Secretary of 

26 Housing and Urban Development shall encourage particiVerDate Nov 24 2008 23:06 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2836.IS S2836

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1 pation by residents in the implementation of asset man2 agement and the development of local policies for such 

3 purposes. 

Æ 


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