I 
111TH CONGRESS 
1ST SESSION H. R. 1048 
To improve the Operating Fund for public housing of the Department of 
Housing and Urban Development, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2009 
Mr. SIRES (for himself, Mr. HARE, Mr. WILSON of Ohio, Mr. FRANK of Mas-
sachusetts, and Mr. MEEK of Florida) introduced the following bill; which 
was referred to the Committee on Financial Services 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Asset Management Im-
provement Act of 2009’’. 
SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND 
RELATED FEES. 
(a) MANAGEMENT AND RELATED FEES.—The Sec-
retary of Housing and Urban Development shall not im-
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pose any restriction or limitation on the amount of man-
agement 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 rule-
making which is convened by the Secretary no ear-
lier than April 1, 2010, and in accordance with sub-
chapter 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, 
2012. 
The Secretary may not consider a public housing agency 
as failing to comply with the asset management require-
ments of subpart H of part 990 of title 24 of the Code 
of Federal Regulations, or any successor or amended regu-
lation containing asset management requirements, or de-
termine that an agency fails to comply with such require-
ments, 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 
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units under title I of the United States Housing Act 
of 1937 may elect to be exempt from any asset man-
agement requirement imposed by the Secretary of 
Housing and Urban Development. 
(2) DETERMINATION OF OPERATING FUND AL-
LOCATION.—If a public housing agency elects pursu-
ant to paragraph (1) to be exempt from asset man-
agement requirements, the agency may, at its op-
tion, retain the same number of separate public 
housing projects, for purposes of determining its op-
erating fund allocation, as the agency had identified 
and the Secretary of Housing and Urban Develop-
ment 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 hous-
ing agency. 
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SEC. 4. TENANT PARTICIPATION. 
(a) RULE OF CONSTRUCTION.—Neither the require-
ments 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 hous-
ing 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 op-
portunities in public housing. The Secretary of Housing 
and Urban Development shall ensure that public housing 
agencies encourage the reasonable efforts of resident ten-
ant organizations to represent their members or the rea-
sonable 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 resi-
dent or tenant organization and the public housing agen-
cy. 
(c) GUIDANCE.—Guidance issued by the Secretary of 
Housing and Urban Development shall encourage partici-
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pation by residents in the implementation of asset man-
agement and the development of local policies for such 
purposes. 
SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR AS-
SISTANCE. 
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 REGISTRA-
TION OF LEGAL FIREARMS.—The Secretary of Housing 
and Urban Development shall not accept as reasonable 
any management or related fees for enforcing any provi-
sion of a dwelling lease agreement or other similar agree-
ment that requires the registration of or prohibits the pos-
session of any firearm that is possessed by an individual 
for his or her personal protection or for sport the posses-
sion 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 
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HOUSING.—Section 577 of the Quality Housing and Work 
Responsibility Act of 1998 (42 U.S.C. 13662) is amend-
ed— 
(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 pe-
riod 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 ille-
gal 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.’’. 
Æ 
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